Search
Home
Saved
0
98 views
Upload
Sign In
Join
RELATED TITLES
0
Mendoza vs. Soriano, G.R. No. 164012, June 08, 2007
Uploaded by Jack Jamero Jr
Top Charts
Books
Audiobooks
Magazines
Mendoza vs. Soriano, et al., G.R. No. 164012, June 08, 2007 Case digest
Save
Embed
Share
Print
Download
News
Documents
Sheet Music
1
of 2
SUCCESSION CHAMP Notes
Donald Feeley v. United States,
Torts-case-no-2
Search document
Mendoza vs. Soriano, et al., G.R. No. 164012, June 08, 2007
FA!S"
At around 1:00 a.m., July 14, 1997, Sonny Soriano, while crossing Commonwealth Avenue near u!on A
"ue!on City, was hit #y a s$eeding %amaraw %amaraw &' driven #y omer (acasasa. Soriano was thrown )ve me
while the vehicle only sto$$ed sto$$ed some *+ meters meters rom the $oint o im$act. im$act. -erard -erard illas$in, illas$in, one o com$anions, ased (acasasa to #ring Soriano to the hos$ital, #ut aer checing out the scene o the (acasasa returned to to the &', only to 2ee. A school #us #rought Soriano to 3ast Avenue Avenue (edical Cent
later later died. Su#seuen Su#seuently tly,, the "ue!on "ue!on City 5rosecutor 5rosecutor recommende recommended d the )ling o a criminal criminal case o im$rudence resul6ng to homicide against (acasasa.
n August *0, 1997, res$ondents (utya Soriano and Julie Ann Soriano, Soriano/s Soriano/s wie and daughter, daughter, res
)led a com$laint or damages against (acasasa and $e66oner &lordeli!a (endo!a, the registered own vehicle. 8es$ondents $rayed that (acasasa and $e66oner #e ordered to $ay them: 5*00,000 moral damages
or lost income 5**,*+0 or uneral services 54+,000 or #urial lot 51+,1+0 or interment and la$ida 5
hos$itali!a6on, other medical and trans$orta6on trans$orta6on e<$enses 5*,+40 or ood and drins during the wae
e
Aer trial, the trial court dismissed the com$laint against $e66oner. >t ound Soriano negligent or Comm Common onwe weal alth th Aven Avenue ue #y usin using g a smal smalll ga$ in the the isla island nd//s enci encing ng rathe atherr than than the the
over$ass. 8es$ondents a$$ealed. %he Court o A$$eals reversed reversed the trial court #ut reduced $ayment #
?*0@ $er cent due to the $resence o contri#utory negligence #y the vic6m as $rovided or in Ar6cle *1 Civil Code.
Bhile the a$$ellate court agreed that Soriano was negligent, it also ound (acasasa negligent or s$eed
Master withtheScribd thatyour he was semester una#le una#le to avoid avoid hing vic6m. vic6m. >t o#served o#served that Soriano/ Soriano/ss own negligence negligencedid not Read Free Foron 30this Days Sign up to vote title recovery o damages rom (acasasa/s (acasasa/s negligence. negligence. >t urther held that since $e66oner ailed to $resent & The New York Times Useful Not useful
Cancel anytime. to the contrary, and conorma#ly with Ar6cle *10DE o the Civil Code, the $resum$6on o negligen Special offer for students: Only $4.99/month. em$loyer in the selec6on and su$ervision o em$loyees stood.
Home
Saved
Top Charts
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month.
Upload
Sign In
Read Free For 30 Days Cancel anytime.
Join
Search
Home
Saved
0
98 views
Sign In
Upload
Join
RELATED TITLES
0
Mendoza vs. Soriano, G.R. No. 164012, June 08, 2007
Uploaded by Jack Jamero Jr
Top Charts
Books
Audiobooks
Magazines
Mendoza vs. Soriano, et al., G.R. No. 164012, June 08, 2007 Case digest
Save
Embed
Share
Print
Download
News
Documents
Sheet Music
1
of 2
SUCCESSION CHAMP Notes
Donald Feeley v. United States,
Torts-case-no-2
Search document
a=orney/s ees $lus 5+00 $er court a$$earance. ut relatedly, Administra6ve Circular Go. 09K94D1*E states:
< < < < Fowever, in cases where the claim or damages is the main cause o ac6on, or one o the causes o ac6on, the amou claim shall #e considered in determining the Hurisdic6on o the court
Ac6ons or damages #ased on uasiKdelicts, as in this case, are $rimarily and eLec6vely ac6on
recovery o a sum o money or the damages or tor6ous acts. %hese money claims are the $rinci$al relie
#y res$ondents in their com$laint or damages. Conseuently then, we hold that the 8egional %ria Caloocan City $ossessed and $ro$erly e
%he records show that (acasasa violated two traIc rules under the and %rans$orta6on and %ra
&irst, he ailed to maintain a sae s$eed to avoid endangering lives.E oth the trial and the a$$ellate co
(acasasa overs$eeding. Mnder Ar6cle *1+D*1E o the Civil Code, a $erson driving a motor vehicle is $ negligent i at the 6me o the misha$, he was viola6ng traIc regula6ons.
Bhile res$ondents could recover damages rom (acasasa in a criminal case and $e66oner coul
su#sidiarily lia#le, s6ll $e66oner, as owner and em$loyer, is directly and se$arately civilly lia#le or her
e
Mnder Ar6cle *10 o the Civil Code, em$loyers are lia#le or the damages caused #y their em$loy
within the sco$e o their assigned tass. %he lia#ility arises due to the $resumed negligence o the em
su$ervising their em$loyees unless they $rove that they o#served all the diligence o a good ather o a $revent the damage.
You're Reading a Preview >n this case, we hold $e66oner $rimarily and solidarily lia#le or the damages caused #y (
8es$ondents could recover directly rom $e66oner ailed to $rove that she e
astly, we agree that the Court o A$$eals did With not err in Trial ruling that Soriano was guilty o con Download Free
negligence or not using the $edestrian over$ass while crossing Commonwealth Avenue. Be even not
res$ondents now admit this $oint, and concede that the a$$ellate court had $ro$erly reduced #y *0@ th
o damages it awarded. Fence, we aIrm the reduc6onE o the amount earlier awarded, #ased on Ar6c the Civil Code which reads:
Master your with Scribd Bhen thesemester $lain6LNs own negligence was the immediate and $ro
Cancel anytime.
Home
Saved
Top Charts
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month.
Upload
Sign In
Read Free For 30 Days Cancel anytime.
Join