This case has been cited 4 times or more.
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2007-06-22 |
PUNO, C.J. |
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| To be relieved of liability, petitioner Mercury Drug should show that it exercised the diligence of a good father of a family, both in the selection of the employee and in the supervision of the performance of his duties. Thus, in the selection of its prospective employees, the employer is required to examine them as to their qualifications, experience, and service records.[12] With respect to the supervision of its employees, the employer should formulate standard operating procedures, monitor their implementation, and impose disciplinary measures for their breach. To establish compliance with these requirements, employers must submit concrete proof, including documentary evidence.[13] | |||||
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2004-06-16 |
QUISUMBING, J. |
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| In fine, when the employee causes damage due to his own negligence while performing his own duties, there arises the juris tantum presumption that the employer is negligent, rebuttable only by proof of observance of the diligence of a good father of a family.[16] Thus, in the selection of prospective employees, employers are required to examine them as to their qualifications, experience and service records. With respect to the supervision of employees, employers must formulate standard operating procedures, monitor their implementation and impose disciplinary measures for breaches thereof. These facts must be shown by concrete proof, including documentary evidence.[17] | |||||
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2003-07-31 |
AUSTRIA-MARTINEZ, J. |
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| Following Art. 2206 of the Civil Code and recent jurisprudence, the heirs of the victim in this case are automatically entitled to P50,000.00 as indemnity for the death of Henry Tugade.[42] | |||||
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2003-07-31 |
AUSTRIA-MARTINEZ, J. |
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| A Well, I lost my hope, my pride and happiness.[48] Under Art. 2206 of the Civil Code, the ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. Under the circumstances of the case at bar an award of P100,000.00 would be appropriate.[49] | |||||