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DAMAGES

Every person must, in the exercise of his rights and in


the performance of his duties, act with justice, give everyone
his due, and observe honesty and good faith. (Article 19
of the New Civil Code of the Philippines)
Any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for
damage. (Article 21 of the same code).
-Article 21 of the New Civil Code of the
Philippines, "Any person who wilfully causes loss or injury
to another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for the
damage."
-Article 2217 of the same code, "Moral damages
include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation and similar injury. Though incapable
of pecuniary computation, moral damages may be recovered
if they are the proximate result of the defendant's wrongful
act for omission.".

Well-entrenched
is
the
doctrine
that
actual,
compensatory and consequential damages must be proved,
and cannot be presumed. If the proof adduced thereon is
flimsy and insufficient, as in this case, no damages will be
allowed. Verily, the testimonial evidence on alleged
unrealized income earlier referred to is not enough to
warrant the award of damages.
It is too vague and
unspecified to induce faith and reliance. (Veronica Padillo
vs. Court of Appeals, et.al., G.R. No. 119707,
November 29, 2001, De Leon, Jr. J.)
The law could not have meant to impose a penalty on
the right to litigate. Such right is so precious that moral
damages may not be charged on those who may exercise it
erroneously. One may have erred, but error alone is not a
ground for moral damages. (Veronica Padillo vs. Court of
Appeals, et.al., G.R. No. 119707, November 29, 2001,
De Leon, Jr. J.)
-For their obstinate refusal to vacate the premises when
demanded to do so, the defendants are liable to pay rent as
reasonable compensation for the occupancy and use of the
property. Where the owner had been unjustly deprived of
the use of his property, he is entitled to a reasonable rent for
the occupancy and utilization of said property. (Delos Reyes
vs. Pastorfide, 2 SCRA 706)
ACTUAL AND COMPENSATORY

Actual and compensatory damages must be duly proved and


established with reasonable degree of certainty. The award
of actual and compensatory damages may not be made on
the basis alone of a handwritten enumeration of the
supposed expenses incurred. The Court can only give
credence to those supported by receipts and which appear
to have been genuinely incurred in connection with the
death, wake or burial of the victim.
No document
whatsoever has been submitted to support the trial courts
award for loss of earnings. The alleged monthly income of
the deceased as a chainsaw operator and his other income

from the familys farmland have not been properly


substantiated and appear to be more speculative than not.
(People vs. Panaga, G.R. No. 125967, May 5, 1999)
Actual or compensatory damages cannot be presumed, but
must be duly proved with a reasonable degree of certainty. It
is dependent upon competent proof of damages that
petitioners have suffered and of the actual amount thereof.
The award must be based on the evidence presented, not on
the personal knowledge of the court; and certainly not on
flimsy, remote, speculative and unsubstantial proof.
(Spouses Quisumbing vs. Manila Electric Company
(Meralco), G.R. No. 142943, 3 April 2002; see also
Sarming vs. Dy, G.R. No. 133643, 6 June 2002)
As Justice Malcolm has opined, While the doctrine of
privileged communications is liable to be abused, and its
abuse may lead to great hardships, yet to give legal
sanctions to complaints may give rise to far greater
hardships. (Santiago vs. Calvo, 48 Phil. 919, 923,
citing Abbott vs. National Bank of Commerce, 175 U.S.
409.)
To punish falsities in the complaint or initiatory pleading
would dissuade civic-minded persons to complain against
each others. (Annotation by David Nitafan, p.520, Vol.
249 SCRA)