SUPREME COURT REPORTS ANNOTATED VOLUME 453 Page 1 of 16

VOL. 453, MARCH 8, 2005 47

National Power Corporation vs. Court of Appeals

G.R. No. 124378. March 8, 2005.

NATIONAL POWER CORPORATION, petitioner, vs. THE

HONORABLE COURT OF APPEALS (Ninth Division),
HADJI ABDUL CARIM ABDULLAH, CARIS ABDULLAH,
1

HADJI ALI LANGCO and DIAMAEL PANGCATAN,

respondents.

Actions; Pleadings and Practice; Appeals; Certiorari; It is

apodictic that in a petition for review, only questions of law may be
raised for the reason that the Supreme Court is not a trier of facts
and generally does not weigh anew the evidence already passed
upon by the Court of Appeals.—It is apodictic that in a petition for
review, only questions of law may be raised for the reason that
the Supreme Court is not a trier of facts and generally does not
weigh anew the evidence already passed upon by the Court of
Appeals. Corollarily, the factual findings of the Court of Appeals
affirming those of the trial court bind this Court when such
findings are supported by substantial evidence. In the case at
hand, no reversible error could be attributed to the Court of
Appeals in espousing conclusions of facts similar to the trial court
on petitioner’s liability for the damages suffered by private
respondents.
Statutory Construction; Res Ipsa Loquitur; An application of
the doctrine of res ipsa loquitur, the thing speaks for itself, comes
to fore.—In the absence of any clear explanation on what other
factors could have explained the flooding in the neighboring
properties of the dam, it is fair to reasonably infer that the
incident happened because of want of care on the part of NPC to
maintain the water level of the dam within the benchmarks at the
maximum normal lake elevation of 702 meters. An application of
the doctrine of res ipsa loquitur, the thing speaks for itself, comes
to fore. Where the thing which causes injury is shown to be under
the management of the defendant, and the accident is such as in

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the ordinary course of things does not happen if those who

have the management use proper care, it affords reasonable
evidence, in the absence of an

_______________

*
SECOND DIVISION.
1
Died after testifying in the trial court; substituted by his heirs, Hadji Jalila
Langco, Alikan Langco, and Bokari Langco.

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48 SUPREME COURT REPORTS ANNOTATED

National Power Corporation vs. Court of Appeals

explanation by the defendant, that the accident arose from want of

care.
Civil Law; Quasi-Delict; Negligence; Damages; In crimes and
quasi-delicts, the defendant shall be liable for all damages, which
are the natural and probable consequences of the act or omission
complained of.—Article 2176 of the New Civil Code provides that
“whoever by act or omission causes damage to another, there
being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict.” In crimes
and quasi-delicts, the defendant shall be liable for all damages,
which are the natural and probable consequences of the act or
omission complained of. It is not necessary that such damages
have been foreseen or could have reasonably been foreseen by the
defendant.

PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.

The facts are stated in the opinion of the Court.

The Solicitor General for petitioner.
Mosib Ali Bubong and Casan Macabanding for
respondents.

CHICO-NAZARIO, J.:

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In this petition for review, petitioner seeks the reversal of

2

the Decision dated 21 December 1995 of the Court of

Appeals in CA-G.R. CV No. 44639, which affirmed with
3

modification the Decision dated 29 July 1991 of the

Regional Trial Court (RTC), 12th Judicial Region, Branch
9, Marawi City, in Civil Case No. 115-87, for damages. The
4

Resolution dated 27

_______________

2
Penned by Justice Jorge S. Imperial with Justices Lourdes Tayao-
Jaguros and B.A. Adefuin-Dela Cruz, concurring. Rollo, pp. 79-88.
3
Penned by Judge Amer R. Ibrahim. Rollo, pp. 68-77.
4
Rollo, p. 100.

