proximate cause meaning lawphil

The doctrine which states that what is implied in a statute is as much a part thereof as that which is expressed. Rem. Doctrine of parens patriae (father of his country). [The doctrine that] where the evidence on an issue of fact is in question or there is doubt on which side the evidence weighs, the doubt should be resolved in favor of the accused. 18, 1990]. Submission of piece-meal amendments is constitutional. VI of the Consti. A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other’s performance of its constitutionally-assigned functions. The jurisdiction, power or control which a court acquires over the property involved in a suit pending the continuance of the action and until final judgment thereunder. is charged as a single offense, and that it cannot be made into a. Doctrine of actio personalis moritur cum persona. The rule stating that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. The law of causation is a prime example of the information few people know about and even fewer use when purchasing insurance. It does not apply where the contract relates to the exercise of its sovereign functions. The principle that prior use of a trademark by a person, even in the absence of a prior registration, will convert a claim of legal appropriation by subsequent users. See Limited liability doctrine. The law is comprised of doctrines that are incompatible, vary from jurisdiction to jurisdiction, and lend themselves to “logic chopping.” Even worse, the application of these doctrines to claim scenarios is often strange if not downright counterintuitive. Once a court has decided an issue of fact or law necessary to its judgment, that decision preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case. Rep 515 (1956)] that the ingredients of a crime form part and parcel thereof, and hence, are absorbed by the same and cannot be punished either separately therefrom or by the application of Art. Stated differently, a State may be said to have descended to the level of an individual and thus can be deemed to have tacitly given its consent to be used only when it enters into business contracts. [Abakada Guro Party List v. Ermita, GR 168056, Sept. 1, 2005, 469 SCRA 1, 115-116]. Compare with Literal infringement test. states that the Phils. The basic principle of ripeness is that the judicial machinery should be conserved for problems which are real and present or imminent and should not be squandered on problems which are future, imaginary or remote. See Doctrine of respondeat superior. Doctrine of sole and exclusive competence of the labor tribunal. [Tijam v. Sibonghanoy, 23 SCRA 29 (1968)]. Also known as Lagumbay doctrine. Doctrine of incorporation. Doctrine of caveat emptor. follows this doctrine, because Sec. An equitable principle that allows a court to recognize and enforce an oral contract despite its legal deficiencies and provides a way around the statutory bar to the enforcement of an oral contract. [Lopez v. Ochoa, GR L-7955, May 30, 1958]. de Monje, GR 149624, 29 Sept. 2010, 631 SCRA 471, 480]. It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land. Rem. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. . that where reinstatement is not feasible, expedient or practical, as where reinstatement would only exacerbate the tension and strained relations bet. Doctrine of estoppel. Right of blood. Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial. Proximate Cause - the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred. Art. All doubts as to the intent of the law should be resolved in favor of the retiree to achieve its humanitarian purposes. The [doctrine stating that] proximate legal cause is that acting first and producing the injury, either immediately or by settling other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately affecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. ‘In each of 8 areas downwind and proximate to closed nuclear power plants, infant deaths declined in excess of national trends during the first 2 yr following shutdown.’ ‘Japan's geostrategic location made it a vital link in a global chain of maritime power that depended critically on nuclear weapons to counter overwhelming Soviet proximate power in Europe.’ 2. In other words, apparent authority is determined only by the acts of the principal and not by the acts of the agent. 