Mariano L. del Mundo v. Hon · G.R. 104576

Petitioner: Mariano L. del Mundo
Respondent: Hon. Court of Appeals
Citation: G.R. No. 104576
Court: Supreme Court
Division: Third Division
Ponente: Vitug, J.
Decided: January 20, 1995

Summary

This case involves a failed joint venture agreement between property owners (Franciscos) and a resort operator (Del Mundo). Del Mundo obtained a P265,000.00 bank loan secured by the Franciscos' property through a Special Power of Attorney, but the joint venture did not materialize. The Franciscos sued for annulment of the mortgage and damages. The trial court and Court of Appeals awarded P200,000.00 in actual and moral damages, but the Supreme Court modified this by deleting the damages award, finding insufficient legal basis. The Court emphasized that actual damages must be proven with reasonable certainty and moral damages require specific injury under Civil Code provisions. The decision affirmed the annulment of the mortgage but rejected the substantial damages award for lack of proper justification.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Francisco v. Ferrer, Jr. G.R. No. 142029
Far East Bank v. The Honorable Court of Appeals G.R. No. 108164
Gemma A. Vda. de Liwag v. Rudy P. Cruz [Deceased] G.R. No. 259415
Dr. Enrique T. Ona v. Northstar International Travel G.R. No. 209581
Philippine Airlines v. Vicente Lopez, Jr. G.R. No. 156654
Teodoro I. Chavez v. Hon. Court of Appeals G.R. No. 159411
Spouses Danilo Febrero v. Spouses Rodolfo Febrero G.R. No. 262227

By Intellegal Editorial Board · January 20, 1995

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