This case has been cited 1 times or more.
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2011-08-24 |
PEREZ, J. |
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| This interplay of rules and exceptions is more pronounced in this case of quasi-delict in which, according to Article 2176 of the Civil Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. To sustain a claim based on quasi-delict, the following requisites must concur: (a) damage suffered by the plaintiff; (b) fault or negligence of defendant; and (c) connection of cause and effect between the fault or negligence of defendant and the damage incurred by the plaintiff.[15] These requisites must be proved by a preponderance of evidence.[16] The claimants, respondents in this case, must, therefore, establish their claim or cause of action by preponderance of evidence, evidence which is of greater weight, or more convincing than that which is offered in opposition to it.[17] | |||||