Laws Applicable: ART. 2219,Art. 21, Art. 23
FACTS:
- May 16, 1976 10 pm: During a benefit dance in celebration of the town fiesta Rafael Patricio, an ordained Catholic priest together with 2 policemen were posted near the gate of the public auditorium to check on the assigned watchers of the gate.
- Bienvenido Bacalocos, President of the Association of Barangay Captains of Pilar, Capiz and a member of the Sangguniang Bayan who was in the state of drunkenness was also at the same gate struck a bottle of beer on the table which injured and caused his own hand to bleed.
- Bacalocos then approached Patricio and asked him if he has seen his wounded hand and before Patricio could respond he hit Patricio's face with his bloodied hand.
- Bacalocos was brought to the Police Station
- Patricio filed a criminal case charging Bacalocos for Slander by Deed but it was dismissed so he filed for damages in the court a quo.
- Court a quo: liable for moral damages as a result of the physical suffering, moral shock and social humiliation
- Motion for reconsideration: Court reconsidered moral and exemplary damages, in order to merit, the plaintiff ought to have proven actual or compensatory damages
- Patricio: Being slapped in public causing him physical suffering and social humiliation, entitles him to moral damages; Actual and compensatory damages need not be proven
ISSUE: W/N Patricio should be entitled to moral damages
HELD:YES. petition is GRANTED. CA REVERSED and court a quo REINSTATED
- ART. 2219. Moral damages may be recovered in the following and analogous cases
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts.
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in article 309;
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
- The hitting on the face is contrary to morals and good customs and causing mental anguish, moral shock, wounded feelings and social humiliation
- drunkenness is definitely no excuse and does not relieve him of his liability
- Pursuant to Art. 21 of the Civil Code in relation to par. (10) of Art. 2219 of the same Code, "any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage
- under Art. 21 of the Civil Code is to compensate the injured party for the moral injury caused upon his person
- ART. 23. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
- Exemplary or corrective damages are required by public policy to suppress the wanton acts of the offender
- The amount of exemplary damages need not be proved where it is shown that plaintiff is entitled to either moral, temperate or compensatory damages, as the case may be
- such award cannot be recovered as a matter of right
- In cases where exemplary damages are awarded to the injured party, attorney's fees are also recoverable