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VOL. 453, MARCH 8, 2005 49

National Power Corporation vs. Court of Appeals

March 1996 that denied petitioner’s motion for

reconsideration is likewise assailed.
The factual milieu, as gleaned from the records, follows:
Petitioner National Power Corporation (NPC) is a
government-owned and controlled corporation created
5

under Commonwealth Act No. 120, as amended. It is

tasked to undertake the development of hydroelectric
generations of power and the production of electricity from
nuclear, geothermal and other sources, as well as the
6
transmission of electric power on a nationwide basis.
Concomitant to its mandate, petitioner has, among other
things, the power to construct, operate and maintain power
plants, auxiliary plants, dams, reservoirs, pipes, mains,
transmission lines, power stations, and substations, and
other works for the purpose of developing hydraulic power
from any river, creek, lake, spring, and waterfalls in the
7
Philippines, and supplying such power to the inhabitants.
On 15 November 1973, the Office of the President of the
Philippines issued Memorandum Order No. 398—
“Prescribing Measures to Preserve the Lake Lanao
Watershed, To Enforce the Reservation of Areas Around the
Lake Below Seven Hundred And Two Meters Elevation,
and for Other Purposes.” Said decree instructed the NPC to
build the Agus Regulation Dam at the mouth of Agus River

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in Lanao del Sur, at a normal maximum water level of

8

Lake Lanao at 702 meters elevation. Pursuant thereto,

petitioner built and operated the said dam in 1978.

_______________

5
Among the amendments to Comm. Act No. 120 are Republic Act No.
6395 (1971) and Pres. Decree No. 938 (1976).
6
Republic Act No. 6395, Sec. 2.
7
Id., Sec. 3.
8
4. The National Power Corporation shall render financial assistance to
forest protection, tree farming, reforestation and other conservation
measures in coordination with private timber concessionaires and the
Bureau of Forest Development. With the assistance and cooperation of
provincial and municipal officials, as well as the Provincial Commander of
the Philippine Constabulary, NPC

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50 SUPREME COURT REPORTS ANNOTATED

National Power Corporation vs. Court of Appeals

Private respondents Hadji Abdul Carim Abdullah and

Caris Abdullah were owners of fishponds in Barangay
Bacong, Municipality of Marantao, Lanao del Sur, while
private respondents Hadji Ali Langco and Diamael
Pangcatan had their fishponds built in Poona-Marantao,
also in the same province. All of these fishponds were sited
along the Lake Lanao shore. Private respondents have
spent substantial amounts to construct, maintain, and
stock their respective fishponds with fish fingerlings, and
make plantings along the adjoining foreshore areas
9

between 1984 and 1986.

In October and November of 1986, all the improvements
were washed away when the water level of the lake
escalated and the subject lakeshore area was flooded.
Private respondents blamed the inundation on the Agus
Regulation Dam built and operated by the NPC in 1978.
They theorized that NPC failed to increase the outflow of
water even as the water level of the lake rose due to the
10

heavy rains.
Thus, in December of 1986, the private respondents,
except for Caris Abdullah, wrote separate letters to the
NPC’s Vice-President, a certain “R.B. Santos,” who was

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based in Ditucalan, Iligan City. They sought assistance

and compensation for the damage suffered by each of
11

them. The private respondents’ pleas were shorn off by

NPC on the ground that it was mandated under
Memorandum Order No. 398 dated 15 November 1973 to
build the dam and maintain the normal maximum lake
level of 702 meters, and that since its operation in 1978, the
water level never rose beyond 702 meters. Furthermore,
NPC retorted that visible monuments and benchmarks
indicating the 702-meter elevation had been

_______________

shall place in every town around the lake, at the normal maximum lake
elevation of seven hundred and two meters, benchmarks warning that
cultivation of land below said elevation is prohibited. (Emphasis supplied)
9
Rollo, p. 80.
10
Rollo, p. 80.
11
Rollo, p. 80.

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VOL. 453, MARCH 8, 2005 51

National Power Corporation vs. Court of Appeals

established around the lake from 1974 to 1983, which

should have served as a warning to the private respondents
not to introduce any improvements below the 702-meter
12

level as this was outlawed.

Left with no other recourse, the private respondents filed
a complaint for damages before the RTC of Marawi City,
Branch 9, on 24 February 1987, docketed as Civil Case No.
115-87. They alleged that the negligence and inexperience
of NPC’s employees assigned to operate the Agus
Regulation Dam were the proximate causes of the damage
caused to their properties and livelihood. They prayed for
damages corresponding to the cost of their lost fishes plus
the value of their destroyed fishpond and the expenses and
the fishes thereof. They, too, asked for reimbursement of
necessary expenses as may be proved in the trial, moral
13

and exemplary damages, and the costs.

