This case has been cited 2 times or more.
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2011-03-09 |
PEREZ, J. |
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| Though there is no sufficient evidence to award the actual damages claimed, this Court grants temperate damages for P200,000.00 in view of the loss suffered by the Spouses Bombasi. Temperate damages are awarded in accordance with Art. 2224 of the New Civil Code when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proven with certainty. The amount of temperate or moderated damages is usually left to the discretion of the courts but the same should be reasonable, bearing in mind that the temperate damages should be more than nominal but less than compensatory.[63] Without a doubt, the Spouses Bombasi suffered some form of pecuniary loss in the impairment of their store. Based on the record of the case,[64] the demolished store was housed on a two-story building located at the market's commercial area and its concrete walls remained strong and not affected by the fire. However, due to the failure of the Spouses Bombasi to prove the exact amount of damage in accordance with the Rules of Evidence,[65] this court finds that P200,000.00 is the amount just and reasonable under the circumstances. | |||||
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2009-10-05 |
DEL CASTILLO, J. |
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| It has already been held that the determination of the existence of a breach of contract is a factual matter not usually reviewable in a petition filed under Rule 45.[18] We will not review, much less reverse, the factual findings of the Court of Appeals especially where, as in this case, such findings coincide with those of the trial court, since we are not a trier of facts.[19] The established rule is that the factual findings of the Court of Appeals affirming those of the RTC are conclusive and binding on us. We are not wont to review them, save under exceptional circumstances as: (1) when the inference made is manifestly mistaken, absurd or impossible; (2) when there is grave abuse of discretion; (3) when the findings are grounded entirely on speculations, surmises or conjectures; (4) when the judgment of the Court of Appeals is based on misapprehension of facts; (5) when the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (6) when the findings of fact are conclusions without citation of specific evidence on which they are based; (7) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and (8) when the findings of fact of the Court of Appeals are premised on the absence of evidence and are contradicted by the evidence on record.[20] | |||||