G.R. No.

99301 March 13, 1997 Under the third cause of action, to pay Porfirio Legaspi the
following:
VICTOR KIERULF, LUCILA H. KIERULF and PORFIRIO LEGASPI, petitioners,
vs. (1) For moral damages in the amount of P25,000.00;
THE COURT OF APPEALS and PANTRANCO NORTH EXPRESS,
INCORPORATED, respondents. (2) To reimburse the plaintiff the amount of P6,328.19 for actual
damages incurred in the treatment and hospitalization of the driver
G.R. No. 99343 March 13, 1997 Porfirio Legaspi.

PANTRANCO NORTH EXPRESS, INCORPORATED, petitioner, The defendant is further ordered to pay the amount of P50,000.00
vs. as fair and reasonable attorney's fees.
VICTOR KIERULF, LUCILA H. KIERULF and PORFIRIO LEGASPI, respondents.
And to pay the costs of suit.
PANGANIBAN, J.:
Respondent Court of Appeals modified the decision of the Regional Trial Court of
How much moral, exemplary and actual damages are victims of vehicular accidents Quezon City, Branch 92, 4 rendered on May 24, 1989 in Civil Case No. Q-50732 for
entitled to? damages. The dispositive portion of the said decision is quoted below: 5

In G.R. No. 99301, the victims of the vehicular mishap pray for an increase in the WHEREFORE, in view of the foregoing, judgment is hereby
award of damages, over and above those granted by the appellate court. In this case, rendered against the defendant, ordering Pantranco to pay:
the husband of the victim of the vehicular accident claims compensation/damages for
the loss of his right to marital consortium which, according to him, has been Under the First Cause of Action
diminished due to the disfigurement suffered by his wife. In G.R. No. 99343, the
transport company which owned the bus that collided with the victims' pickup truck,
asks for exoneration by invoking an alleged fortuitous event as the cause of the 1. In favor of plaintiff Lucia H. Kierulf actual damages in the amount
mishap. on ONE HUNDRED SEVENTY FOUR THOUSAND ONE
HUNDRED and 77/100 (P174,100.77) PESOS;
Petitioners in both cases assail the Decision, 1 dated March 13, 1991, in CA-GR CV
No. 23361 of the Court of Appeals, Sixth Division 2 ordering the following: 3 2. To pay said plaintiff moral damages in the amount of ONE
HUNDRED THOUSAND and 00/100 (P100,000.00) PESOS;
For reasons indicated and in the light of the law and jurisprudence
applicable to the case at bar, the judgment of the trial court is 3. To pay exemplary damages in the amount of TEN THOUSAND
hereby modified as follows: and 00/100 (P10,000.00) PESOS.