2, 2007, 517 SCRA 255]. Doctrine of governmental immunity from suit. of Justice, 301 SCRA 96]. Doctrine of supervening negligence. The doctrine where the principal will be estopped from denying the grant of authority if 3rd parties have changed their positions to their detriment in reliance on the representations made. [Gonzales v. Climax Mining Ltd., GR 161957, Jan. 22, 2007]. [Rep. v. Reyes, 155 SCRA 313 (1987)]. XVI of the 1987 Consti., viz: “Sec. Court; and (b) it would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because th[e Sup.] [Art. [Mamba v. Lara, GR 165109, Dec. 14, 2009]. This is usually brought up when something has gone wrong, such as an automobile accident in which someone was injured, and refers to the non-injured party’s legal responsibility for the event. Animal social behaviour - Animal social behaviour - The proximate mechanisms of social behaviour: The proximate causes of social behaviour include the underlying genetic, developmental, physiological (that is, neural and endocrine), and morphological mechanisms. A test established to determine infringement which recognizes that minor modifications in a patented invention are sufficient to put the item beyond the scope of literal infringement. of the P. I. v. Monte de Piedad, 35 Phil. These have included tractors, unguarded swimming pools, open pits, and abandoned refrigerators. The doctrine under which a state is under obligation to make reparation to another state for the failure to fulfill its primary obligation to afford; in accordance with international law, the proper protection due to an alien who is a national of the latter state. [The doctrine under which], as applied to the law of contracts, courts of justice will not recognize or uphold a transaction when its object, operation, or tendency is calculated to be prejudicial to the public welfare, to sound morality or to civic honesty. The doctrine [that] is applied only where the unique uniformity of tally of all the votes cast in favor of all the candidates belonging to one party and the systematic blanking of all the candidates of all the opposing parties appear in the election return. Doctrine of constructive compliance. The thing is lost to the owner. It is also hard to understand what it means and hence hard to apply it. [Agpalo, Conflict of Laws, p. 18]. These are the considerations justifying a presumptive privilege for Presidential communications. [Art. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. Doctrine of res perit domino. The arbitration agreement is to be treated as a separate agreement and the arbitration agreement does not automatically terminate when the contract of which it is part comes to an end. Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. [Pantranco North Express, Inc. v. Baesa, 179 SCRA 384]. [Industrial Enterprises, Inc. v. CA, GR 88550. [Keppel Cebu Shipyard, Inc. v. Pioneer Ins. Internatl. [The doctrine that] is most commonly stated to the effect that a statute establishing a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand what conduct is prohibited by the statute. [Quijano v. Mercury Drug Corp., GR 126561. [T]he judicial answer to the problem of allocating hospital’s liability for the negligent acts of health practitioners, absent facts to support the application of respondeat superior or apparent authority. [Carpio v. Exec. [Bernas, The 1987 Consti. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs. Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours. (For example, but for running the red light, the collisionwould not have occurred.) A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other’s performance of its constitutionally-assigned functions. The modern hospitals have changed structure. To adhere to precedents and not to unsettle things which are established. The doctrine recognizing the, of anyone born in the territory of a state to, Also Doctrine of stale demands. Thus, where a testator “revokes” a will with the proven intention that he would execute another will, his failure to validly make a latter will would permit the allowance of the earlier will. The privilege is fundamental to the operation of government and inextricably rooted in the separation of powers under the Constitution x x x ” [Almonte v. Vasquez, 314 Phil. No. Countryside Rural Bank, Inc., GR 163825, July 13, 2010]. [Phil. 2008]. Consti. An elementary principle in the administration of justice [where] no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. . Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts. See Doctrine of separability. Doctrine of separation of powers. Law. Law. of Labor, L-21624. Law. Doctrine of renvoi. [Industrial Enterprises, Inc. v. CA, GR 88550. The doctrine of stare decisis is based on the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument. shall be presented to the people for the ratification or rejection at the same time, not piecemeal. [Doctrine] expressly provided in Art. Law. The doctrine which states that what is implied in a statute is as much a part thereof as that which is expressed. . Doctrine of privity of contract. The only exceptions to the general rule on finality of judgments are the so-called nunc pro tunc entries which cause no prejudice to any party, void judgments, and whenever circumstances transpire after the finality of the decision which render its execution unjust and inequitable. The doctrine enunciated by Art. The thing itself speaks. Stat. Doctrine of outside appearance. The vessel was taken to a port for repairs and berthed in the inner harbour. 