V. Sotto Medical Surgery Spectacle

[giddyboy]

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.. what's funny about this whole issue is the penalty of six million pesos worth of damages to be paid to janjan if proven guilty. Crap, is janjan really worth 6 million pesos ?? He is a nobody, not unless if he's a prominent figure in cebu or a professional in which moral damages can really hurt your reputation, but janjan C'mon, super outrageous claims.

magbuot diay kng 6M ang kwentada sa abogado ni Jan2x? That is what we call "INCAPABLE OF PECUNIARY COMPUTATION"...and still, mausab ra na sa korte in case mudaug cya...it could be lesser than the computed amt.

"Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant’s wrongful act or omission (Article 2217 of the Civil Code).

The trial courts are given the discretion to determine the amount of such damages.

Actual damages include attorney’s fees and costs—when a party is compelled to litigate or to incur expenses to protect its interest by reason of an unjustified act of another.

All the foregoing damages, however, must be established with clear and convincing evidence to entitle the party to the same."

---the manila times

is Jan2x's physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, WORTH 6M pesos? i dunno, maybe, maybe not. For human rights groups, maybe this is not even enough. For insensitive people, maybe 6k would do just fine. who knows?

Pre, kung akoy prominent figure dili ra 6M akong pangayoon. 10M kuwang pa gani cguro na...hehe

sa 6M, hmmmm, nya ibutang ta lang 15 kabuok defendants. aw amot gyud cla ug tag P400,000 each...hehe

MAO NAY GITAWAG UG TAGAM...

di man ta abogado...so kinsa may abogado nato dire, what can u say?

[chad_tukes]

is Jan2x's physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, WORTH 6M pesos? i dunno, maybe, maybe not. For human rights groups, maybe this is not even enough. For insensitive people, maybe 6k would do just fine. who knows?

for insensitive people, 6M is definitely too much. 6k hinuon. hahaha

[fingolfin]

.. as stated on Article 2217 of the Civil Code that you've posted above, it is clear that the attorney of Janjan or maybe Dave or maybe those human rights group or maybe janjan's family.... or to make it short, maybe the amount came to six million because many will have their share. As i've heard here in our barangay, actually my barrio and janjan's barrio are neighbours, hehehe... janjan's party are now " counting their chicks before the egg hatches" saying MGA DOCTOR BITAW NA, DAGHAN NA KWARTA, MUHATAG LAGI NA. That's how ugly this situation has become. It's not about morals anymore but money.....

money = lingin nga katarungan


..actually we have a lawyer here minuano27 ... hope he sheds light on this discussion of ours.

[Soul Doctor]

.. what's funny about this whole issue is the penalty of six million pesos worth of damages to be paid to janjan if proven guilty. Crap, is janjan really worth 6 million pesos ?? He is a nobody, not unless if he's a prominent figure in cebu or a professional in which moral damages can really hurt your reputation, but janjan C'mon, super outrageous claims.

We all know that this is just another negotiation strategy.
You start with a big damage claim then both sides negotiate.
They huggle until both sides come to an agreeable amount of settlement.
If Janjan is lucky they could get P2M.

[ursoman]

for insensitive people, 6M is definitely too much. 6k hinuon. hahaha

basin bro.. nasayop silag pangayo maong gibarogan nalng nila ang 6M instead sa 6k..hehehe..

para nako pagkadungog nako nagkatawa jud ko anang hitaboa kay makaingon pod tang gaba siguro niya,, pero blessing in disguise gihapon kay di pinaagi niya di ma expose ang bati na binohatan sa ospital..

[giddyboy]

We all know that this is just another negotiation strategy.
You start with a big damage claim then both sides negotiate.
They huggle until both sides come to an agreeable amount of settlement.
If Janjan is lucky they could get P2M.

mao gyud. usually magsugod na ug taas2x nga amt nya mag negotiate dayon to bring it down, say, 2M...as far as Jan2x's lawyer is concerned, good thinking ky kung ubos2x pa, sure nga manegotiate pa na ug mas lower. So why not taason nlng daan, di ba?

Also, if he wins the case, pila man sab kabuok iyang gipang kiha, di ba more than 10 peeps? so it would make each defendant pay around less than half a million for the damages. IMHO, 100-200K each would do just fine for a case like Jan2x...

PLEASE note that this is a CIVIL CASE...

also, if im not mistaken, one of the factors in the computation is the NUMBER OF YEARS you have to undergo physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, and social humiliation caused by the unfortunate incident...another factor also is HOW FAR did his humiliation took like is it local in scope ba, national, or international...

[br]Posted on: May 09, 2008, 11:37:53 PM_________________________________________________

.. as stated on Article 2217 of the Civil Code that you've posted above, it is clear that the attorney of Janjan or maybe Dave or maybe those human rights group or maybe janjan's family.... or to make it short, maybe the amount came to six million because many will have their share. As i've heard here in our barangay, actually my barrio and janjan's barrio are neighbours, hehehe... janjan's party are now " counting their chicks before the egg hatches" saying MGA DOCTOR BITAW NA, DAGHAN NA KWARTA, MUHATAG LAGI NA. That's how ugly this situation has become. It's not about morals anymore but money.....

money = lingin nga katarungan


..actually we have a lawyer here minuano27 ... hope he sheds light on this discussion of ours.

counting before the eggs are hatched? in what way? like galalis na cla unsaon pag gasto sa 6M? hehe

in the rule of law:
MORAL STANDING: moral damages => monetary compensation as determined by the trial court

in the divine law:
MORAL STANDING: moral damages => forgiveness as quoted in the Bible

murag lahi ra...layo ra man sab kaayo ma santoson c Jan2x...

anyways, i hope minuano27 can shed light on this matter as a lawyer...

[fingolfin]

.. yeah, more or less like that, they're already thinking on how to spend the 6M..


.. this one's good though:

in the divine law:
MORAL STANDING: moral damages => forgiveness as quoted in the Bible

murag lahi ra...layo ra man sab kaayo ma santoson c Jan2x... angel

.. hehehe. Janjan the martyr, yeah right. hehe.. it's more of FIRE IN THE HOLE

[chad_tukes]

one quick question though:

if you guys were in JANJAN's situation, would you go for the 6M to pay for the moral damages? or just rather shut up and forget the whole goddamn thing? besides, nobody have seen your face anyway so why bother?

[fingolfin]

.. that's what i'm always ranting about... click HERE

NO FACE = NO IDENTITY = NO HUMILIATION

[chad_tukes]

.. that's what i'm always ranting about... click HERE

NO FACE = NO IDENTITY = NO HUMILIATION

so answer my question.