Delay due to fortuitous events held
unavailing in breach of contract of
carriage
The respondent carried a confirmed ticket for
the two-legged trip from Frankfurt to Manila;
(1) Frankfurt - Singapore; and (2) Singapore -
Manila. In her contract carriage with the
petitioner , respondent certainly expected that
would fly to Manila.
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Separation benefits must be granted equally
The Company is legally authorized to
terminate employees on the ground of
retrenchment to prevent losses or closure of
business operations but it may not pay
separation benefits unequally for such
discrimination breeds resentment and ill will
among those treated less generously than
others
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Judicial act not compellable by
mandamus
to compel the court of Appeals to consider
the records of the case as reconstituted, the
Petioner filed a petition for
mandamus. The petition must
fail, rule the Supreme Court. reconstitution is
not a ministerial task. it involves the exercise
of discretionon the part of a court in
evaluating the authenticity and relevance of all
evidence to be presented before it.
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Essential elements of abandoenment
1.) The employee must have failed to report
for work or must have been absent without valid
or justifiable reason; and
2.) There must have been a clear intention to
severe the employer-employee relationship
manifested by some over acts. (G.R. No. 120008,
10/19/96)