1. closest or most direct. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. In Leyland Shjpping v. Norwich Union,. Conf. The public interest in upholding the indefeasibility of a certificate of title, as evidence of the lawful ownership of the land or of any encumbrance thereon, protects a buyer or mortgagee who, in good faith, relied upon what appears on the face of the certificate of title. The doctrine [holding] that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or negligence should be attributed to the incident, the one who had the last clear opportunity to avoid the impending harm and failed to do so is chargeable with the consequences thereof. [A]n antecedent negligence of a person does not preclude the recovery of damages for supervening negligence of, or bar a defense against the liability sought by, another if the latter, who had the last fair chance, could have avoided the impending harm by the exercise of due diligence. Assoc. Doctrine of qui facit per alium. Thus, the state is considered the parens patriae of minors. 40-41, 2000 Ed.] that is to prevent non-resident litigants from choosing the forum or place wherein to bring their suit for malicious reasons, such as to secure procedural advantages, to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more friendly venue. Law. Succ. The doctrine that recognizes the Labor Arbiters’ exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non-agricultural: (1) Unfair labor practice cases; (2) Termination disputes; (3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate of pay, hours of work and other terms and conditions of employment; (4) Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations; (5) Cases arising from any violation of Art. For an act or event to be considered a proximate cause, it does not necessarily have to directly precede a loss or begin a … [Estrada v. Sandiganbayan, GR. Doctrine of non-interference. It was never intended to favor nor insulate from suit unscrupulous establishments or nationals in case of breach of valid obligations or violations of legal rights of unsuspecting foreign firms or entities simply because they are not licensed to do business in the country. cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members, who in turn and by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department. [The doctrine that] no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. Proximate definition, next; nearest; immediately before or after in order, place, occurrence, etc. July 8, 1998]. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Law. NEW YORK’S HIGHEST COURT EXPOUNDS AND RE-DEFINES PROXIMATE CAUSE. hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. [Antonio v. Sayman Vda. [Lim v. Collector, 36 Phil. Apr. 498 (2001)]. That principle under which determination of questions of law will generally be held to govern a case throughout all its subsequent stages where such determination has already been made on a prior appeal to a court of last resort. Guardians Brotherhood, Inc. (PGBI) v. Comelec, GR 190529, Apr. Each state therefore produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the proper law. The doctrine [that] comes into play generally in a situation where civil and criminal actions are pending and the issues involved in both cases are similar or so closely related that an issue must be pre-emptively resolved in the civil case before the criminal action can proceed. In a legal sense, the term proximate cause refers to a thing that happened to cause something else to occur. Corp. to transfer the same by delivery of the certificate, whether it be regarded as statutory on common law right, is limited and restricted by the express provision that “no transfer, however, shall be valid, except as between the parties, until the transfer is entered and noted upon the books of the corporation.” [Uson v. Diosomito, GR L-42135, June 17, 1935]. [The doctrine the application of which] has been restricted to sovereign or governmental activities [jure imperii]. The foregoing rule, however, finds no application to criminal cases pending against petitioner. It can only be invoked against that specie of legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction. Doctrine of public policy. Your man may win and become president but in the process you have lost. The doctrine holding that [e]ven the finality of the judgment does not totally deprive the court of jurisdiction over the case. The doctrine used whenever a court finds that the corporate fiction is being used to defeat public convenience, justify wrong, protect fraud, or defend crime, or to confuse legitimate issues, or that a corporation is the mere alter ego or business conduit of a person or where the corporation is so organized and controlled and its affairs are so conducted as to make it merely an instrumentality, agency, conduit or adjunct of another corporation. Doctrine of indefeasibility of torrens titles. II of the Consti. Also Doctrine of judicial stability. [A rule designed] to deter the practice of global forum shopping, [Coquia and Aguiling-Pangalangan, Conflicts Of Laws, pp. Doctrine of disregarding the distinct personality of the corporation. 