Sie sind auf Seite 1von 6

Date of Decision

Petitioner Respondent Act Complained of Whether tortious or not Doctrine/Principle/Basis Damages Awarded
(EB or DIV)

January 12, 2011 LETICIA TAN OMC CARRIERS, Gross negligence in not Yes liable of Gross Absent competent proof on the actual OMC Carriers, Inc. and Bonifacio
DIV INC. properly maintaining the negligence that led to the damages suffered, a party still has the option Arambala are ordered to jointly and
truck that resulted into death of Celedonio Tan of claiming temperate damages, which may be severally pay the petitioners the
the death of Caledonia and in lieu of actual and allowed in cases where, from the nature of the following:
Tan. loss of earning capacity case, definite proof of pecuniary loss cannot (1) P50,000.00 as indemnity for the
the court awarded be adduced although the court is convinced death of Celedonio Tan;
Temperate and moderate that the aggrieved party suffered some (2) P72,295.00 as actual damages for
damages. pecuniary loss. As defined in Article 2224 of funeral expenses;
the Civil Code: (3) P200,000.00 as temperate
damages for the damage done to
Article 2224. Temperate or moderate petitioner Leticia’s house, tailoring
damages, which are more than nominal but shop, household appliances and
less than compensatory damages, may be shop equipment;
recovered when the court finds that some (4) P300,000.00 as damages for the
pecuniary loss has been suffered but its loss of Celedonio Tan’s earning
amount cannot, from the nature of the case, capacity;
be proved with certainty. (5) P500,000.00 as moral damages;
(6) P200,000.00 as exemplary
Temperate damages in lieu of actual damages damages; and
for loss of earning capacity where earning (7) 10% of the total amount as
capacity is plainly established but no evidence attorney’s fees; and costs of suit.
was presented to support the allegation of the In addition, the total amount
injured party’s actual income. adjudged shall earn interest at the
rate of 6% per annum from May 14,
The income-earning capacity of the deceased 2003, and at the rate of 12% per
was never disputed. Petitioners Mary Jane annum, from the finality of this
Tan, Mary Lyn Tan, Celedonio Tan, Jr., Mary Resolution on the balance and
Joy Tan and Mark Allan Tan were all minors at interest due, until fully paid.
the time the petition was filed on February 4,
2010,34 and they all relied mainly on the
income earned by their father from his
tailoring activities for their sustenance and
support. Under these facts and taking into
account the unrebutted annual earnings of the
deceased, we hold that the petitioners are
entitled to temperate damages in the amount
of P300,000.00 [or roughly, the gross income
for two (2) years] to compensate for damages
for loss of the earning capacity of the
deceased.
January 28, 1961 OSCAR GREGORIO He suffered mental Breach of Client and Since the appellant's cause of action for Sum of P200 as nominal damages
EB VENTANILLA CENTENO anguish upon learning Lawyer Trust and recovery of moral damages is not predicated and the costs.
that his appeal had not Confidence. upon any of those specifically enumerated, the
been perfected within trial court did not err in declining to award
the reglementary period moral damages to him.
due to the appellee's Concerning temperate or moderate damages
negligence; serious claimed by the appellant, considering that he
anxiety upon learning is not entitled to actual or compensatory
that his adversary had damages but has been awarded nominal
won by a mere damages by the trial court, such award
technicality. precludes the recovery of temperate or
moderate damages,4 and so the trial court did
not err in refusing to award temperate or
moderate damages to the appellant
October 19, 2011 EMERITA M. DE ANTONIO M. In November 2006, Yes. The Contractor is De Guzman is indeed entitled to temperate Deleting the award of actual, moral
DIV GUZMAN TUMOLVA during typhoon Milenyo, clearly guilty of damages as provided under Article 2224 of the and exemplary damages, but
a portion of the negligence. Civil Code for the loss she suffered.When awarding temperate damages in the
perimeter fence pecuniary loss has been suffered but the amount of temperate damages is
collapsed and other amount cannot, from the nature of the case, increased to ₱150,000.00. The award
portions tilted and be proven with certainty, temperate damages shall earn interest at the rate of 12%
demanded the repair of may be recovered.Temperate damages may be per annum reckoned from the
the fence in accordance allowed in cases where from the nature of the finality of this judgment until fully
with the plan case, definite proof of pecuniary loss cannot paid.
be adduced, although the court is convinced
that the aggrieved party suffered some
pecuniary loss.1[15] Undoubtedly, De Guzman
suffered pecuniary loss brought about by the
collapse of the perimeter fence by reason of
the Contractors negligence and failure to
comply with the specifications. As she failed to
prove the exact amount of damage with
certainty as required by law, the CA was
correct in awarding temperate damages, in
lieu of actual damages. However, after
weighing carefully the attendant
circumstances and taking into account the cost
of rebuilding the damaged portions of the
perimeter fence, the amount of ₱100,000.00
awarded to De Guzman should be increased.
This Court, in recognition of the pecuniary loss
suffered, finds the award of ₱150,000.00 by
way of temperate damages as reasonable and
just under the premises.
December 6, PEOPLE OF THE RODRIGUEZ crime of murder Yes The prosecution also presented a list of The awards of civil indemnity is
2010 DIV PHILIPPINES LUCERO y PAW-AS expenses such as those spent for the coffin, increased to P75,000.00, exemplary
alias "Kikit," etc., which were not duly covered by receipt. damages is increased to P30,000.00;
"Under Article 2224 of the Civil Code, the award of P3,000.00 as actual
temperate damages may be recovered, as it damages is deleted and in lieu
cannot be denied that the heirs of the victims thereof, appellant is ordered to pay
suffered pecuniary loss although the exact the heirs of the victim the amount of
amount was not proved." "The award of P25,000.00 as temperate damages.
P25,000.00 as temperate damages in x xx
murder cases is proper when no evidence of
burial and funeral expenses is presented in the
trial court." Thus, we delete the award of
P3,000.00 as actual damages given by the CA.
In lieu thereof, we hereby award to the heirs
of the victim the amount of P25,000.00 as
temperate damages.

