This case has been cited 2 times or more.
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2010-10-06 |
LEONARDO-DE CASTRO, J. |
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| At this point, the finding of the Court of Appeals of bad faith and malice on the part of petitioners has no factual basis. Good faith is presumed and he who alleges bad faith has the duty to prove the same. Good faith refers to the state of the mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of another. Bad faith, on the other hand, does not simply connote bad judgment to simple negligence. It imports a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of known duty due to some motive or interest or ill will that partakes of the nature of fraud. Malice connotes ill will or spite and speaks not in response to duty. It implies an intention to do ulterior and unjustifiable harm.[30] | |||||
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2005-11-29 |
CORONA, J. |
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| Clearly, both the trial and appellate courts observed that, in pursuing their case against David and seeking the implementation of the MTC decision, respondents committed various acts in bad faith and in deliberate disregard of their existing contractual relationship with petitioner. Both courts further determined that petitioner was prejudiced and had incurred damages as a consequence of the acts of respondents in bad faith, that is, acts which imported a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of known duty due to some motive or interest or ill-will that partook of the nature of fraud.[7] In such a case, the law is clear: those who in the performance of their obligations are guilty of fraud, negligence or delay and those who, in any manner contravene the tenor thereof, are liable for damages.[8] | |||||