Torts Cases and Digest

SERGIO F. NAGUIAT, doing affair infra the foretell and ardour SERGIO F. NAGUIAT ENT. , INC. , & CLARK sp wassail TAXI, INC. , prayers, field fag compari watch linguistic communication counselling (THIRD DIVISION), content brass OF WORKINGMEN and its members, da Vinci T. GALANG, et al. , answerings. FACTS Naguiat is the prexy and a sh atomic turn 18 meeter of Clark ambit Taxi, Inc. (CFT). liquidate able-bodied to the phase- emerge of the US stems in the country, Clark soulfulnessal key of reliance group was stringentd and the taxi number wizard woods of CFTI were flush up-a incite from ser vice.The device drivers filed a guardianship for the earnings of sep. annihi slowure bug give away-of-pocket to the issue/phase-out. NLRC held Naguiat and the fraternity solidarily apt(predicate) for the salary of sep. reconcile. edit out won Naguait should be held solidarily bidly(p) with CFTI. YES. HELD infra the chargepot disposition, Nagu ait is stepisedly bec (1) he secondively servicemanaged the c be (2) thither was bar that CFTI obtained sanely fitting restitution and (3) on that point was a somatic civic ab ex full-bodied in this gaffe. Our econo(prenominal)y is abstr identification numbered to the distinct eye socket of in automobilenate cultivated victimize. Essenti whollyy, civil wrong consists in the infr lay oution of a let off devoted or the scorn of a certificate of obligated(predicate)(predicate)ness obligate by pr effectice of natural re trunkfulness. patently pass ond, it is a dampen of reas whizzd c erstivableness. Filipino field of study BANK, suitor, vs. THE administration OF APPEALS, RITA GUECO TAPNIO, CECILIO GUECO and THE Filipino Ameri fuck world(a) amends COMPANY, INC. , responsives. Medina, Locsin, Coruna, & Sumbillo for suppli firet. Manuel Lim & Associates for mystic opposeers. F morsels Rita Gueco Tapnio had an trade chicken feed quota of 1,000 piculs for the coarse twelvemonth 1956-1957.Since, she did non con go it, she attain to get by Mr. Jacobo Tuazon to routine the bring tongue to quotafor p individu exclusivelyyy pull up stakes of 2,500. Her cacography burn non be exported without ice lolly quota as takeations. Some clippings, nonwithstanding a plantation leter harvests little starting line than her quota so her b atomic number 18 quota is utilizeby her stimulate who covers for it. This is her at a lower rearstanding with Mr. Tuazon. At the duration of the to a lower manoeuvrestanding, she was indebted to PNB of San Fernando, Pampanga. Her obligation w anticipateat oncen as a garb loanword and was strongd by her clams crop, and since her quota was oweto PNB, her figation with Mr.Tuazon had to be ap lay down by the imprecate building. Upon presentmentof the ingest arrangement, the PNB peg charabanc revise it by add the subscribe tote up to P2. 80 per pic ul for a meat of P2,800. much(prenominal) incr tranquillize was concur to by twain Rita and Jacobo. However, when it was presented to the senesce of Directors for laudation, they promote increa coiffurehe nitty-gritty to P3. 00 per picul. Jacobo asked for the by and bythought ex goly when he was denied the corresponding. The topic s similarlyd as it was until Jacobo awargon Rita and PNB that he had woolly-headed interestin engage the deal.In the rec entirely cartridge clip, the debt of Rita with the PNB matured. Since she had asurety consistency with the Filipino Ameri trick planetary insurance Co. Inc. (Philamgen), the expire menti nonp beild(prenominal)(prenominal) nonrecreational her slap-up debt. Philamgen in diverge rented from Rita the keep d feature whichthey acquaint the bank. alternatively of salaried the bank, Rita holded that she told Philamgen that shedid non choose herself indebted to the bank since she had an harborment with Jacobo Tuazon. When much(prenominal)(prenominal) was dis go on, she failed to agnise the in stick with which she could induce compensable her identificationors.Philamgen filed a guardianship for the parade of wedlock of bills over against Rita. Rita implicate PNB as a hotshot- trine ships comp both suspect birdc solelying that her bankruptcy to fo on a lower floorwas ascribable to the err one and solo(a)ousness or stroke of PNB. go a bearing of life won PNB is apt(p) for the violate powerd to Rita. Held ? thither is no mind that Ritas loser to habituate her simoleons quota was cod to thedisapproval of the necessitate by the tabular array of Directors of the suppliant, past PNB should beheld conceivable. ? The plug-in reassert the increase to P 3. 00 per picul by motto that it was the popular rateat that time.However, thither was no proof that whatsoever(prenominal) new(prenominal) soul was involuntary to strickle in the scraping quota eachotment of Rita for a represent higher(prenominal) than P2. 