This case has been cited 3 times or more.
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2011-05-30 |
CARPIO, J. |
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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.[17] While respondents alleged sleepless nights and mental anguish in their petition for relief, they failed to prove them during the trial. Mere allegations do not suffice. They must be substantiated. Furthermore, the trial court made no reference to any testimony of the respondents on their alleged physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury as would entitle them to moral damages. | |||||
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2009-11-25 |
NACHURA, J. |
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| As a rule, an award of attorney's fees should be deleted where the award of moral and exemplary damages is not granted.[34] Nonetheless, attorney's fees may be awarded where the court deems it just and equitable even if moral and exemplary damages are unavailing.[35] In the instant case, we find no reversible error in the grant of attorney's fees by the CA. | |||||
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2008-08-26 |
REYES, R.T., J. |
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| The same failure to prove fraud which purportedly resulted to a vitiated marital consent was found in Villanueva v. Court of Appeals.[68] In Villanueva, instead of proving vitiation of consent, appellant resorted to baseless portrayals of his wife as a perpetrator of fraudulent schemes. Said the Court:Factual findings of the Court of Appeals, especially if they coincide with those of the trial court, as in the instant case, are generally binding on this Court. We affirm the findings of the Court of Appeals that petitioner freely and voluntarily married private respondent and that no threats or intimidation, duress or violence compelled him to do so, thus - | |||||