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RAFAEL PATRICIO v. OSCAR LEVISTE

This case has been cited 4 times or more.

2008-09-16
VELASCO JR., J.
Moral damages can be awarded even in the absence of actual or compensatory damages. The fact that no actual or compensatory damage was proven before the trial court does not adversely affect the offended party's right to recover moral damages.[50]
2007-06-26
CHICO-NAZARIO, J.
Under the facts of the case, Bandiola is entitled to moral and exemplary damages. There is no question that moral damages may be awarded in cases when a wrongful act or omission has caused the complainant mental anguish, fright and serious anxiety.[32] Articles 2217 and 2219, in connection with Article 21 of the Civil Code, read:Art. 2217. 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 for omission.
2005-03-28
QUISUMBING, J.
In this case, the motion to declare petitioners in default was, to reiterate, made in open court and in their presence.  By their presence, notice to them is fairly constituted. What the law really eschews is not the lack of previous notice of hearing but the lack of opportunity to be heard.[18] Petitioners were not without such opportunity to contest the motion for and the order of default then and there at the trial court.