This case has been cited 1 times or more.
|
2005-05-26 |
CHICO-NAZARIO, J. |
||||
| A: Only last December 30, 1990 after we have retrieved all the merchandize. I prepared this list on October 31, 1990 not realizing the extent of the real damages to the merchandize but when we retrieved them last December 29 and upon inspection, most of the motor oil have already leaked because of the plastics that were exposed to sun and rain, so we changed the estimate to seventy percent (70%), sir. [25] Such arbitrary estimations run afoul with our consistent pronouncement that actual or compensatory damages cannot be presumed but must be proved with reasonable degree of certainty.[26] A court cannot simply rely on speculation, conjecture or guesswork as to the fact and amount of damages, but is required to depend upon competent proof that the claimant had suffered and on evidence of the actual amount thereof.[27] Failing in this regard, we resolve to delete the award of actual damages rendered by the Court of Appeals with respect to these items. | |||||