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Plaintiffs,
x---------------------------------x
DECISION
STIPULATED FACTS
4. NTC and NSC filed an action for damages arising from the
alleged breach of the contract of carriage.
1
5. ASC filed for moral and exemplary damages.
THE ISSUES
DISCUSSION
1 People Of The Philippines v. Gilberto Villarico, Sr., G.R. No. 158362, [2011]
3
Salim’s act of immediate resignation
after having investigated
creates an iota of doubt
as to the offense charged.
2
People v. Monje, 438 Phil. 716, 732-733 [2002]
4
The NTC failed to rebut the
defendant’s attestation of
Salim’s presence when
ASC made its deliveries to the NTC.
3
Exhibit 4-O (Rollo p. 508)
4
Exhibit 4-P, 4-Q, 4-R
5
Fernando v. Alcazar, G.R. No. 183034 [2014]
5
Here, instead of doing what is right, Salim immediately
resigned showing a presumption of guilt on his part. The
plaintiffs witness alone is already doubting his credibility.
Therefore, it is insignificant to present this as evidence
because it is self-defeating on the plaintiffs part. In fact, the
self-serving and unsubstantiated allegations of the plaintiffs is
defeated by the concrete evidence presented by the defendant.6
SO ORDERED.
CRIS BALIGOD
Judge
6
LNS International Manpower Services v. Armando C. Padua, Jr. G.R. No. 179792 [2010]