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VICENTE LAMIS v. DAVID Y. ONG

This case has been cited 4 times or more.

	GR No. 171511 2009-03-04	RONNIE CALUAG v. PEOPLE QUISUMBING, J.
At the outset, it must be stressed that petitioner raises questions of fact. Certainly, such matters mainly require a calibration of the evidence or a determination of the credibility of the witnesses presented by the parties and the existence and relevancy of specific surrounding circumstances, their relation to each other and to the whole, and the probabilities of the situation.[16]
	GR No. 160273 2008-01-18	CEBU COUNTRY CLUB v. RICARDO F. ELIZAGAQUE SANDOVAL-GUTIERREZ, J.
As to the appellate court's award to respondent of moral damages, we find the same in order. Under Article 2219 of the New Civil Code, moral damages may be recovered, among others, in acts and actions referred to in Article 21. We believe respondent' testimony that he suffered mental anguish, social humiliation and wounded feelings as a result of the arbitrary denial of his application. However, the amount of P2,000,000.00 is excessive. While there is no hard-and-fast rule in determining what would be a fair and reasonable amount of moral damages, the same should not be palpably and scandalously excessive. Moral damages are not intended to impose a penalty to the wrongdoer, neither to enrich the claimant at the expense of the defendant.[8] Taking into consideration the attending circumstances here, we hold that an award to respondent of P50,000.00, instead of P2,000,000.00, as moral damages is reasonable.
	GR NO. 163915 2006-10-16	ASIAN CONSTRUCTION v. COMFAC CORPORATION QUISUMBING, J.
ASIAKONSTRUCT also questions the authenticity of the Certificates of Completion. However, it has been uniformly held that findings of facts by the trial court, particularly when affirmed by the Court of Appeals, are binding upon this Court.[9] The appellate court's conclusion on the authenticity of the Certificates of Completion binds us now.
	GR NO. 165483 2006-09-12	RUJJERIC Z. PALAGANAS v. PEOPLE CHICO-NAZARIO, J.
In Criminal Case No. U-9610 for Homicide, we agree with both courts that the proper amount of civil indemnity is P50,000.00, and that the proper amount for moral damages is P50,000.00 pursuant to prevailing jurisprudence.[70] However, based on the receipts for hospital, medicine, funeral and burial expenses on record, and upon computation of the same, the proper amount of actual damages should be P42,374.18, instead of P43,556.00. Actual damages for loss of earning capacity cannot be awarded in this case since there was no documentary evidence to substantiate the same.[71] Although there may be exceptions to this rule,[72] none is availing in the present case. Nevertheless, since loss was actually established in this case, temperate damages in the amount of P25,000.00 may be awarded to the heirs of Melton Ferrer. Under Article 2224 of the New Civil Code, temperate or moderate damages may be recovered when the court finds that some pecuniary loss was suffered but its amount cannot be proved with certainty. Moreover, exemplary damages should be awarded in this case since the presence of special aggravating circumstance of use of unlicensed firearm was already established.[73] Based on prevailing jurisprudence, the award of exemplary damages for homicide is P25,000.00.[74]