NPC denied the private respondents’ allegations, and
tossed back the disputations that: (a) the water level of
Lake Lanao never went beyond 702 meters, (b) NPC

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employees were never remiss in the performance of their

duties, and (c) the private respondents’ alleged fishponds
were either located below the 702-meter level, or must have
been introduced when the water level was abnormally low
and as such, were within the prohibited area as defined in
Memorandum Order No. 398. In fine, the NPC posited that
14

the private respondents had no cause of action against it.

The trial court created a committee composed of
representatives of both parties to conduct an ocular
inspection of the dam and its surrounding areas. On 29
July 1991, the trial court rendered a Decision in favor of the
private respondents. Thus, the trial court disposed:

_______________

12
Rollo, p. 80.
13
Rollo, pp. 80-81.
14
Rollo, p. 81.

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52 SUPREME COURT REPORTS ANNOTATED

National Power Corporation vs. Court of Appeals

“WHEREFORE, for all the foregoing consideration, judgment is

hereby rendered in favor of plaintiffs Hadji Abdul Carim
Abdullah, Caris Abdullah, Hadji Langco and Diamael Pangcatan
and against defendant National Power Corporation directing said
defendant National Power Corporation to pay unto Plaintiff Hadji
Abdul Carim Abdullah the sum of P410,000.00 in actual or
compensatory damages; to pay unto plaintiff Caris Abdullah the
sum of P208,000.00 in actual or compensatory damages; to pay
unto plaintiff Hadji Ali Langco or his substitutes Said Langco;
Jalila Langco; Raga Langco; Namolawan Langco; Alikan Langco;
Dibolawan Langco; Binolawan Langco; Ismael Langco; Bokari
Langco; and Diamael Pangcatan the total sum of P260,000.00 in
actual or compensatory damages; and the further sum of
15

P20,000.00 in litigation expenses and the costs.”

Unflinched, the petitioner appealed to the Court of Appeals,

which in a Decision dated 21 December 1995, affirmed the
decision of the court a quo with modification on the award
of damages, to wit:

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“WHEREFORE, for all the foregoing considerations, judgment is

hereby rendered in favor of plaintiffs Hadji Abdul Carim
Abdullah, Caris Abdullah, Hadji Langco and Diamael Pangcatan
and against defendant National Power Corporation directing said
defendant National Power Corporation to pay unto plaintiff Hadji
Abdul Carim Abdullah the sum of P350,000.00; unto plaintiff
Caris Abdullah the sum of P150,000.00; unto plaintiff Hadji Ali
Langco’s heirs and Diamael Pangcatan the sum of P210,000.00 as
and for temperate or moderate damages; as well as P20,000.00 as
and for litigation expenses and costs.
16

Costs against appellant.”

The subsequent motion for reconsideration having been

denied, petitioner interposes this appeal, contending that
the Court of Appeals seriously erred when it:

_______________

15
Rollo, pp. 76-77.
16
Rollo, p. 87.

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VOL. 453, MARCH 8, 2005 53

National Power Corporation vs. Court of Appeals

I. . . . DISREGARDED THE MANDATE OF

PRESIDENTIAL MEMORANDUM ORDER NO. 398.
II. . . . CONCLUDED THAT PETITIONER WAS
NEGLIGENT IN APPLYING PRESIDENTIAL
MEMORANDUM ORDER NO. 398, DESPITE THE
CLEAR ABSENCE OF EVIDENCE OF SUCH ALLEGED
NEGLIGENCE.
III. . . . CONCLUDED THAT THE ADVERSE RESULT OF
AN OCULAR INSPECTION CONDUCTED BY THE
TRIAL COURT AT A MUCH LATER DATE AND
DURING THE TRIAL COULD BE USED, AS IT DID, AS
PROOF OF THE ALLEGED FLOODING IN
OCTOBER/NOVEMBER 1986.
IV. . . . CONCLUDED AND SO HELD THAT PETITIONER
ALLEGEDLY FAILED TO PROVE THAT PRIVATE
RESPONDENTS’ FISHPONDS WERE SITUATED

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BELOW THE 702-METER ELEVATION OF THE LAKE.

