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FIRST DIVISION
3.
a collateral attack
against the
challenged
SYLLABUS
case,
2.
1.
that
the
airconditioning
units
are
the trial court in Civil Case No. 242126 does not fall
within any of the ways enumerated above. Although the
action was titled as one for damages, respondent
Manaog, was in effect, alleging the nullity of the
judgment against him as being without factual basis,
which is the reason why he sought damages before the
trial court. This is a collateral attack upon a final
judgment which cannot be done if the said judgment is
valid and regular upon its face, as in the case at bar.
DECISION
MEDIALDEA, J p:
Page 2 of 76
This is a petition for review on certiorari of the decision
April
28,
1978,
respondent
Manaog
filed
On
April
24,
1975,
petitioner
Filinvest
Credit
arrearages
in
the
payment
of
two
which states:
costs of suit.
complaint.
counterclaim
Respondent
to
the
filed
complaint
his
answer
alleging
that
and
the
"a.
Page 3 of 76
"b.
"c.
"d.
amended, provides:
"Sec. 49.
jurisdiction; and
2)
xxx
competent jurisdiction;
"e.
xxx
"b)
xxx
it
conceded
the
latter's
gross
negligence
in
the
what
the
latter
was
ordered
to
pay
private
aforequoted
legal
provision
contains
the
and
estoppel
by
judgment
which
are
The
second
aspect
is
that
it
precludes
Page 4 of 76
cause of action (Lopez v. Reyes, G.R. No. L-29498,
varying
case
the
form
of
action
or
method
of
prior action.
case
to
the
Court
of
Appeals
within
the
DICHOSO,
petitioner,
vs.
The
RAMOS, respondents.
Page 5 of 76
In 1955, Vivencia Prila sold her 4/6 portion with an
DECISION
PARAS, J p:
Marcelino
thereon.
On the other hand, in a Deed of Sale dated June 17,
1948, Asuncion Pacamara sold to the wife of private
respondent Teodolfo Ramos her 1/6 share, but the deed
Dichoso
Enciso,
to
restitute
the
1960 were paid on July 22, 1960 and for the years
p. 15).
Page 6 of 76
dated February 9, 1955, which was more particularly
described as follows:
"BEING
the
eastern
portion
of
Plan
PSU-61453
Rollo, p. 14).
Hence, this petition.
Petitioner assigned two (2) errors, namely:
I
Asuncion
Ramos.
LAND IN QUESTION.
Pacamara
before,
now
Rodolfo
II
THE HONORABLE COURT OF APPEALS ERRED IN
REQUIRING THE PETITIONER TO DELIVER FORTY
(40) CAVANS ANNUALLY TO PRIVATE RESPONDENT
DESPITE ITS FINDING THAT ONLY ONE-THIRD (1/3)
OF
THE
PRODUCE
"WENT
TO"
THE
PLAINTIFF
him
in
1963,
constabulary
soldier
and
four-sixth
originally
owned
(4/6)
by
of
their
the
16.8716
common
hectares
predecessor-in
Page 7 of 76
Prila ceded to Asuncion Pacamara one hectare more
when
28, 1985).
the
inference
made
is
manifestly
absurd,
Page 8 of 76
Actual or compensatory damages cannot be presumed,
1.
EXECUTION
DOCUMENT
SUED
UPON;
denied
the
allegations
of
PNB's
amended
SO ORDERED.
concur.
THIRD DIVISION
ASSURANCE
&
SURETY
CO.,
INC.,
defendant-appellant.
appellee.
Page 9 of 76
the trial court should have withheld judgment on the
obtain payment.
6.
adopted.
5.
Page 10 of 76
PHILIPPINE NATIONAL BANK in the penal sum of
TWENTY
obligations thereunder.
FIVE
THOUSAND
ONLY
PESOS
thereof:
and
singular
terms
and
conditions
of
the
Page 11 of 76
to, or exhausted by, the creditor; Provided, however, that
TWENTY-FIVE
THOUSAND
PESOS
(P25,000),
in
granting
the
plaintiff-appellee's
(2)
(3)
of plaintiff-appellee PNB.
pointed
No.
to
B-60-3.
the
In
provisions
particular,
of
Utassco
(PNB's)
considering
that
the
truth
of
those
court
rendered
judgment
on
the
pleadings.
The
in
the
light
of
the
foregoing
seeks to make:
the
of
complaint
fees
defendant
until
to
pay
fully
the
paid,
plaintiff
plus
the
sum
attorney's
Page 12 of 76
knowledge that his averment of ignorance must be
palpably
almost
untrue.'
Thus,
under
conditions
defendant
has
no
knowledge
or
Bond
and
Endorsement
No.
