Case Digest (G.R. No. 126389)
Facts:
In Southeastern College, Inc. vs. Court of Appeals, G.R. No. 126389, decided on July 10, 1998 under the 1987 Constitution, private respondents Juanita de Jesus Vda. de Dimaano, Emerita, Remedios, Consolacion and Milagros Dimaano owned a house at No. 326 College Road, Pasay City, adjacent to petitioner’s four-storey school building. On October 11, 1989, at approximately 6:30 a.m., typhoon Salinga struck Metro Manila, tearing off part of the college’s roof and hurling it onto respondents’ home. An ocular inspection led by Engr. Jesus L. Reyna, City Building Official, reported that the U-shaped configuration of the surrounding structures had channeled the wind like a funnel and that roof trusses were inadequately anchored to concrete beams. Acting on that report, respondents sued for P117,116.00 actual damages, P1,000,000.00 moral damages, P300,000.00 exemplary damages and P100,000.00 attorney’s fees before RTC Branch 117 of Pasay City, alleging culpa aquiliana. Petitioner denied nCase Digest (G.R. No. 126389)
Facts:
- Parties and Properties
- Petitioner: Southeastern College, Inc. (owner of a four-storey school building on College Road, Pasay City)
- Respondents: Juanita de Jesus Vda. de Dimaano, Emerita, Remedios, Consolacion and Milagros Dimaano (owners of a neighboring house at 326 College Road)
- Typhoon and Damage
- On October 11, 1989, at about 6:30 a.m., Typhoon Salinga struck Metro Manila, bringing very strong westerly winds
- Portions of the petitioner’s roofing were ripped off and landed on respondents’ house, destroying parts of its roofing and rendering it uninhabitable
- Ocular Inspection and Report
- A team led by the City Building Official conducted an ocular inspection on October 18, 1989
- Key findings:
- The U-shaped configuration of the school building created a funnel effect, intensifying wind impact on its roof ends
- The roof’s structural trusses were improperly anchored to the concrete beams; steel bars were unbolted, un-nailed or not bent into trusses
- Recommendation: Declare the fourth floor a structural hazard to avoid further loss
- Trial Court Proceedings
- Respondents sued for damages (Civil Case No. 7314, RTC Pasay City, Branch 117) alleging culpa aquiliana and seeking:
- Actual damages: P117,116.00
- Moral damages: P1,000,000.00
- Exemplary damages: P300,000.00 (denied by trial court)
- Attorney’s fees: P100,000.00 plus costs
- Petitioner’s defense: Typhoon Salinga was an act of God; no negligence; building maintained in “tip-top condition”
- Trial and Appellate Decisions
- RTC: Found faulty construction and maintenance, imputed negligence, awarded actual damages, moral damages, attorney’s fees and litigation expenses; denied exemplary damages
- CA (July 31, 1996): Affirmed liability but reduced moral damages from P1,000,000.00 to P200,000.00; denied motion for reconsideration (Sept. 12, 1996)
Issues:
- Liability and Damages
- Whether actual damages awarded on speculative basis without receipts are justified
- Whether moral damages can be awarded absent proof of actual damage or bad faith
- Whether respondents, having sold the subject property during the case, retain standing and whether their claims became moot and academic
- Whether attorney’s fees awarded despite mootness are justified
- Whether petitioner is liable for damages as a result of Typhoon Salinga, an act of God
- Whether the issuance of writ of execution pending appeal, ex parte or without hearing, is legally supportable
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)