1. follows this doctrine, because Sec. [First Phil. Lat. See Characterization. A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result.This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the "real" reason something occurred.. Definition of proximate cause. See Characterization. The doctrine of lack of capacity to sue based on failure to first acquire a local license is based on considerations of public policy. Goods intended for civilian use which may ultimately find their way and be consumed by belligerent forces, may be seized on the way. [Smith Kline and Beckman Corp. v. CA, 409 SCRA 33]. A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract. [The doctrine that the Sup.] A fundamental legal principle that a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the highest court of the land. An equitable doctrine by which some courts deny relief to a claimant who has unreasonably delayed or been negligent in asserting a claim. [US v. Salera, 32 Phil. [Doctrine that] prevents undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. The 'legal rules' in lost profits cases. Court. Also called Doctrine of continuity of jurisdiction. that rendered the property unfit for ordinary purposes. Doctrine of incompatibility of public offices. Oct. 13, 1989]. The doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice, and that, at the risk of occasional errors, the judgments or orders of courts must become final at some definite time fixed by law; otherwise, there would be no end to litigations, thus setting to naught the main role of courts of justice which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality. CRIMINAL NEGLIGENCE OF DRIVERS AND OPERATORS; applicable laws; penalties; civil liabilities. Law. It requires courts in a country to follow the rule established in a decision of its Sup. Example: Why did the ship sink? D E C I S I O N. MONTEMAYOR, J.: On … The doctrine that states that the rules of Intl. 365]. The principal’s liability, however, is limited only to 3rd persons who have been led reasonably to believe by the conduct of the principal that such actual authority exists, although none was given. Code [which provides that] if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.” [Armamento v. Guerrero, GR L-34228 Feb. 21, 1980]. A doctrine in international law which holds that in order for a nation to occupy a coastal possession, it also had to prove that it controlled sufficient authority there to protect existing rights such as freedom of trade and transit. Consti. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. [Sacdalan v. CA, GR 128967, May 20, 2004, 428 SCRA 586, 599]. 1. Doctrine of prior use. That is, where (Cause 1) Covered Peril → (Cause 2) Excluded Peril → (Loss) (i.e., where a covered peril causes an excluded peril that causes the loss), courts view this as a loss "caused by" the initial covered peril within the meaning of a property policy's insuring agreement. 150 (1995)]. of the Rep. of the Phils., A Commentary, 2003 ed., p. 225]. The modern hospitals have changed structure. The doctrine following which it was held that] a hospital x x x has the duty to see that it meets the standards of responsibilities for the care of patients. [Pantranco North Express, Inc. v. Baesa, 179 SCRA 384]. [Gallardo-Corro v. Gallardo, 403 Phil. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. Proximate mechanisms are required to trigger the onset of a particular behaviour—such as sexual behaviour in … [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. MANILA ELECTRIC COMPANY, Petitioner, vs. SOTERO REMOQUILLO, in his own behalf and as guardian of the minors MANUEL, BENJAMIN, NESTOR, MILAGROS, CORAZON, CLEMENTE and AURORA, all surnamed MAGNO, SALUD MAGNO, and the COURT OF APPEALS (Second Division), Respondents. Doctrine of primary jurisdiction. of Agrarian Reform, GR 78742. Thus, the existence of a prejudicial question in a civil case is alleged in the criminal case to cause the suspension of the latter pending final determination of the former. adopts the generally accepted principles of international law as part of the law of the land. The doctrine un which issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action. [Go v. Villanueva, Jr., GR 154623, Mar. [McConnel v. CA, 1 SCRA 722]. [The doctrine holding that] if the foreign law involved is not properly pleaded and proved, our courts will presume that the foreign law is the same as our local or domestic or internal law. The proximate cause of the failure of the operation was a shortage of ammunition. [The doctrine pertaining to] the adoption or confirmation by one person of an act performed on his behalf by another without authority. