Torts Cases and Digest

Powerful Essays
SERGIO F. NAGUIAT, doing business under the name and style SERGIO F. NAGUIAT ENT., INC., & CLARK FIELD TAXI, INC., petitioners,
NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION), NATIONAL ORGANIZATION OF WORKINGMEN and its members, LEONARDO T. GALANG, et al., respondents.

FACTS: Naguiat is the president and a stockholder of Clark Field Taxi, Inc. (CFT). Due to the phase-out of the US bases in the country, Clark Air Base was closed and the taxi drivers of CFTI were separated from service. The drivers filed a complaint for the payment of sep. pay due to the termination/phase-out. NLRC held Naguiat and the company solidarily liable for the payment of sep. pay.

ISSUE: WON Naguait should be held solidarily liable with CFTI. YES.
HELD: Under the Corporation Code, Naguait is liable bec: (1) he actively managed the business; (2) there was evidence that CFTI obtained reasonably adequate insurance; and (3) there was a corporate tort in this case.
Our jurisprudence is wanting to the definite scope of “corporate tort.” Essentially, “tort” consists in the violation of a right given or the omission of a duty imposed by law. Simply stated, it is a breach of legal duty.

PHILIPPINE NATIONAL BANK, petitioner, vs.
THE COURT OF APPEALS, RITA GUECO TAPNIO, CECILIO GUECO and THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY, INC., respondents.
Medina, Locsin, Coruña, & Sumbillo for petitioner.
Manuel Lim & Associates for private respondents.

Facts:
Rita Gueco Tapnio had an export sugar quota of 1,000 piculs for the agricultural year 1956-1957. Since, she did not need it, she agreed to allow Mr. Jacobo Tuazon to use the said quotafor consideration of 2,500. Her sugar cannot be exported without sugar quota allotments.Sometimes, however a planter harvests less sugar than her quota so her excess quota is usedby her mother who pays for it. This is her arrangement with Mr. Tuazon. At the time of theagreement, she was indebted to PNB of San Fernando, Pampanga.

You May Also Find These Documents Helpful

  • Good Essays

    torts case digest

    • 2493 Words
    • 8 Pages

    diligence as testified to by its passengers. Inland and Philtranco filed cross-claims against each other. Both respondents moved to submit the case for decision without presenting further evidence. Considering that the documents are admitted, there is no necessity of any formal written offer of evidence and, therefore, after all the foregoing, the case shall be deemed submitted for decision upon simultaneous memoranda of the parties and upon submission of complete transcripts. Thereafter, the…

    • 2493 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Case Digests

    • 1853 Words
    • 8 Pages

    CASE DIGESTS: 1. ALCANTARA vs. ALCANTARA FACTS: On Dec. 8, 1982, petitioner Restituto Alcantara and respondent Rosita Alcantara, without securing the required marriage license, went to Manila City Hall for the purpose of marriage. They met a “fixer” and arranged everything for them. A Rev. Aquilino Navarro, a Minister of Gospel of the CDCC Chapel solemnized their wedding. The petitioner and respondent went through another marriage ceremony on March 16, 1983. The marriage was likewise celebrated…

    • 1853 Words
    • 8 Pages
    Good Essays
  • Good Essays

    case digest

    • 6534 Words
    • 27 Pages

    Calvo v. UCPB General Insurance Case Digest Calvo v. UCPB General Insurance G.R. No. 148496 March 19, 2002 Facts: Petitioner Virgines Calvo, owner of Transorient Container Terminal Services, Inc. (TCTSI), and a custom broker, entered into a contract with San Miguel Corporation (SMC) for the transfer of 114 reels of semi-chemical fluting paper and 124 reels of kraft liner board from the port area to the Tabacalera Compound, Ermita, Manila. The cargo was insured by respondent UCPB General Insurance…

    • 6534 Words
    • 27 Pages
    Good Essays
  • Satisfactory Essays

    Case Digest

    • 308 Words
    • 2 Pages

    payable, had never received it, and that his signature, as an endorser, was forged by Maasim, * Eastern promptly made a demand upon the HSBC to credit the amount of the forged check * Eastern filed against HSBC and PNB * RTC: dismissed the case Issue: Whether the Hongkong & Shanghai Banking Corporation (HSBC) and Philippine National Bank (PNB), defendants should be charged for the payment made to E.M Maasim for the P2000 which was paid on the forged check. Held: The Supreme Court held…

    • 308 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Case Digest

    • 2264 Words
    • 10 Pages

    Constitutional Law Case Digest People vs. Perfecto Facts: Perfecto was convicted by the municipal trial court as editor of La Nacion for publishing libelous statement pursuant to Article 256 of Spanish Penal Code. Issue: whether article 256 of the Spanish Penal Code, punishing "Any person who, by . . . writing, shall defame, abuse, or insult any Minister of the Crown or other person in authority . . .," is still in force. Ruling: 1. Effect of the Philippine Libel Law, Act No. 277, on article…

    • 2264 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Case Digest

    • 1420 Words
    • 6 Pages

    CASE DIGEST CASE #1: Kuroda v. Jalandoni 83 Phil 171 • FACTS: - Shigenori Kuroda, former Lieutenant-General of the Japanese Imperial Forces of the Philippines, was charged before a Military Commission in violation of the laws and customs of war. The Petitioner seeks to establish the illegality of Executive Order No. 68 of the President of the Philippines; to enjoin and prohibit two US prosecutors from participating in the prosecution of the petitioner’s case; and to permanently…

    • 1420 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Case Digests

    • 6972 Words
    • 28 Pages

    ASUNZA, Charles Darvin S. 4LM RESTATE THE FOLLOWING: 1. ARTICLE 279 No less than the Constitution recognizes and guarantees the labor’s right to security of tenure. Under the Labor Code of the Philippines, as amended, specifically, Article 279 of the said Code, the security of tenure has been construed to mean as that “the employer shall not terminate the services of an employee except for a just cause or when authorized” by the Code. The two facets of this legal provision are: (a) the…

    • 6972 Words
    • 28 Pages
    Powerful Essays
  • Good Essays

    case digest

    • 556 Words
    • 2 Pages

    manila is conjugal property of the parties and that the petitioner ordered to render an accounting of that business and that the private respondent be declared with a rights to manage the conjugal property. Petitioner moved to dismiss the case on the ground that the case of the action is barred of the judgment in the divorce proceeding in the Nevada court where the respondent had acknowledged that he and petitioner had no “common property” as June 11, 1982. Issue: Whether there is an effect of the…

    • 556 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Case Digest

    • 592 Words
    • 3 Pages

    2007 Facts: On February 3, 2006 petitioner, the duly elected Mayor of San Francisco, Agusan Del Sur, filed a Motion for Reconsideration of the invalidation of the approval of the temporary appointment of Daligdig with the CSC-CARAGA, where the case contains the following relevant portions: a) On July 5, 2005 Mayor Lademora appointed, Gil A. Daligdig as Municipal Government Department Head I, under temporary status, of the Municipality of San Francisco, Agusan Del Sur. On the following…

    • 592 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Digest Cases

    • 688 Words
    • 3 Pages

    Palmas Case (US v. Netherlands) Permanent Court of Arbitration (1928) 2 U.N. Rep. Int’l Arbitral Awards 829 Facts The Island of Palmas is about halfway between the Philippines (formerly under Spanish control) and the Nanusa Island group (formerly of the Dutch East Indies class). In the Treaty of Paris (1898), the island lied within the boundaries of the Philippines ceded by Spain to the US. Arguments US: As the successor of Spain, who was the first to discover the island, the US has…

    • 688 Words
    • 3 Pages
    Satisfactory Essays