- Petitioner
- Leticia Tan
- Respondent
- Omc Carriers
- Citation
- G.R. No. 190521
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Brion, J.
- Decided
- January 12, 2011
Summary
The Supreme Court partially granted the petition of the heirs of Celedonio Tan, who was killed when a truck owned by OMC Carriers and driven by Bonifacio Arambala crashed into his house after losing its brakes. The Court affirmed the lower courts' findings of gross negligence but modified the damages award. Significantly, the Court awarded temperate damages under Article 2224 of the Civil Code in lieu of actual damages for both property destruction (P200,000) and loss of earning capacity (P300,000), recognizing that while pecuniary loss occurred, the exact amount could not be proven with certainty due to lack of receipts and documentary evidence of income. The decision clarifies the application of temperate damages as an alternative remedy when actual damages cannot be precisely quantified but loss is evident. The Court also sustained exemplary damages for gross negligence and awarded attorney's fees, emphasizing the deterrent effect of such awards while ensuring they remain reasonable and proportionate.
Intellegal Wiki · Key Holding
Partially granted the petition, awarding temperate damages under Civil Code Article 2224 for both property loss (P200,000) and loss of earning capacity (P300,000) where the exact pecuniary loss could not be proven but was evident, and affirming exemplary damages and attorney's fees under Article 2208.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.