CASE 2019-0039: MOISES G. CORO VS. MONTANO B. NASAYAO (G.R. NO. 235361. OCTOBER 16, 2019, INTING, J.) (SUBJECT/S: FORGERY, MORAL DAMAGES, EXEMPLARY DAMAGES) (BRIEF TITLE: CORO VS NASAYAO)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
PETITIONER ALLEGED THAT THE DEED OF SALE EXECUTED BY RESPONDENT PURCHASING PETITIONER’S LOT WAS FORGED. BUT PETITIONER’S PROOF CONSISTS ONLY OF HIS AVERMENTS.
MERE AVERMENTS ARE NOT ENOUGH. PETITIONER MUST PROVE FORGERY BY CLEAR, POSITIVE AND CONVINCING EVIDENCE.
HOW DO YOU PROVE FORGERY?
ARE MORAL DAMAGES PUNITIVE?
NO, THEY ARE COMPENSATORY DAMAGES FOR MENTAL PAIN AND SUFFERING OR MENTAL ANGUISH RESULTING FROM A WRONG.
HOW TO PROVE MORAL DAMAGES?
NOT BY MERE ALLEGATIONS. THERE MUST BE PROOF OF PHYSICIAL SUFFERING, MENTAL ANGUISH, FRIGHT, SERIOUS ANXIETY, BESMICHED REPUTATION, WOUNDED FEELINGS, MORAL SHOCK, SOCIAL HUMILIATION OR SIMILAR INJURY.
WHAT ARE EXEMPLARY DAMAGES AND WHAT ARE THEIR REQUISITES?
TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.
SCD-2019-0039-Moises G. Coro Vs. Montano B. Nasayao
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