While the net income had not been sufficiently established, the Court recognizes the fact that the Mangalinao heirs had suffered loss deserving of compensation. What the CA awarded is in actuality a form of temperate damages. Such form of damages under Article 222456 of the Civil Code is given in the absence of competent proof on the actual damages suffered.57 “In the past, we awarded temperate damages in lieu of actual damages for loss of earning capacity where earning capacity is plainly established but no evidence was presented to support the allegation of the injured party’s actual income.”58 In this case, Roberto Mangalinao, the breadwinner of the family, was a businessman engaged in buying and selling palay and agricultural supplies that required high capital in its operations and was only 37 at the time of his death. Moreover, the Pathfinder which the Mangalinaos own, became a total wreck. Under the circumstances, we find the award of P500,000.00 as temperate damages as reasonable.59
Moral damages,60 it must be stressed, are not intended to enrich plaintiff at the expense of the defendant. They are awarded to enable the injured party to obtain means, diversions, or amusements that will serve to alleviate the moral suffering he/she had undergone due to the other party’s culpable action and must, perforce, be proportional to the suffering inflicted.61 While the children did not testify before the court, undoubtedly, they suffered the pain and ordeal of losing both their parents and sibling and hence, the award of moral damages is justified. However, the amount must be reduced toP500,000.00.62
“In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.”63 It is given by way of example or correction for the public good.64 Before the court may consider such award, the plaintiff must show his entitlement first to moral, temperate, or compensatory damages,65 which the respondents have. In the case at bench, the reckless driving of the two trucks involved caused the death of the victims. However, we shall reduce the amount of exemplary damages to P200,000.00.66
Lastly, because exemplary damages are awarded and that we find it equitable that expenses of litigation should be recovered,67 we find it sufficient and reasonable enough to grant attorney’s fees ofP50,000.00.68
Parenthetically, the Manifestation and Motion with notice of change of address by counsel for respondents; and the transmittal of CA’s rollo consisting of 256 pages with two attached Supreme Court petitions, one folder of original records and one folder of transcript of stenographic notes, by the Judicial Records Division, CA, are noted.
WHEREFORE, the instant petitions are PARTIALLY GRANTED. The Decision of the Court of Appeals in CA-G.R. CV No. 70530 is AFFIRMED with MODIFICATIONS. The award of actual damages is hereby INCREASED to P107,000.00. The award of moral damages is REDUCED toP500,000.00, the award of temperate damages for loss of earning capacity is likewise REDUCED toP500,000.00, and the award of exemplary damages and of attorney’s fees are REDUCED toP200,000.00 and P50,000.00, respectively. All other awards of the Court of Appeals areAFFIRMED.
