This case has been cited 5 times or more.
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2015-01-28 |
REYES, J. |
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| Nevertheless, the petitioner is not entitled to moral and exemplary damages. "A dismissed employee is entitled to moral damages 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 may be awarded if the dismissal is effected in a wanton, oppressive or malevolent manner."[61] | |||||
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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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2008-10-29 |
NACHURA, J. |
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| A dismissed employee is entitled to moral damages 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, may be awarded if the dismissal is effected in a wanton, oppressive or malevolent manner.[59] The award of said damages cannot be justified solely upon the premise that the employer fired his employee without just cause or due process. It is necessary that additional facts be pleaded and proven that the act of dismissal was attended by bad faith, fraud, et al., and that social humiliation, wounded feelings and grave anxiety resulted therefrom.[60] | |||||