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VICTORINO MAGAT v. CA

This case has been cited 6 times or more.

	GR No. 170134 2015-06-17	ANGEL V. TALAMPAS v. MOLDEX REALTY BRION, J.
We cannot award moral and exemplary damages to the petitioner in the absence of fraud on the respondent’s part. To recover moral damages in an action for breach of contract, the breach must be palpably wanton, reckless, malicious, in bad faith, oppressive or abusive.[52] In the same manner, to warrant the award of exemplary damages, the wrongful act must be accompanied by bad faith, such as when the guilty party acted in a wanton, fraudulent, reckless or malevolent manner.[53]
	GR No. 164703 2010-05-04	ALLAN C. GO v. MORTIMER F. CORDERO VILLARAMA, JR., J.
Respondents having acted in bad faith, moral damages may be recovered under Article 2219 of the Civil Code.[69] On the other hand, the requirements of an award of exemplary damages are: (1) they may be imposed by way of example in addition to compensatory damages, and only after the claimant's right to them has been established; (2) that they cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant; and (3) the act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner.[70] The award of exemplary damages is thus in order. However, we find the sums awarded by the trial court as moral and exemplary damages as reduced by the CA, still excessive under the circumstances.
	GR NO. 164801 2006-06-30	PHILIPPINE NATIONAL BANK v. HEIRS OF ESTANISLAO MILITAR YNARES-SANTIAGO, J.
Contrastingly, in Magat, Jr. v. Court of Appeals the Court explained that "[b]ad faith does not simply connote bad judgment or negligence. It imports a dishonest purpose or some moral obliquity and conscious doing of wrong. It means a breach of a known duty through some motive or interest or ill will that partakes of the nature of fraud."[20] In Arenas v. Court of Appeals the Court held that the determination of whether one acted in bad faith is evidentiary in nature.[21] Thus "[s]uch acts (of bad faith) must be substantiated by evidence."[22] Indeed, the unbroken jurisprudence is that "[b]ad faith under the law cannot be presumed; it must be established by clear and convincing evidence.[23]
	GR No. 140160 2004-01-13	LAND BANK OF PHILIPPINES v. FELICIANO F. WYCOCO YNARES-SATIAGO, J.
The award of actual damages for unrealized profits should be deleted. The amount of loss must not only be capable of proof, but must be proven with a reasonable degree of certainty. The claim must be premised upon competent proof or upon the best evidence obtainable, such as receipts or other documentary proof.[40] None having been presented in the instant case, the claim for unrealized profits cannot be granted.
	GR No. 125817 2002-01-16	ABELARDO LIM v. CA BELLOSILLO, J.
In the present case, petitioners insist that as the passenger jeepney was purchased in 1982 for only P30,000.00 to award damages considerably greater than this amount would be improper and unjustified. Petitioners are at best reminded that indemnification for damages comprehends not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. In other words, indemnification for damages is not limited to damnum emergens or actual loss but extends to lucrum cessans or the amount of profit lost.[13]
	GR No. 142029 2001-02-28	ERLINDA FRANCISCO v. RICARDO FERRER PARDO, J.
We agree. "To recover moral damages in an action for breach of contract, the breach must be palpably wanton, reckless, malicious, in bad faith, oppressive or abusive."[11]