This case has been cited 2 times or more.
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2011-10-19 |
MENDOZA, J. |
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| CIAC's award of actual damages, however, is indeed not proper under the circumstances as there is no concrete evidence to support the plea. In determining actual damages, one cannot rely on mere assertions, speculations, conjectures or guesswork, but must depend on competent proof and on the best evidence obtainable regarding specific facts that could afford some basis for measuring compensatory or actual damages.[12] Article 2199 of the New Civil Code defines actual or compensatory damages as follows: Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages. | |||||
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2011-06-06 |
VILLARAMA, JR., J. |
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| More importantly, petitioner failed to substantiate its claim that it suffered damages when its property lost lateral support by reason of the collapsed retaining wall. In the case of Santos v. People[26] cited in the case of Soriano v. Marcelo,[27] the Court equated the concept of "undue injury," in the context of Section 3(e) of the Anti-Graft and Corrupt Practices Act, with the civil law concept of "actual damage." It is required that undue injury must be specified, quantified and proven to the point of moral certainty.[28] Speculative or incidental injury is not sufficient. The damages suffered cannot be based on flimsy and non-substantial evidence or upon speculation, conjecture or guesswork[29] but must depend on competent proof and on the best evidence obtainable regarding specific facts which could afford some basis for measuring compensatory or actual damage. The Memorandum of the Office of the City Engineer of Baguio City, which petitioner has not refuted, clearly stated that "the retaining wall is located approximately 7.50 meters to the nearest building line of the complainant. x x x [T]he main structure of the complainant is evaluated to be outside the critical slip circle which is approximately 5.00 meters lateral distance from the retaining wall x x x." Absent any controverting evidence submitted by petitioner which would clearly prove actual damage of its property, the Ombudsman will not be faulted for relying on the said memorandum report. | |||||