EULOGIO OCCENA vs. HON. PEDRO M. ICAMINA, PEOPLE OF THE PHILS., & VEGAFRIA
G.R. NO. 82146 January 22, 1990. (Kinds of Damages)
PETITION for review on certiorari seeking to annul the decision of the RTC
FERNAN, C.J.:
Facts: Petitioner Occena filed a criminal complaint for Grave Oral Defamation against private respondent Cristina Vegrafia for allegedly openly, publicly and maliciously uttering the following insulting words and statements: "Gago ikaw nga Barangay Captain, montisco, traidor, malugus, Hudas." Private respondent as accused therein entered a plea of not guilty. After trial, private respondent was convicted of the offense of Slight Oral Defamation and was sentenced to pay a fine of Fifty Pesos (P50.00) with subsidiary imprisonment in case of insolvency and to pay the costs. No damages were awarded to petitioner.
Issue: WON petitioner is entitled to an award of damages arising from the remarks uttered by private respondent and found by the trial court to be defamatory.
Ruling: PETITION GRANTED. The decision of the RTC is MODIFIED and private respondent is ordered to pay petitioner the amount of P5,000.00 as moral damages and another P5,000.00 as exemplary damages.
What gives rise to the civil liability is really the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or negligently and whether or not punishable by law. The offense of which private respondent was found guilty is not one of those felonies where no civil liability results because either there is no offended party or no damage was caused to a private person.
Article 2219, par. (7) of the Civil Code allows the recovery of moral damages in case of libel, slander or any other form of defamation. This provision of law establishes the right of an offended party in a case for oral defamation to recover from the guilty party damages for injury to his feelings and reputation. The offended party is likewise allowed to recover punitive or exemplary damages.
*DAN’Q
Friday, February 13, 2009
VILLANUEVA, ET. AL. VS CASTAÑEDA, JR., ET. AL.
VILLANUEVA, ET. AL. VS CASTAÑEDA, JR., ET. AL.
G.R. No. L-61311 September 2l, 1987 (damnun absque injuria)
Appeal from a decision of CFI Pampanga holding that the land in question, being public in nature, was beyond the commerce of man and therefore could not be the subject of private occupancy.
CRUZ, J.:
Facts: In the vicinity of the public market of San Fernando, Pampanga, there stands on a strip of land, a conglomeration of vendors stalls together. The petitioners claim they have a right to remain in and conduct business in this area by virtue of a previous authorization (Resolution no. 28) granted to them by the municipal government. The respondents deny this and justify the demolition of their stalls as illegal constructions on public property per municipal council Resolution G.R. No. 29, which declared the subject area as "the parking place and as the public plaza of the municipality, thereby impliedly revoking Resolution No. 218.
Issue: WON petitioners have the right to occupy the subject land.
Ruling: Petition Dismissed.
It is a well-settled doctrine that the town plaza cannot be used for the construction of market stalls, and that such structures constitute a nuisance subject to abatement according to law. The petitioners had no right in the first place to occupy the disputed premises and cannot insist in remaining there now on the strength of their alleged lease contracts. Even assuming a valid lease of the property in dispute, the resolution could have effectively terminated the agreement for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract. Hence, the loss or damage caused to petitioners, in the case at bar, does not constitute a violation of a legal right or amount to a legal wrong - damnum absque injuria.
*DAN’Q
G.R. No. L-61311 September 2l, 1987 (damnun absque injuria)
Appeal from a decision of CFI Pampanga holding that the land in question, being public in nature, was beyond the commerce of man and therefore could not be the subject of private occupancy.
CRUZ, J.:
Facts: In the vicinity of the public market of San Fernando, Pampanga, there stands on a strip of land, a conglomeration of vendors stalls together. The petitioners claim they have a right to remain in and conduct business in this area by virtue of a previous authorization (Resolution no. 28) granted to them by the municipal government. The respondents deny this and justify the demolition of their stalls as illegal constructions on public property per municipal council Resolution G.R. No. 29, which declared the subject area as "the parking place and as the public plaza of the municipality, thereby impliedly revoking Resolution No. 218.
Issue: WON petitioners have the right to occupy the subject land.
Ruling: Petition Dismissed.
It is a well-settled doctrine that the town plaza cannot be used for the construction of market stalls, and that such structures constitute a nuisance subject to abatement according to law. The petitioners had no right in the first place to occupy the disputed premises and cannot insist in remaining there now on the strength of their alleged lease contracts. Even assuming a valid lease of the property in dispute, the resolution could have effectively terminated the agreement for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract. Hence, the loss or damage caused to petitioners, in the case at bar, does not constitute a violation of a legal right or amount to a legal wrong - damnum absque injuria.
*DAN’Q
Thursday, February 12, 2009
Consunji vs. CA
Facts:
On Nov. 2, 1990, Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14 floors from the Renaissance Tower, Pasig City to his death. On May 9, 1991, Jose Juego´s widow, filed in the RTC of Pasig a compalint for damages against the deceased´s employer, D.M. Consunji, Inc. The employer raised, among other defenses, the widow´s prior availment of the benefits from the State Insurance Fund. The RTC rendered a decision in favor of the widow Maria Juego, ordering the defendant to pay plaintiff. On appeal by D.M. Consunji, the CA affirmed the decision of the RTC in toto. Hence, this petition.
Issue: WON the petitioner (Consunji) is negligent and should be liable.
Ruling. The deision of the CA is affirmed.
Ratio:
The claims for damages sustained by workers in the course of their employment could be filed only under the Workmen´s Compensation Law, to the exclusion of all further claims under other laws. The CA held that the case at bar came under exception because private resppondent was unaware of petitioner´s negligence when she filed her claim for death benefits from the State Insurance Fund.
*dre
On Nov. 2, 1990, Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14 floors from the Renaissance Tower, Pasig City to his death. On May 9, 1991, Jose Juego´s widow, filed in the RTC of Pasig a compalint for damages against the deceased´s employer, D.M. Consunji, Inc. The employer raised, among other defenses, the widow´s prior availment of the benefits from the State Insurance Fund. The RTC rendered a decision in favor of the widow Maria Juego, ordering the defendant to pay plaintiff. On appeal by D.M. Consunji, the CA affirmed the decision of the RTC in toto. Hence, this petition.
Issue: WON the petitioner (Consunji) is negligent and should be liable.
Ruling. The deision of the CA is affirmed.
Ratio:
The claims for damages sustained by workers in the course of their employment could be filed only under the Workmen´s Compensation Law, to the exclusion of all further claims under other laws. The CA held that the case at bar came under exception because private resppondent was unaware of petitioner´s negligence when she filed her claim for death benefits from the State Insurance Fund.
*dre
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