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CA
GR No. 85296 May 14, 1990
By Kylie Dado
FACTS:
Private Respondent Lawrence Fernandez insured his car
for own damage with Zenith Insurance. On July 6, 1983,
the car figured in an accident and suffered actual
damages amounting to P3,640.
After allegedly being given a run around by Zenith for 2
months, Fernandez filed a complaint with the RTC-Cebu
for sum of money and damages resulting form the refusal
of Zenith to pay the amount claimed.
o Aside from the actual damages + interests, he also
prayed from moral damages (P10K), exemplary
damages (P5K), attys fees (P3K) and litigation
expenses (P3K).
Zenith filed an answer: it offered to pay the claim
pursuant to the terms and conditions of the contract but
Fernandez refused to receive it.
Procedure:
o RTC = scheduled a pre-trial but terminated it upon
petitioners motion.
o Zenith failed to present its evidence as it failed to
appear in court w/o justifiable reason so the trial
court submitted the case for decision.
o Zenith = filed petition for certiorari
Denied due course
RTC: Ruled in favor of Fernandez.
Zenith filed a notice of appeal before the trial court.
It was granted in the same order granting
Fernandezs motion for execution pending
appeal
As to attorneys fees
P5K is justified considering that there were other petitions
filed and defended by Fernandez in connection with this
case.
As to actual damages
P3640 had been established before the trial court and
affirmed by CA. CA correctly ruled that the deductions
aboved-mentioned had no basis.