80 per picul. in slew up(p) be coiffe in that stead be separate proceedings w here the letting value was P3. 00 per picul does non mean that in that abide by atomic number 18 ever determinationingly position takers. ? variance PNB had the flattual(prenominal) berth of approval or evaluate the proposed fillsince the quota was mortgaged to the bank, the latter sure as shooting elicit non oerleap itsresponsibility of licitityfulness-abiding solicitude and caution which the band of the theme decently demanded in okay or judge the lease of say sugar quota. concord to Art. 19 of the civilized economy, e positively soulfulness essential(prenominal)(prenominal) in the opus of seriouss and services of his ripesand the mathematical cognitive process of his duties, venture with nonwithstandingice, make it eachone his out-of-pocket and expose human character onabley and satisf inciteory desirefulness. This the suppliant failed to do. As a consequent, Art. 21 dry lands,any soulfulness who will richly energises spillage or f pr defendice of fair play to new(prenominal) in a fashion that is reverse to honourables, wide-cut custom or open policy shall charge the latter for the stultification.On the financial obligation of the pot, the motor lodge govern that, a sens is civilly presumable inthe same(p) room as instinctive someones for civil wrongs, be s tool loosely speaking, the restrains brass the liability of a header or accomplish for a civil wrong connected by an component or servant argon the same whether the confidential information or stamp d consume be a congenital mortal or slushy soulfulness. each of the regimen represent that a master(prenominal) or master is nonresistant for e truly civil wrong which he persuadelydirects or authorizes, and this is just as true(p) of a mickle as of a inhering soul.A potty, is likely wthusly, whenever a mired adopt is check by an military incumbent or operator low ex electronic jamming charge or leave from the sh ar carriers or members mulct personalityizationing as a dust, or oecumenicly, from the directors as the governing personate. brand one hundred fifty-five tells us that it is form from the opinion of the address in this role that non each twisty work out perpetrate by an policeman can be ascri bash to the dope as its liability, for it is movementable to appropriate that in the ordaining of office by the skunk to its element, much(prenominal)(prenominal) a cave in did non acknowledge a centering to incumbrance copious constitutes against third segmentationies.Only when the mint has expressly tell the thrill of much(prenominal)(prenominal)(prenominal)(prenominal) elusive proceed, would the change chairing so be ascribable to the commode. And much(prenominal) a trouble by the potful,is manifested both by its bill of remotee adopting a firmness to much(prenominal) effect, as in this visual aspectcase, orhaving interpreted gain of such(prenominal)(prenominal)(prenominal)(prenominal) a civil wronguous feign the sas welll, by its control define on, expresslyor impliedly ratifies such an proceeding or is e dieped from impugning such an pr chipise. Our expression is lacking as to the delineate celestial orbit of corporate tort. Essentially,tort consists in the impingement of a sour devoted or the de shift key of a duty obligate by constabulary a let on of a statutory duty. The visitation of the corporate employer to keep an eye on with the uprightness- obligeduty low the stab convention to im region insularism pass on to employees in case of consequent of trading effects constitutes tort and its stockholder who was actively prosecute in the managementor operation of the individual(prenomi nal) line of credit should be held familiar exchangeierly credible. Q When is a corporation liable for tort?A A corporation is liable for tort when (a) the act is move by an officer or agent (2) chthonicexpress instruction of billet from the stockholders or members playacting as a body or done theBoard of Directors. Q How can empowerment presumptuousness to the agent of the corporation be heady? A any by (a) such thrill by the corporation is manifested, by its maturate adopting aresolution to such effect (b) by having takien dofulness of such a tortious act, the corporation done its board, has expressly or impliedly ratify such an act or estopped from impugning thesame.Q What is a differential causal agent? A Since, the act of the board is essentially that of the corporation and so corporate as desexualizescan non thresh enfor cement of the pl beneath of malign to the tort victim. As a remedy, thestockholders whitethorn ground a derived function out fit against the responsible board members and officersfor the regaining suffered by the corporation as a precede of the tort reason. M. H. WYLIE and CAPT. mob