Monday, December 24, 2012
Decision of Judge
Monday, July 2, 2012
Negligence; Res Ipsa Loquitor
Saturday, March 10, 2012
Negligence In Maintenance of Property
As petitioner itself points out, it owns the equipment relevant to the handling and storage of gasoline, including the gasoline pumps and the underground tank. It is also responsible for the delivery of the petroleum to the dealer. The incident occurred at the time the petroleum was being unloaded to the underground tank petitioner owned. Aside from failing to show the actual cause of the fire, it also failed to rebut the presumption that it was negligent in the maintenance of its properties and in the conduct of its business.
To reiterate, it was not able to prove the proximate cause of the fire, only the involvement of the tank truck and the underground storage tank. Notably, both pieces of equipment were under its responsibility. Absent any positive determination of the cause of the fire, a presumption exists that there was something wrong with the truck or the underground storage tank, or both (Petron Corporation Vs. Sps. Cesar Jovero and Erma F. Cudilla, et al., G.R. No. 151038. January 18, 2012).
Saturday, February 25, 2012
Silence in Administrative Case
Ancheta and Hufana’s refusal to face head-on the charges against them is contrary to the principle that the first impulse of an innocent person, when accused of wrongdoing, is to express his/her innocence at the first opportune time. Ancheta and Hufana’s silence and non-participation in the present administrative proceedings, despite due notice and directives of this Court for them to submit documents in their defense, i.e., a written explanation, an accounting, and missing receipts, strongly indicate their guilt (Re: Report on financial audit conducted at MCTC, Santiago-San Esteban, Ilocos Sur, A.M. No. P-11-2950. January 17, 2011).
Monday, February 6, 2012
Delay in Payment of Insurance Claim
Under Section 244, a prima facie evidence of unreasonable delay in payment of the claim is created by the failure of the insurer to pay the claim within the time fixed in Section 243 (New World International Development (Phils.), Inc. Vs. Nyk-FilJapan Shipping Corp., et al./New World International Development(Phils.), Inc. Vs. Seaboard-Eastern Insurance Co., Inc.,
G.R. No. 171468/G.R. No. 174241. August 24, 2011).