This case has been cited 2 times or more.
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2010-02-16 |
PERALTA, J. |
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| Moreover, the Court of Appeals correctly sustained the award of moral damages in the amount of P50,000.00 for the death of respondent's husband. Moral damages are not intended to enrich a plaintiff at the expense of the defendant.[41] They are awarded to allow the plaintiff to obtain means, diversions or amusements that will serve to alleviate the moral suffering he/she has undergone due to the defendant's culpable action and must, perforce, be proportional to the suffering inflicted.[42] | |||||
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2007-11-22 |
AUSTRIA-MARTINEZ, J. |
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| 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. | |||||