CA upholds ruling on 2007 fire

CEBU, Philippines - The fire that broke at the house of couple Alejandro and Liza Nacorda in Barangay Quiot Pardo, Cebu City in 2007 was caused by negligence and was the reason seven other houses were also burned down.

These findings of the Regional Trial Court were affirmed by the Court of Appeals in a decision that directed the Nacorda couple to pay for compensation.

Associate Justice Ma. Luisa Quijano-Padilla directed the couple to pay spouses Medardo and Jocelyn Delfino P100,000 in damages  at the rate of six percent per annum from the date of finality of the judgment until the amount is paid fully.

“Undoubtedly, spouses Delfino suffered pecuniary loss brought about by the fire which burned their house by reason of defendants-appellants negligence. As they failed to prove the exact amount of damage with certainty as required by law, it is correct for the trial court to award them temperate damages, in lieu of actual damages. We find the award of P100,000 by way of temperate damages as reasonable and just under the circumstances,” the decision reads.

Padilla, however, removed the award of attorney’s fees.

The Delfino couple alleged that the fire that started at the Nacorda residence was triggered by an electric iron that was left plugged inside the room of the couple’s son. The damage caused by the fire to the house of the Delfino couple reportedly amounted to P300,000.

The Nacordas couple said the fire was purely an accident. They also denied that there was a flat iron at their house because it was reportedly being repaired by their neighbor at that time.

The trial court then directed the Nacordas couple to pay the Delfino couple P100,000 and P50,000 as attorney’s fees.

Nacordas then appealed the decision of the trial court, saying that the decision of the lower court erred in finding that the fire was caused by the negligence. 

“On the issue of attorney’s fees, we agree with defendants-appellants, and hold the award of attorney’s fees not proper. Other than stating the award of attorney’s fees in the dispositive portion of the decision, nowhere in the body of the decision did the trial court state the factual or legal bass thereof,” the decision reads.   (FREEMAN)