V. . . . AWARDED TEMPERATE AND MODERATE
DAMAGES IN LIEU OF ACTUAL AND
COMPENSATORY DAMAGES, AT UNREASONABLE
AMOUNTS AT THAT, DESPITE THE CLEAR ABSENCE
OF LEGAL AND FACTUAL BASES FOR SUCH
17

AWARD.

Despite the manifold spin-off subjects raised, the pertinent

issue worthy of exploration at the core is whether or not the
Court of Appeals erred in affirming the trial court’s verdict
that petitioner was legally answerable for the damages
endured by the private respondents.
From the above-mentioned assignment of errors,
petitioner palpably disputes the findings of facts and the
appreciation of evidence made by the trial court and later
affirmed by respondent court. It is apodictic that in a
18

petition for review, only questions of law may be raised for

the reason that the Supreme Court is not a trier of facts
and generally does not weigh anew the evidence already
passed upon by the Court of

_______________

17
Rollo, pp. 28, 33, 35, 37, and 41.
18
Villarico v. Court of Appeals, G.R. No. 132115, 04 January 2002, 373
SCRA 23.

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54 SUPREME COURT REPORTS ANNOTATED

National Power Corporation vs. Court of Appeals

19

Appeals. Corollarily, the factual findings of the Court of

Appeals affirming those of the trial court bind this Court
when such findings are supported by substantial evidence.
In the case at hand, no reversible error could be attributed
to the Court of Appeals in espousing conclusions of facts
similar to the trial court on petitioner’s liability for the
20

damages suffered by private respondents.

Here are the reasons why:
Memorandum Order No. 398, also known as the law
“Prescribing Measures to Preserve the Lake Lanao
Watershed, To Enforce the Reservation of Areas Around the

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Lake Below Seven Hundred And Two Meters Elevation,

and for Other Purposes,” clothes the NPC with the power to
build the Agus Regulation Dam and to operate it for the
purpose of generating energy. Twin to such power are the
duties: (1) to maintain the normal maximum lake
elevation at 702 meters, and (2) to build benchmarks
to warn the inhabitants in the area that cultivation
of land below said elevation is forbidden. The
wordings of the said presidential order cannot be any
clearer on this point. Thus—

4. The National Power Corporation shall render financial

assistance to forest protection, tree farming, reforestation and
other conservation measures in coordination with private timber
concessionaires and the Bureau of Forest Development. With the
assistance and cooperation of provincial and municipal officials, as
well as the Provincial Commander of the Philippine Constabulary,
NPC shall place in every town around the lake, at the normal
maximum lake elevation of seven hundred and two meters,
benchmarks

_______________

19
Far East Bank and Trust Company v. Querimit, G.R. No. 148582, 16 January
2002, 373 SCRA 665.
20
Manila Electric Company v. Court of Appeals, G.R. No. 108301, 11 July 2001,
361 SCRA 35; Bordalba v. Court of Appeals, G.R. No. 112443, 25 January 2002,
374 SCRA 555; BPI v. Leobrera, G.R. No. 137147, 29 January 2002, 375 SCRA 81;
Lubos v. Galupo, G.R. No. 139136, 16 January 2002, 373 SCRA 618.

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National Power Corporation vs. Court of Appeals

warning that cultivation of land below said elevation is

prohibited. (Emphasis supplied)

By the bulk of evidence, NPC ostensibly reneged on both

duties.
With respect to its job to maintain the normal maximum
level of the lake at 702 meters, the Court of Appeals,
echoing the trial court, observed with alacrity that when
the water level rises due to the rainy season, the NPC
ought to release more water to the Agus River to avoid

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flooding and prevent the water from going over the

maximum level. And yet, petitioner failed to do so,
21

resulting in the inundation of the nearby estates. The

facts, as unraveled by the trial court from the evidence on
record, established that before the construction of the Agus
Regulation Dam across the Agus River just beyond the
Marawi City Bridge, no report of damages to landowners
around the lake was ever heard. After its construction and
when it started functioning in 1978, reports and complaints
of damages sustained by landowners around the lake due to
overflooding became widespread. The factual findings of the
trial court rightly support its conclusions on this respect—

