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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:
The test is simple. Distinction must be made between the accident and the injury, between the event itself, without which there could have been no accident, and those acts of the victim not entering into it, independent of it, but contributing to his own proper hurt.
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.
Olympiacos v. HFF & PAOK & Xanthi FC CAS 2020/A/7035 PAOK v. HFF, award of 14 August 2020 (operative part of 10 July 2020) 2 I. PARTIES 1. Olympiacos Football Club (“Olympiacos”) is a professional football club with its registered office in Piraeus, Greece. Olympiacos is affiliated to the Hellenic Football Federation. 2.
8 Μαΐ 1992 · Digest - Fernando, Et. Al. vs Court of Appeals, GR No. 92087, May 8, 1992 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. 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.
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.
