This case has been cited 2 times or more.
|
2015-01-21 |
PERLAS-BERNABE, J. |
||||
| Jurisprudence defines negligence as the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do.[27] It is the failure to observe for the protection of the interest of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.[28] | |||||
|
2014-03-26 |
DEL CASTILLO, J. |
||||
| Finally, petitioners' argument and prayer for an award of damages and attorney's fees may not be allowed, since they did not question the NLRC's denial thereof in its December 8, 2008 Decision. Only respondents went up to the CA on certiorari. "It is well-settled that a party who does not appeal from the decision may not obtain any affirmative relief from the appellate court other than what he has obtained from the lower court whose decision is brought up on appeal. The exceptions to this rule, such as where there are (1) errors affecting the lower court's jurisdiction over the subject matter, (2) plain errors not specified, and (3) clerical errors, do not apply in this case."[43] "[A] party who did not appeal cannot assign such errors as are designed to have the judgment modified. All that he can do is to make a counter-assignment of errors or to argue on issues raised below only for the purpose of sustaining the judgment in his favor."[44] | |||||