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Article 44.

 The following are juridical person: 1) The state and its political subdivisions; 2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; 3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.     A juridical person is an abstract being, formed for the realization of collective purposes, to which the law has granted capacity for rights and obligations.     The law classifies juridical persons into three:     1) The state and its political subdivisions;     2) Entities for public interest and purposes;     3) Entities for private interest and purposes.  Corporation as an entity.         A corporation is an artificial being created by operatio...

Article 20 Case Digest: Garciano V. Court of Appeals et. al.

  ESTERIA F. GARCIANO, PETITIONER VS. THE HON. COURT OF APPEALS, EMERITO LABAJO, DIONISIO ROSAL, REMEDIOS GALUSO, FLORDELUNA PETALCORIN, MELCHIZEDECH LOON, NORBERTA MARODA,  AND JOSEPH WIERTZ, RESPONDENTS G.R. NO. 96126, AUGUST 10, 1992 FACTS:     The petitioner was hired to teach during the 1981-82 school year in the Immaculate Conception Institute in the island of Camotes. Before the school year ended, she filed an indefinite leave of absence because her daughter is taking abroad. The application was approved by the president of the school's board of directors.      On June 1, 1982, Emerito Labajo addressed a letter to the petitioner through her husband that the founder of the school, Fr. Joseph Wiertz has terminated her services as part of the teaching staff. The members of the board of director's of the school, with the exception of Fr. Joseph Wiertz, signed a letter reinstating the petitioner's position in the teaching staff. The petitioner declin...

Article 20 Case Digest: RCPI V. Court of Appeals

 RADIO COMMUNICATION OF THE PHILS., INC. (RCPI). PETITIONER, VS. COURT OF APPEALS AND LORETO DIONELA, RESPONDENTS G.R. NO. L-44748, AUGUST 29, 1986 FACTS:     The private respondent, Loreto Dionela, filed a civil case against the petitioner corporation for allegedly sending defamatory words to the respondent inside a telegram. The defamatory words on the telegram sent to the private respondent not only wounded his feelings but also caused him undue embarrassment  and affected adversely his business as well because other people have come to know of said defamatory words.     The trial court ruled that the petitioner corporation is civilly liable under Article 19 and Article 20 of the civil code. Damages were awarded to the private respondent. The Court of Appeals affirmed the decision of the lower court but modified the ruling and lessened the awarded damages.  ISSUES:     Whether or not the petitioner corporation should answer directly and pr...

Article 20 Case Digest: CaiƱa V. People

  MERLIN P. CAIƑA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES G.R. NO. 78777, SEPTEMBER 2, 1992 FACTS:     The petitioner, Merlin P. CaiƱa, a ccused  of reckless imprudence resulting in serious physical injuries, was acquitted of the criminal charge against him in a decision rendered by the Municipal Trial Court of Cagayan de Oro City, Branch 4. However, the petitioner was ordered to pay the private complainant, Dolores Perez, the sum of P2,893.40 representing actual damages.     The Regional Trial Court reversed the decision of the trial court absolving the accused of civil liability. The private complainant subsequently filed a motion for reconsideration upon which the Regional Trial Court reversed its former decision, affirming the decision of the trial court making the petitioner liable for damages.  ISSUES:     Whether or not the MTC ruling for awarding damages is void and illegal. RULING:     Yes.  With respect to the...

Article 20 Case Digest: Castro et. al. V. Mendoza et. al.

  HANIEL R. CASTRO AND PIO C. CASTRO, PETITIONERS VS. HON. RAFAEL T. MENDOZA, JUDGE OF THE COURT OF FIRST INSTANCE OF CEBU, BRANCH VI, AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.  G.R. NO. 50173, SEPTEMBER 21, 1993 FACTS:     The petitioner, Pio Castro, ordered construction materials from Victor Felipe for the construction of his apartment house. As orders were placed on different dates by Pio Castro, so also were deliveries made by Felipe. Each time, no payment was made; deliveries, however, continued until the total unpaid account reached P18,081.15. Felipe kept making demands for payment but Castro, on every such occasion, would ask for an extension of time within which to pay.       Finally, on 21 April 1975, Haniel Castro, son of Pio Castro, went to see Felipe in Cebu City. The young Castro issued on even date an Insular Bank of Asia and America check for the entire amount due from his father. When presented for encashment, the check was ...