B-60-3,
i.e.,
the
had,
as
contended
by
the
PNB,
court
correctly
rendered
judgment
on
the
pleadings.
information
person
not
notwithstanding
a
the
party
to
judgment
the
action.
on
the
Thus,
pleadings,
Page 13 of 76
really dispute the correctness of the conclusion reached
the
second
place,
while
the
bond
and
the
As
noted
earlier,
Lanuza
Lumber
was
principally)
to
secure
performance
of
the
of
Credit
which
had
face
value
of
principle
contract
the bond; and (2) the surety would become liable for
suretyship.
of
effectiveness
is
basic
in
Page 14 of 76
"The objection has to be overruled, because as far back
under the bond, and the surety knew it (p. 123 R.A.),
supplied)
as
to
costs.
is
Resolution
SO ORDERED.
Code).
This
immediately executory.
the complaint.
respondents.
SYLLABUS
1.
gives
the
attorney's fees.
courts
discretion
in
apportioning
Page 15 of 76
personal interest in the prosecution of Espiritu for he
employer had hired to act as counsel for him and the St.
2.
ID.;
MALICIOUS
PROSECUTION;
ELEMENTS.
"To
Lao
and
the
lumber
company,
Attorney
suit
against
customer,
the
private
Page 16 of 76
against Espiritu, based on the same transaction. Since
the
petitioner
was
the
employee
who
transacted
because
the
court
believed
that
preliminary
investigation
conducted
later
of
his
Page 17 of 76
salesman who sold the construction materials to
Lao
and
the
lumber
company,
Attorney
52 O.G. 291).
Espiritu,
as
found
and
certified
by
the
proceed.
WHEREFORE, judgment is hereby rendered partially
setting aside the decision of the Court of Appeals dated
May 21, 1987, insofar as it declared the petitioner,
Dennis Lao, solidarily liable with St. Joseph Lumber to
pay the damages awarded to the private respondent
Benjamin Espiritu. Said petitioner is hereby absolved
from any liability to the private respondent arising from
the unsuccessful prosecution of Criminal Case No. Q20086 for estafa against said private respondent. Costs
against the private respondent.
SO ORDERED.
Narvasa, Cruz and Medialdea, JJ ., concur.
Gancayco, J ., is on leave.
FIRST DIVISION
[G.R. No. 101706. September 23, 1992.]
CONSOLIDATED PLYWOOD INDUSTRIES INC. AND
HENRY LEE, petitioners, vs. THE HONORABLE
COURT OF APPEALS, WILLIE KHO AND ALFRED
C.H. KHO, respondents.
Page 18 of 76
its hauler trucks from the jobsite and abandoning its
CIVIL
LAW;
DAMAGES;
TEMPERATE
OR
are
more
than
nominal
but
less
than
ID.;
SYLLABUS
1.
ID.;
MORAL
DAMAGES;
MAY
BE
xxx
xxx
Caraga,
compliance
their
was only P30,000.00 which was not due until one (1)
year and five (5) months after the breach by the private
the
by
contract.
the
The
private
trial
respondents
court
held:
"The
of
act
of
Davao
Oriental,
on
one
hand,
and
the
Page 19 of 76
"It was likewise agreed between the parties as a pre-
"During
1979
the
when
interim
the
period
plaintiffs
between
have
the
no
sudden
immediate
jobsite
at
Baculin,
Baganga,
Davao
Oriental,
to
pay
the
plaintiffs
the
sum
of
P56,000.00
Page 20 of 76
(3)
unfulfilled;
(4)
fees.
defendants' trucks;
(5)
the
demands
of
the
Equitable
Bank
on
the
(6)
(7)
P40,000.00; and
(8)
"Q
that
the
awards
were
not supported
by
vales
of
P10,726.53;
the
sum
of
paid
by
the
plaintiff
and
the
LLpr
"A
overdraft
sum
of
"A
"Q
Page 21 of 76
The commitment to Aquarius Trading was sufficiently
substantiated
"I").
ordered
alleged
was not due until one (1) year and five (5) months after
petitioner's
logs
by
on
documents
time.
In
(Exhs.
"H"
contrast,
and
the
jobsite
before
the
termination
of
the
consider
unfulfilled
sufficient.
the
P350,000.00
damages
for
incurred
by
him
because
private
the
Cruz, J ., is on leave.
FIRST DIVISION
Page 22 of 76
suffered by the creditor is not necessary in order that
BANKERS
ENRIQUE SY,
INSURANCE
petitioners,
CORPORATION
vs.
COURT
OF
CORPORATION, respondents.
SYLLABUS
1.
