This case has been cited 1 times or more.
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2010-08-25 |
CARPIO, J. |
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| With regard to PAL's other counterclaims, settled is the rule that the award of moral and exemplary damages as well as attorney's fees is discretionary based on the facts and circumstances of each case. The actual losses sustained by the aggrieved parties and the gravity of the injuries must be considered in arriving at reasonable levels.[66] Understandably, Casiño and Isaac suffered sleepless nights and were temporarily unable to work after the collision. They are thus entitled to moral damages as well as exemplary damages considering that PAC's pilots acted with gross negligence.[67] Attorney's fees are generally not recoverable except when exemplary damages are awarded[68] as in this case. We thus deem the amounts of P100,000 in moral damages, P100,000 in exemplary damages, and P50,000 in attorney's fees to be in accordance with prevailing jurisprudence and appropriate given the circumstances. | |||||