This case has been cited 2 times or more.
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2015-06-16 |
DEL CASTILLO, J. |
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| It bears stressing that petitioner DPI has the burden to show, by substantial evidence, that it is entitled to the money claim. Corollarily, it has to prove the actual delivery of the subject textbooks by presenting substantial evidence or "evidence [that] a reasonable mind might accept as adequate to support [such] conclusion."[42] However, petitioner DPFs documentary evidence could hardly be considered substantial evidence as these contain so many inconsistencies, discrepancies, and inaccuracies, which would cause a reasonable person to doubt the veracity and authenticity of the money claim. | |||||
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2015-04-22 |
PERALTA, J. |
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| But as for the public respondents, the contempt charge against them partakes of a civil character and may not prosper absent any clear accusation and showing of bad faith, malice or gross negligence. A contempt proceeding is held to be civil in nature when it is for the enforcement of some duty and when it is availed of as a remedy to preserve and enforce the rights of a private party to an action and to compel obedience to a judgment or decree intended to benefit such a party litigant.[49] The public respondents herein being public officers, they are presumed to have acted in the regular performance of their duty; therefore, they cannot be held civilly liable, unless contrary evidence is presented to overcome such presumption of regularity. Such contrary evidence include a clear showing of bad faith, malice or gross negligence.[50] In the case at bar, there was no allegation from the petitioner that public respondents acted with bad faith, malice or gross negligence; neither did he show nor present evidence of the same. Hence, the public respondents are absolved of any liability. | |||||