By Perfecto Raymundo
MANILA, (PNA) — The Court of Appeals has ordered actor and former San Juan City Rep. Jose Mari Gonzales to pay moral damages of ₱200,000 for slapping the then House of Representatives Sergeant-at-arms Bayani Fabic during the impeachment proceedings against then President Joseph “Erap” Ejercito Estrada in 2000.
In a 19-page ruling written by Associate Justice Fernanda Lampas Peralta and promulgated on Sept. 30, 2013, the CA ordered Gonzales to pay Editha Atienza Fabic, the wife of Bayani, the said amount as moral damages.
The CA upheld with modification the order issued by the Quezon City Regional Trial Court which granted the civil case filed by Editha who substituted Bayani after the latter died on Aug. 17, 2011.
Concurring with the ruling were Associate Justices Angelita Gacutan and Francisco Acosta.
The original award given by the Quezon City RTC to Fabic was ₱600,000, ₱500,000 of which as moral damages and ₱100,000 as attorney’s fees.
However, the CA said moral damages are not intended to impose a penalty “to the wrongdoer, neither to enrich the claimant at the expense of the defendant.”
Records of the case showed Gonzales slapped Fabic during the impeachment proceedings at the House of Representatives against former President Estrada in November 2000.
The CA said Gonzales did not present evidence as to his claim that the “karate chop” was justified.
“It bears stressing that whether the blow administered by defendant-appellant was a slap or karate chop, is immaterial. In the exercise of rights and performance of duties, everyone must act with justice,” it said.
“It is axiomatic that bare allegations, unsubstantiated by evidence, are not equivalent to proof. It is an age-old rule in civil cases that he who alleges a fact has the burden of proving it and a mere allegation is not evidence,” it added.