Thursday, April 9, 2009

PAL V. CA (REMEDIAL)


It is a well-entrenched principle that absent any showing of grave abuse of discretion or any palpable error in its findings, this Court will not question the probative weight accorded by the lower courts to the various evidence presented by the parties.

It is also well established that findings of trial courts on the credibility of witnesses is entitled to great respect and will not be disturbed on appeal except on very strong and cogent grounds.

In fine, the findings of the trial court, as sustained by the CA, have to be respected. As we have consistently held, trial courts enjoy the unique advantage of observing at close range the demeanor, deportment, and conduct of witnesses as they give their testimonies. Thus, assignment to declaration on the witness stand is best done by them who, unlike appellate magistrates, can weigh firsthand the testimony of a witness.

As to moral damages, it should be stresses that moral damages are not intended to enrich a plaintiff at the expense of the defendant. They are not punitive in nature. While there is no hard and fast rule for determining what would be a fair amount of moral damages, generally, the amount awarded should be commensurate with the actual loss or injury suffered.


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