Under the first cause of action, the defendant is hereby ordered to Under the Second Cause of Action
pay Lucila H. Kierulf the following:
1. To pay plaintiff Victor Kierulf the amount of NINETY SIX
(1) For actual damages incurred for hospitalization, medical case THOUSAND EIGHT HUNDRED TWENTY FIVE and 15/100
(sic) and doctor's fees, the sum of P241,861.81; (P96,825.15) PESOS by way of indemnification for the damages to
the Isuzu Carry All with plate No. UV PGS 796 registered in his
name.
(2) For moral damages the sum of P200,000.00;
Under the Third Cause of Action
(3) For exemplary damages the amount of P100,000.00.
1. To pay the plaintiff spouses by way of reimbursement for actual
Under the second cause of action, to pay Victor Kierulf, by way of damages incurred for the treatment of injuries sustained by their
indemnification damage to the Isuzu Carry All with plate No. UV driver Porfirio Legaspi in the amount of SIX THOUSAND THREE
PGS 798, the amount of P96,825.15. HUNDRED TWENTY EIGHT and 19/100 (P6,328.19) PESOS; and
 2. To pay plaintiff Porfirio Legaspi moral damages in the amount of The Issues
TEN THOUSAND and 00/100 (P10,000.00) PESOS.
Spouses Kierulf and their driver Legaspi raise the following assignment of errors in
Defendant is further ordered to pay the amount of P25,000.00 for this appeal: 9
and as attorney's fees, and to pay costs.
A
All other claims and counterclaims are dismissed.
The respondent court of appeals erred in awarding only
The Facts P200,000.00 and P25,000.00 as and for moral damages for the
petitioners Kierulf and Legaspi respectively when it should at least
The following may be culled from the undisputed factual findings of the trial court and have been P1,000,000.00 and P100,000.00 respectively.
Respondent Court of Appeals:
B
The initial investigation conducted by Pfc. D.O. Cornelio disclosed that at about 7:45
p.m. of 28 February 1987, the Pantranco bus, bearing plate number AVE-845 (TB PIL The respondent court of appeals erred in awarding only
86), was traveling along Epifanio de los Santos Avenue (EDSA) from Congressional P100,000.00 to the petitioners Kierulf and nothing to petitioner
Avenue towards Clover Leaf, Balintawak. Before it reached the corner of Oliveros Legaspi as and for exemplary damages when it should have at
Drive, the driver lost control of the bus, causing it to swerve to the left, and then to fly least been P500,000.00 and P50,000.00 respectively.
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 C
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 The respondent court of appeals erred in not awarding any amount
Quezon City General Hospital. The bus also hit and injured a pedestrian who was for the lost income due to the petitioner Lucila H. Kierulf.
then crossing EDSA.
D
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 The respondent court of appeals erred in not awarding the amount
equipment. of P107,583.50 for the damages sustained by the Isuzu carry-all
pick-up truck.
As a consequence of the incident, Lucila suffered injuries, as stated in the medical
report 6 of the examining physician, Dr. Pedro P. Solis of the Quezon City General E
Hospital. The injuries sustained by Lucila required major surgeries like "tracheotomy,
open reduction, mandibular fracture, intermaxillary repair of multiple laceration" and The respondent court of appeals erred in not awarding any legal
prolonged treatment by specialists. Per medical report of Dr. Alex L. Castillo, Legaspi interest on the sums awarded.
also suffered injuries. 7
10
On the other hand, Pantranco raises the following assignment of errors:
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. 4.1 The Honorable Court of Appeals erred in holding that the driver
of Pantranco was negligent.
Pantranco, in its petition, 8 adds that on said day, the above-mentioned bus was
driven by Jose Malanum. While cruising along EDSA, a used engine differential 4.2 The Honorable Court of Appeals erred in holding that the
accidentally and suddenly dropped from a junk truck in front of the bus. Said proximate cause of the accident was the negligence of Pantranco
differential hit the under chassis of the bus, throwing Malanum off his seat and and not a fortuitous event; 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. 4.2 (sic) The Honorable Court of Appeals erred in awarding
excessive damages.
In sum, Spouses Kierulf and Legaspi argue that the damages awarded were such force as to smash the front of such vehicle and finally being
inadequate while Pantranco counters that they were astronomical, bloated and not forced to stop by bumping against a Caltex service station — all
duly proved. 11 show not only negligence, but recklessness of the defendant's
driver. (4) If defendant's driver was not driving fast, was not
The Court's Ruling recklessly negligent and had exercised due care and prudence,
with due respect to human life and to others travelling in the same
place, the driver could have stopped the bus the moment it crossed
First Issue: Negligence and Proximate the island, and avoided crossing over to the other lane and
Cause Are Factual Issues bumping against vehicles travelling in opposite direction. The
defendant's driver did not take any evasive action and utterly failed
Even on appeal, Pantranco insists that its driver was not negligent and that the to adopt any measure to avoid injuries and damage to others
mishap was due to a fortuitous event. February 28, 1987, the date of the incident, because he "lost control of the bus", which was like a juggernaut,
was a Saturday; hence, driving at the speed of 40-50 kilometers per hour (kph) was let loose in a big crowd, smashing everything on its path.
prudent. It contends that the proximate cause was the accidental dropping of a used
engine differential by a junk truck immediately ahead of the bus. 12 Second Issue: Moral Damages

