This case has been cited 8 times or more.
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2016-01-11 |
LEONEN, J. |
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| Admissibility of evidence refers to the question of whether or not the circumstance (or evidence) is to [be] considered at all. On the other hand, the probative value of evidence refers to the question of whether or not it proves an issue. Thus, a letter may be offered in evidence and admitted as such but its evidentiary weight depends upon the observance of the rules on evidence. Accordingly, the author of the letter should be presented as witness to provide the other party to the litigation the opportunity to question him on the contents of the letter. Being mere hearsay evidence, failure to present the author of the letter renders its contents suspect. As earlier stated, hearsay evidence, whether objected to or not, has no probative value.[166] (Citations omitted) | |||||
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2011-03-09 |
PEREZ, J. |
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| Further, in one case,[58] this Court held that the amount claimed by the respondent-claimant's witness as to the actual amount of damages "should be admitted with extreme caution considering that, because it was a bare assertion, it should be supported by independent evidence." The Court further said that whatever claim the respondent witness would allege must be appreciated in consideration of his particular self-interest.[59] There must still be a need for the examination of the documentary evidence presented by the claimants to support its claim with regard to the actual amount of damages. | |||||
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2007-08-14 |
AUSTRIA-MARTINEZ, J. |
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| While Evangelista's statement may be admitted in evidence, it does not necessarily follow that the same should be given evidentiary weight. Admissibility of evidence should not be equated with weight of evidence.[16] In this regard, it has been held that although hearsay evidence may be admitted because of lack of objection by the adverse party's counsel, it is nonetheless without probative value,[17] unless the proponent can show that the evidence falls within the exception to the hearsay evidence rule.[18] | |||||
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2006-07-20 |
CALLEJO, SR., J. |
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| Under Article 2199 of the Civil Code, actual or compensatory damages are those awarded in satisfaction of, or in recompense for, loss or injury sustained. They proceed from a sense of natural justice and are designed to repair the wrong that has been done, to compensate for the injury inflicted and not to impose a penalty. In actions based on torts or quasi-delicts, actual damages include all the natural and probable consequences of the act or omission complained of. There are two kinds of actual or compensatory damages: one is the loss of what a person already possesses, (daño emergente), and the other is the failure to receive as a benefit that which would have pertained to him (lucro cesante) (citations omitted).[24] | |||||
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2005-10-25 |
AUSTRIA-MARTINEZ, J. |
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| Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a claim not specified in the pleading, or if specified the same has been left for determination by the court, the additional filing fee therefor shall constitute a lien on the judgment. It shall be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and assess and collect the additional fee.[21] Respondent is correct in ruling in his Order dated June 19, 2002 that the court had jurisdiction over the amended complaint as it had acquired jurisdiction over the case when the original complaint was filed and the corresponding docket fee was paid thereon. Plainly, while the payment of the prescribed docket fee is a jurisdictional requirement, even its non-payment at the time of filing does not automatically cause the dismissal of the case, as long as the fee is paid within the applicable prescriptive or reglementary period. Respondent also stated in the same order that this Court in the Sun Insurance case had further declared that "any additional filing (docket) fee shall constitute a lien on the judgment and that it shall be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and assess and collect the additional fee provided that the cause of action has not prescribed." | |||||
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2005-01-19 |
SANDOVAL-GUTIERREZ, J. |
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| We stressed in Marie Antoinette R. Soliven vs. Fastforms Philippines, Inc.[32] that while it is a settled rule that jurisdictional questions may be raised at any time, an exception arises where estoppel has supervened,[33] as in this case. We reiterate that it is only now, before this Court, that petitioner is questioning the jurisdiction of the trial court. After submitting its cause voluntarily to its jurisdiction by actively participating in all stages of the proceedings before it and invoking its authority by asking for an affirmative relief, petitioner is estopped from challenging its jurisdiction, especially when an adverse judgment has been rendered.[34] In PNOC Shipping and Transport Corporation vs. Court of Appeals,[35] we held:"Moreover, we note that petitioner did not question at all the jurisdiction of the lower court x x x in its answers to both the amended complaint and the second amended complaint. It did so only in its motion for reconsideration of the decision of the lower court after it had received an adverse decision. As this Court held in Pantranco North Express, Inc. vs. Court of Appeals (G.R. No. 105180, July 5, 1993, 224 SCRA 477, 491), participation in all stages of the case before the trial court, that included invoking its authority in asking for affirmative relief, effectively barred petitioner by estoppel from challenging the court's jurisdiction. Notably, from the time it filed its answer to the second amended complaint on April 16, 1985, petitioner did not question the lower court's jurisdiction. It was only on December 29, 1989 when it filed its motion for reconsideration of the lower court's decision that petitioner raised the question of the lower court's lack of jurisdiction. Petitioner thus foreclosed its right to raise the issue of jurisdiction by its own inaction." (underscoring ours) | |||||
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2004-10-18 |
SANDOVAL-GUTIERREZ, J. |
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| While it is true that jurisdiction may be raised at any time, "this rule presupposes that estoppel has not supervened."[13] In the instant case, respondent actively participated in all stages of the proceedings before the trial court and invoked its authority by asking for an affirmative relief. Clearly, respondent is estopped from challenging the trial court's jurisdiction, especially when an adverse judgment has been rendered. In PNOC Shipping and Transport Corporation vs. Court of Appeals,[14] we held:"Moreover, we note that petitioner did not question at all the jurisdiction of the lower court x x x in its answers to both the amended complaint and the second amended complaint. It did so only in its motion for reconsideration of the decision of the lower court after it had received an adverse decision. As this Court held in Pantranco North Express, Inc. vs. Court of Appeals (G.R. No. 105180, July 5, 1993, 224 SCRA 477, 491), participation in all stages of the case before the trial court, that included invoking its authority in asking for affirmative relief, effectively barred petitioner by estoppel from challenging the court's jurisdiction. Notably, from the time it filed its answer to the second amended complaint on April 16, 1985, petitioner did not question the lower court's jurisdiction. It was only on December 29, 1989 when it filed its motion for reconsideration of the lower court's decision that petitioner raised the question of the lower court's lack of jurisdiction. Petitioner thus foreclosed its right to raise the issue of jurisdiction by its own inaction." (underscoring ours) | |||||
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2002-02-27 |
QUISUMBING, J. |
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| Under Section 2 of R.A. 4670, the exclusions in the coverage of the term "teachers" are limited to: (1) public school teachers in the professorial staff of state colleges and universities; and (2) school nurses, school physicians, school dentists, and other school employees under the category of "medical and dental personnel". Under the principle of ejusdem generis, general words following an enumeration of persons or things, by words of a particular and specific meaning, are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.[18] Too, the enumeration of persons excluded from the coverage of the term "teachers" is restricted, limited and exclusive to the two groups as abovementioned. Where the terms are expressly limited to certain matters, it may not by interpretation or construction be extended to other matters.[19] Exclusio unios est inclusio alterius. Had Congress intended to exclude an NFE Division Supervisor from the coverage of R.A. 4670, it could have easily done so by clear and concise language. | |||||