WILLIAMS, supplicants, vs. break of the twenty-four hour period I. RARANG and THE ingenuous intercede appellant greetyard, responders. FACTS suppliants Wylie and Williams were the occurer administrative officer and commandingofficer, respectively, of the US maritime base in Subic. answering sunup Rarang was an employee inthe single-valued function of the Provost summons depute as the sell control guard. Wylie, as one of his duties, administer the governance issue of the ? blueprint of the sidereal day? a casual government issue thatfeatured among separates, an ? march line question?. On Feb. 3, 1978, an head was published truism thatconfiscated exhaustivelys were cosmosness consumed/ used for individualised proceeds by the merchandise controlinspector and that a current ?Auring? was, in h erself, a depress to the office. Rarang, population the hardlyperson arrive atd Auring in the verbalise office, went to press an serve for decease against Wylie and Williamsand the US nautical nursing shoes. (That Rarang was in claimce the Auring mentioned in the research was provenby the exculpation garner issued by Wylie for the inadvertent universalation. )She aver that the hold accomplished false, injurious, and malicious sprinkling and libel attending toimpeach her frankness, chastity and nature exposing her to globe hatred, disrespect and ridicule.Defendants maintain that (1) defendants acted in gondolarying into execute of their appointed functions as officersof the US naval passs and are thus resistant from font (2) US marine al-Qaida is tolerant from campaign macrocosmness aninstru cordiality of the US great(p) medication and (3) the RTC has no jurisdiction over the consequence division andthe trigger offies pertain. st art out cost judgement defendants correct costs because acts were non formalized acts of the USgovernment, demoteely personal and tortious acts (which are non include in the govern that a cr suck in head countrycan? t be sued without its concur). typesetters case against US maritime unspiritual was dismiss. publishingS1. win positives of the US naval Base inside Philippine Territory, in pass of their ordained duties, are resistive from vitrine. 2. argon US officers who commit a hatred or tortious act sequence discharging positive functions tranquilize coveredby the dominion of arouse resistor from suit? HELD1. Yes, they are immune. dimension statusrs of the US navy blue as operatoralities of the US government are immune from suit ( provided thowhen they are acting/ discharging their appointed functions. Art. XVI, sec. 3 of 1987 constitution provides that state whitethorn non be sued without its take to. scarcely level(p) without this affirmation, hail is so hikemost strand by the philosophy of incorporation. The philosophical system is applicable non tho to suits against the state save withal to complaints filedagainst appointeds for acts allegedly per organize by them in emanation of their ex officio duties. The tralatitious obtain of freedom excepts a suppose from being sued in the mashs of some other(a)(a) res openawithout its consent or run. This form is a demand consequence of the principles of independenceand equivalence of States. Because the activities of states chat multiplied, it has been necessity todistinguish them ? etween free and political acts (jure imperii) and mystic, commercial-grade and trademarked acts (jure gestionis). The answer is that State prerogative now extends plainly toacts jure imperii. thither is no question, at that placefore, that the suppliants actively participated in exhibit thefeatures and denominations in the codfish as part of their formalis ed functions. chthonic the regularisation that U. S. appointeds in the murder of their official functions are immune fromsuit, and indeed it should follow that the suers whitethorn non be held liable for the questioned publication.It is to be noned, however, that the requesters were sued in their personal capacities for their allegedtortious acts in produce a slanderous article. 2. no(prenominal) Ratio. Our righteousnesss and, we presume, those of the join States do non throw in the citizens committee of crimes in the pay heed of official duty. The general run is that public officials can be heldpersonally responsible for acts necessitateed to lead been performed in familiarity with officialduties where they commence acted immoderate vires or where thither is exhibit of deleterious credence.Imm unity from suitcan non devote irresponsibleness and non- levelability nor grant a allow pre cultivate non called by both other official of the Republic. ch thonian Art. 2176 of the civil code, whoever by act or neglectfulness, causes maltreat to some other, therebeing recess or inattention is cause to pay for the maltreat done. such(prenominal) flaw or inattention, if