As to what really caused the bus to careen to the opposite lane of EDSA and collide Complainants aver that the moral damages awarded by Respondent Court are
with the pickup truck driven by Legaspi is a factual issue which this Court cannot pass "clearly and woefully not enough." The established guideline in awarding moral
upon. As a rule, the jurisdiction of this Court is limited to the review of errors of damages takes into consideration several factors, some of which are the social and
law allegedly committed by the appellate court. This Court is not bound to analyze financial standing of the injured parties and 17 their wounded moral feelings and
and weigh all over again the evidence already considered in the proceedings personal pride. 18 The Kierulf spouses add that the Respondent Court should have
below. 13 considered another factor: the loss of their conjugal fellowship and the impairment or
destruction of their sexual life. 19
Although the Court may review factual issues in some instances, 14 the case at bar
does not fall under any one of them. The fact that there is no conflict between the The spouses aver that the disfigurement of Lucila's physical appearance cannot but
findings of the trial court and respondent Court bolsters our position that a review of affect their marital right to "consortium" which would have remained normal were it
the facts found by respondent Court is not necessary. 15 There being no conflict not for the accident. Thus, the moral damages awarded in favor of Lucila should be
between the findings of the Court of Appeals and the trial court that gross negligence increased to P1,000,000.00, not only for Lucila but also for her husband Victor who
was the real cause of the collision, we see no reason to digress from the standard also suffered "psychologically." A California case, Rodriguez vs. Bethlehem Steel
rule. Corporation, 20 is cited as authority for the claim of damages by reason of loss or
marital consortium, i.e. loss of conjugal fellowship and sexual relations. 21
We quote with concurrence the factual findings of the appellate and trial courts,
showing that the accident was, contrary to the belief of Pantranco, the result of the Pantranco rebuts that Victor's claim of moral damages on alleged loss of consortium
gross negligence of its driver. To wit: 16 is without legal basis. Article 2219 of the Civil Code provides that only the person
suffering the injury may claim moral damages. Additionally, no evidence was adduced
The vehicular accident was certainly not due to a fortuitous event. to show that the consortium had indeed been impaired and the Court cannot presume
We agree with the trial court's findings that the proximate cause that marital relations disappeared with the accident. 22
was the negligence of the defendant's driver, such as: (1) Driving at
that part of EDSA at 7:45 P.M. from Congressional Avenue towards The Courts notes that the Rodriguez case clearly reversed the original common law
Clover Leaf overpass in the direction of Balintawak at 40-50 kph is view first enunciated in the case of Deshotel vs. Atchison, 23 that a wife could not
certainly not a manifestation of good driving habit of a careful and recover for the loss of her husband's services by the act of a third
prudent man exercising the extraordinary diligence required by law. party. Rodriguez ruled that when a person is injured to the extent that he/she is no
Traffic in that place and at that time of the day is always heavy. (2) longer capable of giving love, affection, comfort and sexual relations to his or her
Losing control of the wheel in such a place crowded with moving spouse, that spouse has suffered a direct and real personal loss. The loss is
vehicles, jumping over the island which separates the East bound immediate and consequential rather than remote and unforeseeable; it is personal to
from the West bound lane of EDSA indicate that the defendant's the spouse and separate and distinct from that of the injured person.
bus was traveling at a speed limit beyond what a prudent and
careful driver is expected of, if such driver were exercising due
diligence required by law. (3) Finally, crossing over the island and Rodriguez involved a couple in their early 20s, who were married for only 16 months
traversing the opposite lane and hitting an oncoming vehicle with and full of dreams of building a family of their own, when the husband was struck and
almost paralyzed by a falling 600-pound pipe. The wife testified how her life had
deteriorated because her husband became a lifelong invalid, confined to the home, the nature and extent of their responsibility in respect of the safety of their passengers
bedridden and in constant need of assistance for his bodily functions; and how her and their duty to exercise greater care in the selection of drivers and conductors . . . ."
social, recreational and sexual life had been severely restricted. It also deprived her
of the chance to bear their children. As a constant witness to her husband's pain, Pantranco opposes this, for under Article 2231 of the Civil Code, "exemplary
mental anguish and frustration, she was always nervous, tense, depressed and had damages may be granted if the defendant acted with gross negligence." And
trouble sleeping, eating and concentrating. Thus, the California court awarded her allegedly, gross negligence is sorely lacking in the instant case.
damages for loss of consortium.
Exemplary damages are designed to permit the courts to mould behavior that has
Whether Rodriguez may be cited as authority to support the award of moral damages socially deleterious consequences, and its imposition is required by public policy to
