This case has been cited 3 times or more.
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2014-03-26 |
PEREZ, J. |
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| Certainly, an award of moral damages must be anchored on a clear showing that the party claiming the same actually experienced mental anguish, besmirched reputation, sleepless nights, wounded feelings, or similar injury.[46] In the case herein under consideration, the records are bereft of any proof that respondent in fact suffered moral damages as contemplated in the afore-quoted provision of the Civil Code.[47] The ruling of the trial court provides simply that: "[Petitioner's] outright denial and unjust refusal to heed [respondent's] claim for payment of the value of her lost/damaged shipment caus[ed] the latter to suffer serious anxiety, mental anguish and wounded feelings warranting the award of moral damages x x x."[48] The testimony of respondent, on the other hand, merely states that when she failed to recover damages from petitioner, she "was saddened, had sleepless nights and anxiety"[49] without providing specific details of the suffering she allegedly went through. "Since an award of moral damages is predicated on a categorical showing by the claimant that she actually experienced emotional and mental sufferings, it must be disallowed absent any evidence thereon."[50] | |||||
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2014-03-26 |
PEREZ, J. |
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| Certainly, an award of moral damages must be anchored on a clear showing that the party claiming the same actually experienced mental anguish, besmirched reputation, sleepless nights, wounded feelings, or similar injury.[46] In the case herein under consideration, the records are bereft of any proof that respondent in fact suffered moral damages as contemplated in the afore-quoted provision of the Civil Code.[47] The ruling of the trial court provides simply that: "[Petitioner's] outright denial and unjust refusal to heed [respondent's] claim for payment of the value of her lost/damaged shipment caus[ed] the latter to suffer serious anxiety, mental anguish and wounded feelings warranting the award of moral damages x x x."[48] The testimony of respondent, on the other hand, merely states that when she failed to recover damages from petitioner, she "was saddened, had sleepless nights and anxiety"[49] without providing specific details of the suffering she allegedly went through. "Since an award of moral damages is predicated on a categorical showing by the claimant that she actually experienced emotional and mental sufferings, it must be disallowed absent any evidence thereon."[50] | |||||
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2012-06-27 |
SERENO, J. |
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| A government agency's prolonged occupation of private property without the benefit of expropriation proceedings entitles the landowner to damages.[34] Temperate or moderate damages may be recovered when the court finds that some pecuniary loss has been suffered, but its amount cannot be proved with certainty from the nature of the case.[35] These damages may be allowed when the court is convinced that the aggrieved party suffered some pecuniary loss but, from the nature of the case, definite proof of that pecuniary loss cannot be adduced.[36] When the court is convinced that there has been such a loss, the judge is empowered to calculate moderate damages, rather than let the complainant suffer without redress from the defendant's wrongful act.[37] | |||||