CIVIL
LAW;
SPECIAL
CONTRACTS;
LEASE;
argument
that
the
forfeiture
clause
of
the
remaining
deposit
still
in
the
ID.;
OBLIGATIONS
WITH
PENAL
CLAUSE;
REMEDIAL
COUNTERCLAIM;
LAW;
CIVIL
CIRCUMSTANCES
PROCEDURE;
WHEN
NO
Page 23 of 76
Petitioners seek a review on certiorari of the decision of
the
decision
of
the
Regional
Trial
Court,
Ventanilla
Enterprises
Corporation,
Declaring
as
lawful,
the
cancellation
and
'7.
95, Rollo).
'2.
'6.
fully paid;
'4.
'5.
the
P10,000.00
monthly
increase
in
to
November
1980
resulting
from
the
P4,000.00
from
his
monthly
rental
with
the
Page 24 of 76
delinquency. The latter demand was with warning that
restraining
and
Capital
Theaters
February
enjoin
letter-agreement
13,
1980
to
in
August
11,
injunction
on
order/preliminary
1979.
But
forfeited;
that
OVEC
would
be
losing
under
lease,
Sy's
unpaid
rentals
and
Page 25 of 76
P10,000.00 every month from February to November,
February
to
November,
1980.
The
amount
in rental
from
"B
"RESPONDENT COURT OF APPEALS COMMITTED
SERIOUS ERROR OF LAW AND GRAVE ABUSE OF
DISCRETION IN NOT SETTING OFF THE P100,000.00
SUPPOSED
DAMAGE
RESULTING
FROM
THE
COURT
OF
APPEALS
FURTHER
actual
"A
damages
suffered
by
the
creditor
is
not
Page 26 of 76
(Article 1228, New Civil Code). However, there are
respondent's
Manchester
with a case where the correct docket fees are not paid
can recover from the obligor not only the penalty but
assumed
by
CBISCO
under
subject
counterclaim
Development
for
failure
Corporation
to
v.
pay
the
Court
of
no
the bond shall and may answer only for damages which
necessarily
party's
amusement
of
injunction.
tax
delinquency,
the
amount
docket
fees
are
connected
claim;
(b)
they
required
with
do
as
the
not
the
following
transaction
require
for
or
their
Page 27 of 76
determination of whether there is some legal or
139
2.
SCRA
576
[1985]);
Prudenciado
v.
Alliance
DENIED and the decision dated June 15, 1988 and the
determination
depending
upon
the
amount
of
SO ORDERED.
to
SECOND DIVISION
damages;
vs.
HONORABLE
S.
TANTOCO
by
and
and
(3)
liquidated
the
or
wrongful
compensatory
act
must
be
temperate,
LEON,
moral,
JUAN
Administratrix
BRIONES
MAGDALENA
BERNARDO, respondents-appellees.
3.
SYLLABUS
1.
CIVIL LAW;
DAMAGES;
respondent
MORAL DAMAGES;
anxiety,
besmirched
reputation,
wounded
being
unfounded
and
maliciously
Page 28 of 76
own, the Rosary General Hospital. He is a member of
ID.;
ID.;
EXEMPLARY
DAMAGES;
WHEN
damages
is
proper
(Bert
Osmena
&
respondent's
damages
entitlement
there
to
is
moral
no
question
and
of
exemplary
found
outstanding
on
February
balance
of
the
21,
1970
disputed
PARAS, J p:
This is an appeal by certiorari from the decision * of the
Court of Appeals (Sixth Division) in C.A., G.R. No.
40201-R promulgated on February 21, 1970 affirming
the judgment ** of the Court of First Instance of
Bulacan, with modification of the amount of moral and
awarding
DECISION
that
loan
the
was
NATURE;
supra). Time and again the Court has ruled that "moral
6.
ID.;
ID.;
MORAL
DAMAGES;
Page 29 of 76
in the Office of the Register of Deeds of Bulacan and
108).
said
thereon from May 22, 1959 has not yet been fully paid
(Exhibits, p. 105).
defendant
as
part
payment
or
partial
Page 30 of 76
"(1)
(3)
8,
1962
plaintiffs
On
of
special
and
affirmative
defense
that
plaintiff
filed
an
answer
to
against them;
the
defendant-Third-party
plaintiff
by
way
of
of costs of plaintiff."
attorney's fees;
Page 31 of 76
fees. Petitioner spouses filed on March 7, 1970 their
without
prejudice
to
respondent's
53).
Page 32 of 76
On February 12, 1971 petitioners spouses again filed a
petition for issuance of a restraining order (Rollo, p.
227) and private respondent was required to comment
thereon (Rollo, p. 233). Said comment was filed on
February 23, 1971 (Rollo, p. 236).
III.
