October 19, 2011 EMERITA M. DE ANTONIO M.

O M. Ermita De Guzman suffered Yes Construction Industry Arbitration Commission; Appeals; Factual findings of Deleting the award of actual, moral and
DIV GUZMAN TUMOLVA pecuniary loss brought construction arbitrators are final and conclusive and not reviewable by this Court on exemplary damages, but awarding temperate
about by the collapse of the appeal.There is no doubt that De Guzman incurred damages as a result of the damages in the amount of temperate damages
perimeter fence due to non- collapse of the perimeter fence. The Contractor is clearly guilty of negligence and, is increased to 150,000.00. The award shall
compliance of the therefore, liable for the damages caused. earn interest at the rate of 12% per annum
specifications agreed by the reckoned from the finality of this judgment
parties until fully paid.
De Guzman is indeed entitled to temperate damages as provided under Article 2224
of the Civil Code for the loss she suffered. When pecuniary loss has been suffered
but the amount cannot, from the nature of the case, be proven with certainty,
temperate damages may be recovered. Temperate damages may be allowed in
cases where from the nature of the case, definite proof of pecuniary loss cannot be
adduced, although the court is convinced that the aggrieved party suffered some
pecuniary loss. Undoubtedly, De Guzman suffered pecuniary loss brought about by
the collapse of the perimeter fence by reason of the Contractors negligence and
failure to comply with the specifications. As she failed to prove the exact amount of
damage with certainty as required by law, the CA was correct in awarding temperate
damages, in lieu of actual damages.

The award of moral damages must be anchored on a clear showing that she actually
experienced mental anguish, besmirched reputation, sleepless nights, wounded
feelings, or similar injury. There could not have been a better witness to this
experience than De Guzman herself. Her testimony, however, did not provide
specific details of the suffering she allegedly went through after the fence collapsed
while she was miles away in the United States. As the CA aptly observed, the
testimony of the OWNER as to her worry for the safety of the children in the
orphanage is insufficient to establish entitlement thereto. Since an award of moral
damages is predicated on a categorical showing by the claimant that she actually
experienced emotional and mental sufferings, it must be disallowed absent any
evidence thereon.