This case has been cited 2 times or more.
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2012-06-27 |
BERSAMIN, J. |
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| We sustain the CA's deletion of the RTC's award of 10% attorney's fees. Under Article 2208, Civil Code, an award of attorney's fees requires factual, legal, and equitable justifications. Clearly, the reason for the award must be explained and set forth by the trial court in the body of its decision. The award that is mentioned only in the dispositive portion of the decision should be disallowed.[41] | |||||
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2012-04-25 |
VELASCO JR., J. |
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| In Nazareno v. City of Dumaguete,[45] the Court expounded on the requisite elements for a litigant's entitlement to moral damages, thus: Moral damages are awarded if the following elements exist in the case: (1) an injury clearly sustained by the claimant; (2) a culpable act or omission factually established; (3) a wrongful act or omission by the defendant as the proximate cause of the injury sustained by the claimant; and (4) the award of damages predicated on any of the cases stated Article 2219 of the Civil Code. In addition, the person claiming moral damages must prove the existence of bad faith by clear and convincing evidence for the law always presumes good faith. It is not enough that one merely suffered sleepless nights, mental anguish, and serious anxiety as the result of the actuations of the other party. Invariably such action must be shown to have been willfully done in bad faith or with ill motive. Bad faith, under the law, does not simply connote bad judgment or negligence. It imports a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of a known duty through some motive or interest or ill will that partakes of the nature of fraud. (Emphasis supplied.) | |||||