The respondent Court erred in sentencing herein
petitioners
P60,000.00
P5,000.00
de
Leons
moral
to
and
attorney's
pay
respondent
exemplary
fees
when
Tantoco
damages
there
exist
and
no
urgent
them.
manifestation
informing
the
Court
of
the
of
Bulacan
had
presumably
granted
which
petitioners
had
not
yet
received,
IV.
That the decision of respondent Court of Appeals of
February 21, 1970 and its adverse Resolutions of April
20, 1970 and of May 15, 1970 are all nullities.
injury.
Though
incapable
of
pecuniary
assign
the
following
errors
(Brief
for
Petitioners, p.1):
I.
The respondent Court erred in awarding in favor of
respondent Cornelio S. Tantoco moral and exemplary
damages in the amount of P60,000.00 in the absence of
supporting evidence and reasons notwithstanding that
no actual and compensatory damages have been
allegedly proved and awarded in respondent's favor.
II.
The respondent Court erred in awarding P5,000.00
attorney's fees in favor of respondent Cornelio S.
Tantoco and in sentencing petitioners de Leons to pay
same; instead of awarding the latter (Petitioners)
reasonable attorney's fees as prayed for in their
complaint.
SCRA
576
[1985]);
Prudenciado
v.
Alliance
depending
upon
the
amount
of
moral,
damages;
temperate,
and
(3)
liquidated
the
or
wrongful
compensatory
act
must
be
Page 33 of 76
Hua Liong Electrical Equipment Corporation v. Reyes,
filing
of
the
present
case
against
89,000.00
hereby
fixes
the
amount
of
P60,000.00
10,000.00
10,000.00
Kabuuan
P120,000.00
plaintiffs-appellants
should
pay
the
defendant-
first
mortgage
on
the
property.
Accordingly,
Page 34 of 76
the mortgage. Out of the P68,000.00 mortgage loan of
discharge
for
supra).
document.
The
documents
speak
filing
of
the
case
against
respondent
being
Association.
He
has
been
humiliated,
found
outstanding
on
balance
February
of
the
21,
disputed
that
loan
the
was
entitlement
to
moral
damages
having
been
damages is reduced
to
P25,000.00.
SO ORDERED.
Melencio-Herrera, Padilla, Sarmiento and Regalado, JJ.,
[1985]).
While the award of moral and exemplary damages in an
concur.
1970
said
respondent's
damages
entitlement
there
to
is
moral
no
question
and
of
exemplary
ACTUAL DAMAGES
THIRD DIVISION
[G.R. No. 69666. January 23, 1992.]
Page 35 of 76
plaintiff-
THE
PEOPLE
OF
THE
PHILIPPINES,
defendant-appellant.
SYLLABUS
Lamberto
reasonably
The
1.
2.
CRIMINAL
CIRCUMSTANCES;
LAW;
AGGRAVATING
TREACHERY;
CANNOT
BE
Abugan
offers
inferring
tense
and
that
hostile
no
sufficient
treachery
atmosphere
basis
for
attended
the
should
have
3.
as
adequately
that
murder.
the
prosecution's
commits
person,
established
Treachery
any
of
the
cannot
the
be
crimes
presence
appreciated
against
the
of
in
ID.;
JUSTIFYING
justifying
CIRCUMSTANCES;
circumstance,
evidence
were
appellant
weak,
it
in
SELF-
effect
cannot
be
Page 36 of 76
secondly,
because
the
trial
court
had
perceived
appellant to be a liar.
4.
in
the
Philippines
due
to
conditions
Philippines,
and
Honorable
Court,
within
armed
the
the
with
jurisdiction
above-named
a
knife
of
this
accused
(balisong),
with
ID.;
ID.;
DETERMINING
ACTUAL
THE
DAMAGES;
COMPENSABLE
RULE
IN
AMOUNT
OF
People
v.
Daniel
(supra);
and
Dangwa
the
accused
GUMERCINDO
QUILATON
Page 37 of 76
The Court further sentences him to indemnify the heirs
Appellant
who
remained
outside
the
office
later
refused,
but
on
instructions
of
Rolando
SO ORDERED." 2
the aggressor.
2.
report
indicated
that
Rolando
Manahan
sometimes
town.
with
women
brought
from
the
Page 38 of 76
he fell on the ground with the bag he was carrying, and
secondly,
appellant to be a liar.
in
self-defense
when
he
stabbed
Rolando
because
the
trial
court
had
perceived
Q.
town?
A.
Legaspi, sir.
Q.
Dalaguete, Cebu?
A.
Q.
A.
Q.
Q.
None, sir.
Q.
Page 39 of 76
A.
None, sir.
Q.
A.
No, sir.
Q.
A.
of
the
crimes
commission
of
the
crime.
On
the
contrary,
commits
against
the
person,
Manahan
testified
on
this
matter
and
jurisprudence
on
the
matter.
