This case has been cited 4 times or more.
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2008-09-30 |
TINGA, J. |
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| However, we delete the award of P40,000.00 in actual damages and P150,000.00 for loss of income granted by the trial court for it 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] | |||||
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2007-10-17 |
NACHURA, J. |
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| This Court, however, finds that the award of actual damages is not in accord with the evidence on record. It is axiomatic that actual or compensatory damages cannot be presumed, but must be proven with a reasonable degree of certainty.[110] In Villafuerte v. Court of Appeals,[111] we explained that:Actual or compensatory damages are those awarded in order to compensate a party for an injury or loss he suffered. They arise out of a sense of natural justice and are aimed at repairing the wrong done. Except as provided by law or by stipulation, a party is entitled to an adequate compensation only for such pecuniary loss as he has duly proven. It is hornbook doctrine that to be able to recover actual damages, the claimant bears the onus of presenting before the court actual proof of the damages alleged to have been suffered, thus: | |||||
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2006-08-31 |
YNARES-SANTIAGO, J. |
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| Actual or compensatory damages are those awarded in order to compensate a party for an injury or loss he suffered. They arise out of a sense of natural justice and are aimed at repairing the wrong done.[30] To be recoverable, actual and compensatory damages must be duly proved with reasonable degree of certainty.[31] In the present case, the award of actual damages of P298,210.25[32] is correct, considering that the said amount has been duly proven. | |||||
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2005-09-21 |
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| Actual or compensatory damages are those awarded in order to compensate a party for an injury or loss he suffered. They arise out of a sense of natural justice and are aimed at repairing the wrong done.[28] To be recoverable, actual and compensatory damages must be duly proved with reasonable degree of certainty. A court cannot rely on speculation, conjecture or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have suffered and on evidence of the actual amount thereof. The party alleging a fact has the burden of proving it and a mere allegation is not evidence.[29] | |||||