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UNITED COCONUT PLANTERS BANK v. TEOFILO C. RAMOS

This case has been cited 4 times or more.

	GR No. 123498 2007-11-23	BPI FAMILY BANK v. AMADO FRANCO NACHURA, J.
An award of moral damages contemplates the existence of the following requisites: (1) there must be an injury clearly sustained by the claimant, whether physical, mental or psychological; (2) there must be a culpable act or omission factually established; (3) the wrongful act or omission of the defendant is the proximate cause of the injury sustained by the claimant; and (4) the award for damages is predicated on any of the cases stated in Article 2219 of the Civil Code.[49]
	GR NO. 165955 2007-08-10	FILINVEST LAND v. FLOOD-AFFECTED HOMEOWNERS OF MERITVILLE ALLIANCE SANDOVAL-GUTIERREZ, J.
ART. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. In Philippine National Construction Corporation v. Court of Appeals,[3] we defined negligence as "the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would do." It is the failure to observe that degree of care, precaution and vigilance that the circumstances just demand, whereby that other person suffers injury.[4] In Bank of the Philippine Islands v. Casa Montessori Internationale,[5] we reiterated the rule that negligence is never presumed but must be proven by whoever alleges it. In determining whether or not a party acted negligently, the constant test is: "Did the defendant in doing the negligent act use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence."[6]
	GR NO. 161286 2005-08-31	SPS. NARCISO RAYOAN AND PARALUMAN TOLENTINO v. ALLAN FRONDA AND SPS. CHARLITO VALDEZ AND AVELINA VALDEZ CARPIO MORALES, J.
By the assailed the decision[15] of May 26, 2003, the appellate court affirmed the RTC dismissal of the second case - Civil Case No. 780.
	GR No. 126850 2004-04-28	INSULAR LIFE ASSURANCE COMPANY v. CA AUSTRIA-MARTINEZ, J.
Under Article 2208 of the Civil Code, attorney's fees may be awarded not only when exemplary damages is awarded but also when a party is compelled to litigate or to incur expenses to protect its interest by reason of an unjustified act of the other party.[60] In the present case, Insular was constrained to engage the services of counsel and to incur expenses of litigation in order to protect its interest to the subject property against Sun Brothers' utterly unfounded insistence on an alleged unilateral right to renew the lease. The award of P250,000.00 is reasonable in view of the time it has taken this case to be resolved.[61]