15
The
Civil Code:
"ARTICLE 2206.
Page 40 of 76
(1)
(2)
and
food
supply,
diet
consciousness
and
health
(3)
The
spouses,
legitimate
and
illegitimate
Lx
represent
Rolando
Manahan's
necessary
paralysis. 24
Page 41 of 76
WHEREFORE, the Decision of the Regional Trial Court,
Labor
guilty
of
HOMICIDE.
Applying
the
Indeterminate
imprisonment
for
an
indeterminate
period
2.
3.
4.
Relations
Commission
(NLRC)
against
the
foregoing,
we
find
and
so
rule
that
SO ORDERED.
to
his
former
position,
considering
the
strained
concur.
SEPARATION PAY
EN BANC
Date Hired
Rate
P198/day
Date of Decision
Length of Service
August 1990
P41,184.00
BACKWAGES
Date Dismissed
P196.00
Date of Decisions
a)
P62,986.56
Page 42 of 76
b)
P32,947.20
TOTAL =
xxx
Labor
P95,933.76
appear. 10
===========
xxx
Arbiter.
pre-execution
conference
was
xxx
1.
DSCIEa
separation pay;
2.
three
and
36/100
collect
(P95,933.36)
representing
his
backwages; and
3.
and
merit.
from
limited
respondents
backwages
of
the
total
amount
P95,933.36,
no
of
more
SO ORDERED. 4
Respondents
appealed to
the
NLRC,
but it
was
Resolution
dismissing
the
petition.
Consequently,
another
pre-execution
Page 43 of 76
The records of the case were again forwarded to the
LAW
IN
UPHOLDING
THE
QUESTIONED
26
decision,
the
same
is
not
final
until
the
petition.
The
CA
opined
that
since
Page 44 of 76
longer appealed the decision, petitioner is only entitled
to
allow
the
further
recomputation
of
the
for
Court
was
the
propriety
of
the
clarified, thus:
monetary
awards
and
at
all
events,
as
far
as
question
would
have
arisen
had
the
parties
the
petitioner
disagreed
with
the
labor
Page 45 of 76
which, in turn, affirmed the labor arbiter's decision. By
CA on jurisdictional grounds.
only
the
computation
of
monetary
the
Labor
Arbiter's
decision.
Article
279
effectively
relationship
ended
declares
so
that
that
the
employment
separation
pay
and
II.
1.
which
may
have
been
stipulated
in
writing.
Page 46 of 76
per annum to be computed from default, i.e., from
2.
Section 2.
be
established
with
reasonable
certainty.
the
time
the
claim
is
made
judicially
or
of
Regulations
for
Banks
and
Sections
only
be
applied
prospectively
and
not
Section 1.
Page 47 of 76
Nonetheless, with regard to those judgments that have
therein.
3.
799, as follows:
I.
provisions
under
Title
XVIII
on
II.
The
1.
(1)
which
may
have
been
stipulated
in
writing.
be
established
with
reasonable
certainty.
the
time
the
claim
is
made
judicially
or
(2)
to May 27, 2002 at the rate of one month pay per year
of service; and
(3)
Page 48 of 76
stipulated in writing. Furthermore, the interest due
EN BANC
COURT
OF
APPEALS
AND
MERCANTILE
SYLLABUS
can
from
Phil. 863).
1.
2.
131
SCRA
365).
There
are,
of
course,
be
established
the
time
the
with
claim
reasonable
is
made
certainty.
judicially
or
Page 49 of 76
The findings of the court a quo, adopted by the Court of
and
"On
14,
1982,
defendant
Allied
Whether
or
not
the
shipment
sustained
losses/damages;
'2.
L). Cdpr
'3.
Page 50 of 76
were shipped in good order and condition, as clearly
A.
severally:
1.
the losses/damages
LexLib
were
2.
3.
Costs.
B.
adulterated/faked
contents.
It
is
obvious,
while
in
the
successive
possession
of
DECISION;
hereby rendered:
Page 51 of 76
II.
RATE
PRIVATE
INDISPUTABLY
OF
SIX
PERCENT
RESPONDENT'S
CLAIM
PER
ANNUM,
BEING
UNLIQUIDATED.
operator
with
the
obligation
of
properly
do
not,
of
course,
imply
by
the
above
passed
Fund
upon
by
the
Court.
In
Fireman's
Page 52 of 76
to P3,947.20. This demand, however, was neither
"(g)
defendants
and
third
party
plaintiffs."
(Emphasis
supplied.)
Code,
interest
'cannot
be
recovered
upon
and
not
known
until
definitely
Resolution
No.
