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B.F. METAL v. SPS. ROLANDO M. LOMOTAN AND LINAFLOR LOMOTAN AND RICO UMUYON

This case has been cited 4 times or more.

2010-05-04
VILLARAMA, JR., J.
We believe that the amounts of P300,000.00 and P200,000.00 as moral and exemplary damages, respectively, would be sufficient and reasonable. Because exemplary damages are awarded, attorney's fees may also be awarded in consonance with Article 2208 (1).[72] We affirm the appellate court's award of attorney's fees in the amount of P50,000.00.
2009-04-07
CHICO-NAZARIO, J.
In the instant case, petitioners' testimonies reveal the intense suffering which they continue to experience as a result of George's death.[73] It is not difficult to comprehend that the sudden and unexpected loss of a husband and father would cause mental anguish and serious anxiety in the wife and children he left behind. Moral damages in the amount of P100,000.00 are proper for George's death.[74]
2009-03-13
CHICO-NAZARIO, J.
In the present recourse, the [NIDC] anchored its claim over the subject property under the "Deed of Assignment" executed by PCIB in favor of [NIDC] under which PCIB assigned its rights and interests as the highest bidder of the properties, sold at public auction, resulting from the "Petition" of PCIB for the extrajudicial foreclosure of the "Real Estate Mortgage" executed by Araceli del Rosario over parcels of land mortgaged by her in favor of PCIB. However, included in the "Real Estate Mortgage," without the consent of the [Spouses Bautista], was the undivided portion, with an area of 5,546 square meters, owned by the [Spouses Bautista] covered by Transfer Certificate of Title No. 70813.[17] Since Araceli del Rosario did not own that said property, she had no right to mortgage the same and, hence, the "Real Estate Mortgage" over said property in favor of the PCIB is null and void.
2008-10-17
NACHURA, J.
A party is entitled to an adequate compensation for such pecuniary loss actually suffered by him as he has duly proved. Such damages, to be recoverable, must not only be capable of proof, but must actually be proved with a reasonable degree of certainty. We have emphasized that these damages cannot be presumed and courts, in making an award must point out specific facts which could afford a basis for measuring whatever compensatory or actual damages are borne. [20]