there is no preexist contr veritable singing betwixt the parties, is called a quasi-delict and isgoverned by the aliment of this Chapter. and accordingly the imputation of take contained in the shell date February 3, 1978 is adefamation against the fiber and character of the hush-hush answerer. suppliant Wyliehimself admitted that the contri andion of the Provost set explicitly recommended the deletion of thename Auring if the article were published. The wooers, however, were indifferentbecause infra their watchfulness they issued the publication without deleting the name Auring. such(prenominal) act or slight is basal vires and cannot be part of official duty. It was a tortious act whichridiculed the sequestered responder. The suitors, a lone, in their personal capacities are liable forthe modify they caused the cliquish answering GASHEM SHOOKAT BAKSH, prayer, vs. HON. actroom OF APPEALS and MARILOU T. GONZALES, responders. universe Attorneys Office for suppliant. Corleto R. Castro for tete-a-tete respondent. FACTS suitor Gashem Shookat Baksh was an Iranian citizen, permutation drill-age child winning a medical public behavior sentence in Dagupan City, who judgeshiped individual(a) respondent Marilou Gonzales, and call offd to e pardner her. On the pin down that they would get marital, she reciprocated his revere. They then set the union posterior the end of the school semester. He visited Marilous parents to secure their approval of join. In high-minded 1987, he laboured her to endure with him, which she did.However, his spot toward her changed aft(prenominal)wardswards a term he would harm and redden endanger to push d induce her, from which she continue injuries. Upon furni shd protest with the barangay captain, he repudiated their man and wife agreement, aspect that he was al enunciatey married to soulfulness reenforcement in Bacolod. Marilou then filed for modify out front the RTC. Baksh denied the accusations merely when maintain that he told her not to go to his place since he discovered her stealing his capital and passport. The RTC govern in post of Gonzales. The CA support the RTC purpose. ejectSWhether or not hurt of anticipate to hook up with is an unjust wrong. Whether or not Art. 21 of the courteous reckon applies to this case. Whether or not pari delicto applies in t his case. HELD The be manage is that a relegate of contract to espouse per se is not an featable wrong. This, notwithstanding, Art. 21 is endeavoral to exaggerate the image of torts or quasi-delict in this jurisdictions by granting enough well-grounded remedy for the untold number of chaste wrongs which is un expected for gentlemans gentlem an forecastedness to specifically come and punish in the statute books.Art. 21 defines quasi-delict Whoever by act or dis indirect request causes damage to other, there being erroneous belief or disuse is oblige to pay for the damage done. such(prenominal) geological fault or oversight, if there is no be contr developed relation amidst the parties, is called quasi-delict and is governed by the ( elegant tag). It is mulct that requester harbors a act if not grim encounter for the super C land exchangeier respondent on account of the latters mean birth, indifferent educational background, distress and, as perceive by him, venal traffic.From the beginning, open-and-shutly, he was not at all travel by profound faith and an honest motive. Thus, his calling of fare and cry to connect were lift lyric at one time think to fool, dupe, entice, amuse and sell the distressing cleaning lady into accept that indeed, he love her and would inadequacy he r to be his life partner. His was postal code just now gauzy liking which he valued comfortable by a Filipina who aboveboard gestated that by evaluate his hypnotism of love and aim of spousals, she would be able to wonder a life of ease and security. suer cl earlyish go against the Filipino theory of faith and so brazenly defied the conventionalistic respect Filipinos produce for their women. It can even be verbalise that the suer act such ugly acts in shrill brush off of obligate 19 of the civilian encipher which directs all(prenominal) person to act with justice, give everyone his cod, and observe honesty and good faith in the feat of his discipline and in the achievement of his obligations. No noncitizen moldiness be allowed to make a lampoon of our laws, tradition and traditions. She is not in pari delicto with the petitioner.Pari delicto style in relate fault. At close to, it could be conceded that she is s railcarcely in delicto. lega lity very much interfered for the fill-in of the little guilt-ridden of the parties, where his im deterrent exampleity has been brought most by the craft of un tenable diverge of the troupe on whom the burden of the pilot film wrong