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32972910 Torts Magic Notes

32972910 Torts Magic Notes

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Published by rodeltalladarivera

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Published by: rodeltalladarivera on Aug 19, 2010
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10/29/2011

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FACTS: Sumalpong shot twice at Ramos, but missed.
They grappled for the gun, and in doing so, he bit
Ramos’ arm and left ear, mutilating the latter. He was
convicted of attempted homicide and was made to
serve sentence and ordered to indemnify Ramos for
loss of crops, hospitalization expenses and Moral
Damages (5K). CA modified the award of damages,
increasing Moral Damages to 10K.

ISSUE: WON the increase in the amount of Moral
Damages was proper.

HELD: Yes. The CA has in many cases, increased the
damages awarded by the TC, although the offended
party had not appealed from said award. The SC finds
the 10K award of Moral Damages justified under the
circumstances. The nature of the injuries and the
degree of physical suffering endured by Ramos
warrants it. The incident caused the mutilation of
Ramos’ ear and a permanent scar on his arm. These
injuries have left indelible marks on his body and will
serve as a constant reminder of his traumatic
experience.

DOCTRINE: The amount of moral damages awarded
DEPENDS ON THE NATURE AND EXTENT OF THE PHYSICAL INJURIES.

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