This case has been cited 3 times or more.
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2009-10-09 |
ABAD, J. |
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| Gross negligence, on the other hand, is the want of even slight care, acting or omitting to act in a situation where there is duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences insofar as other persons may be affected.[18] It evinces a thoughtless disregard of consequences without exerting any effort to avoid them;[19] the want or absence of or failure to exercise slight care or diligence, or the entire absence of care.[20] | |||||
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2008-03-28 |
TINGA, J, |
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| Manifest partiality has been characterized as "a clear, notorious or plain inclination or predilection to favor one side rather than the other."[20] Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause damage.[21] Gross inexcusable negligence has been defined as negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally with a conscious indifference to consequences in so far as other persons may be affected.[22] It is the omission of that care which even inattentive and thoughtless men never fail to take on their own property.[23] In cases involving public officials, there is gross negligence when a breach of duty is flagrant and palpable.[24] | |||||