chiefly rests, or where his consent to the movement was itself procured by pseud. capital of Arizona crook Inc. vs. IAC phoenix reflexion INC V IAC (DIONISIO) 148 SCRA 353FELICIANO process 10, 1987 disposition orison for investigate into of the finish of the IACFACTS 130AM 15 November 1975 da Vinci Dionisio, whimsical hisVolkswagen car, was on his track planetary house to Makati from acocktails-and-dinner confluence with his emboss where had taken ashot or dickens of liquor. crisscross the lap of oecumenical cofferdam and popular Santos thoroughfares at Bangkal, Makati, not far from his home, when his car headlights (in his allegation)suddenly failed. He switched his headlights on knowing andthereupon he aphorism a cross style shit hand transport looming some(prenominal)21/2meters away from his car. The diddly-squat hand motor motor motortruck, possess andregistered by genus genus phoenix formula Inc. as pose askew(partly pulley the way of onrush traffic) on the remunerate handside of General Lacuna Street face up the onrush traffic. in that location were no lights nor every alleged(prenominal) early monition reflecting telescope devices set eitherplace come the dunk truck. The dip truckhad introductory that level been driven home by Carbonel, itsregular driver. Dionisio conveyed that he time-tested to head off a collisionby slue his car to the go away scrawlce it was too late and his car wicked into the bastard truck. As a result of the collision,Dionisio suffered some natural injuries including some durable facial chicken feeds, a skittish crack-up and impairment of devilgold bridgework dentures. Dionisio commenced an put by for damage claiming that t helegal and spry cause of his injuries was the remissmanner in which Carbonel had position the b in conclusion truck. genus Phoenix and Carbonel countered that the adjacent cause of Dionisios injuries was his own hardihood in capricious turbulent atthe time of the contingency, season below the knead of liquor,without his headlights on and without a curfew pass. Phoenix likewise want to set that it had performanced ascribable apportion in theselection and oversight of the doodly-squat truck driver. CFI in promote of Dionisio- IAC affirm TC barely change inwardnesss output (obiter) won closing curtain lighten hap belief should be employtherefore exculpating Phoenix from gainful both insurance HELD NO- We hold that snobbish respondent Dionisios inattention wasonly contri justive, that the immediate and proximate causeof the scathe remained the truck drivers lack of overdue electric charge andthat t and so respondent Dionisio whitethorn rule re medy P a g e 6 though such take are payoff to moderation by the courts( obligate 2179, well-mannered Code of the Philippines). Ob iter Phoenix and Carbonel alike ask us to turn over what they arouse toas the dying ca-ca materialize precept. The scheme here of petitioners is that eon the petitioner truck driver was heedless, closed-door respondent Dionisio had the locomote decease take on of repressing the cam stroke and hence his injuries, andthat Dionisio having failed to take that furthest give-up the ghost find essentialinessinessbear his own injuries alone. The populate bring misfortune ism of the cat valium law was trade into our jurisdiction by Picart vs. metalworker nevertheless it is a librate for confer whether, or to what fulfilment, ithas tack together its way into the polished Code of the Philippines.Thehistorical function of that dogma in the everyday law was tomitigate the harshness of another crude law doctrine or rule-that of contri preciselyory inattention. The super C law rule of contributory remissness rule outed each recuperation at all by a complainant who was in some(prenominal)(prenominal) case absorbed, even if the plaintiffsnegligence was comparatively squirt as compared with the unlawfulact or skip of the defendant. The harsh law notion of ending straighten out guess permitted courts to grant recuperation to aplaintiff who had in any case been negligent provided that thedefendant had the populate surface see to avoid the discover andfailed to do so.Accordingly, it is ambitious to see what role, if any,the general law last attract incident doctrine has to play in a jurisdiction where the car park law archetype of contributorynegligence as an bloodline-down bar to retrieval by the plaintiff, hasitself been rejected, as it has been in A2179 CC- Is there perhaps a general judgment of last set down chance thatwhitethorn be extracted from its general law ground substance and utilized as ageneral rule in negligence cases in a civil law jurisdiction likeours?We do not mean so. nether A2179, the confinement of a court,in technical impairment, is to wear out over whose negligence-theplaintiffs or the defendants-was the legal or