. . . Lake Lanao has only one outlet, the Agus River which in effect
is the natural regulator. When the Lake level is high, more water
leaves the lakes towards the Agus River. Under such a natural
course, overflooding is remote because excess in water level of the
lake, there is a corresponding increase in the volume of water
drain down towards the Agus River and vice versa.
In order to achieve its goal of generating hydroelectric power,
defendant NPC constructed the Intake Regulation Dam, the
purpose of which being to control and regulate the amount of
water discharged into the Agus River. With this dam, defendant
NPC is able to either increase or decrease the volume of water
discharged into the Agus River depending on the amount of power
to be generated. When the lake level rises, specially during rainy
days, it is indispen-

_______________

21
Rollo, p. 82.

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56 SUPREME COURT REPORTS ANNOTATED

National Power Corporation vs. Court of Appeals

sable to wide open the dam to allow more water to flow to the
Agus River to prevent overflowing of the lakeshore and the land
around it. But the NPC cannot allow the water to flow freely into
its outlet—the Agus River, because it will adversely affect its
hydroelectric power plants. It has to hold back the water by its
dam in order to maintain the volume of water required to generate
the power supply. As a consequence of holding back the water, the

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lands around the lake are inundated. This is even admitted by

defendant’s witness Mama Manongguiring. Consequently, in
October, November and December of 1986 when the lake level
increased, farmlands in the Basak area around Lake Lanao and
fishponds were inundated as a result of such holding back of water
22

by defendant NPC. (Emphasis supplied)

Petitioner adduced in evidence its company records to bear

out its claim that the water level of the lake was, at no
point in time, higher than 702 meters. The trial court and
the Court of Appeals, however, did not lend credence to this
piece of evidence. Both courts below held that the data
contained in petitioner’s records collapse in the face of the
actual state of the affected areas. During the ocular
inspection conducted by the lower court where
representatives of both parties were present, it was
established that in the subject areas, the benchmarks as
pointed out by the NPC representative, could not be seen
nor reached because they were totally covered with
23

water. This fact, by itself, constitutes an unyielding proof

that the water level did rise above the benchmarks and
inundated the properties in the area.
In the absence of any clear explanation on what other
factors could have explained the flooding in the neighboring
properties of the dam, it is fair to reasonably infer that the
incident happened because of want of care on the part of
NPC to maintain the water level of the dam within the
benchmarks at the maximum normal lake elevation of 702
meters. An application of the doctrine of res ipsa loquitur,
the thing

_______________

22
Rollo, p. 82.
23
Rollo, p. 85.

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24

speaks for itself, comes to fore. Where the thing which

causes injury is shown to be under the management of the
defendant, and the accident is such as in the ordinary

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course of things does not happen if those who have the

management use proper care, it affords reasonable
evidence, in the absence of an explanation by the
25

defendant, that the accident arose from want of care.

NPC further attempts to dodge its burden by turning the
tables against private respondents. Petitioner would entice
this Court to believe that private respondents brought the
catastrophe upon themselves by constructing their
fishponds below the 702-meter level in defiance of
Memorandum Order No. 398. Yet, petitioner failed to
demonstrate that the subject fishponds were situated at an
area below the 702-meter level yardstick. Allegation is one
thing; proof is another. Save for its bare claim, NPC was
unable to indicate the position of the fishponds vis-à-vis its
benchmarks. But, how can it do so when it cannot show its
own benchmarks as they were submerged in water?
This brings us to the second duty of NPC under
Memorandum Order No. 398—to build and maintain
benchmarks to warn the inhabitants in the area that
cultivation of land below the 702-meter elevation is
forbidden.
Notably, despite the clear mandate of Memorandum
Order No. 398, petitioner’s own witness, Principal
Hydrologist Mama Manongguiring, testified that although
the dam was built in 1978, the benchmarks were
installed only in July and August of 1984 and that
apparently, many had already worn-out, to be
26

replaced only in October of 1986. As adroitly observed

by the Court of Appeals, it was

_______________

24
Africa v. Caltex (Phils.), Inc., G.R. No. L-12986, 31 March 1966, 16
SCRA 448.
25
Batiquin v. Court of Appeals, G.R. No. 118231, 05 July 1996, 258
SCRA 334.
26
Rollo, p. 73.

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58 SUPREME COURT REPORTS ANNOTATED

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only after many years from the time it was built that NPC

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installed said benchmarks. At that time, many farms and

houses were already swamped and many fishponds,
27

including those of the private respondents, damaged.