to Victor and/or Lucila Kierulf for "loss of consortium," however, cannot be properly suppress the wanton acts of an offender. 27 However, it cannot be recovered as a
considered in this case. matter of right. It is based entirely on the discretion of the Court. 28 Jurisprudence sets
certain requirements before exemplary damages may be awarded, to wit: 29
Victor's claim for deprivation of his right to consortium, although argued before
Respondent Court, is not supported by the evidence on record. His wife might have (1) (T)hey may be imposed by way of example or correction only in
been badly disfigured, but he had not testified that, in consequence thereof, his right addition, among others, to compensatory damages, and cannot be
to marital consortium was affected. Clearly, Victor (and for that matter, Lucila) had recovered as a matter of right, their determination depending upon
failed to make out a case for loss of consortium, unlike the Rodriguez spouse. Again, the amount of compensatory damages that may be awarded to the
we emphasize that this claim is factual in origin and must find basis not only in the claimant;
evidence presented but also in the findings of the Respondent Court. For lack of
factual basis, such claim cannot be ruled upon by this Court at this time.
(2) the claimant must first establish his right to moral, temperate,
liquidated or compensatory damages; and
Third Issue: No Consideration of Social and
Financial Standing in this Case
(3) the wrongful act must be accompanied by bad faith, and the
award would be allowed only if the guilty party acted in a wanton,
The social and financial standing of Lucila cannot be considered in awarding moral fraudulent, reckless, oppressive or malevolent manner.
damages. The factual circumstances prior to the accident show that no "rude and
rough" reception, no "menacing attitude," no "supercilious manner," no "abusive
language and highly scornful reference" was given her. The social and financial The claim of Lucila has been favorably considered in view of the finding of gross
standing of a claimant of moral damages may be considered in awarding moral negligence by Respondent Court on the part of Pantranco. This is made clear by
damages only if he or she was subjected to contemptuous conduct despite the Respondent Court in granting Lucila's claim of exemplary damages: 30
offender's knowledge of his or her social and financial standing. 24
(P)ublic utility operators like the defendant, have made a mockery
Be that as it may, it is still proper to award moral damages to Petitioner Lucila for her of our laws, rules and regulations governing operations of motor
physical sufferings, mental anguish, fright, serious anxiety and wounded feelings. She vehicles and have ignored either deliberately or through negligent
sustained multiple injuries on the scalp, limbs and ribs. She lost all her teeth. She had disregard of their duties to exercise extraordinary degree of
to undergo several corrective operations and treatments. Despite treatment and diligence for the safety of the travelling public and their passengers.
surgery, her chin was still numb and thick. She felt that she has not fully recovered ....
from her injuries. She even had to undergo a second operation on her gums for her
dentures to fit. She suffered sleepless nights and shock as a consequence of the To give teeth to this warning, the exemplary damages awarded to Petitioner Lucila is
vehicular accident. 25 In this light and considering further the length of time spent in increased to P200,000.00. The fact of gross negligence duly proven, we believe that
prosecuting the complaint and this appeal, we find the sum of P400,000.00 as moral Legaspi, being also a victim of gross negligence, should also receive exemplary
damages for Petitioner Lucila to be fair and just under the circumstances. damages. Under the facts proven, the Court awards him P25,000 as exemplary
damages.
Fourth Issue: Exemplary Damages
Fifth Issue: Loss of Earnings as a Component of Damages
Complainants also pray for an increase of exemplary damages to P500,000.00 and
P50,000 for Spouses Kierulf and Legaspi, respectively. This prayer is based on the Lost income in the amount of P16,500.00 is also claimed by Legaspi stating that his
pronouncement of this Court in Batangas Transportation Company "whole future has been jeopardized." 31 This, in turn, is not rebutted by Pantranco.
vs. Caguimbal 26 that "it is high time to impress effectively upon public utility operators
It should be noted that Respondent Court already considered this when it stated that An estimate, as it is categorized, is not an actual expense incurred or to be incurred in
the award of P25,000.00 included compensation for "mental anguish and emotional the repair. The reduction made by respondent Court is reasonable considering that in
strain of not earning anything with a family to support." Moral damages, though this instance such estimate was secured by the complainants themselves.
incapable of pecuniary estimation, are in the category of an award designed to
compensate the claimant for actual injury and are not meant to enrich complainant at Epilogue
the expense of defendant. 32
This Court cannot remind the bench and the bar often enough that in order that moral
We find, however, the claim of Legaspi to be duly substantiated. Pantranco failed to damages may be awarded, there must be pleading and proof of moral suffering,
rebut the claim of Porfirio that he had been incapacitated for ten (10) months and that mental anguish, fright and the like. While no proof of pecuniary loss is necessary in
