Tuesday, April 15, 2014

Damages; moral damages; when entitled.


Nothing supports the trial court’s award of moral damages. There was no testimony of any physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury suffered by Ramirez. The award of moral damages must be anchored on a clear showing that Ramirez actually experienced mental anguish, besmirched reputation, sleepless nights, wounded feelings or similar injury. Ramirez’s testimony is also wanting as to the moral damages he suffered. 

- Jose T. Ramirez v. The Manila Banking Corporation, G.R. No. 198800, December 11, 2013.

See - http://lexoterica.wordpress.com/2014/01/15/december-2013-philippine-supreme-court-decisions-on-civil-law/