Practice question
A machine suffers a repairable defect. Competent evidence shows full restoration costs PHP30,000 and eliminates the claimed remaining diminution. The owner seeks both that repair cost and the entire undamaged machine value as compensation for the same physical loss, while retaining the restored machine. No distinct loss is established. Which is correct?
- The award must avoid compensating that identical property loss twice
- Repair and the whole undamaged value must always both be paid
- Keeping the restored machine is legally irrelevant to duplication
- The owner automatically receives triple value
- The defendant must buy every other machine too
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2199–2200,2205.
- Metro Rail Transit v Gammon Philippines GR200401 January17,2018 MAIN: https://lawphil.net/judjuris/juri2018/jan2018/gr_200401_2018.html Lost-profit proof and net profit estimate.
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