forth and had furthermore shown that these were the proximate result of the

Forth and had furthermore shown that these were the

This preview shows page 350 - 352 out of 480 pages.

forth, and had furthermore shown that these were the proximate result of the offender's wrongful act or omission. In granting actual or compensatory damages, the party making a claim for such must present the best evidence available, viz ., receipts, vouchers, and the like, as corroborated by his testimony. Here, the claim for actual damages by the heirs of the victims is not controverted, the same having been fully substantiated by receipts accumulated by them and presented to the court. Therefore, the award of actual damages is proper. However, the order granting compensatory damages to the heirs of Jerry Agliam and Eduardo Tolentino Sr. must be amended. Consistent with the policy of this Court, the amount of fifty thousand pesos (P50,000.00) is given to the heirs of the victims by way of indemnity , and not as compensatory damages. As regards moral damages, the amount of psychological pain, damage and
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injury caused to the heirs of the victims, although inestimable, may be determined by the trial court in its discretion. Hence, we see no reason to disturb its findings as to this matter. WHEREFORE, premises considered, the decision appealed from is hereby AFFIRMED WITH MODIFICATION. No pronouncement as to costs. SO ORDERED. 1. BARITUA vs. COURT OF APPEALS FACTS: The facts show that on June 26, 1989 private respondent Roy R. Domingo, represented by his attorney-in-fact, Crispin A. Domingo, filed with the Regional Trial Court, Branch 53, Resales, Pangasinan a complaint against petitioner Jose Baritua as owner and operator of the J.B. Bus Lines. Private respondent sought to recover actual and exemplary damages after a bus owned by petitioner rammed private respondent's car along the Maharlika Highway, Sto. Tomas, Batangas on January 19, 1988. In his complaint, private respondent alleged that: 1. He is a Filipino, of legal age, married and a resident of Poblacion Resales, Pangasinan before he went to the United States where he now lives at 4525 Leata Lane, La Cantada LA 91011. He is being represented by his attorney-in-fact Crispin A. Domingo, a Filipino, of legal age, married and resident of No. 47 Yale St., Cubao, Quezon City. Defendant is also a Filipino, of legal age, married and doing business under the business name "J.B. Bus Lines" with business address at Tramo Street, Pasay City where said defendant could be served summons. Petitioner moved to dismiss the complaint for improper venue. He alleged that since private respondent was not a resident of the Philippines, the complaint should be filed in the place where petitioner, the defendant, resides which is in Gubat, Sorsogon. Petitioner claims that: A. RESPONDENT COURT OF APPEALS COMMITTED GROSS ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT DISMISSED THE PETITION DESPITE PETITIONER'S OVERWHELMING EVIDENCE THAT THE VENUE OF PRIVATE RESPONDENT'S ACTION (CIVIL CASE NO. 915-R) WAS IMPROPERLY LAID; B. INSPITE ALSO OF THE ADMITTED FACT THAT PRIVATE RESPONDENT ROY DOMINGO HAS REMAINED AN ACTUAL RESIDENT OF 4525 LEATA LANE, LA CANTADA, LA 91011, U.S.A., AT LEAST SINCE FEBRUARY 18, 1988, UP TO THE PRESENT.
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