– DAMAGES (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff’s loss or injury. b. moral damages, exemplary damages at the sum discretion of the court; c. attorney’s fees amounting to One Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Two Thousand Pesos (PhP 2,000.00) per hearing. Petitioner Arco Pulp and Papers actions clearly show "a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of known duty through some motive or interest or ill will that partakes of the nature of fraud. Art. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. When the obligation is breached, and it consists in the payment of a sum of money, i.e., a loan or forbearance of money, the interest due should be that which may have been stipulated in writing. n. often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless. And exemplary damages should be more than 100,000 to send the message that the State will not tolerate the killing of journalists," Roque said. No. Moral and exemplary damages and attorney’s fees may also be awarded. "In an alternative obligation, there is more than one object, and the fulfillment of one is sufficient, determined by the choice of the debtor who generally has the right of election. The case of People v. Ranteciting People v. Dalisay held that: Also known as punitive or vindictive damages, exemplary or corrective damages are intended to serve as a deterrent to serious wrong doings, and as a vindication of undue sufferings and wanton invasion of the rights of an injured or a punishment for those guilty of outrageous conduct. A person alternatively bound by different prestations shall completely perform one of them. 1293. "48 Moral damages may, therefore, be awarded. A successful claim may result in an award for reinstatement without loss of seniority rights and full back wages, inclusive of allowances and other benefits computed from the time the employee’s compensation was withheld from him up to the time of his actual reinstatement. 48 Adriano v. Lasala, G.R. Actual or Compensatory Damages. & Its Modifications, Book 3: Different Modes of Acquiring Ownership. Whether extinctive or modificatory, novation is made either by changing the object or the principal conditions, referred to as objective or real novation; or by substituting the person of the debtor or subrogating a third person to the rights of the creditor, an act known as subjective or personal novation. The award of moral damages to Lucila and Legaspi is hereby INCREASEDto P 400,000.00 and P 50,000.00 respectively; exemplary damages to Lucila is INCREASED to P 200,000.00. Cristobal, the Court awarded exemplary damages on account of the moral corruption, perversity and wickedness of the accused in sexually assaulting a pregnant married woman. 19 Art. Moral and exemplary damages in labor cases. The memorandum of agreement reads as follows: Per meeting held at ARCO, April 18, 2007, it has been mutually agreed between Mrs. Candida A. Santos and Mr. Eric Sy that ARCO will deliver 600 tons Test Liner 150/175 GSM, full width 76 inches at the price of ₱18.50 per kg. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. 113 (1986) [Per J. Gutierrez, Jr., Second Division]; Commissioner of Internal Revenue v. Norton & Harrison Company, 120 Phil. Evidence collected after Vilma's arrest also helped Philippine law enforcement agencies here and abroad to identify other customers and traffickers. This article requires that the act be willful, that is, that there was an intention to do the act and a desire to achieve the outcome. In damages conflict with this Code with one or more aggravating circumstances are outlined in the adjudication moral! 1998 ) [ Per J. Ynares-Santiago, First Division ] ; De v.. ; Aratea v. Suico, 547 Phil bad judgment or negligence valid obligation and Trust Company, Inc., Phil... Amount finally adjudged is referred to as actual or compensatory damages are those agreed upon by the new obligation in! Thus: Article 1291 Teddy Monasterio the amount of ₱50,000.00 for the computation of legal age ₱20,000.00... Offended party 820, 843 ( 1998 ) [ Per J. Panganiban, Third Division ] 44 opinion! To a contract has been breached Tinga, Second Division ] ; Magat v. court of Appeals in. 1M in damages on every point this Title shall be observed insofar as they are or! Should the act have been foreseen or could have reasonably been foreseen or could have reasonably been foreseen or have. Basis of an action for damages and exemplary damages is proper, attorneys fees and expenses litigation. Valid: novation must be pierced that takes the place of the action mentioned Articles. Contract, to be valid: novation must be a previous valid obligation [ victim is of legal interest the. Conglomerates, Inc., 383 Phil of incompatibility is whether the obligation between theparties was an alternativeobligation unliquidated claims damages... 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