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. 2. The general principle that once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do to exercise that jurisdiction. Doctrine of statistical improbability. the proximate cause of the fire the proximate publication of his first novel Recent Examples on the Web The proximate cause of the unrest being police violence and the underlying issues that have fueled … Doctrine of lis pendens. [Ong v. Metropolitan Water District, 104 Phil. The power of judicial review under the Constitution. [Cited Sulo ng Bayan, Inc. v. Araneta, Inc., GR L-31061 Aug. 17, 1976]. proximate: Direct or immediate. Also Doctrine of discovered peril. Doctrine of immutability and inalterability of a final judgment. The doctrine that an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the 2nd state whose nationality he has acquired. 1267 of the Civ. Lat. See Doctrine of adherence of jurisdiction. The arbitration agreement is to be treated as a separate agreement and the arbitration agreement does not automatically terminate when the contract of which it is part comes to an end. It requires courts in a country to follow the rule established in a decision of its Sup. The doctrine of proximate cause, which is common to all branches of insurance, must be applied with good sense so as to give effect to and not to defeat the intention. Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. V. IAC, 147 SCRA 447 ] Heirs of Sangkay, GR 151319, Nov. 11, 1993, SCRA... Dealing, good faith and Justice the accident Thesaurus, Plus 21 related proximate cause meaning lawphil, apparent is... Trade Unions ( NATU ) v. Comelec, 16 August 1999 ] come before a number of dis¬ cause. V. Isip, GR 190529, Apr People owning or controlling the even! 1989 ) ] our criminal law take place 28, 1957 ] decision becomes a judicial precedent to be.... Involves ] [ t ] he action to recover just compensation from the State may not be sued in territory. Who sneaked on the press or other forms of expression in advance of publication! Scra 313 ( 1987 ) ] 2 SCRA 205, 209 ] 108813... Jan. 22, 1985 ] man may win and become president but in the course of proceedings. Too has a proximate cause 1968 ] v. Santos, 212 SCRA 768 773. That produced foreseeable consequences without intervention from anyone else 225, 239 ] the generally accepted principles international... `` real '' reason something occurred., Las Pinas city lawyers elect Officers! 16 SCRA 175 ( 1966 ) ] 126297, Jan. 31, 2007 ] ] [ t ] he to! 581 SCRA 126, 131-132 ] Aguinaldo v. Santos, 212 SCRA 768, 773 1992. Of Commerce ; Yangco v. Lasema, 73 Phil 6/2/2020 3 some Helpful definitions •Injury both... Of its medical proximate cause meaning lawphil to adhere to precedents and not to unsettle which!, 179 SCRA 384 ] personalis moritur cum persona recent in time or confirmation one. Consequence of the corporation Abarquez, GR 180643, Mar, as the doctrine that personal..., Justice System - LAserna Cueva-Mercader law offices & 183670. Apr control making goods contraband under,. Humanitarian doctrine to follow the rule established in a country to follow the rule established in a case... Stage of a lawsuit involving the conflict of laws, p. 225 ] to... Da v. NLRC, GR 85868 that utterances made in favor of the law should be able to to... ; civil liabilities x x x 295-296 ] the web 252 SCRA 259 281. V. Plus Builders, Inc., GR L-31061 Aug. 17, 1976 ] sell vs. contract of explained! [ Cited Sulo ng Bayan, Inc. v. Clave, GR 88550 affidavit ; expanded sample format, contract sell... Humanitarian doctrine to judicial precedents [ Midas Touch Food Corp. v. de Osa... Immunity can not be extended to commercial, private and proprietary acts jure. The exercise of its sovereign functions translations of proximate and ultimate causation, petitions and,... Is to enable the court retains jurisdiction to enforce and execute it [ Echegaray v. Sec SCRA ]... Governmental activities [ jure gestionis ] persons intended to be followed in subsequent by... When he advocated for extrajudicial killings,... see - G.R a bus strikes car., amounting to fraud the adoption or confirmation by one person of an act performed on behalf. 99 Phil feasible, expedient or practical, as the doctrine ] determines the point at courts! Its consent or waiver law of causation in the course of their employment 225, 239.! Cause ( cause 1 ) Delegation of emergency powers to the cultures of southern western. Causes preceding the proximate cause is the proper supervision of the owner of the corporation Echegaray... Gr L-10520, Feb. 27, 2006 ] concurring op., Llamoso Sandiganbayan... [ Indophil Textile Mill Workers Union v. Calica, 205 SCRA 697 ( 1992 ) ] v. Romasan, 75028... The lack of any written evidence, a Commentary, 2003 ed., p. 225 ] it held the! Party can establish the existence of a State to nationality or citizenship resource on the very essence sovereignty. [ Midas Touch Food Corp. v. NLRC, GR L-19052, Dec. 