Article 20 Case Digest: Sps. Quisumbing Vs. Meralco

SPOUSES ANTONIO AND LORNA QUISUMBING, PETITIONER VS. MANILA ELECTRIC COMPANY (MERALCO), RESPONDENT G.R. NO. 142943, APRIL 3, 2002 FACTS:     On March 3, 1995, the respondents took a routine check of all single phased meters in Green Meadows avenue. The house owned by the petitioners was one of the houses that was inspected. The petitioners was not around at the of the inspection, the petitioners asked permission from the petitioners through their secretary. The secretary witnessed the inspection. Upon inspection, the respondents discovered that the terminal seal of the meter was missing, the meter cover seal was deformed, the meter dials of the meter was mis-aligned and there were scratches on the meter base plate. This was a clear sign that the meter has been tampered. The petitioners denied liability for the tampering. The respondent then, temporarily disconnected the electric services of the petitioners until they pay the amount of P178,875.01 representing the differential ...

Article 20 Case Digest: University of The East V. Jader

  UNIVERSITY OF THE EAST, PETITIONER VS. ROMEO A. JADER, RESPONDENT G.R. NO. 132344, FEBRUARY 17, 2000 FACTS:     Law student was a law student of the University of the East. In the first semester of his last year, he failed to take the final examination in Practice Court 1 which has given him an incomplete rating on the subject. He then payed the the necessary fees and took the final exam for the removal of the incomplete rating. The respondent got a rating of (5).      In the meantime, the faculty and the dean met to deliberate on who among the fourth year students should graduate. The name of the respondent appeared on the tentative list of graduating students. The respondent attended the investiture ceremonies, during the program of which he went up the stage when his name was called.     The respondent then prepared for the bar examination. He enrolled in a pre-bar review class at Far Eastern university. Having learned about the deficiency, h...

Article 20 Case Digest: Banal V. Tadeo, Jr.

CHARMINA B. BANAL, PETITIONER VS. THE HON. THOMAS V. TADEO, JR, PRESIDING JUDGE, RTC-QUEZON CITY, BRANCH 105 AND ROSARIO CLAUDIA, RESPONDENT G.R. NO. 78911-25, DECEMBER 11, 1987 FACTS:     Private respondent was accused for violating Batas Pambansa Blg. 22. It appears that fifteen separate information for violations of Batas Pambansa Blg. 22 or the Bouncing Checks Law, were filed against respondent Cloudia before the Regional Trial Court of Quezon City.      On January 8, 1987, the respondent court issued an order rejecting the appearance of Atty. Nicolito L. Bustos as private prosecutor on the grounds that the charge is for the violation of Batas Pambansa Blg. 22 which does not provide for any civil liability or indemnity and hence, "it is not a crime against property but public order".     The petitioner filed a motion for reconsideration. Respondent filed her opposition to the motion for reconsideration. In an order dated 31 March 1987, the responde...

Article 20 Case Digest: Occena v. Icamina

EULOGIO OCCENA VS. HON. PEDRO M. ICAMINA, PRESIDING JUDGE, BRANCH X OF THE REGIONAL TRIAL COURT, SIXTH JUDICIAL REGION, SAN JOSE, ANTIQUE, THE PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE HONORABLE PROVINCIAL FISCAL OF ANTIQUE; AND CRISTINA VEGAFRIA, RESPONDENTS. G.R. NO. 82146, JANUARY 22, 1990 FACTS:     On May 31, 1979, the petitioner Eulogio Occena, filed a criminal complaint of grave oral defamation against the respondent, Cristina Vegafria, for allegedly uttering seriously vulgar and malicious words against the respondent in public. This caused great and irreparable damage and injury to his person and honor.      After the trial, the respondent got convicted of the said crime, but the trial court did not award damages to the petitioner. In the trial courts opinion, the facts and circumstances of the case as adduced by the evidence do not warrant the awarding of moral damages.      The petitioner then took the case to the Regional Trial Cour...

Article 20.

       Article 20 of the civil code states that, every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.      The principle in Article 20 of the New Civil Code is founded on the basic rule that every every person who is criminally liable shall also be civilly liable (Article 100 of the Revised Penal Code). This is true whether the act is intentional or unintentional. It is also implemented specifically by Article 2176 of the Civil Code which states that, whoever by act or omission causes damage to another, there being fault or negligence is obliged to pay for the damage done.  Liability even in case of acquittal.     A person who committed an offense may be liable criminally and civilly. This is so because of the of the twin responsibilities of an accused. However, if he is acquitted and the acquittal is beyond reasonable doubt, he can still be held civilly liable. Wh...