Magbanua v. Intermediate Appellate Court
G.R. Nos. L-66870-72
June 29, 1985
AGAPITO MAGBANUA, INENIAS MARTIZANO, CARLITO HERRERA, SR., PAQUITO LOPEZ, AND FRANCISCO HERRERA, petitioners,
vs.
HON. INTERMEDIATE APPELLATE COURT (SECOND SPECIAL CASES DIVISION), EDUARDO, BUTCH, DIEGO AND NENA All Surnamed PEREZ, respondents
Facts:
The plaintiffs, who are the petitioners in the case at bar, are share tenants of the defendants. The defendants diverted free flow of water from their farms, which caused portions of their land to dry up. The plaintiffs were told by the defendant’s overseer that they should vacate their areas because they could no longer plant palay because of the lack of water. The petitioners went to the trial court to pray that they be declared as leasehold tenants and for defendants to be ordered to pay for damages and attorney’s fees.
The trial court granted their prayers including granting moral and exemplary damages of Php10,000 each and attorney’s fees of Php5,000. When the defendant appealed to the Intermediate Appellate Court, however, the IAC modified the trial court’s decision, deleting the award of moral and exemplary damages as well as attorney’s fees. The plaintiffs then appealed to the Supreme Court.
Issue:
Should the petitioners be granted moral and exemplary damages and attorney’s fees?
Ruling:
Yes. Article 2219 of the Civil Code permits the award of moral damages for acts mentioned in Article 21 of the same code and the latter stipulates that: “Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.” The petitioners are also entitled to exemplary damages because the defendants acted in an oppressive manner.
However, the Supreme Court said that the amount would be according to the court’s discretion. The petitioners were granted the payment for damages and attorney’s fees, but they were set to te following: Moral Damages – Php1,000; Exemplary Damages: Php500; Attorney’s fees – Php1,000.
It's a Ping Thing 