This case has been cited 4 times or more.
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2009-11-25 |
CHICO-NAZARIO, J. |
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| The Court of Appeals was correct in refusing to award actual damages in favor of Pedro's heirs. To be entitled to actual damages, the amount of loss must not only be capable of proof but must actually be proven with a reasonable degree of certainty, premised upon competent proof or the best evidence obtainable of the actual amount thereof, such as receipts or other documents to support the claim.[66] In the case before us, no receipt or supporting document pertaining to the amount of hospital, funeral and burial expenses for Pedro was submitted. Hence, actual damages are not recoverable. Nonetheless, under Article 2224 of the Civil Code, temperate damages "may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty." It cannot be denied that the heirs of Pedro suffered pecuniary loss due to Pedro's hospital, funeral and burial expenses, although the amount thereof was not determined with certitude. Accordingly, in lieu of actual damages, the heirs of Pedro are entitled to temperate damages in the amount of P25,000.00.[67] | |||||
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2004-05-27 |
QUISUMBING, J. |
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| Concerning the award of damages, however, modification is in order. The amount of P52,000.00 awarded by the trial court as actual damages must be reduced to P31,300.00, that being the amount substantiated by receipts.[64] For where actual damages may be recovered, the amount of loss must not only be capable of proof but must actually be proven with reasonable degree of certainty, premised upon competent proof or best evidence obtainable of the actual amount thereof. There must be a receipt or other document to support the claim for actual damages. [65] The civil indemnity awarded in the amount of P75,000.00 must be reduced to P50,000.00 to bring it in line with prevailing case law. [66] As to the award of moral damages, current jurisprudence fixes such award at P50,000.00 [67] and thus, the amount of P100,000.00 awarded by the trial court must be reduced accordingly. | |||||
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2004-05-27 |
QUISUMBING, J. |
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| In the present case, regarding actual damages, receipts presented and attached to the records amount to only P25,820.50. That should be the amount awarded, since actual damages must be proven by competent evidence, such as receipts.[42] | |||||
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2002-10-04 |
QUISUMBING, J. |
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| degree of certainty, premised upon the best evidence available of the actual amount thereof.[105] The records show that the claim for actual damages is adequately supported by receipts and other documents,[106] hence, the trial court did not err in awarding the said amount of P426,458.34. Civil indemnity for each deceased victim in the amount of P50,000 is in order pursuant to current jurisprudence. In these cases of consummated murder, considering the testimony on record on the stab wounds suffered by all the victims, moral damages in the amount of P50,000 for each victim is also proper. In the frustrated murder case, considering that the victim Helen Grace Payumo, an 11-year-old child was subjected to prolonged traumatic ordeal; and by way of public example, exemplary damages are in order in the amount of P25,000. WHEREFORE, the consolidated decision of the Regional Trial Court of Biñan, Laguna, Branch 24 in Criminal Cases Nos. 9453-B to 9456-B, finding appellants MAXIMO DELMO, EDMUND DELMO, AND FRANCISCO "KIT" LAPIZ GUILTY beyond reasonable doubt as | |||||