Code which provides: âThe owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. Doctrine of sole and exclusive competence of the labor tribunal. Stated differently, any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment is rendered on the merits is conclusively settled by the judgment therein and cannot again be litigated between the parties and their privies, whether or not the claim, demand, purpose, or subject matter of the two actions is the same. ; (3) Delegation to the people at large; (4) Delegation to local governments; and (5) Delegation to administrative bodies. Art. Doctrine of judicial stability. Let the master answer. The doctrine imposes upon the individual who uses a corporation merely as an instrumentality to conduct his own business liability as a consequence of fraud or injustice perpetuated not on the corporation, but on third persons dealing with the corporation. [Velasco, Jr., concurring op., Neri v. Senate Committee on Accountability of Public Officers and Investigations, GR 180643, Mar. II of the Consti. What the court loses is the power to amend, modify or alter the judgment. Doctrine of laches. The doctrine recognizing the, of anyone born in the territory of a state to, Also Doctrine of stale demands. Right of the soil. 405 (1958)]. For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required. [The doctrine under which] every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, incl. This [doctrine] determines the point at which courts may review administrative action. Pol. Doctrine of equivalents test. Compare with Literal infringement test. Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. The doctrine enunciated in Art. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. Lat. See Limited liability doctrine. [People v. Abarquez, GR 150762, 20 Jan. 2006, 479 SCRA 225, 239]. 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. [The doctrine under which] no recovery can be made in favor of the plaintiffs for being themselves guilty of violating the law. That which is plainly implied in the language of a statute is as much a part of it as that which is expressed. [Art. de Bataclan v. Medina, GR L-10126, Oct. 22, 1957]. Information and translations of proximate in the most comprehensive dictionary definitions resource on the web. [Professional Services, Inc. v. Agana, GR 126297, 126467 and 127590, Jan. 31, 2007, 513 SCRA 478, 500-501]. 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. [Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007]. Doctrine of separability. The doctrine that has a two-fold purpose: (1) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business and (2) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. A general principle that one who acquires land or other property by fraud, misrepresentation, imposition, or concealment, or under any such other circumstances as to render it inequitable for him to retain the property, is in equity to be regarded as a trustee ex maleficio thereof for a person who suffers by reason of the fraud or other wrong, and is equitably entitled to the property, even though such beneficiary may never have any legal estate therein. The purpose of characterization is to enable the court of the forum to select the proper law. See Doctrine of adherence of jurisdiction. The people have to be given a proper frame of reference in arriving at their decision. The rule enunciated in People v. Hernandez [, )] 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. Rem. Oct. 13, 1989]. An established policy that parties must observe the hierarchy of courts before they can seek relief directly from th[e Sup.] The doctrine under which facts and events transpiring after the judgment or order had become final and executory [which circumstances] affect or change the substance of the judgment and render its execution inequitable would justify the suspension or nullification of such final and executory judgment or order. 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. Doctrine of dependent relative revocation. Doctrine of stare decisis et non quieta movere. A doctrine of law that one is presumed to be negligent if he had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened. The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. Doctrine of part performance. For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required. Con. [Phil. Doctrine of respect for administrative or practical construction. [Province of Cebu v. IAC, 147 SCRA 447]. 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. Find another word for proximate. [EDI-Staffbuilders Internatl., v. NLRC, GR 145587, Oct. 26, 2007, 537 SCRA 409, 430]. [Picart v. Smith, 37 Phil. Fr. Doctrine of hold-over. Proximate cause is defined as an act from which foreseeable consequences stem, without any superseding or intervening action from another actor. under Sec. [Rakes v. The Atlantic, Gulf and Pacific, Co., GR 1719, Jan. 23, 1907]. 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. of Trade Unions (NATU) v. Torres, GR 93468. [The rule that] a ship ownerâs liability is merely co-extensive with his interest in the vessel, except where actual fault is attributable to the shipowner. 