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BY AYIN DREAM D. APLASCA
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IN A LATEST decision, the Supreme Court (SC) granted the appeal of passengers Dionisio Estrada and wife Jovita deleting the moral damages awarded by the Regional Trial Court (RTC) of Urdaneta City, Pangasinan but ordered the payment of temperate damages worth P500,000.
The SC ruled that the Philippine Rabbit was not liable for moral damages because the spouses failed to show that the bus liner was guilty of fraud or bad faith. However, the Court can still grant temperate damages because Estrada established that he lost his arm.
The question is: When is a party entitled to moral and temperate damages?
Moral damages are awarded to enable the injured party to obtain means, diversion or amusement that will alleviate the moral suffering he has undergone, by reason of the defendant’s culpable action.
In this kind of damages, no pecuniary loss is necessary. The calculation is left to the discretion of the court according to the circumstances of each case. However, there must be proof that the defendant caused physical suffering and other circumstances.
Based on the case of Ragasa vs. Trava (GR No. L-20081), as a general rule, the factual basis must be alleged. It is also necessary to prove the causal relation to the defendant’s act. Exception to this is moral damages awarded in criminal cases. It may be awarded to the victim in criminal proceedings in such amount as the court deems just without need for pleading or proof of the basis thereof.
Temperate damages are awarded when the court is convinced that there has been such a loss, the judge is empowered to calculate moderate damages rather than let the complainant suffer without redress.
Like moral damages, no proof of pecuniary loss is necessary. This kind of damage may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty.
In the case of spouses Estrada vs. Philippine Rabbit, the Court restates two principles in the grant of damages. First, moral damages, as a general rule, are not recoverable in an action for damages predicated in breach of contract. Second, temperate damages in lieu of actual damages for loss of earning capacity may be awarded where earning capacity is plainly established but no evidence was presented to support the allegation of the injured party’s actual income.
Thus, in this case, the Court granted temperate damages plus six percent from the finality of the decision.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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