This case has been cited 4 times or more.
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2016-01-11 |
LEONEN, J. |
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| The award for moral and exemplary damages also appears to be sufficient. Moral damages are granted to alleviate the moral suffering suffered by a party due to an act of another, but it is not intended to enrich the victim at the defendant's expense.[127] It is not meant to punish the culpable party and, therefore, must always be reasonable vis-a-vis the injury caused.[128] Exemplary damages, on the other hand, are awarded when the injurious act is attended by bad faith.[129] In this case, respondent was found to have misrepresented its right over the generator set that was seized. As such, it is properly liable for exemplary damages as an example to the public.[130] | |||||
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2015-03-25 |
REYES, J. |
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| A judgment on the pleadings is a judgment on the facts as pleaded,[17] and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes.[18] It is settled that the trial court has the discretion to grant a motion for judgment on the pleadings filed by a party if there is no controverted matter in the case after the answer is filed.[19] A genuine issue of fact is that which requires the presentation of evidence, as distinguished from a sham, fictitious, contrived or false issue.[20] Come to think of it, under Rule 35, on Summary Judgments, Comglasco had recourse to move for summary judgment, wherein it could have adduced supporting evidence to justify its action on the parties' lease, but it did not do so. Section 2 of Rule 35 provides: Sec. 2. Summary judgment for defending party. - A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment in his favor as to all or any part thereof. | |||||
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2013-01-21 |
DEL CASTILLO, J. |
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| Bad faith "means breach of a known duty through some motive or interest or ill will."[109] By refusing to honor their solemn obligations under the lease, and instead unduly profiting from these violations, petitioners are guilty of bad faith. Moral damages may be awarded when the breach of contract is attended with bad faith.[110] "Exemplary damages may [also] be awarded when a wrongful act is accompanied by bad faith or when the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner x x x. [And] since the award of exemplary damages is proper in this case, attorney's fees and costs of the suit may also be recovered,[111] as stipulated in the lease agreement. | |||||
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2012-02-15 |
PEREZ, J. |
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| Furthermore, we affirm the award of exemplary damages and attorney's fees. Exemplary damages may be awarded when a wrongful act is accompanied by bad faith or when the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner which would justify an award of exemplary damages under Article 2232 of the Civil Code. Since the award of exemplary damages is proper in this case, attorney's fees and cost of the suit may also be recovered as provided under Article 2208 of the Civil Code.[17] | |||||