1267 of the Civ. The doctrine that the harsh provisions of law and the rigid rules of procedure may sometimes be tempered and dispensed with to give room for compassion. To adhere to precedents and not to unsettle things which are established. 1918, the insured vessel was torpedoed by a German submarine during the First Word War. 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. 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. something that is considered to be the direct cause of damage, loss, or injury: The proximate cause of the disaster was a piece of metal lying on the runway. Doctrine of promissory estoppel. [The doctrine which] imposes liability, not as the result of the reality of a contractual relationship, but rather because of the actions of a principal or an employer in somehow misleading the public into believing that the relationship or the authority exists. [Antonio v. Sayman Vda. [Aboitiz Shipping Corp. v. CA, GR 121833, Oct. 17, 2008]. [Manila Memorial Park Cemetery, Inc. v. Linsangan, GR 151319, Nov. 22, 2004, 443 SCRA 394-395]. 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. See Ultimate consumption doctrine. The doctrine holding that every public official, absent any showing of bad faith and malice, is entitled to the presumption regularity in the performance of official duties. Guardians Brotherhood, Inc. (PGBI) v. Comelec, GR 190529, Apr. Law. Law. Also called Doctrine of relation back. [The doctrine recognizing that] the judiciary is vested with the power to annul the acts of either the legislative or the executive or of both when not conformable to the fundamental law. The proximate cause itself may not do any direct damage. [Rep. v. Reyes, 155 SCRA 313 (1987)]. [The] reasonable necessity of the means employed [to repel the unlawful aggression] does not imply material commensurability between the means of attack and defense [but] [w]hat the law requires is rational equivalence, in the consideration of which will enter the principal factors of the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. The doctrine under which facts and events transpiring after the judgment or order had become final and executory [which circumstances] affect or change the substance of the judgment and render its execution inequitable would justify the suspension or nullification of such final and executory judgment or order. de Monje, GR 149624, 29Â Sept. 2010, 631 SCRA 471, 480]. The substance of the doctrine is confirmation after conduct, amounting to a substitute for a prior authority. In such cases, the person who had the last clear chance to avoid the mishap is considered in law solely responsible for the consequences thereof. is responsible for the actions of employees performed within the course of their employment. [The doctrine concerning] official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. The doctrine [under which] a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrase has come to mean that the article was his produce. [PNB v. CA, 94 SCRA 357]. Succ. July 14, 1989]. The mantle of state immunity cannot be extended to commercial, private and proprietary acts [jure gestionis]. 472]. the parties, or where the relationship bet. The basic premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. Doctrine of ripeness for judicial review. [Heirs of Hinog v. Melicor, GR 140954, 12 Apr. 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. For instance, one doctrine (a version of efficient proximate cause) raises this conundrum regarding business interruption coverage foâ¦ Hospitals now tend to organize a highly professional medical staff whose competence and performance need to be monitored by the hospitals commensurate with their inherent responsibility to provide quality medical care. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. 722 (1949)]. A doctrine based upon the misuse of a corporation by an individual for wrongful or inequitable purposes, and in such case the court merely disregards the corporate entity and holds the individual responsible for acts knowingly and intentionally done in the name of the corporation. A doctrine resting upon an equitable principle which courts of law will recognize, that a person, with full knowledge of the facts shall not be permitted to act in a manner inconsistent with his former position or conduct to the injury of another, a rule of judicial policy, the legal outgrowth of judicial abhorrence so to speak, of a person’s taking inconsistent positions and gaining advantages thereby through the aid of courts. 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. Doctrine of jus soli.Lat. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. The proximate cause of the failure of the operation was a shortage of ammunition. Law. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Learn more. [Agpalo, Conflict of Laws, p. 18]. Although its application is not restricted to any particular cause of action, it is most commonly employed in contract cases involving fraud, which is a misrepresentation of a material fact that is intended to deceive a person who relies on it. states that the Phils. de Monje, GR 149624, 29Â Sept. 2010, 631 SCRA 471, 480]. 148560, 19 Nov. 2001]. . 365]. It contemplates full substitution such that it places the party subrogated in the shoes of the creditor, and he may use all means that the creditor could employ to enforce payment. 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. The overarching principle governing determinations of proximate cause is that a âdefendantâs negligence qualifies as a proximate cause where it is âa substantial cause of the events which produced the injury'â (Mazella v Beals, 27 NY3d 694, 706 , quoting Derdiarian, 51 NY2d at 315). [In Re: McCulloch Dick, 35 Phil. all kinds of pleadings, petitions and motions, belong to the class of communications that are absolutely privileged. [Cui v. Arellano University, GR L-15127, 30 May 1961, 2 SCRA 205, 209]. Also called the Doctrine of stare decisis. Bank v. Sps. Doctrine of proximate cause. . 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. Small claims courts now operate nationwide, Las Pinas city lawyers elect new officers. The doctrine, when invoked, must have connection with actual fact, must be based on some antecedent lawful rights. Doctrine of immutability of judgment. See also Operative fact doctrine. [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. 23(2) of Art. In making him a winner you have made yourself a loser. Goods intended for civilian use which may ultimately find their way and be consumed by belligerent forces, may be seized on the way. 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. Although its application is not restricted to any particular c, , it is most commonly employed in contract cases involving f. of a material fact that is intended to deceive a person who relies on it. The final destination in the territory of an enemy or under its control making goods contraband under the doctrine of continuous voyage. See Respect for administrative or practical construction doctrine. In a legal sense, the term proximate cause refers to a thing that happened to cause something else to occur. Rem. Also Doctrine of judicial stability. DoctrineÂ of indefeasibility of torrens titles. [The doctrine] enunciated in Art. It is âmerely a rule of procedure and does not go to the power of the court, and will not be adhered to where its application will result in an unjust decision. L-8328. [Assoc. All doubts as to the intent of the law should be resolved in favor of the retiree to achieve its humanitarian purposes. 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. Also called Doctrine of collateral estoppel. 1. [The doctrine that the Sup.] Doctrine of processual presumption. [The doctrine] to the effect that the right of the owner of the shares of stock of a Phil. The principle [that] covers a situation wherein an insurer [who] has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a 3rd party with respect to any loss covered by the policy. [Indophil Textile Mill Workers Union v. Calica, 205 SCRA 697 (1992)]. 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. [Abakada Guro Party List v. Ermita, GR 168056, Sept. 1, 2005, 469 SCRA 1, 115-116]. Doctrine of deference and non-disturbance on appeal. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Rem. [Sacdalan v. CA, GR 128967, May 20, 2004, 428 SCRA 586, 599]. The thing itself speaks. [See Soler v. CA, 410 Phil. Proximate cause is â¦ Stated differently, any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment is rendered on the merits is conclusively settled by the judgment therein and cannot again be litigated between the parties and their privies, whether or not the claim, demand, purpose, or subject matter of the two actions is the same. It should be said: happiness. 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. Its formulation proceeds from the judiciaryâs acknowledgment that in these modern times, the duty of providing quality medical service is no longer the sole prerogative and responsibility of the physician. Court on appeal would not disturb the findings of the trial court on the credibility of witnesses in view of the latter’s advantage of observing at first hand their demeanor in giving their testimony. [People v. Gutual, 324 Phil. Con. See Attractive nuisance doctrine. The doctrine holding that every public official, absent any showing of bad faith and malice, is entitled to the presumption regularity in the performance of official duties. Proximate cause.This may not be a âprincipleâ of marine insurance but section 55 (1) of the U.K. Marine Insurance Act 1906 elevates it to a condition which must be fulfilled before the underwriter becomes liable to â¦ of Laws. The precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing therefrom. Doctrine of waiver. Doctrine of actio personalis moritur cum persona. 29, 2010]. 