Ong v. Court of Appeals
REITERATIONFacts
1. The Antecedents: Spouses Renato and Francia Ong were paying passengers on an Inland Trailways bus, leased from Philtranco, when it was bumped from the rear by a Philtranco bus. Both spouses sustained injuries. Francia suffered wounds and fractures to her legs and right arm, while Renato sustained injuries to his chest, knee, arm, and eye. They were hospitalized for their injuries. 2. Procedural History: The Ongs filed a complaint for damages against Philtranco and Inland Trailways. The Regional Trial Court (RTC) initially ruled in favor of the Ongs, holding Philtranco liable for damages based on a Police Report. Upon appeal, the Court of Appeals (CA) reversed the RTC's decision regarding Philtranco, finding that the Police Report, not having been formally offered as evidence, had no probative value. The CA instead found Inland Trailways liable for breach of contract of carriage, modifying the awarded damages and reducing some amounts, including actual damages, moral damages, and attorney's fees. 3. The Petition: The Ongs filed a Petition for Review on Certiorari with the Supreme Court, arguing that the Court of Appeals committed grave abuse of discretion in reversing the RTC's decision, particularly in absolving Philtranco and modifying the damages awarded. They contended that the CA erred in disregarding the Police Report and in reducing the amounts for actual damages, unrealized income, moral damages, and attorney's fees. The Supreme Court considered the main issues to be whether the Police Report, not formally offered, could be used to establish a claim, and whether the reduction in damages was proper.
Issue(s)
Whether the Court of Appeals committed grave abuse of discretion in reversing the Regional Trial Court's decision regarding Philtranco's liability. Whether the Court of Appeals committed grave abuse of discretion in disallowing the award for diminution of use of Francia Ong's right arm and for unrealized income. Whether the Court of Appeals committed grave abuse of discretion in reducing the awards for actual damages, moral damages, and attorney's fees.
Ruling
The petition is devoid of merit. The Supreme Court affirmed the Court of Appeals' decision with modifications regarding moral damages for Renato Ong.
Ratio Decidendi
On the issue of Philtranco's liability and the Police Report: The Court reiterated the rule that evidence not formally offered during trial cannot be given probative value, even if attached to pleadings or identified. The Police Report, though annexed to Inland's answer, was not formally offered by any party. Consequently, it had no evidentiary value, and Philtranco could not be held liable based on it. The appellate court correctly absolved Philtranco from liability. The petitioners' contention that the parties agreed to submit the case based on pleadings was unsubstantiated, as the trial court's order clearly required a formal offer of evidence. On the issue of damages for diminution of use of arm and unrealized income: The Court affirmed the appellate court's deletion of the award for diminution of use of Francia's arm as a separate claim for actual damages, as physical injury is not a pecuniary loss and requires proof of the cost of restorative medical procedures, which was absent. The claim for unrealized income was also correctly deleted because the petitioners failed to present the best evidence of such income, relying only on Francia's unsubstantiated assertion. The Court emphasized that actual damages must be pleaded and proven, and cannot be presumed. On the issue of actual damages, moral damages, and attorney's fees: The Court agreed with the reduction of actual damages to P3,977.00, as this was the amount duly proven by receipts. The trial court's award of P10,000.00 was deemed excessive and not fully substantiated by evidence. Regarding moral damages, the Court found that while Francia was entitled to moral damages for mental anguish due to the diminution of her arm's use, the appellate court's reduction to P30,000.00 was reasonable. However, the Court modified the award to grant separate moral damages of P30,000.00 to Renato Ong and P50,000.00 to Francia Ong. The reduction of attorney's fees to 10% was deemed proper, considering the nature of the case and the counsel's inadequate handling.
Main Doctrine
Evidence not formally offered during trial cannot be used for or against a party litigant, nor can it be considered on appeal. Actual and moral damages must be proven before any award thereon can be granted.