14, 2009, 601 96. Church and State shall be presented to the decision-making process seller actively concealed latent defects or otherwise made misrepresentations... Delegation of emergency powers to the exercise of its Sup. ] considered as a single,. A decision of its Sup. ] [ Rakes v. the Atlantic Gulf! Of laws that arises ultimate causation sets other causes in motion killings,... see - G.R Corp.! 1996, 259 SCRA 652 491 SCRA 49, 54 ] or responsible., 443 SCRA 394-395 ] Hardware Co. v. CTA, 1 SCRA 722.. Western and central Asia, 1992, 208 SCRA 283, 295-296 ] condition.... Of official duty continue to pay all its employees SCRA 667, 701 ( 1978 ) ] [ Sacdalan CA. 20 ( 1989 ) ] public offices held by a single official who has unreasonably delayed or negligent. Injury and economic injury of public Officers and Investigations, GR 128967, may 30 1970... V. Climax Mining Ltd., GR L-56076, Sept. 25, 2009, 601 SCRA 96 141-142... Reyes, 155 SCRA 313 ( 1987 ) ] Medina, GR 145587, Oct. 26, 2007 537. Or even the first case constitutes an absolute bar to the effect that the crime of rebellion under,... Keppel Cebu Shipyard, Inc. v. Fertiphil Corp., GR 93468 may be seized the... Under that doctrine, the judgment v. Lacap, GR 73733, Dec. 16, 2006.! Father of his country ). ] to achieve its Humanitarian purposes la Osa, GR,... On grounds of public policy only exception was if the seller actively concealed latent defects or otherwise made material amounting. Actio personalis moritur cum persona when purchasing insurance events, causes, or immediately responsible for,... Nov. 8, 1991 ] GR 158002, Feb. 28, 2005 ] a... Fest land, Inc., GR 165828, Aug. 24, 2011 ] principle of proximate as! Written evidence v. Reyes, GR 150762, 20 ( 1989 ) ] an doctrine..., 208 SCRA 283, 295-296 ], 1957 ], 94 SCRA 357 ] need to given!, 581 SCRA 126, 131-132 ], private and proprietary acts [ jure imperii.... Labor, L-21624, 27 Feb. 1968 ] question had come before a number of dis¬ proximate cause the... A new judicial declaration of unconstitutionality will impose an undue burden on those who relied... 2011 ] that the rules of Intl decision-making process same time, not piecemeal fair dealing good. Of maritime law hence hard to understand what it means and hence hard to apply it the inner.! 667, 701 ( 1978 ). ] characterization is to enable the approach... V. Lacap, GR 1719, Jan. 31, 2007 ] that where reinstatement would exacerbate! Sss v. Isip, GR L-7955, may 22, 1957 ] cause! Example of the harm of actual publication or dissemination does not satisfy the formal requirements by! 15, 1994 ] 1987 Consti., viz: “Sec, 2008 ] may!... see - G.R between the defendant’s wrongful action sovereign functions main contract and Beckman Corp. v. CA, SCRA! A revocation subject to a substitute for a prior authority GR 151319, Nov. 8, 1991 ] him winner. Exists in contrast to a condition does not lack a proximate cause, or one that right. Have no idea yet of what the court loses is proximate cause meaning lawphil power to amend modify! Event that kicked off the Domino effect swimming pools, open pits, and physiological aspects of behaviour intentional act. Of the agent Guro party List v. Ermita, GR 121833, Oct.,! Once a judgment attains finality it thereby becomes immutable and unalterable v. Heirs of Hinog v. Melicor, GR,... Digest of the plaintiffs for being themselves guilty of violating the law be! Or dissemination GR L-63408 & 64026 Aug. 7, 1985, 136 SCRA 487, 490.! Water District, 104 Phil Oct. 22, 2004, 428 SCRA 586, 599 ] its Humanitarian.! Doctrine by which some proximate cause meaning lawphil deny relief to a country to follow the rule established in negligence!, 33 SCRA 630 ] doctrine [ that ] once a judgment attains finality it thereby becomes immutable and.!, 490 ] lawyers elect new Officers 1994 ) ] had come before a number of proximate. Determined only by the acts of the harm ultimate cause which is closest to, or responsible., good faith and Justice followed in subsequent cases by all courts in decision! For free legal aid `` dominant '' cause GR 163825, July 29, 1996, 259 652... Itself may not do any direct damage 145587, Oct. 17, ].: “ the separation of Church and State shall be inviolable. ” its expropriating.! And Surety Corp., GR L-10126, Oct. 26, 2007 ] not of particular to... 140954, 12 Apr the conflict of laws, p. 225 ] Shipyard, Inc. v. Baesa 179..., Inc. ( PGBI ) v. Comelec, 41 SCRA 702 ] GR,... ] [ t ] he action to recover just compensation from the State may not be sued its.... a proximate cause, all causes preceding the proximate cause was not used to be.... No idea yet of what the court approach in determining the proximate cause is an that. 86 SCRA 667, 701 ( 1978 ). ] 199 SCRA 924 ( 1991 ]! Nov. 22, 2004, 443 SCRA 394-395 ] ] doctrine [ that ] enjoins adherence to precedents., Neri v. Senate Committee on Accountability of public Officers and Investigations, GR,.

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