This case has been cited 2 times or more.
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2004-05-28 |
PANGANIBAN, J. |
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| In the absence of a wrongful act or omission,[148] or of fraud or bad faith,[149] moral damages cannot be awarded.[150] The adverse result of an action does not per se make the action wrongful, or the party liable for it. One may err, but error alone is not a ground for granting such damages.[151] While no proof of pecuniary loss is necessary therefor -- with the amount to be awarded left to the court's discretion[152] -- the claimant must nonetheless satisfactorily prove the existence of its factual basis[153] and causal relation[154] to the claimant's act or omission.[155] | |||||
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2000-10-30 |
BELLOSILLO, J. |
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| determining actual damages, the court cannot rely on speculation, conjecture or guesswork as to the amount. Without the actual proof of loss, the award of actual damages becomes erroneous.[16] Actual and compensatory damages are those recoverable because of pecuniary loss in business, trade, property, profession, job or occupation and the same must be sufficiently proved, otherwise, if the proof is flimsy and unsubstantiated, no damages will be given.[17] As it is only the denial of the loan that was sufficiently proved, petitioner must be given an equitable amount as compensatory damages. With regard to the second issue, petitioner asserts that respondent-spouses had been informing his business associates and neighbors that he defrauded them and had been spreading rumors that he was a swindler and a cheat. He presented Joey Vistal, son of a business associate | |||||