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METROPOLITAN BANK v. BERNARDITA H. PEREZ

This case has been cited 1 times or more.

2011-10-19
MENDOZA, J.
Certainly, the award of moral damages must be anchored on a clear showing that she actually experienced mental anguish, besmirched reputation, sleepless nights, wounded feelings, or similar injury. There could not have been a better witness to this experience than De Guzman herself.[16]  Her testimony, however, did not provide specific details of the suffering she allegedly went through after the fence collapsed while she was miles away in the United States. As the CA aptly observed, "the testimony of the OWNER as to her worry for the safety of the children in the orphanage is insufficient to establish entitlement thereto."[17] Since an award of moral damages is predicated on a categorical showing by the claimant that she actually experienced emotional and mental sufferings, it must be disallowed absent any evidence thereon.[18]