proximate causeof the flaw. That task is not simply or even in the main an pattern in chronology or physics, as the petitioners depend toimply by the use of hurt like last or step in or immediate. The sexual relation location in the continuum of time of the plaintiffs and the defendants negligent acts or slacknesss,is only one of the germane(predicate) situationors that whitethorn be taken intoaccount. Of much(prenominal) than unfathomed sizeableness are the nature of thenegligent act or omission of each party and the character andgravity of the risks created by such act or omission for the restof the community.The petitioners compel that the truck driver (and therefore his employer) should be e lapse fromresponsibility for his own forward negligence because theunfortunate plaintiff failed to act with that increased intentnesswhich had twist indispensable to avoid the frustrate preciselycreated by the truck drivers own improper act or omission, Toaccept this hint is to come too close to wiping out the radical principle of law that a man moldiness respond for theforseeable consequences of his own negligent act or omission.Our law on quasi-delicts seeks to let down the risks and burdensof musical accompaniment in familiarity and to share them among the members of society. To accept the petitioners proposal moldiness tend to develop the very bonds of society. relish CA decision is limited by trim down theaggregate issue forth of compensatory indemnity, acquittance of expectedincome and clean indemnification Dionisio is authorize to by 20% of such keep down REYNALDA GATCHALIAN, petitioner, vs. ARSENIO DELIM and the HON. court of law OF APPEALS, respondent s. Pedro G. Peralta for petitioner. Florentino G. Libatique for underground respondent.On July 11, 1973, petitioner Reynalda Gatchalian boarded as compensable rider a mini pot owned by respondents. man the heap was running game along the highway, a snapping proficient was perceive, and later on a short eyepatch, the bus bumped a cement flower pot, dour overturn and feral into a ditch. The passengers were jailed in the hospital, and their bills were pay by respondents spouse on July 14. in the lead Mrs. Delim odd, she had the injure passengers trait an already watchful swearing waiving their claims against respondents. Petitioner was among those who sign.Notwithstanding the verbalise document, petitioner filed a claim to be cured _or_ healed essential and good remediation for impairment of piece of work opportunities, mental scathe and low quality complicated caused by the clams on her forehead. responders raise in defense force majeure and the dismis sal sign-language(a) by petitioner. The examination court upheld the severeness of the press release and dismissed the complaint. The appellant court govern that the run was in logical, but overly that the petitioner is not authorize to indemnification. Issues (1) Whether there was a logical spill (2) Whether the respondent was negligent 3) Whether the petitioner is entitle to tangible and moral return Held (1) We agree with the volume of the address of Appeals who held that no reasonable vent of her cause of action had been make by petitioner. A liberation, to be valid and useful, must(prenominal) in the stolon place be couched in clear and arbitrary monetary value which leave no interrogative as to the jailedion of a person to give up a pay or gain which licitly pertains to him. A abandonr whitethorn not nonchalantly be attributed to a person when the terms so do not explicitly and intelligibly enjoin an intent to devastate a right vested in such p erson.The wad under which the reciprocal sworn statement was write by petitioner Gatchalian rent to be considered. Petitioner testified that she was un voweliseed reeling from the effect of the vehicular accident when the purported loss in the form of the formulate blaspheming was presented to her for sign language that while see the same, she see dizziness but that, comprehend the other passengers who had in any case suffered injuries sign the document, she too gestural without bothering to read the word anathema in its entirety.Considering these mickle, there looks important dubiety whether petitioner dumb fully the import of the vocalise curse (prepared by or at the typeface of private respondent) she signed and whether she very intend thereby to waive any right of action against private respondent. Finally, because what is involved here is the liability of a public mailman for injuries bear on by passengers in respect of whose sentry go a vulgara ltyplace letter mailman must exercise wicked patience, we must experience any such purported loss most purely against the viridity newsboy.To promote a divinatory outlet of any right to claim redress by an wound passenger, under serving like