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Under the law, a person who by his omission causes damage to another, there being negligence, is obliged to pay for the damage done (Article 2176, New Civil Code). As to what would constitute a negligent act in a given situation, the case of Picart v. Smith (37 Phil. 809, 813) provides Us the answer, to wit:
8 Μαΐ 1992 · The Supreme Court ruled that Davao City was not negligent and not liable for damages in a case where 5 men died inside a septic tank while emptying it. The court found that septic tanks are not inherently dangerous structures that require warning signs.
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SYLLABUS. 1. CIVIL LAW; DAMAGES; NEGLIGENCE; TEST TO DETERMINE EXISTENCE OF NEGLIGENCE. — Negligence has been defined as the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury (Corliss v.
FERNANDO v. CA, GR No. 92087, 1992-05-08. Facts: From the evidence presented we see the following facts: On November 7, 1975, Bibiano Morta, market master of the Agdao Public Market filed a requisition request with the Chief of Property of the City Treasurer's Office for the re-emptying of the septic tank in. Agdao.
Lessons Applicable: Experts and Professionals (Torts and Damages) FACTS: November 7, 1975: Bibiano Morta, market master of the Agdao Public Market filed a requisition request with the Chief of Property of the City Treasurer's Office for the re-emptying of the septic tank in Agdao wherein Bascon won.
Preview text. Fernando vs. Court of Appeals, 208 SCRA 714, G. No. 92087 May 8, 1992 To be entitled to damages for an injury resulting from the negligence of another, a claimant must establish the relation between the omission and the damage. Facts: 1.
