The determination of the amount of damages commensurate with the factual
findings upon which it is based is primarily the task of the trial court. [45] The Court of
Appeals may modify that amount only when its factual findings are diametrically
opposed to that of the lower court,[46] or the award is palpably or scandalously and
unreasonably excessive.[47] However, exemplary damages that are awarded by way of
example or correction for the public good,[48] should be reduced to P50,000.00, the
amount correctly awarded by the Court of Appeals. Concomitantly, the award of moral
damages of P100,000.00 was excessive and should be likewise reduced to
P50,000.00. Similarly, attorneys fees that should be granted on account of the award of
exemplary damages and petitioners evident bad faith in refusing to satisfy private
respondents plainly valid, just and demandable claims, [49] appear to have been
excessively granted by the trial court and should therefore be reduced to P25,000.00.
WHEREFORE, the instant petition for review on certiorari is DENIED. The
partnership among petitioners and private respondent is ordered dissolved, and the
parties are ordered to effect the winding up and liquidation of the partnership pursuant
to the pertinent provisions of the Civil Code. This case is remanded to the Regional Trial
Court for proper proceedings relative to said dissolution. The appealed decisions of the
Regional Trial Court and the Court of Appeals are AFFIRMED with MODIFICATIONS,
as follows ---
1. Petitioners are ordered to submit to the Regional Trial Court a formal account of the
partnership affairs for the years 1987 and 1988, pursuant to Article 1809 of the Civil
Code, in order to determine private respondents ten percent (10%) share in the net
profits of the partnership;
2. Petitioners are ordered, jointly and severally, to pay private respondent five percent
(5%) overriding commission for the one hundred and fifty (150) cookware sets
available for disposition since the time private respondent was wrongfully excluded
from the partnership by petitioners;
3. Petitioners are ordered, jointly and severally, to pay private respondent overriding
commission on the total production which, for the period covering January 8, 1988 to
February 5, 1988, amounted to P32,000.00;
4. Petitioners are ordered, jointly and severally, to pay private respondent moral
damages in the amount of P50,000.00, exemplary damages in the amount of
P50,000.00 and attorneys fees in the amount of P25,000.00.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Pardo, JJ., concur.