1622
dated
July
29,
1974,
has
"The
judgments
spoken
of
and
referred
to
are
...
xxx
Page 53 of 76
"xxx
xxx
xxx
defendants
(except
Roman
Ozaeta)."
(Emphasis supplied).
respondent
Pedro
Manabat
actual
and
and
considering
the
special
and
Page 54 of 76
The
subsequent
case
of
American
Express
damages,
thereon
with
six
(6%)
percent
interest
and
exemplary
damages
without,
however,
forbearance
of
money,
goods
or
credits
but
for
the
properties
expropriated
is
Page 55 of 76
involved and the corresponding rulings rendered by the
amount is paid.
guidance.
known
until
definitely
may
have
been
stipulated
in
writing.
21
and
1.
'unliquidated
I.
No
interest,
however,
shall
be
adjudged
on
demand
certainty.
26
can
be
established
Accordingly,
where
with
the
reasonable
demand
is
Page 56 of 76
begin to run from the time the claim is made judicially
Quisumbing,
respondent.
decision
is
AFFIRMED
with
the
1.
record,
or
by
his
deputy,
and
AUTHORIZING
LAW
OVERBOOKING,
TESTIMONY
OF
OR REGULATION
NOT
PROVED
RESPONDENT'S
BY
AIRLINE
AIRLINES,
INC.,
respondents.
petitioners.
the
Salazar,
of
SECOND DIVISION
Sycip,
AND
private-
MERE
APPEALS
for
SO ORDERED.
Evangelista
2.
&
SYLLABUS
Torres
3.
Hernandez,
Gatmaitan
for
Page 57 of 76
is issued in such State by the defendant airline. Since
policies
4.
whether
or
not
said
policies
were
AMOUNTS
TO
BAD
FAITH.
In
fact,
existing
but
ID.;
disregard
of
petitioners'
rights
makes
OF
NOT
LESS
exemplary
STIPULATIONS
ID.;
ON
PRIORITY
NON-INCORPORATION
OVERBOOKING
TO
AND
DISCOUNTED
IN
TICKET,
should
have
incorporated
stipulations
on
damages
would
suffice
under
the
ID.;
ID.;
PASSENGER
ENTITLED
TO
Page 58 of 76
Civil Code, respondent TWA should, therefore, be
notice
of
the
reconfirmation
of
their
on
the
wait-list
because
the
number
of
the
flight
Civil
Code
which
allows
recovery
when
the
to
Los
Angeles,
including
petitioner
Cesar
DECISION
NOCON, J p:
Metro
Manila,
Branch
145.
Advocating
Page 59 of 76
Suthira and Liana Zalamea from American Airlines, to
"(2)
follows:.
"(3)
Two
Hundred
Fifty
Thousand
Pesos
"SO ORDERED." 2
On appeal, the respondent Court of Appeals held that
"(6)
"(1)
"(5)
"(4)
"SO ORDERED." 4
allowed
under
the
Code
of
Federal
bad
faith
could
be
imputed
on
respondent
TransWorld Airlines.
I.
". . . IN HOLDING THAT THERE WAS NO FRAUD OR
BAD FAITH ON THE PART OF RESPONDENT TWA
BECAUSE IT HAS A RIGHT TO OVERBOOK FLIGHTS.
II.
denied
DAMAGES.
accommodation
on
an
overbooked
flight,
III.
". . . IN NOT ORDERING THE REFUND OF LIANA
ZALAMEA'S TWA TICKET AND PAYMENT FOR THE
AMERICAN AIRLINES TICKETS." 5
That there was fraud or bad faith on the part of
respondent airline when it did not allow petitioners to
board their flight for Los Angeles in spite of confirmed
tickets cannot be disputed. The U.S. law or regulation
Page 60 of 76
allegedly
been
custody
authorizing
of
the
overbooking
record,
or
by
has
his
never
deputy,
and
cdll
Thus,
respondent
court's
finding
that
In
Pan
American
World
Airways,
Inc.
v.
from
immigration
all
clearly
and
damages.
jurisprudence
that
the
overbooking
amounts
to
explicitly
states
bad
entitling
faith,
Page 61 of 76
consideration entitles the passenger to an award of
moral damages. 13
should
have
incorporated
stipulations
on
disregard
of
petitioners'
rights
makes
and
are
the
airline
reasonable
system
policies,
of
boarding
which
when
priorities
but
whether
or
not
said
policies
were
Page 62 of 76
had to buy for a flight on another airline. Thus, instead
of simply being refunded for the cost of the unused TWA
tickets, petitioners should be awarded the actual cost of
Trial
Antique;
Court,
Sixth
THE
Judicial
PEOPLE
OF
Region,
THE
San
Jose,
PHILIPPINES,
Comelec
respondent.
would
suffice
under
the
circumstances
Legal
Assistance
Officer
for
private
SYLLABUS
1.