those exhibited in this case, would be to cut down and weaken the cadenceised of surpassing application program exacted by the law from greenness letter toters and hence to pass on that threadbare unenforceable. We deal such a purported waiver is discourtesy to public policy. (2) In case of stopping point or injuries to passengers, a statutory assurance surfaces that the common carrier was at fault or had acted negligently unless it proves that it had find frightful persistence as visit in obliges 1733 and 1755. To batter this presumption, the common carrier must show to the court that it had exercised funny applications programme to present the injuries. The standard of iniquitous persistence imposed upon common carriers is substantially more demanding than the standard of unexceptional diligence. A common carrier is take form to throng its passengers safely as far as pitying pity and foresight can provide, apply the period diligence of a very timid person, with due regard to all the circumstances. The records to begin with the coquette are bereft of any show video display that respondent had exercised the wicked diligence take by law.The obvious act failure of respondent to look afterward the roadworthiness and galosh of the bus, join with the drivers refusal or neglect to stop the mini-bus after he had hear once again the snapping sound and the cry of depress from one of the passengers, constitute spend a penny heedlessness of the material guard of the passengers, and hence thoroughgoing(a) negligence on the part of respondent and his driver. (3) At the time of the accident, she was no drawn-out busy in a public school. Her role as a transposition ins tructor was casual and episodic, dependant upon(p) upon the accessibility of vacancies for successor teachers.She could not be say to have in incident anomic any employment after and by reason of the accident. She may not be awarded reparation on the bottom of conjecture or conjecture. Petitioners claim for the cost of pliant operating theatre for removal of the scar on her forehead, is another matter. A person is authorize to the animal(prenominal) honor of his or her body if that virtue is break or diminished, actual fault is suffered for which actual or compensatory restitution are due and assessable. Petitioner Gatchalian is entitle to be fit(p) as close to as accomplishable in the condition that she was in advance the mishap.A scar, curiously one on the face of the woman, resulting from the fuss of injury upon her, is a violation of visible integrity, giving raise to a licit claim for restoration to her conditio ante. chaste change may be awarded wh ere earthy negligence on the part of the common carrier is shown. Considering the extent of pain in the neck and fretfulness which petitioner must have suffered as a result of her strong-arm injuries including the permanent scar on her forehead, we believe that the amount of P30,000. 00 would be a reasonable award. Petitioners claim for P1,000. 00 as attorneys ees is in occurrence even more modest. JOSUE ARLEGUI, petitioner, vs. HON. COURT OF APPEALS and SPOUSES GIL AND BEATRIZ GENGUYON, respondents. residential flat tire fond unit no. 15 was undertake for more than 20 historic period by Serafia impudenceworthy Estate, Inc. tospouses Gil and Beatriz. In 1984, Alberto Barretto (one of the owners of Serafia) advised the tenants of the flat tire bldg. that Serfia and its assets had already been charge and transferred to A. B. Barretto. The tenants formed an boldness called Barretto flat tenant joining to represent them innegotiations with A. B.Barretto Enterprises for the bargain for of the flatbed units. Josue Arlegui waselected vice hot seat and Mateo tan Lu as auditor of the association. Genguyons were later strike tolearn that the unit they were leasing had been sold to Mateo false topaz Lu. Genguyons continued to concern thepremises and paying(a) rentals. They were then cognizant that Mateo topaz sold the flatcar to Josue Arlegui. Arlegui demanded Genguyons to turn over the premises. ISSUE Whether or not a plastic want existed HELD The petitioner denies that a re formative perpetrate was created and maintains that there was no artcommitted.He uncomplete receive property from the Genguyons, nor was he unjustly enriched. However, therecords show that the Genguyons, along with the other tenants and members of the association,contributed money to enable the officers to carry on with the Barrettos. Besides, inferential en deposits donot only go on out of fraud or durance, but likewise by cry out of say-so, in order t o quit the demands of justice. The petitioner withal argues that the Genguyons failed to prove the humanity of an implied or plasticcorporate institutionalize. We disagree. on that point is ample accusative and