Sunday, February 22, 2009

Manuel vs. Alfeche

Gr. No. 115683
July 26, 1996

Facts: On Sept. 20-22, 1991, in the City of Roxas, Philippines, the said accused, Felipe Colino, being the writer/author, Danny Fajardo, Editor-in-chief, Lemuel T. Fernandez, Associate editor, and John Paul Tia, Assistant Editor of a regional newspaper known as "Panay News" which has considerable circulation in Panay Island and throughout Western Visayas, conspiring and mutually helping each other, did then and there, willfully, unlawfully and feloniously, and with malicious intent of impeaching the integrity, credibility, honor, and reputation of Delia Manuel, as article in the front page and/or headline entitled "Local Shabu Peddler now a Millionaire" The RTC dismissed the claim for recovery of moral damages by the offended party. Reconsideration having been denied, petitioner filed this instant petition for review.

Issue: WON the offended party should recover moral damages.
Ruling: Petition Dismissed
Ratio:
The complainant expressly claims moral, exemplary, temperate and/or nominal damages but has not specified any amount at all, leaving the quantification thereof entirely to the trial court's discretion, and not to a situation where the litigant specifies some amounts or parameters for the awards being sought, even though the different types of damages sought be not separately or individually quantified.


*Dre

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