REMEDIAL
LAW;
APPEAL;
ACCUSED
MAY
(1)
(3)
(4)
(5)
SO ORDERED.
concur.
THIRD DIVISION
Page 63 of 76
wherein no civil liability arises on the part of the
offender either because there are no damages to be
compensated or there is no private person injured by
the crime. In the ultimate analysis, what gives rise to
the civil liability is really the obligation of everyone to
repair or to make whole the damage caused to another
by reason of his act or omission, whether done
intentionally
punishable
or
by
negligently
law.
In
the
and
whether
case
at
bar,
or
not
private
DECISION
FERNAN, C.J p:
On May 31, 1979, herein petitioner Eulogio Occena
instituted before the Second Municipal Circuit Trial
Court of Sibalom-San Remigio-Belison, Province of
Antique, Criminal Case No. 1717, a criminal complaint
for Grave Oral Defamation against herein private
respondent
Cristina
Vegafria
for
allegedly
openly,
for
prosecutor.
damages
actively
intervened
thru
private
the
trial
court's
opinion
that
"the
facts
and
that
every
defamatory
imputation
is
criminal aspect.
Page 64 of 76
"SO ORDERED." 2
of
private
respondent's
civil
liability;
and
the instant case, the decision of the trial court has not
the
same
cause.
Tan,
on
the
other
hand,
damages
or
because
the
award
made
is
not
lower court.
dependent
upon
the
other.
Thus,
private
Page 65 of 76
Chapter on Human Relations and the provisions
It
must
be
remembered
that
every
defamatory
upon us.
of
the
Regional
Trial
Court
is
hereby
SECOND DIVISION
MORAL DAMAGES
Page 66 of 76
PHILIPPINE AIR LINES, petitioner, vs. FLORANTE A.
MIANO, respondent.
SYLLABUS
1.
"BAD
CIVIL LAW;
FAITH"
DAMAGES;
MUST
BE
MORAL DAMAGES;
SUBSTANTIATED
BY
ID.;
ID.;
WHEN
AVAILABLE;
RULE;
NOT
ID.;
ID.;
EXEMPLARY
DAMAGES;
is
that
the
defendant
acted
in
wanton,
ID.;
ID.;
RECOVERED
AS
ATTORNEY'S
PART
OF
FEES;
CANNOT
DAMAGES;
BE
REASON
Manager
Administration
of
Airport
Services
Page 67 of 76
damages
and
attorney's
fees
for
want
of
legal
Petitioner
On
August
31,
1988,
private
respondent
took
filed
Third-Party
Complaint
against
sweaters,
shirts,
pants,
shoes,
and
other
accessories. 3
Upon
private
respondent's
arrival
at
Vienna
via
delivered
him
in
his
hotel
in
Piestany,
(a)
U.S.
$200.00
as
cost
of
transporting
the
(c)
(d)
SO ORDERED." 5
Hence, this petition for review.
In breach of contract of carriage by air, moral damages
to
In
November
1988,
private
respondent
wrote
private
respondent
that
his
letter
was
unheeded.
Damages
Manager
He
instituted
an
action
for
for
Administration
of
Airport
Services
Page 68 of 76
his baggage upon his arrival. 9 It was reasonable to
defendant
acted
in
wanton,
fraudulent,
xxx
respondent
(private
respondent)
in
his
assist
that
to
xxx
xxx
xxx
xxx
was
compelled
to
litigate
and
incur
LIQUIDATED DAMAGES
Page 69 of 76
or unconsciounable. Further, Art. 1229 provides that in
THIRD DIVISION
JISON
and
equitably reduce
SALVACION
I.
JISON,
the
principal
for respondents.
SYLLABUS
1.
thereof
private
by
as
petitioners
notarial
act,
were
private
informed
respondent's
by
letter
being
basis.
2.
CONTRACT
REASON.
CONSIDERED
Since
the
FAIR
contract
SETTLEMENT;
price
is
only
on
October
1,
1966,
November
1,
1966,
Page 70 of 76
attention to the fact that their account was four months
NOT
respondent
reminded
petitioner
of
the
automatic
due,
thereby
making
their
account
Thus,
petitioners
countered
by
filing
ordering
petitioners
to
pay
THAT
PETITIONERS
HAVE
II
THE HONORABLE COURT OF APPEALS ERRED IN
HOLDING THAT THE CONTRACT TO SELL MAY BE
AUTOMATICALLY
RESCINDED
AND
PRIVATE
petitioner
HOLDING
IS
AND
CONTRARY
TO
LAW,
UNCONSCIONABLE.
