This case has been cited 3 times or more.
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2015-10-05 |
BRION, J. |
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| Moral damages predicated upon a breach of a carriage contract is only recoverable in instances where the mishap results in the death of a passenger,[16] or where the carrier is guilty of fraud or bad faith.[17] Bad faith is not simple negligence or bad judgment; it involves ill intentions and a conscious design to do a wrongful act for a dishonest purpose..[18] | |||||
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2011-04-06 |
CARPIO MORALES, J. |
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| Malice or bad faith implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity; it is different from the negative idea of negligence in that malice or bad faith contemplates a state of mind affirmatively operating with furtive design or ill will.[27] While the Court harbors no doubt that the incidents which gave rise to this dispute have brought anxiety and anguish to respondent, it is unconvinced that the damage inflicted upon respondent's property was malicious or willful, an element crucial to merit an award of moral damages under Article 2220 of the Civil Code. | |||||
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2000-11-23 |
PARDO, J. |
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| To settle this, it must be determined whether respondents committed quasi-delict and acted in bad faith. Malice or bad faith implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity.[40] | |||||