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• For its part, private respondent later sought the amendment of its
complaint on the ground that the original complaint failed to plead
for the recovery of the lost value of the hull of M/V Maria Efigenia
XV. Accordingly, in the amended complaint, private respondent
averred that M/V Maria Efigenia XV had an actual value of
P800,000.00 and that, after deducting the insurance payment of
P200,000.00, the amount of P600,000.00 should likewise be
claimed.
• Judgment was rendered in favor of the plaintiff and against the
defendant PNOC Shipping & Transport Corporation, to pay the plaintiff:
• a. The sum of P6,438,048.00 representing the value of the fishing
boat with interest from the date of the filing of the complaint at the rate
of 6% per annum;
• b. The sum of P50,000.00 as and for attorneys fees; and
• c. The costs of suit.
• As a general rule, in order that an act omission may be the proximate cause of an injury, the injury
must be the natural and probable consequence of the act or omission and such as might have been
foreseen by an ordinarily responsible and prudent man, in the light of the attendant circumstances, as
likely to result therefrom.
• In an action such as that under consideration, in order to establish his right to a recovery, must
establish by competent evidence:
• (2) Negligence by act or omission of which defendant personally, or some person for whose acts it
must respond, was guilty.
• (3) The connection of cause and effect between the negligence and the damages.
• For "actual damages," the purpose of the law in awarding
actual damages is to repair the wrong that has been
done, to compensate for the injury inflicted, and not to
impose a penalty not dependent on nor graded by the
intent with which the wrongful act is done.
• Evidence of damages "must rest upon satisfactory proof
of the existence in reality of the damages alleged to have
been suffered." But, while certainty is an essential
element of an award of damages, it need not be a
mathematical certainty.