Category Archives: Torts and Damages

Attorney’s fees may be awarded when a party is compelled to litigate or to incur expenses to protect his interest by reason of an unjustified act of the other party

Even though respondents were not represented by counsel in most of the stages of the proceedings of this case, the award of attorney’s fees as ruled by the Labor Arbiter, the NLRC and the CA to the respondents is still … Continue reading

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No premium should be placed on the right to litigate and that not every winning party is entitled to an automatic grant of attorney’s fees

The petitioners further seek attorney’s fees based on Article 2208 (4) of the Civil Code, which provides that “in the absence of stipulation, attorney’s fees and expenses of litigation, other than judicial costs, cannot be recovered, except xxx (4) in … Continue reading

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The aggravating circumstance not specifically alleged in the information cannot be appreciated to increase the criminal liability of the accused, the established presence of one or two aggravating circumstances of any kind or nature entitles the offended party to exemplary damages

Under Article 2230 of the Civil Code,[32] the attendance of any aggravating circumstance (generic, qualifying, or attendant) entitles the offended party to recover exemplary damages. Here, relationship was the aggravating circumstance attendant in both cases. We need to award P30,000.00 … Continue reading

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As to the award of attorney’s fees, Article 2208 of the Civil Code provides

As to the award of attorney’s fees, Article 2208 of the Civil Code provides: ART. 2208. In the absence of stipulation, attorney’s fees and expenses of litigation, other than judicial costs, cannot be recovered, except: When exemplary damages are awarded; … Continue reading

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As an exception, moral damages may be awarded in case of breach of contract of carriage that results in the death of a passenger

           As a general rule, moral damages are not recoverable in actions for damages predicated on a breach of contract, unless there is fraud or bad faith.[8] As an exception, moral damages may be awarded in case of breach of … Continue reading

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In order that moral damages may be awarded, there must be pleading and proof of moral suffering, mental anguish, fright and the like.

In order that moral damages may be awarded, there must be pleading and proof of moral suffering, mental anguish, fright and the like.[5] While respondent alleged in his complaint that he suffered mental anguish, serious anxiety, wounded feelings and moral … Continue reading

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Is a person guilty of making intrigue liable for damages?

At most, petitioner could have been liable for damages under Article 26 of the Civil Code[21]: Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar … Continue reading

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