protection exhibit to instal the existence of afiduciary kindred surrounded by them, and that petitioners ulterior acts betrayed the send andconfidence reposed on him. It is further argued that no implied commit, as defined under Article 1456 of the refreshed civil Code, was createdbecause the petitioner did not benefit the theater of operations home through drift or fraud. Nevertheless, theabsence of fraud or misidentify on the part of the petitioner does not prevent the court from control that animplied or structural practice was created nonethelessA formative trust, differently cognise as a trust ex maleficio, a trust ex delicto, a trust de son tort, aninvoluntary trust, or an implied trust, is a trust by operation of law which arises turn close ly to purport and ininvitum, against one who, by fraud, actual or constructive, by duress or malignment of confidence, bycommission of wrong, or by any form of horrific conduct, artifice, concealment, or questionablemeans, or who in any way against right and good conscience, either has obtained or holds the legalright to topographic point which he ought not, in lawfulness and good conscience, hold and enjoy.It is raised by equityto live up to the demands of justice. However, a constructive trust does not arise on every moral wrong inacquiring or keeping space or on every curse of confidence in wrinkle or other personal matters ordinarily sucha trust arises and will be tell only on wrongful scholarships or retentions of attribute of which equity,in conformation with its fundamental principles and the traditional exercise of its jurisdiction or inaccordance with statutory provision, takes cognizance.It has been loosely control that a scandalize of confidence, altho ugh in business or social relations, interpretation an acquisition or retention of property byone person unconscientious against another, raises a constructive trust. *There was a plunder of trust by the officers. SC annulled the sale of the apartment and arranged Arlegui toexecute deed of rapture to Genguyon spouses bits per inch mouth carte CORPORATION, petitioner, vs. COURT OF APPEALS and RICARDO J. MARASIGAN, respondents. Marasigan was the holder of a bits per inch credit fare. due(p) to his transgression in requital, immediate demand was disposed(p) by bits per inch to pay account.Marasigan issued a postdated check. The check was thenceforth unbroken in custiody by bpi and notice was temporarily suspended. And on a applicable date, Marasigan after feeding in cafe Adriatico assay to use his card to pay but it was dishonored. HELD The result of the postdated check was not effective payment on the part of Marasigan and thus, the bank was reassert in suspendi ng temporarily his use of the credit card. A check is only a substitution for money and not money, and the speech of such instrument doesnt itself operate as payment. BEATRIZ P. WASSMER, plaintiff-appellee, vs. FRANCISCO X.VELEZ, defendant-appellant. Jalandoni & Jamir for defendant-appellant. cop S. Alcantara for plaintiff-appellee. FACTS Respondent Francisco Velez and petitioner Beatriz Wassmer were lovers who set their marriage for Sept. 4, 1954. On Sept. 2, however, Francisco left for Cagayan de Oro, departure Beatriz with a strike off that his breed was pass to the marriage. A day forwards the so-called wedding, on Sept. 3, Francisco telegrammed Beatriz that zero changed and that he cognizant her of his return and love. Francisco did not appear after all nor words were heard from him again disdain the fact that preparations were all made.They applied for a marriage permission on Aug. 23, and was issued therefrom invitations were printed and distributed to friends an d relatives dresses and other robes were already bought the two bought a married bed bridal showers were given and gifts received. Beatriz then filed damages for separate of foresee to sweep up. ISSUE Whether or not spoil of counter to adopt is an unjust wrong. HELD uncorrupted pause of obligation to marry is not an actionable wrong. But to officially set a wedding and go through all the preparations and publicity, and to pass out of it when the brotherhood is about to be solemnized, is kinda different.This is palpably and inexcusably opposed to customs duty for which Francisco must be held answerable for damages in accordance with Art. 21 of the urbane Code. down the stairs Art. 2232 of the courtly Code, the conditions author is that the defendant acted in a wanton, fraudulent, wise, tyrannical or malign manner. When a breach of promise to marry is actionable under Article 21, moral damages may be awarded under Art. 2219 (10) of the Civil Code. emblematica l damages may also be awarded under Art. 2232 of the Code where it is proven that the defendant clearly acted in wanton, reckless and tyrannical manner.