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REPUBLIC v. JUAN C. TUVERA

This case has been cited 4 times or more.

	GR No. 201723 2013-06-13	PEOPLE v. PERCIVAL DELA ROSA Y BAYER REYES, J.
The award of P25,000.00 as temperate damages is likewise in order. Temperate or moderate damages avail when the court finds that some pecuniary loss has been suffered but its amount cannot from the nature of the case, be proved with certainty.[27] In this case, it cannot be denied that the heirs of Magdua suffered pecuniary loss, although the exact amount was not proved with certainty.
	GR No. 181096 2013-03-06	RENO R. GONZALES v. CAMARINES SUR II ELECTRIC COOPERATIVE SERENO, C.J.
Notwithstanding the wording of the Civil Code cited above, we have already settled in jurisprudence[21] that even if the pecuniary loss suffered by the claimant is capable of proof, an award of temperate damages is not precluded. The grant of temperate damages is drawn from equity to provide relief to those definitely injured. Therefore, it may be allowed so long as the court is convinced that the aggrieved party suffered some pecuniary loss.[22]
	GR No. 146141 2008-10-17	ERNESTO CANADA v. ALL COMMODITIES MARKETING CORPORATION NACHURA, J.
The grant of temperate damages paves the way for the award of exemplary damages. Under Article 2234 of the Civil Code, a showing that the plaintiff is entitled to temperate damages allows the award of exemplary damages.[22] Thus, we uphold the award of P50,000.00 as exemplary damages.
	GR No. 155604 2007-11-22	COLLEGE ASSURANCE PLAN v. BELFRANLT DEVELOPMENT INC. AUSTRIA-MARTINEZ, J.
Temperate or moderate damages may be availed when some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty.[39] The amount thereof is usually left to the discretion of the courts but the same should be reasonable, bearing in mind that temperate damages should be more than nominal but less than compensatory.[40] Without a doubt, respondent suffered some form of pecuniary loss for the impairment of the structural integrity of its building as a result of the fire. However, as correctly pointed out by the CA, because of respondent's inability to present proof of the exact amount of such pecuniary loss, it may only be entitled to temperate damages in the amount of P500,000.00,[41] which we find reasonable and just.