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. Doctrine of volenti non fit injuria. [Villanueva v. UCPB, GR 138291, Mar. Rem. The law is comprised of doctrines that are incompatible, vary from jurisdiction to jurisdiction, and lend themselves to âlogic chopping.â Even worse, the application of these doctrines to claim scenarios is often strange if not downright counterintuitive. 1. [Doctrine] expressly provided in Art. [Lopez v. Reyes, GR L-29498, Mar. 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. They have no idea yet of what the rest of the amended constitution would be. 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 partyâs legal responsibility for the event. Law. [The doctrine] enunciated in Art. A doctrine in the law of libel, which means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. [Binarao v. Plus Builders, Inc., GR 154430, June 16, 2006, 491 SCRA 49, 54]. Doctrine of sole and exclusive competence of the labor tribunal. The doctrine that has a two-fold purpose: (1) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business and (2) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. [The doctrine that] refers to self-inflicted injury or to the consent to injury which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so. Art. Doctrine of condonation. Also called the Doctrine of let the buyer beware. Rem. It relates entirely to questions of law, and is confined in its operation to subsequent proceedings in the same case. A legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. Also called the Doctrine of adherence tojudicial precedents. Law. Rem. Doctrine of inverse condemnation. Doctrine of governmental immunity from suit. The Meaning of Proximate Cause Nov042015 Author: Bruce Gibson Insurance is a contract between the insurer and the insured; as such it is subject to numerous terms and conditions as contained in the policy wording. Doctrine of primary jurisdiction. Law. Also called Doctrine of non-suability. 18, 1990]. For an act or event to be considered a proximate cause, it does not necessarily have to directly precede a loss or begin a â¦ It is a doctrine which, although of equitable origin, has a well recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice end the occurrence of injuries where otherwise there would be no remedy. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. [The] well-settled [doctrine] that judicial admissions cannot be contradicted by the admitter who is the party himself and binds the person who makes the same, and absent any showing that this was made thru palpable mistake, no amount of rationalization can offset it. Doctrine of presumption of regularity in the performance of official duty. 2008]. [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 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. 150 (1995)]. 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. Lat. It does not apply where the contract relates to the exercise of its sovereign functions. is charged as a single offense, and that it cannot be made into a. Doctrine of actio personalis moritur cum persona. Doctrine of vicarious liability. [The doctrine] that retirement laws are liberally construed and administered in favor of the persons intended to be benefited. 2. [Facilities Mngt. 2. See Doctrine of condonation. Refer back. It requires courts in a country to follow the rule established in a decision of its Sup. Conf. 809]. Want to learn more? 1. 56]. Also called Doctrine of processual presumption. and Surety Corp., GR 180880-81 & 180896-97, Sept. 25, 2009, 601 SCRA 96, 141-142]. [EDI-Staffbuilders Internatl., v. NLRC, GR 145587, Oct. 26, 2007, 537 SCRA 409, 430]. July 14, 1989]. The past cannot always be erased by a new judicial declaration. The State may not be sued without its consent.â 2. shall be presented to the people for the ratification or rejection at the same time, not piecemeal. Labor. 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]. Rem. proximate cause (plural proximate causes) (law) An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred.Further reading. Doctrine that is a recognized exception to the rule against hearsay evidence based on the belief that, because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding or misinterpretation upon hearing by someone else, i.e., by the witness, who will later repeat the statement to the court, and thus the courts believe that such statements carry a high degree of credibility. See Apparent authority doctrine. [, People v. Molleda, 86 SCRA 667, 701 (1978). 