This case has been cited 3 times or more.
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2010-08-09 |
PEREZ, J. |
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| Finally, temperate damages are awarded when it appears that the heirs of the victim suffered pecuniary loss but the amount thereof cannot be proved with certainty.[39] While Beverly de Guzman, the brother of the victim, testified that he spent P50,000.00 as funeral expenses and P5,000.00 as hospital expenses he, however failed to present duly issued receipts therefore. Hence, he cannot recover actual damages as these require that the amount claimed be supported by receipts.[40] Thus, the award of temperate damages in the amount of P25,000.00 is likewise proper. | |||||
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2007-09-21 |
CORONA, J. |
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| Moreover, the CA erred in affirming the grant of P50,000 as "moral and exemplary damages." The rule is that, in every case, trial courts must specify the award of each item of damages and make a finding thereon in the body of the decision.[48] Thus, moral damages and exemplary damages should be separate items of award. | |||||
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2007-08-28 |
CORONA, J. |
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| Under the law, there are various kinds of damages.[28] They differ as to the necessity of proof of pecuniary loss, the purpose of and grounds for their award and the need for stipulation. Thus, the rule is that, in every case, trial courts must specify the award of each item of damages and make a finding thereon in the body of the decision.[29] | |||||