Saturday, March 10, 2012

Liability for Non-Deployment

Applying the rules on actual damages, Article 2199 of the New Civil Code provides that one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Respondent is thus liable to pay petitioner actual damages in the form of the loss of nine (9) months’ worth of salary as provided in the contract. This is but proper because of the non-deployment of respondent without just cause (Stolt-Nielsen Transporation Group, Inc., et al. Vs. Sulpecio Modequillo, G.R. No. 177498. January 18, 2012).

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