Napoleon M. Cruz v. Spouses Mariano Basister

Summary

Napoleon Cruz sought reconsideration of the Supreme Court's denial of his petition challenging the Court of Appeals' decision holding him liable for temperate damages. Cruz argued that the Compromise Agreement between his insurer and the injured parties, plus the withdrawal of the case against his co-defendant, released him from liability under Article 1217 of the Civil Code. The Supreme Court denied the motion, distinguishing between the contractual liability of the insurer and the tort liability of the insured. The Court held that the insurer cannot be solidarily liable with the insured, and that the Compromise Agreement covered only property damage, not other claims like loss of earnings. The Court affirmed that temperate damages may be awarded when pecuniary loss is proven but its exact amount cannot be established with certainty.