This case has been cited 4 times or more.
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2008-02-29 |
VELASCO JR., J. |
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| Whereas in Cathay Pacific Airways, Ltd. v. Vasquez, we ruled that exemplary damages may only be awarded if the act of the offender is attended by bad faith or done in wanton, fraudulent, or malevolent manner.[18] | |||||
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2006-09-20 |
CALLEJO, SR., J. |
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| We do not agree with the ruling of the CA that the MTDC committed a breach of its lease contract with Nakpil when it failed to comply with its obligation as lessor, and that the MTDC is liable for nominal damages. Breach of contract is the failure without legal reason to comply with the terms of a contract. It is also defined as the failure, without legal excuse, to perform any promise which forms the whole or part of the contract.[36] There is no factual and legal basis for any award for damages to respondent. | |||||
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2004-05-28 |
PANGANIBAN, J. |
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| Regrettably, in this case CASA was unable to identify the particular instance -- enumerated in the Civil Code -- upon which its claim for moral damages is predicated.[156] Neither bad faith nor negligence so gross that it amounts to malice[157] can be imputed to BPI. Bad faith, under the law, "does not simply connote bad judgment or negligence;[158] 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."[159] | |||||
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2003-11-11 |
CALLEJO, SR., J. |
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| On the third issue, for the award of moral damages to be granted, the following must exist: (1) there must be an injury clearly sustained by the claimant, whether physical, mental or psychological; (2) there must be a culpable act or omission factually established; (3) the wrongful act or omission of the defendant is the proximate cause of the injury sustained by the claimant; and (4) the award for damages is predicated on any of the cases stated in Article 2219 of the Civil Code.[35] | |||||