This case has been cited 4 times or more.
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2015-04-13 |
DEL CASTILLO, J. |
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| Corollarily, we also held in OMC Carriers, Inc. v. Nabua[22] that - | |||||
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2012-03-12 |
PERLAS-BERNABE, J. |
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| On the other hand, the Court upholds the grant to petitioner Heirs of P19,136.90 as actual damages corresponding to the pecuniary loss that they have actually sustained, P50,000.00 as death indemnity, the reduced awards of P50,000.00 as moral damages and P415,640.16 as loss of earning capacity of the deceased Asumbrado, which are all in conformity with prevailing jurisprudence.[11] | |||||
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2012-01-25 |
DEL CASTILLO, J. |
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| Negligence and proximate cause are factual issues.[36] Settled is the rule that this Court is not a trier of facts, and the concurrence of the findings of fact of the courts below are conclusive. "A petition for review on certiorari under Rule 45 of the Rules of Court should include only questions of law - questions of fact are not reviewable"[37] save for several exceptions,[38] two of which petitioners invoke, i.e., that 'the finding is grounded on speculations, surmises, and conjectures,' and that 'the judgment is based on a misapprehension of facts.' | |||||
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2012-01-25 |
DEL CASTILLO, J. |
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| Moral damages,[60] it must be stressed, are not intended to enrich plaintiff at the expense of the defendant. They are awarded to enable the injured party to obtain means, diversions, or amusements that will serve to alleviate the moral suffering he/she had undergone due to the other party's culpable action and must, perforce, be proportional to the suffering inflicted.[61] While the children did not testify before the court, undoubtedly, they suffered the pain and ordeal of losing both their parents and sibling and hence, the award of moral damages is justified. However, the amount must be reduced to P500,000.00.[62] | |||||