July 5, 2010 DIV GIOVANI SERRANO PEOPLE OF Attempted homicide Yes if the actual damages, proven by receipts The petitioner is ORDERED to PAY
y CERVANTES, THE PHILIPPINES during the trial, amount to less than the victim, Anthony Galang, the
P25,000.00, the victim shall be entitled to following amounts:
temperate damages in the amount of
P25,000.00, in lieu of actual damages. The (1) P25,000.00 as temperate
award of temperate damages is based on damages; and
Article 2224 of the New Civil Code which states (2) P10,000.00 as moral damages.
that temperate or moderate damages may be
recovered when the court finds that some Costs against the petitioner.
pecuniary loss was suffered but its amount
cannot be proven with certainty. In this case,
the victim is entitled to the award of
P25,000.00 as temperate damages considering
that the amount of actual damages is only
P3,858.50. The amount of actual damages shall
be deleted.
August 15, 2003 PEOPLE OF THE PEDRITO ANDRES y Appellants Benjamin Yes When actual damages proven by receipts The convicted appellants are hereby
DIV PHILIPPINES CASUGAY Damisil, Reynaldo during the trial amount to less than P25,000, sentenced to suffer the penalty of
Damisil, Renato Damisil, as in this case, the award of temperate reclusion perpetua and to pay the
Robert Tejano and damages for P25,000 is justified in lieu of legal heirs of the victim, William
Pedrito Andres actual damages of a lesser amount. Ducusin, the amount of P50,000 as
convicted for murder Conversely, if the amount of actual damages civil indemnity, P50,000 as moral
and Benjamin Damisil is proven exceeds P25,000, then temperate damages, P25,000 as temperate
found Guilty of damages may no longer be awarded; actual damages and P624,000 as damages
attempted homicide damages based on the receipts presented for loss of earning capacity.
during trial should instead be granted.

The victim’s heirs should, thus, be awarded


temperate damages in the amount of P25,000.

William was also gainfully employed, being a


member of the then Philippine Constabulary,
when he passed away at the age of 41; he was
receiving a monthly salary of P4,000.
Consequently, an award for the loss of earning
capacity is justified which is computed in
accordance with the American Expectancy
Table of Mortality adopted in several cases, 41
as follows:chanrob1es virtual 1aw library

Net earning = life expectancy x Gross - living


capacity (x) income expenses
(50% of gross annual income)
or x = 2(80-41) x [48,000.00 - 24,000.00] 3
x = 26 x 24,000.00
= P624,000.00
April 24, 2009 PEOPLE OF THE ROLLY GIDOC @ Two counts of murder Yes The award of P25,000.00 as temperate Appellant is ordered to pay the heirs
DIV PHILIPPINES BAYENG damages in homicide or murder cases is of the victims for each count of
proper when no evidence of burial and funeral murder the following:
expenses is presented in the trial court. Under (1) civil indemnity in the amount of
Article 2224 of the Civil Code, temperate P50,000.00;
damages may be recovered, as it cannot be (2) moral damages in the amount of
denied that the heirs of the victims suffered P50,000.00;
pecuniary loss although the exact amount was (3) temperate damages in the
not proved. Thus, this Court awards amount of P25,000.00; and
P25,000.00 as temperate damages for each (4) exemplary damages in the
count of murder. amount of P25,000.00. No costs.
February 7, 2003 PEOPLE OF THE FEDERICO Crime of murder Yes the prosecution failed to present any receipt He is ordered to pay the heirs of the
EB PHILIPPINES ABRAZALDO @ to prove the claim for expenses incurred.2[48] late Delfin Guban P50,000.00 as
PEDING Gregorio Guban, the father of the victim, who indemnity and P25,000.00 as
shouldered the expenses for the wake and temperate damages. Costs de oficio.
burial failed to submit receipts to show the
amount of such expenses.3[49] However, as
the heirs of Guban did actually incur funeral
expenses, we are justified in awarding
P25,000.00, not for purposes of
indemnification, but by way of temperate
damages.

The amount of the actual damages cannot be


determined because of the absence of receipts
to prove the same, but it is shown that the
heirs are entitled thereto, temperate damages
may be awarded. Such temperate damages,
taking into account the current jurisprudence
fixing the indemnity for death at P 50,000.00,
should be one-half thereof, or P25,000.00. This
makes temperate damages equal to the award
of exemplary damages, which is likewise fixed
at P25,000.00 in cases where its award is
justified.