Makabali v. Court of Appeals

G.R. No. L-46877 · 1988-01-22 · J. FERNAN, J.: · Primary: Civil; Secondary: Civil
REITERATION

Facts

1. The Antecedents: Petitioners Georgina and Lourdes Cynthia Makabali purchased a package tour to Hong Kong from respondent Baron Travel Corporation. They were promised a guided tour with a group, hotel accommodations at the President Hotel, and a representative to provide final instructions. Upon departure, they found no tour group, no representative, and no guide named Arsenio Rosal, who disavowed any affiliation with the travel agency. In Hong Kong, they were met with no airport reception and discovered they had no hotel reservations, forcing them to seek accommodation with another tour group and pay their own expenses, leading to significant anxiety, humiliation, and financial strain. 2. Procedural History: The petitioners filed a complaint for damages against Baron Travel Corporation in the Court of First Instance of Manila, seeking P100 in actual damages, P30,000 in moral damages, and P6,000 in exemplary damages, plus attorney's fees and costs. The trial court awarded P500 for moral and exemplary damages and P100 for attorney's fees. Both parties appealed. The Court of Appeals modified the decision, awarding P5,000 for moral and exemplary damages and P1,000 for attorney's fees, acknowledging the respondent's remissness and wanton disregard of the petitioners' rights but deeming the claimed damages excessive. 3. The Petition: Petitioners seek review of the Court of Appeals' decision, arguing that the awarded sums of P5,000 for damages and P1,000 for attorney's fees are inadequate given their social standing, the severe humiliation and anxiety they endured for three days and nights, and the respondent's substantial income. They contend that the award should be increased to reflect the gravity of the suffering caused by the respondent's failure to fulfill its contractual obligations. The petition raises a lone assignment of error challenging the sufficiency of the damages awarded by the appellate court.

Issue(s)

Whether the Court of Appeals erred in awarding petitioners only P5,000.00 as moral and exemplary damages and P1,000.00 as attorney's fees, considering the social standing of the petitioners, the humiliation and anxiety they suffered, and the respondent's alleged financial capacity.

Ruling

The Supreme Court modified the decision of the Court of Appeals, increasing the award for moral and exemplary damages to P35,000.00 and attorney's fees to P5,000.00, with costs. The decision was made immediately executory.

Ratio Decidendi

On the adequacy of damages: The Court reiterated that there is no hard and fast rule in determining moral damages, as each case depends on its peculiar circumstances. Article 2217 of the Civil Code recognizes that moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injuries, which are incapable of pecuniary estimation. Exemplary damages, as per Article 2229, may be imposed by way of example or correction for the public good, requiring that the claimant must show entitlement to moral, temperate, or compensatory damages. The Court noted that while the Court of Appeals agreed with the trial court that petitioners suffered anguish and humiliation due to the respondent's failure to perform its obligations, and that the respondent acted in wanton disregard of their rights, the awarded amounts were still inadequate. The Court found that the P5,000.00 awarded by the Court of Appeals was minimal compared to the sufferings and embarrassment of the petitioners, who were looking forward to their first trip abroad but were instead met with uncertainties and humiliations. The Court emphasized that moral damages are not meant to enrich the complainant but to alleviate the moral suffering, aiming for a restoration of the spiritual status quo ante, proportionate to the suffering inflicted. Therefore, the Court found it necessary to increase the award to better compensate for the actual injury suffered. The Court also noted that the petitioners had limited their claim for moral and exemplary damages to P35,000.00 in their complaint, and thus, the award should not exceed this amount. Consequently, the award for attorney's fees was also increased to P5,000.00, reflecting the modified award for damages and the overall litigation effort.

Main Doctrine

While moral damages are not intended to enrich the complainant at the expense of the defendant, they are awarded to enable the injured parties to obtain means, diversions or amusements that will serve to alleviate the moral sufferings undergone by reason of the defendant's culpable action, aiming for a restoration of the spiritual status quo ante, proportionate to the suffering inflicted.

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