during said period he did not have any income. Considering that, prior to the accident, order that moral damages may be awarded, the amount of indemnity being left to the
he was employed as a driver and was earning P1,650.00 a month, his claim for discretion of the court, 39 it is nevertheless essential that the claimant should
P16,500.00 as compensation for loss of earning capacity for said period is amply satisfactorily show the existence of the factual basis of
supported by the records 33 and is demandable under Article 2205 of the Civil damages 40 and its causal connection to defendant's acts. This is so because moral
Code. 34 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
Complainants contend that Lucila is also entitled to damages for "loss or impairment penalty on the wrongdoer. 41 In Francisco vs. GSIS, 42 the Court held that there must
of earning capacity in cases of temporary or permanent personal injury" under Article be clear testimony on the anguish and other forms of mental suffering. Thus, if the
2205 of the Civil Code. Notably, both the trial court and public respondent denied this plaintiff fails to take the witness stand and testify as to his/her social humiliation,
prayer because of her failure to produce her income tax returns for the years 1985 wounded feelings and anxiety, moral damages cannot be awarded. In Cocoland
and 1986, notwithstanding the production of her 1983 and 1984 income tax returns. Development Corporation vs. National Labor Relations Commission, 43 the Court held
that "additional facts must be pleaded and proven to warrant the grant of moral
Pantranco opposes the above claim for loss of earning capacity on the ground that damages under the Civil Code, these being, . . . social humiliation, wounded feelings,
there is no proof "that for the two years immediately preceding the accident Lucila grave anxiety, etc., that resulted therefrom."
was indeed deriving income from some source which was cut off by the accident. 35
Moral damages are awarded to enable the injured party to obtain means, diversions
We agree with the findings of Respondent Court that Lucila's claim of loss of earning or amusements that will serve to alleviate the moral suffering he/she has undergone,
capacity has not been duly proven. The alleged loss must be established by factual by reason of the defendant's culpable action. 44 Its award is aimed at restoration, as
evidence for it partakes of actual damages. A party is entitled to adequate much as possible, of the spiritual status quo ante; thus, it must be proportionate to the
compensation for such pecuniary loss actually suffered and duly proved. Such suffering inflicted. 45 Since each case must be governed by its own peculiar
damages, to be recoverable, must not only be capable of proof, but must actually be circumstances, there is no hard and fast rule in determining the proper amount. The
shown with a reasonable degree of certainty. We have emphasized that these yardstick should be that the amount awarded should not be so palpably and
damages cannot be presumed, and courts in making an award must point out specific scandalously excessive as to indicate that it was the result of passion, prejudice or
facts which can serve as basis for measuring whatever compensatory or actual corruption on the part of the trial judge. 46 Neither should it be so little or so paltry that
damages are borne. 36 Mere proof of Lucila's earnings consisting of her 1983 and it rubs salt to the injury already inflicted on plaintiffs.
1984 income tax returns would not suffice to prove earnings for the years 1985 and
1986. The incident happened on February 28, 1987. If indeed Lucila had been WHEREFORE, premises considered, the petition for review in G.R. No. 99301 is
earning P50,000.00 every month prior to the accident, as she alleged, there are PARTIALLY GRANTED, while that of Pantranco North Express, Inc., in G.R. No.
evidentiary proofs for such earnings other than income tax returns such as, bur not 99343 is DISMISSED. The Decision appealed from is AFFIRMED with
limited to, payroll receipts, payments to the SSS, or withholding tax paid every month. MODIFICATION. The award of moral damages to Lucila and Legaspi is hereby
Sad to say, these other proofs have not been presented, and we cannot presume that INCREASED to P400,000.00 and P50,000.00 respectively; exemplary damages to
they exist on the strength of the word of Lucila alone. Lucila is INCREASED to P200,000.00. Legaspi is awarded exemplary damages of
P50,000.00. The amount of P 16,500.00 as actual or compensatory damages is also
Sixth Issue: Reduction of Actual Damages on GRANTED to Legaspi. All other awards of Respondent Court of Appeals are
the Pickup Based on an Estimate 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.
Complainants contend that the reduction of 10% from the written estimate of the cost
of repairs by the trial court is pure speculation. 37 Pantranco opposes this by pointing
out that judicial notice is made by respondent Court of the propensity of motor repair SO ORDERED.
shops to exaggerate their estimates. 38
DIGEST:
KEIRULF v. CA factor: the loss of their conjugal fellowship and the impairment or destruction of their
sexual life. Thus, they are claiming that moral damages should be increased to 1M
1. A Pantranco bus was traveling along EDSA. Before it reached the corner of not only for Lucinda but also for her husband Victor who also suffered
Oliveros Drive, the driver lost control of the bus, causing it to swerve to the "psychologically."
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 To support their claim for loss of marital consortium, they cited a California case,
driven by petitioner Porforio Legaspi. Rodriguez vs. Bethlehem Steel Corporation.

