This case has been cited 1 times or more.
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2009-06-19 |
CHICO-NAZARIO, J. |
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| For the same reasons discussed above, there is no basis to award petitioners exemplary damages. Similar to moral damages, exemplary damages may only be awarded if it has been shown that the wrongful act was accompanied by bad faith or done in a wanton, fraudulent and reckless or malevolent manner. Exemplary damages are allowed only in addition to moral damages such that no exemplary damage can be awarded unless the claimant first establishes his clear right to moral damages. As the moral damages are improper in the present case, so is the award of exemplary damages.[50] | |||||