Kierulf vs. CA

Kierulf V.
CA (1997)
G.R. No. 99301 March 13, 1997
Summary:
A Pantranco bus bumped an Isuzu pickup, leaving the pick-up driver and its passenger,
Kierulf, injured. In the suit for damages, the Kierulf spouses asked for moral damages
on the ground of loss of conjugal fellowship and impairment of sexual life, due to the
disfigurement of Kierulf. The SC, however, found that Kierulf's husband did not testify as
to the claimed effect on their marital consortium. As such, moral damages cannot be
awarded. Also, the social and financial standing of Kierulf cannot be considered since
prior to the accident, she was not subjected to any contemptuous conduct, despite
knowledge of her standing on the part of the offender. For her physical sufferings,
mental anguish, fright, serious anxiety and wounded feelings, however, award of moral
damages, in the amount of P400,000, is proper.
Doctrine: Moral damages are awarded to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral suffering he has
undergone, by reason of the defendant's culpable action. Its award is aimed at
restoration, as much as possible, of the spiritual status quo ante.
Notes: The decision implies that moral damages may be recovered for loss of marital
consortium, provided that proof is presented. As to what sort of proof must be presented
is questionable.
FACTS:
February 28, 1987 7:45 pm: Pantranco bus driven by Jose Malanum lost control
and swerved to the left flying over the center island occupying the east-bound lane of
EDSA. The front of the bus hit the front of the Isuzu pickup driven by
Legaspi smashed to pieces and inflicting physical injury to Legaspi and his
passenger Lucila Kierulf. Both were treated at the Quezon City General Hospital
The bus also hit and injured a pedestrian who was then crossing EDSA
Despite the impact, the bus continued to move forward and its front portion
rammed against a Caltex gasoline station, damaging its building and gasoline
dispensing equipment
RTC: proximate cause was the negligence of the defendant's driver. Pantranco
North Express, Incorporated to pay Lucila Kierulf, Victor Kierulf for the damages of
the Isuzu pick-up and Porfirio Legaspi
CA: Affirmed with modification by adding P25,000 attorney's fees and to pay
costs
ISSUE:
W/N award of moral damages is proper.
HELD:
YES.
AFFIRMED with MODIFICATION. The award of moral damages to Lucila and

Legaspi is hereby INCREASED to P400,000.00 and P50,000.00 respectively;
exemplary damages to Lucila is INCREASED to P200,000.00. Legaspi is awarded
exemplary damages of P50,000.00.
Rodriguez case ruled that when a person is injured to the extent that he/she is no
longer capable of giving love, affection, comfort and sexual relations to his or her
spouse, that spouse has suffered a direct and real personal loss. The loss is
immediate and consequential rather than remote and unforeseeable; it is personal to
the spouse and separate and distinct from that of the injured person. Victor's claim
for deprivation of his right to consortium, although argued before Respondent Court,
is not supported by the evidence on record.
The social and financial standing of Lucila cannot be considered in awarding
moral damages.
no "rude and rough" reception, no "menacing attitude," no "supercilious
manner," no "abusive language and highly scornful reference" was given her
awarded only if he or she was subjected to contemptuous conduct despite
the offender's knowledge of his or her social and financial standing
proper to award moral damages to Lucila for her physical sufferings, mental
anguish, fright, serious anxiety and wounded feelings
She sustained multiple injuries on the scalp, limbs and ribs. She lost all
her teeth. She had to undergo several corrective operations and treatments.
Despite treatment and surgery, her chin was still numb and thick. She felt that she
has not fully recovered from her injuries. She even had to undergo a second
operation on her gums for her dentures to fit. She suffered sleepless nights and
shock as a consequence of the vehicular accident.
Exemplary damages are designed to permit the courts to mould behavior that
has socially deleterious consequences, and its imposition is required by public policy
to suppress the wanton acts of an offender
discretion of the court
(1) They may be imposed by way of example or correction only in addition,
among others, to compensatory damages, and cannot be recovered as a matter of
right, their determination depending upon the amount of compensatory damages that
may be awarded to the claimant;
(2) the claimant must first establish his right to moral, temporate,
liquidated or compensatory damages; and
(3) the wrongful act must be accompanied by bad faith, and the award
would be allowed only if the guilty party acted in a wanton, fraudulent, reckless,
oppressive or malevolent manner."
exemplary damages awarded increased to P200,000
The fact of gross negligence duly proven, we believe that Legaspi, being
also a victim of gross negligence, should also receive exemplary damages
Moral damages, though incapable of pecuniary estimation, are in the category of
an award designed to compensate the claimant for actual injury and are not meant to
enrich complainant at the expense of defendant
Porfirio that he had been incapacitated for 10 months and that during said
period he did not have any income
P16,500 as compensation for loss of earning capacity for the period
is amply supported by the records and is demandable under Article 2205 of the Civil
Code
Lucila's claim of loss of earning capacity has not been duly proven
A party is entitled to adequate compensation for such pecuniary loss
actually suffered and duly proved
Mere proof of Lucila's earnings consisting of her 1983 and 1984
income tax returns would not suffice to prove earnings for the years 1985 and 1986.
The incident happened on February 28, 1987.
An estimate, as it is categorized, is not an actual expense incurred or to be
incurred in the repair. The reduction made by respondent court is reasonable
considering that in this instance such estimate was secured by the complainants
themselves
in order that moral damages may be awarded, there must be pleading and proof
of moral suffering, mental anguish, fright and the like. While no proof of pecuniary
loss is necessary in order that moral damages may be awarded, the amount of
indemnity being left to the discretion of the court it is nevertheless essential that the
claimant should satisfactorily show the existence of the factual basis of damages and
its causal connection to defendant's acts. This is so because moral damages,

though incapable of pecuniary estimation, are in the category of an award designed
to compensate the claimant for actual injury suffered and not to impose a penalty on
the wrongdoer.
Moral damages are awarded to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral suffering he/she has
undergone, by reason of the defendant's culpable action.
Its award is aimed at restoration, as much as possible, of the spiritual status quo
ante; thus, it must be proportionate to the suffering inflicted. Since each case must
be governed by its own peculiar circumstances, there is no hard and fast rule in
determining the proper amount. The yardstick should be that the amount awarded
should not be so palpably and scandalously excessive as to indicate that it was the
result of passion, prejudice or corruption on the part of the trial judge. Neither should
it be so little nor so paltry that it rubs salt to the injury already inflicted on plaintiffs.

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Kierulf V.

AFFIRMED with MODIFICATION. The award of moral damages to Lucila and

its causal connection to defendant's acts. This is so because moral damages,

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