HIGHLY
[Petitioners'
support
the
rescission
and
forfeiture
private
which reads:
This
contract
shall
be
considered
automatically
former's decision.
case the Vendor shall have the right to resell the said
Page 71 of 76
kind, hereby also agreeing in this connection, to
forthwith
was
vacate
the
said
property
or
properties
the
rule,
as
held
in
previous
xxx
inoperative
against
private
xxx
xxx
settled
and
Well
ineffective
xxx
was
respondents
to
ineffective
give
for
failure
petitioners
notice
of
private
thereof
as
without
informing
the
buyer
of
the
Page 72 of 76
While the resolution of the contract and the forfeiture of
FRANCE,
petitioner,
vs.
THE
COURT
OF
THE
APPELLATE
COURT
NOT
SUPPORTED
BY
Page 73 of 76
reason for the Court to review the appellate court's
decision.
2.
DAMAGES;
SUFFICIENT
PROOF
OF
CAUSAL
CONNECTION
TO
DEFENDANT'S
markings
CARRIER
"ITINERARY
3.
New York/Paris
Paris/Stockholm
in
Hamburg
informed
private
respondent that his tickets were partly stamped "nonendorsable" and "valid on Air France only." Mere refusal
to accede to the passenger's wishes does not necessarily
translate into damages in the absence of bad faith. To
our mind, respondent has failed to show wanton,
malevolent
or
reckless
misconduct
imputable
to
Air France
NONENDORSABLE
None
London/Amsterdam None
Amsterdam/HamburgNone
Humburg/Frankfurt None
Frankfurt/Paris
Air France
NONENDORSABLE
VALID ON AF ONLY
Paris/Geneva Air France
NONENDORSABLE
VALID ON AF ONLY
Geneva/Madrid
Madrid/Nice
NONENDORSABLE
Copenhagen/London None
Air France
Stockholm/Copenhagen
PADILLA, J p:
This is a petition for review on certiorari of the decision
RESTRICTIONS
VALID ON AF ONLY
SPECIFIED
VALID ON AF ONLY
EXPRESS
None
Air France
NONENDORSABLE
VALID ON AF ONLY
Nice/Rome
Air France
NONENDORSABLE
VALID ON AF ONLY
Rome/Athens None
Page 74 of 76
Athens/Tel Aviv
None
Geneva/Rome AZ
Tel Avive/Bangkok
Air France
NONENDORSABLE
VALID ON AF ONLY
Bangkok/Manila
(Alitalia)
Rome/Hongkong
Air France
NONENDORSABLE
VALID ON AF ONLY" 1
Morales
obtained
Hongkong/Manila
three
(3)
medical
respondent's
the
protest
request
and
was
offer
denied.
to
pay
Despite
any
fare
CarrierDate
Reservation
26 Nov.OK
(Lufthansa)
(Swissair)
OK
PR
Open
Open
(Philippine Airlines)" 3
Upon arrival in Manila, respondent sent a lettercomplaint to Air France dated 20 December 1977 thru
Aspac Management Corporation. Respondent Morales
was advised to surrender the unused flight coupons for
a refund of its value, but he kept the same and, instead,
filed a complaint for breach of contract of carriage and
damages.
CFI Judge Marcelino Sayo found Air France in evident
bad faith for violation of the contract of carriage,
aggravated by the threatening attitude of its employees
in Hamburg. Considering the social and economic
directors of a multi-million corporation and a member
of several civic and business organizations, an award of
moral and exemplary damages, in addition to the actual
damages incurred, was deemed proper under the
circumstances. The dispositive part of the CFI decision
states:
WHEREFORE, this Court hereby renders judgment for
the plaintiff and orders the defendant to pay to the
plaintiff the sum of 1,914 German Marks, in its
equivalent in Philippine Peso, as actual damages, the
sum of P1,000,000.00 as moral damages, and the
further sum of P800,000.00 as exemplary damages,
with legal interest thereon from date of the filing of the
complaint until fully paid, plus the sum equal to 20%
Hamburg/Frankfurt LH
Frankfurt/Geneva
02 Dec.
route.
BA
(British Airways)
29 Nov.OK
SR
26 Nov.OK
Page 75 of 76
defendant ordering there defendant to pay to said
different airlines.
(1)
(2)
(3)
(4)
5%
of
the
amount
of
actual,
moral
fees." 5
1.
Rome,
Hongkong
and
Manila
which
fees.
request.
parties
to
file
their
respective
memoranda.
court's decision. 6
Page 76 of 76
In KLM Royal Dutch Airlines v. CA, 12 the Court
observed
wanton,
malevolent
or
reckless
misconduct
ticket. cdrep
in
question
by
which
KLM
unilaterally
employees
in
Hamburg
informed
private
the
judgment
appealed
from
is