This case has been cited 1 times or more.
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2005-09-20 |
CHICO-NAZARIO, J. |
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| The award of moral and exemplary damages is left to the sound discretion of the court, and if such discretion is well exercised, as in this case, it will not be disturbed on appeal.[33] In the case of Philippine Telegraph & Telephone Corporation v. Court of Appeals,[34] we had the occasion to reiterate the conditions to be met in order that moral damages may be recovered. In said case we stated:An award of moral damages would require, firstly, evidence of besmirched reputation, or physical, mental or psychological suffering sustained by the claimant; secondly, a culpable act or omission factually established; thirdly, proof that the wrongful act or omission of the defendant is the proximate cause of the damages sustained by the claimant; and fourthly, that the case is predicated on any of the instances expressed or envisioned by Articles 2219[35] and 2220[36] of the Civil Code. | |||||