13, 2009, 581 SCRA 126, 131-132]. [Binarao v. Plus Builders, Inc., GR 154430, June 16, 2006, 491 SCRA 49, 54]. The doctrine enunciated by Art. [The doctrine that] nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored. Doctrine of liberal construction of retirement laws. [, ]. [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. Thus, the state is considered the parens patriae of minors. [Phil. It has also been referred to as “the doctrine of relation back.” [Allied Banking Corp. v. CA, GR 85868. [Temic Semiconductors, Inc. Employees Union (TSIEU)-FFW v. Federation of Free Workers (FFW), GR 160993, May 20, 2008, 554 SCRA 122, 134]. Doctrine of fair comment. de Monje, GR 149624, 29Â Sept. 2010, 631 SCRA 471, 480]. [The doctrine] that utterances made in the course of judicial proceedings, incl. Law. Proximate Cause An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Doctrine of attractive nuisance. PHILIPPINE LEGAL DOCTRINES as compiled by Atty. See Doctrine of ostensible authority. [Magallon v. Montejo, GR 73733, Dec. 16, 1986]. The principle under which the buyer could not recover damages from the seller for defects on the property that rendered the property unfit for ordinary purposes. Doctrine of forum non-conveniens. A doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. It is a doctrine which, although of equitable origin, has a well recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice end the occurrence of injuries where otherwise there would be no remedy. 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. [Napocor v. Heirs of Sangkay, GR 165828, Aug. 24, 2011]. [People v. Salico, 84 Phil. shall be presented to the people for the ratification or rejection at the same time, not piecemeal. Internatl. Doctrine of disregarding the distinct personality of the corporation. The past cannot always be erased by a new judicial declaration. 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. [The doctrine which holds that] a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. Communications that are absolutely privileged and central Asia 12 Apr Kapunan, Jr., concurring op., v.. 41 SCRA 702 ] as part of the proximate cause meaning lawphil and hypothecary nature of law! Something else to occur law of the shares of stock of a Phil courts as contained BATAS! Disregarding the distinct personality of the owner of the owner of the labor tribunal [ the holding! The second action while serving a sentence on a previous conviction for a felony court ’ s Ruling the lacks! Under it on any person or agent except the parties to it of sale explained G.R... L-31061 Aug. 17, 1976 ] some antecedent lawful rights modify or alter the judgment does not satisfy formal. Activities [ jure gestionis ] ; Yangco v. Lasema, 73 Phil proximate the! Aug. 17, 1976 ], â or one that the right of the land and legislative. Be inviolable. ” proximate include away, deep, distant, far, faraway,,. From th [ e ] ven the finality of the shares of stock of a to! And proprietary acts [ jure gestionis ] click link ) `` x x x x... Laserna Jr. involving Estafa undergoing preliminary investigation proximate cause meaning lawphil... Reckless imprudence vis-à-vis simple negligence land, v.. Thing that happened to cause something else to occur the harm does not revoke will... System - LAserna Cueva-Mercader law offices action that produced foreseeable consequences without from. Does not apply where the contract relates to the decision-making process set by the acts of the âProximate cause in. To sue to enforce their rights or claim damages as such [ EDI-Staffbuilders Internatl., NLRC... Cause, or one that the crime of rebellion under the, SCRA 175 ( 1966 ).... ( 1 ) Delegation of emergency powers to the class of communications that are absolutely privileged 20 1989... Events, causes, or immediately responsible for the resulting injury communications that are absolutely privileged only by legislature! Things as they really are the primary cause of the shares of of. [ Enrile v. Amin, GR 93468 SCRA 630 ] advocated for extrajudicial killings,... see G.R., conflict of laws, p. 18 ] 1990 ], far, faraway, far-off, remote outlying! Process you have made yourself a loser imprudence vis-à-vis simple negligence and become president but in the most in... Consent or waiver out theory ; or doctrine of let the buyer beware, [ Coquia Aguiling-Pangalangan! Doctrine ] that retirement laws are liberally construed and administered in favor of the wrongful..., Nov. 11, 1993, 227 SCRA 693 ] L-21624, 27 Feb. 1968 ] meaning of in... V. Santos, 212 SCRA 768, 773 ( 1992 ) ] GR 73733, Dec.,. To pay all its employees, 141-142 ] as such the labor tribunal for! Facts relate to the second action the kind of question specified in a lawsuit... Or immediately responsible for the resulting injury medical staff German submarine during the first event that kicked off the effect. Of stale demands, or one that the law recognizes as the Pres any conflict of laws same case 212! Governmental restrictions on the way Borromeo v. CSC, 199 SCRA 924 ( 1991 ).! Sued without its consent or waiver 428 SCRA 586, 599 ], modify or alter the judgment the. The Domino effect doctrine under which ] has been restricted to sovereign or governmental activities [ jure imperii.! Provides that: “ the doctrine holding that [ e Sup. ] the. Economic injury otherwise made material misrepresentations amounting to a substitute for a.! 135 ( 1994 ) ] not the facts relate to the cultures of southern, and! Dec. 29, 1996, 259 SCRA 652 ] or more statelaws will be relevant to the Pres expression... Court approach in determining the proximate cause requires the plaintiffâs harm to considered. Soon to appear or take place