Article 2217.
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act
for omission.
VICTOR KIERULF, LUCILA H. KIERULF and PORFIRIO LEGASPI ICTOR KIERULF, LUCILA H. KIERULF and PORFIRIO
LEGASPI, petitioners ,v s .. THE COURT OF APPEALS and PANTRANCO NORTH THE COURT OF APPEALS and
PANTRANCO NORTH EEXPRESS, INCORPORATED
Facts:
That at about 7:45 p.m. of 28 February 1987, the Pantranco bus, bearing plate number AVE-845 (TB PIL 86), was
traveling along Epifanio de los Santos Avenue (EDSA) from Congressional Avenue towards Clover Leaf, Balintawak.
Before it reached the corner of Oliveros Drive, the driver lost control of the bus, causing it to swerve to the left,
and then to fly over the center island occupying the east-bound lane of EDSA. The front of the bus bumped the
front portion of an Isuzu pickup driven by Legaspi, which was moving along Congressional Avenue heading towards
Roosevelt Avenue. As a result, the points of contact of both vehicles were damaged and physical injuries were
inflicted on Legaspi and his passenger Lucila Kierulf, both of whom were treated at the Quezon City General
Hospital. The bus also hit and injured a pedestrian who was then crossing EDSA. Despite the impact, said bus
continued to move forward and its front portion rammed against a Caltex gasoline station, damaging its building
and gasoline dispensing equipment. As a consequence of the incident, Lucila suffered injuries, as stated in the
medical report of the examining physician, Dr. Pedro P. Solis of the Quezon City General Hospital. The injuries
sustained by Lucila required major surgeries like "tracheotomy, open reduction, mandibular fracture,
intermaxillary repair of multiple laceration" and prolonged treatment by specialists. Per medical report of Dr. Alex
L. Castillo, Legaspi also suffered injuries. The front portion of the pickup truck, owned by Spouses Kierulf, bearing
plate number UV PGS 798, was smashed to pieces. The cost of repair was estimated at P107,583.50. Pantranco, in
its petition, adds that on said day, the abovementioned bus was driven by Jose Malanum. While cruising along
EDSA, a used engine differential accidentally and suddenly dropped from a junk truck in front of the bus. Said
differential hit the underchassis of the bus, throwing Malanum off his seat and making him lose control of said bus.
The bus swerved to the left, hit the center island, and bumped the pickup of the spouses.
Issue:
Whether or not the damages awarded, more particularly moral damages, to Kierulf was sufficient
Held:
Supreme Court said NO.
The Decision appealed from is AFFIRMED with MODIFICATION. The award of moral damages to Lucila and Legaspi
is hereby INCREASED to P400,000.00 and P50,000.00 respectively; exemplary damages to Lucila is INCREASED to
P200,000.00. Legaspi is awarded exemplary damages of P50,000.00. The amount of P16,500.00 as actual or
compensatory damages is also GRANTED to Legaspi. All other awards of Respondent Court of Appeals are
AFFIRMED. Pantranco shall also PAY legal interest of 6% per annum on all sums awarded from the date of
promulgation of the decision of the trial court, May 24, 1989, until actual payment.
In order that moral damages may be awarded, there must be pleading and proof of moral suffering, mental
anguish, fright and the like. While no proof of pecuniary loss is necessary in order that moral damages may be
awarded, the amount of indemnity being left to the discretion of the court, it is nevertheless essential that the
claimant should satisfactorily show the existence of the factual basis of damages and its causal connection to
defendant's acts. This is so because moral damages, though incapable of pecuniary estimation, are in the category
of an award designed to compensate the claimant for actual injury suffered and not to impose a penalty on the
wrongdoer. In F r a n cis c o v s . G S I S , the Court held that there must be clear testimony on the anguish and
other forms of mental suffering. Thus, if the plaintiff fails to take the witness stand and testify as to his/her social
humiliation, wounded feelings and anxiety, moral damages cannot be awarded. In C o c ola n d D e v elo p m e n t C
o r p o r a tio n v s . National Labor Relations Commis sion , the Court held that "additional facts must be pleaded
and proven to warrant the grant of moral damages under the Civil Code, these being, . . . social humiliation,
wounded feelings, grave anxiety, etc., that resulted therefrom." Moral damages are awarded to enable the injured
party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he/she has
undergone, by reason of the defendant's culpable action. Its award is aimed at restoration, as much as possible, of
the spiritual s t a t u s q u o a n t e ; thus, it must be proportionate to the suffering inflicted. Since each case must
be governed by its own peculiar circumstances, there is no hard and fast rule in determining the proper amount.
The yardstick should be that the amount awarded should not be so palpably and scandalously excessive as to
indicate that it was the result of passion, prejudice or corruption on the part of the trial judge. Neither should it be
so little or so paltry that it rubs salt to the injury already inflicted on plaintiffs.
THE ESTABLISHED GUIDELINES IN AWARDING MORAL DAMAGES. —
The established guideline in awarding moral damages takes into consideration several factors, some of which are
the social and financial standing of the injured parties and their wounded moral feelings and personal pride. This
Court cannot remind the bench and the bar often enough that in order that moral damages may be awarded,
there must be pleading and proof of moral suffering, mental anguish, fright and the like. While no proof of
pecuniary loss is necessary in order that moral damages may be awarded, the amount of indemnity being left to
the discretion of the court, it is nevertheless essential that the claimant should satisfactorily show the existence of
the factual basis of damages and its causal connection to defendant's acts. This is so because moral damages,
though incapable of pecuniary estimation, are in the category of an award designed to compensate the claimant
for actual injury suffered and not to impose a penalty on the wrongdoer. In F r a n cis c o v s . G S I S , the Court
held that there must be clear testimony on the anguish and other forms of mental suffering. Thus, if the plaintiff
falls to take the witness stand and testify as to his/her social humiliation, wounded feelings and anxiety, moral
damages cannot be awarded. In C o c ola n d D e v elo p m e n t C o r p o r a tio n v s . N a tio n al L a b o r R ela tio n
s C o m mis sio n , the Court held that "additional facts must be pleaded and proven to warrant the grant of moral
damages under the Civil Code, these being, . . . social humiliation, wounded feelings, grave anxiety, etc., that
resulted therefrom."