Consequently, even assuming that the fishponds were
erected below the 702-meter level, NPC must, nonetheless,
bear the brunt for such damages inasmuch as it has the
duty to erect and maintain the benchmarks precisely to
warn the owners of the neighboring properties not to build
fishponds below these marks. Such benchmarks, likewise,
serve the evidentiary purpose of extricating NPC from
liability in cases of overflooding in the neighboring estates
because all NPC would have to do is point out that such
constructions are below the 702-meter allowable elevation.
Without such points of reference, the inhabitants in said
areas are clueless whether or not their improvements are
within the prohibited area. Conversely, without such
benchmarks, NPC has no way of telling if the fishponds,
subject matter of the present controversy, are indeed below
the prescribed maximum level of elevation.
NPC staunchly asserts that the damages, if any, were
due to a fortuitous event. Again, we cannot agree with
petitioner. We defer instead to the findings and opinions
expressed by the Court of Appeals that NPC cannot escape
liability on the mere excuse that the rise of water was due
to heavy rains that were acts of God. The rainy season is an
expected occurrence and the NPC cannot stop doing its
duty when the rains fall. In fact, it is during these critical
times that the NPC needs to be vigilant to make sure that
28

the lake level does not exceed the maximum level. Indeed,
negligence or imprudence is human factor which makes the
whole occurrence

_______________

27
Rollo, p. 85.
28
Rollo, p. 86.

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VOL. 453, MARCH 8, 2005 59

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humanized, as it were, and removed from the rules

29

applicable to acts of God.

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NPC further enthuses that the principle of damnum

absque injuria, or damage without injury, applies in the
present case.
Again, we disagree. This principle means that although
there was physical damage, there was no legal injury, as
there was no violation of a legal right. The negligence of
NPC as a result of its inability to maintain the level of
water in its dams has been satisfactorily and extensively
established.
Article 2176 of the New Civil Code provides that
“whoever by act or omission causes damage to another,
there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties, is called a
quasi-delict.” In crimes and quasi-delicts, the defendant
shall be liable for all damages, which are the natural and
probable consequences of the act or omission complained of.
It is not necessary that such damages have been foreseen or
30

could have reasonably been foreseen by the defendant.

In the case at bar, both the appellate court and the trial
court uniformly found that it was such negligence on the
part of NPC which directly caused the damage to the
fishponds of private respondents. The degree of damages
suffered by the latter remains unrebutted and there exists
adequate documentary evidence that the private
respondents did have fishponds in their respective locations
and that these were inundated and damaged when the
31

water level escalated in October 1986.

However, as observed by the Court of Appeals, while the
private respondents claim reimbursement for actual or
com-

_______________

29
Remman Enterprises v. Court of Appeals, G.R. No. 125018, 06 April
2000, 330 SCRA 145.
30
Art. 2202, New Civil Code.
31
Rollo, p. 86.

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pensatory damages, they failed to present independent

evidence to prove with a reasonable degree of certainty the
actual amount of loss. The private respondents could only
testify as to the amounts they had spent to build and stock
their respective fishponds and as to the amount of earnings
they would have made had the fish been sold at current
market prices. We find no reason to deflect from the award
of temperate or moderate damages by the Court of Appeals
in reduced amounts, but are reasonable under the
circumstances conformably with Articles 2224 and 2225 of
32

the New Civil Code.

WHEREFORE, the instant petition is DENIED. The
Decision dated 21 December 1995 and the Resolution dated
27 March 1996 of the Court of Appeals in CA-G.R. CV No.
44639 are hereby AFFIRMED. Costs against petitioner.
SO ORDERED.

Puno (Chairman), Austria-Martinez, Callejo, Sr. and

Tinga, JJ., concur.

Petition denied, judgment and resolution affirmed.

Note.—To avoid liability for a quasi-delict committed by

his employee an employer must overcome the presumption
by presenting convincing proof that he exercised the care
and diligence of a good father of a family in the selection
and supervision of his employee. (Delsan Transport Lines,
Inc. vs. C & A Construction, Inc., 412 SCRA 524 [2003])

——o0o——

_______________

32
Art. 2224.—Temperate or moderate damages, which are more than
nominal but less than compensatory damages, may be recovered when the
court finds that some pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved with certainty.
Art. 2225.—Temperate damages must be reasonable under the
circumstances.

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