This case has been cited 3 times or more.
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2004-11-25 |
YNARES-SATIAGO, J. |
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| Respondents in the instant case should be awarded moral damages to compensate for the grief caused by the death of the deceased resulting from the petitioner's breach of contract of carriage. Furthermore, the petitioner failed to prove that it exercised the extraordinary diligence required for common carriers, it is presumed to have acted recklessly.[49] Thus, the award of exemplary damages is proper. Under the circumstances, we find it reasonable to award respondents the amount of P100,000.00 as moral damages and P100,000.00 as exemplary damages. These amounts are not excessive.[50] | |||||
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2004-07-30 |
YNARES-SANTIAGO, J. |
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| Truly, the pain of the sudden loss of one's offspring, especially of a son who was in the prime of his youth, and who holds so much promise waiting to be fulfilled is indeed a wellspring of intense pain which no parent should be made to suffer. While it is true that there can be no exact or uniform rule for measuring the value of a human life and the measure of damages cannot be arrived at by a precise mathematical calculation,[21] we hold that the Court of Appeals' award of moral damages of P100,000.00 each to the Spouses Dolor and Spouses Valmocina for the death of their respective sons, Boyet Dolor and Oscar Valmocina, is in full accord with prevailing jurisprudence.[22] | |||||
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2004-02-13 |
PANGANIBAN, J. |
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| Furthermore, none of the requisites we have earlier mentioned are present in this case, a fact that clearly prevents petitioner from being excused from liability.[36] Under the rules of evidence, the burden of proving that a loss is due to a caso fortuito rests upon the party invoking it.[37] This responsibility, it failed to discharge. | |||||