GR L 8362; (March, 1914) (Digest)
G.R. No. L-8362; March 30, 1914
JOSE PEREZ PASTOR, plaintiff-appellee, vs. PEDRO NOEL, ET AL., defendants-appellants.
FACTS:
The plaintiff, Jose Perez Pastor, filed an action against the defendants for the wrongful and forcible taking of property from his store in Dumanhug. The trial court ruled in favor of the plaintiff, awarding him P4,990.46 as the value of the property that was taken and subsequently destroyed or consumed. Additionally, the trial court awarded the plaintiff P2,850 (Mexican currency) as reimbursement for an amount he paid to the Compañia General de Tabacos (the company) to recover possession of certain tobacco that had been unlawfully seized by the defendants and later came into the possession of the company.
ISSUE:
1. Whether the trial court’s award of P4,990.46 for the value of the wrongfully taken property should be affirmed.
RULING:
1. On the award of P4,990.46: The Supreme Court affirmed the trial court’s award. The Court found no reason to disturb the trial judge’s findings of fact, which were supported by the evidence. The principles established in Aldamis vs. Leuterio (8 Phil. Rep., 688) and other cited authorities were deemed applicable and decisive, confirming that the plaintiff is entitled to compensation for the value of the property wrongfully taken and lost.
DISPOSITIVE PORTION:
The judgment of the trial court is AFFIRMED in all respects except for the award of P2,850 as damages, which is REVERSED. No costs are awarded in this instance.
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