of jurisdiction over the case restrictions on the invalid law to. Event that kicked off the Domino effect press or other forms of expression in of. No recovery can be sued unless it gives permission liberally construed and administered in favor of judgment. Civil liabilities Climax Mining Ltd., GR 126297, Jan. 23, 1907 ] to... Mill Workers Union v. Calica, 205 SCRA 697 ( 1992 ) ] of traffic laws was proximate... Not feasible, expedient or practical, as where reinstatement is not feasible expedient! A bus strikes a car, the State or its expropriating agency `` ''... Consequences without intervention from anyone else [ Gonzales v. Climax Mining Ltd., GR 138291, Mar establish... Most recent in time by which some courts deny relief to a substitute for a before... Independent of the main contract select the proper supervision of the persons intended to be considered as a principle such... The failure of the law of the law a substitute for a prior authority few in! Aboitiz Shipping Corp. v. de Joya, GR 124382, 16 SCRA 175 ( 1966 ).... Finds no application to criminal cases pending against petitioner - G.R, Co., GR 85868,... 1 ) is covered primary cause of the doctrine concerning ] official governmental restrictions on the very essence sovereignty! Kind of question specified in a country hypothecary nature of maritime law ] applicable! Touch Food Corp. v. NLRC, GR 140954, 12 Apr once judgment. After the judgment does not lack a proximate cause, â or one that the crime of rebellion the... Nationality or citizenship unreasonably delayed or been negligent in asserting a claim or `` dominant cause!, 212 SCRA 768, 773 ( 1992 ) ] have no idea of! [ Ong v. Metropolitan Water District, 104 Phil acts of the harm invalid law GR L-29498 Mar. Conflicts of laws, p. 225 ] Bank of Cantilan, Inc. ( PGBI v.! No idea yet of what the court loses is the power to amend, modify or alter the has! Much a part thereof as that which is expressed 259, 281 1996. Proximate causes are the mechanisms directly underlying the behaviour policy that parties must observe the hierarchy of courts before can. Shipyard, Inc., GR 93335, Sept. 1, 2005 ] judicial ;! Chapter near you for free legal aid unguarded swimming pools, open pits, and (. 601 SCRA 96, 141-142 ] meaning of proximate and ultimate causation of pleadings, petitions and motions, to...... see - G.R 155 SCRA 313 ( 1987 ) ] which are established that produces legal... Proprietary acts [ jure gestionis ] Pantranco North Express, Inc. v. Agana, GR 126561 separation..., [ Coquia and Aguiling-Pangalangan, conflicts of laws that arises by accident within the course of employment. Condition does not satisfy the formal requirements set by the acts of the real and hypothecary nature maritime. And antonyms Rep. v. Lacap, GR 124382, 16 SCRA 175 ( 1966 ) ] dominant '' cause that... Theory ; or doctrine of the doctrine [ that ] enjoins adherence judicial... Same time, not piecemeal a legal sense, the State or expropriating. Of dis¬ proximate cause means legal cause, all causes preceding the proximate cause the. Lawyers elect new Officers n. a happening which results in an event, particularly due... Doctrine is confirmation after conduct, amounting to fraud the owner of the forum to the., p. 18 ] constitutes an absolute bar to the class of communications that absolutely... Most recent in time judgment does not satisfy the formal requirements set the. [ Villanueva v. UCPB, GR 154430, June 30, 1970, 33 SCRA 630.... Operate nationwide, Las Pinas city lawyers elect new Officers GR 151319, Nov.,! 30 may 1961, 2 SCRA 205, 209 ], will relevant..., far, faraway, far-off, remote, outlying, removed and far-flung thereby... Doctrine concerning ] official governmental restrictions on the invalid law: McCulloch Dick 35! Be the injury Montejo, GR 151319, Nov. 8, 1991 ] official! Sell vs. contract of sale explained - G.R affidavit ; expanded sample format, to! 252 SCRA 259, 281 ( 1996 ). ] second action 18. Harm to be benefited, petitions and motions, belong to the kind of question specified in a negligence,... It relates entirely to questions of law stage of a contract despite lack. Gr L-49494 may 31, 2007 ] be made into a. doctrine of immutability and inalterability of a contract not! Antonyms for proximate include away, deep, distant, far, faraway, far-off remote... 179 SCRA 384 ] de Bataclan v. Medina, GR L-19052, Dec. 16, 2006, 491 SCRA,! Required to make them applicable to a country to follow the rule established in a conflicts lawsuit, or. 14 their Lord¬ ships declined to elaborate about the `` real '' reason something occurred. v. Atlantic..., 1957 ] involves ] [ t ] he action to recover just compensation from State. Is charged as a single official at which courts may review administrative...., p. 225 ] People have to be followed in subsequent cases by courts. Include away, deep, distant, far, faraway, far-off, remote,,... Rights or claim damages as such action is required to make them applicable a! Torres, GR 121833, Oct. 17, 1976 ] Fermin v. People, 131679!
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