2. As a result, both vehicles were damaged and physical injuries were inflicted Rodriguez involved a couple in their early 20s, who were married for only 16 months,
on Legaspi and his passenger Lucila Kierulf, both of whom were treated at when the husband was struck and almost paralyzed by a falling 600-pound pipe. The
the Quezon City General Hospital. The bus also hit and injured a pedestrian wife testified how her life had deteriorated because her husband became a lifelong
who was then crossing EDSA. Despite the impact, said bus continued to invalid, confined to the home, bedridden and in constant need of assistance for his
move forward and its front portion rammed against a Caltex gasoline station, bodily functions; and how her social, recreational and sexual life had been severely
damaging its building and gasoline dispensing equipment. restricted. It also deprived her of the chance to bear their children. Thus the court
awarded damages for loss of marital consortium.
3. The RTC of Quezon City held Pantranco bus to liable and awarded the
following damages to the petitioner Lucia Keirulf: However the SC ruled that the case of Rodriguez cannot be applied to this case
because unlike the unlike the Rodriguez spouse, Victor did not testified that, in
a. 174,100.77 – actual damages consequence of his wife’s disfigurement, his right to marital consortium was affected
b. P100,000.00 – moral damages nor had presented proof that extend. In absence of a factual basis, the court ruled
c. P10,000.00 – exemplary damages that damages based on loss of marital consortium cannot be awarded.
d. P96,825.15 to indemnify for the damages to the Isuzu Carry All
The SC also added that, in awarding moral damages several factors are considered
owned by Victor Kierulf
such as social and financial standing of the injured parties and their wounded moral
e. P6,328.19 – as reimbursement for actual damages incurred for the
feelings and personal pride. However, in this case, the social and financial standing of
treatment of injuries sustained by their driver Porfirio Legaspi
Lucia was not considered because "rude and rough" reception, no "menacing
f. P10,000 as attorney’s fees
attitude," no "supercilious manner," no "abusive language and highly scornful
reference" was given her. The social and financial standing of a claimant of moral
4. The CA then affirmed the RTC decision but increased the damages awarded
damages may be considered in awarding moral damages only if he or she was
as as follows:
subjected to contemptuous conduct despite the offender's knowledge of his or her
a. From 174,100.77 to P241,861.81– actual damages
social and financial standing.
b. From P100,000.00 to P200,000.00 – moral damages
c. From P10, 000 to P100,000.00 – exemplary damages Despite denying the petitioner’s claim for loss of consortium and not considering
social and financial standing of Lucia, the SC still increased the award of moral
5. The case was then appealed by both Patranco and the Keirulf spouses to damages from P100,000 to P400,000. Lucia suffered physical sufferings, mental
the Supreme Court. Spouses Kierulf and Legaspi argue that the damages anguish, fright, serious anxiety and wounded feelings. She sustained multiple injuries
awarded were inadequate while Pantranco counters that they were on the scalp, limbs and ribs. She lost all her teeth. She had to undergo several
astronomical, bloated and not duly proved corrective operations and treatments. Despite treatment and surgery, her chin was
still numb and thick. She felt that she has not fully recovered from her injuries. She
RULING:
even had to undergo a second operation on her gums for her dentures to fit. She
Firstly, the Supreme Court here affirmed the factual findings of the lowers courts that suffered sleepless nights and shock as a consequence of the vehicular accident
it was Patranco liable for the accident due to its gross negliegence.
As to exemplary damages, the SC discussed that Exemplary damages are
Now as to the issue of moral damages, the Spouses Kierulf avers that the designed to permit the courts to mould behavior that has socially deleterious
moral damages awarded by the CA was not enough. The spouses’ claim that in consequences, and its imposition is required by public policy to suppress the wanton
determining the award of moral damages, the SC should gave considered another
acts of an offender. Jurisprudence sets certain requirements before exemplary
damages may be awarded, to wit: 29

(1) (T)hey may be imposed by way of example or correction only in

(2) the claimant must first establish his right to moral, temperate,
liquidated or compensatory damages; and

(3) the wrongful act must be accompanied by bad faith, and the
award would be allowed only if the guilty party acted in a wanton,
fraudulent, reckless, oppressive or malevolent manner.

The SC ruled that since the gross negligence of the Defendants have been proved
the award of exemplary damages was justified. The SC increased the award of
exemplary damages from 100k to 20k

As an epilogue, the Supreme Court had this to say on moral damages: In order
that moral damages may be awarded, there must be pleading and proof of moral
suffering, mental anguish, fright and the like. Though pecuniary loss need not be
proven the claimant should satisfactorily show the existence of the factual basis of
damages and its causal connection to defendant's acts.

Furthermore, 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

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. 44 Its award is aimed at restoration, as
much as possible, of the spiritual status quo ante; 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