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MERCURY DRUG CORPORATION v. SPS. RICHARD HUANG

This case has been cited 3 times or more.

2009-09-25
NACHURA, J.
KCSI failed to prove that it exercised the necessary diligence incumbent upon it to rebut the legal presumption of its negligence in supervising Sevillejo.[44] Consequently, it is responsible for the damages caused by the negligent act of its employee, and its liability is primary and solidary. All that is needed is proof that the employee has, by his negligence, caused damage to another in order to make the employer responsible for the tortuous act of the former.[45] From the foregoing disquisition, there is ample proof of the employee's negligence.
2009-04-07
CHICO-NAZARIO, J.
Finally, the RTC awarded attorneys fees to petitioners. Petitioners are entitled to attorney's fees. Under Article 2008 of the Civil Code, attorney's fees may be granted when a party is compelled to litigate or incur expenses to protect his interest by reason of an unjustified act of the other party.[76] In Metro Manila Transit Corporation v. Court of Appeals,[77] the Court held that an award of P50,000.00 as attorney's fees was reasonable. Hence, petitioners are entitled to attorney's fees in that amount.[78]
2008-12-10
AUSTRIA-MARTINEZ, J.
The award of attorney's fees depends on the circumstances of each case and lies within the discretion of the court.[52] They may be awarded when a party is compelled to litigate or to incur expenses to protect its interest by reason of an unjustified act by the other party.[53]