This case has been cited 2 times or more.
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2014-01-29 |
DEL CASTILLO, J. |
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| The Labor Arbiter's grant of actual/compensatory, moral and exemplary damages in the amount of P100,000.00 is, however, incorrect. In order to recover actual or compensatory damages, it must be capable of proof and must be necessarily proved with a reasonable degree of certainty.[74] While moral damages is given to a dismissed employee when the dismissal is attended by bad faith or fraud or constitutes an act oppressive to labor, or is done in a manner contrary to good morals, good customs or public policy. Exemplary damages, on the other hand, is given if the dismissal is effected in a wanton, oppressive or malevolent manner.[75] Here, the Labor Arbiter erred in awarding the damages by lumping actual, moral and exemplary damages. Said damages rest on different jural foundations and, hence, must be independently identified and justified.[76] Also, there are no competent evidence of actual expenses incurred that would justify the award of actual damages. Lastly, respondents were terminated after being accused of the charge of pilferage of the vessel's fuel oil after examination of the report made by the vessel's chief engineer which showed a considerable amount of fuel lost. Although the dismissal of Arguelles, Batayola, Fresnillo, Noble, Dominico, Nilmao and Austral is illegal, based on the circumstances surrounding their dismissal, petitioners could not have been motivated by bad faith in deciding to terminate their services. | |||||
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2012-08-22 |
PERALTA, J. |
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| For the damages sustained by reason of the uprooted and felled banana plants, the RTC awarded respondents P500,000.00. The CA, however, reduced the amount to P200,000.00. Under Article 2224 of the Civil Code, temperate or moderate damages are more than nominal but less than compensatory[87] which are given in the absence of competent proof on the actual damages suffered.[88] In view of the CA observations which we will quote below, we deem it proper to further reduce the above amount to P100,000.00 as temperate damages: The above observation notwithstanding, We are not about to sustain to its full extent the award given by the court a quo. Frankly, We are of the impression that the grant of P500,000 calls for the tempering hand of this Court, especially since the pictures show that while there were felled banana plants, a greater number were still left standing and unharmed. Obviously, the number of felled plants as shown in the picture was very minimal, missing the claimed number of 8,500 by quite a long shot. | |||||