1. (People vs Agustin, 350 SCRA 216, '01) Atty's fees may be recovered when exemplary damages are awarded. Usually awarded in the absence of proof of actual damages. It also denied the petitioner’s subsequent motion forreconsideration. (Art. An action for the recovery of damages is a personal action. 2217. (GSIS v. Labung-Deang, 365 SCRA 341). The rationale behind the exemplary damages is to provide an example or correction for public good and not to enrich the victim. Recovery of Real or Personal Property, Damages, etc... Non-payment / Underpayment of Salaries and Benefits. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. (Atlantic Erectors, Inc., vs. Court of Appeals, G.R. They simply make good or replace the loss caused by the wrong. (Compania Maritima v. Allied Free Worker’s Union, G.R. Aside from the need for the claimant to satisfactorily prove the existence of the factual basis of the damages, it is also necessary to prove its causal relation to the defendant’s act (Raagas v. Trava, G.R. (People v. Orilla, 422 SCRA 620) Manner of Determination. MANILA, Philippines — The Supreme Court (SC) has ordered a manning agency and its principal to pay a seafarer the remainder of his contract and damages after a … That the claimant is entitled to moral, temperate or compensatory damages; and 2. The court imposed sentences of reclus​ión perpetua (minimum of 30 years imprisonment) for the rape and 12 – 20 years imprisonment for the crime of lasciviousness. It awarded BBB a total of P300,000 in civil indemnity, moral damages, and exemplary damages. (Mariano Mendoza … ‘Damages’ is a term defined by the Supreme Court in the case of MEA Builders, Inc. vs. Court of Appeals, G.R. (Mariano Mendoza vs. Leonora Gomez, G.R. The award of damages should be PhP 30,000 as civil indemnity and PhP 30,000 as moral damages. EXEMPLARY DAMAGES MAY BE AWARDED IN THE FOLLOWING CASES: 1. BATASnatin LIVE! NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. Article 2234. (Robleza v. CA, 174 SCRA 354). (Kierulf vs. Court of Appeals, G.R. If it exceeds the jurisdictional amount (Four hundred thousand pesos (P400, 000.00) in MeTCs, and Three hundred thousand pesos (P300, 000.00) in MTCs, MTCCs, and MCTCs), the Regional Trial Court shall have exclusive jurisdiction. No proof of pecuniary loss is necessary. No proof of pecuniary loss is necessary. In 1971, Coca-Cola Bottlers Phils., Inc. (Coke Bottlers, for brevity) hired respondent Jose Roque as a route helper. Under Article 2226 of the Civil Code, liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. Visit our website www.ndvlaw.com. That the claimant is entitled to moral, temperate or compensatory damages; and 2. MANILA, Philippines (2nd UPDATE) ... exemplary damages are only imposed on criminal offenses when the crime was committed with one or more aggravating circumstances, which are absent in … Necessary cookies are absolutely essential for the website to function properly. 170732, 11 October 2012). If you need assistance in civil or other criminal law-related issues,  we can help you. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. By continuing to browse our website, you are agreeing to our use of cookies, and to our, Website Privacy, Terms of Use, and Cookie Notice, Family Law, Estate Planning, Wills and Succession, Corporate Law Services, Incorporation and Business Registration, Due Diligence, Mergers and Acquisitions, Labor Law, Commercial Law and Litigation, Administrative, Criminal & Civil Litigation, Intellectual Property Law, Entertainment Law & Litigation, Local Government, Election Law and Administrative Law, civil or other criminal law-related issues, COMPUTING EMPLOYEE PREMIUM PAY IN THE PHILIPPINES, Protecting Property Rights through Adverse Claim Registration, Current FDA Probiotics Regulations in the Philippines, Jurisprudential Tests of Doing Business in the Philippines, (+632) 8470-6126 / 8546-6126 / 8470-6130 / 8696-0397 / 8401-6392 / 8806-5236. As a pre-condition to such award, however, there must be proof of the fact of delay in the performance of the obligation. [3] The facts of the case are not disputed. At a press conference after … Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant’s wrongful act or omission. However, there must be proof that the defendant caused physical suffering etc. Nos. 1. circumstances. L-31379, Aug. 29, 1988). 99301, 13 March 1997). ID. Protection of the Environment and Natural Resources. Purpose. (Republic of the Philippines vs. Alberto Looyuko, G.R. Pepito Neverio and The People of the Philippines v. Lorenzo Layco, Sr., the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. The cases stemmed from a 1988 case where four soldiers were held captive by the communist group for about two months. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Article 2229 of the Civil Code, on the other hand, provides for recovery of exemplary damages: Art. This website uses cookies to improve your experience while you navigate through the website. We also use third-party cookies that help us analyze and understand how you use this website. Exception: Criminal cases. The Armed Forces of the Philippines also welcomed the conviction of the Tiamzon couple. Yes, exemplary damages may also be awarded. These cookies do not store any personal information. L-14333, 28 January 1961, the Supreme Court elucidated the recovery of moral damages, to wit: “Moral damages are recoverable only when physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation, and similar injury are the proximate result of a criminal offense resulting in physical injuries, quasi-delicts causing physical injuries, seduction, abduction, rape or other lascivious acts, adultery or concubinage, illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of defamation, malicious prosecution, disrespect for the dead or wrongful interference with funerals, violation of specific provisions of the Civil Code on human relations, and willful injury to property. 2231 of the damages claimed of our pages use cookies and similar technologies new Civil Code, damages. £3,170 ) in moral damages to elders who abuse and corrupt the,. 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