Professional Documents
Culture Documents
ACTUAL
DAMAGES
OR
COMPENSATORY
A. DEFINITION
Art. 2199. Except as provided by law or by
stipulation, one is entitled to an adequate
compensation only for such pecuniary loss
suffered by him as he has duly proved. Such
compensation is referred to as actual or
compensatory damages.
Art. 2200. Indemnification for damages shall
comprehend not only the value of the loss
suffered, but also that of the profits which the
obligee failed to obtain. (1106)
B. COMPONENTS
DAMAGES
OF
ACTUAL
OR
FORMULA
IN
LOSS OF EARNING
DECISION
YNARES-SANTIAGO, J.:
1. Actual
122,000.00
Damages
--------------------
and
4.
Compensatory
1,500,000.00
Moral
Damages-----
Damages
---------SO ORDERED.[20]
SO ORDERED.[19]
SO ORDERED.[2]
A motion for reconsideration of the decision was
denied by the respondent Court in its resolution
dated September 16, 1992 for lack of merit.[3]
II
III
WHETHER OR NOT A DRAWEE BANK
WHO FAILED TO RETURN A CHECK
WITHIN THE TWENTY FOUR (24) HOUR
CLEARING PERIOD MAY RECOVER THE
VALUE OF THE CHECK FROM THE
COLLECTING BANK.
IV
WHETHER OR NOT IN THE ABSENCE OF
MALICE OR ILL WILL PETITIONER PNB
MAY BE HELD LIABLE FOR ATTORNEYS
FEES.[4]
We do not agree.
A. Material Alterations:
waived
above
blank
C.
BATONGHINOG
SO ORDERED.
C. EXTENT
OF
DAMAGES
RECOVERABLE
C.1.A. GOOD
OBLIGOR
FAITH
ON
THE
Art. 2201. In contracts and quasicontracts, the damages for which the obligor
who acted in good faith is liable shall be
those that are the natural and probable
consequences of the breach of the
obligation, and which the parties have
foreseen or could have reasonably foreseen
at the time the obligation was constituted.
WHEREFORE,
the
Court
renders judgment enjoining the
defendants to effect the transfer
of the shares covered by Stock
Certificate No. 16807 to and in
the
name
of
plaintiff
INCORPORATED
Mining
Corporation, and the writ of
preliminary
mandatory
injunction issued on March 16,
1970 is hereby declared
permanent.
SO ORDERED.
xxx
xxx
xxx
xxx
Board Feet
none
October, 1959
2,299,805
November, 1959
801,021
December, 1959
1,297,510
Total
7,405,861
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