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ANNOTATION
MORAL DAMAGES: WHEN IS IT RECOVERABLE
AND WHEN IS IT NOT RECOVERABLE
by
MAURICIO C. ULEP*
___________________
 
§ 1. Definition of “Damages” in general, p. 688
§ 2. Scope of Moral Damages, p. 689
§ 3. Trial courts are given discretion to determine moral damages. However, it may be
reduced if it is excessive, p. 689
§ 4. When recoverable, p. 692
§ 5. Instances where Moral Damages are notrecoverable, p. 700
 
___________________
 
§ 1. Definition of “Damages” in general
In legal contemplation, the term “damages” is the sum of money which the law awards or
imposes as a pecuniary compensation, a recompense or satisfaction for an injury done or a wrong
sustained as a consequence of either of a breach of a contractual obligation or a tortuous act.
(MEA Builders, Inc. v. Court of Appeals, 450 SCRA 155 [2005])

_______________

*  Former Associate Dean, UE College of Law; Professor of Law; Author of Law Books.

 
 
689

VOL. 818, 689
FEBRUARY 27,
2017
Moral Damages: When is
it Recoverable and When
is it Not Recoverable

§ 2. Scope of Moral Damages
 
Moral damages applies both to natural and juridical persons. (Arts. 37-40 and 44-46, New Civil
Code)
An award for the death of a person does not cover the case of an unborn foetus that is not
endowed with personality. The damages recoverable by the parents of an unborn child are limited
to the moral damages for the illegal arrest of the normal development of the foetus on account of
distress and anguish attendant to its loss. (Geluz v. Court of Appeals, 2 SCRA 801 [1961])
Where the appellant is guilty of bad faith in not carrying out his agreement with the appellee,
the latter is entitled to recover moral damages. (Coscolluela v. Valderrrama, 2 SCRA 1095 [1961])

Trial courts are given discretion to determine moral damages. Tan. the same may be reduced if it is found excessive. Fontana Resort and Country Club.00 in moral damages was given to a lady driver in a vehicular accident since her left leg was amputated and she subsequently used a prosthetic device. Del Rosario v. (See Metro Manila Transit Corporation v.000. the heirs may demand moral damages commensurate with the mental anguish they suffered.000.00 was awarded as moral damages to the heirs of a victim who was killed by the driver of a speeding bus while crossing the street to buy food for Noche Buena. However. The Supreme Court held that with this condition. Surro and Manila Electric Company. they should exercise balanced restraint and measured objectivity to avoid suspicion that it was due to passion. 253 SCRA 303 [1996]) (d) The heirs of another victim of a vehicular accident were awarded P500. (Secosa v.000. v. an award of P1.. (De Leon Brokerage Co. v. 661 SCRA 392 [2011]) (a) Thus. the sensory functions are forever lost. an award of P7. Heirs of Erwin Suarez Francisco. an award of P500. Lira. The resultant anxiety. Trial courts must guard against the award of exorbitant damages. in one case. 267 SCRA 158 [1997])   § 3. 664 SCRA 382 [2012]) Trial courts are given discretion to determine moral damages and the Court of Appeals can only modify or change the amount awarded when they are palpably and scandalously excessive “so as to indicate that it was the result of passion. In addition to the damages award for the death of a passenger. 93 Phil. it may be reduced if it is excessive   There is no hard and fast rule in the determination of what would be a fair amount of moral damages.000. (Filinvest Credit Corporation v. Intermediate Appellate Court. sleeplessness. 3 SCRA 124 [1961]. 386 SCRA 126 [2002]) (c) In still another case. Court of Appeals.000. (Inhelder   . Court of Appeals. Inc. (Valenzuela v. mental and physical pain are inestimable. 4 SCRA 517 [1962]) (b) In another case.00 in moral damages was given to a 16-year-old pretty girl who suffered pain and disfigurement whose left arm had been scraped bare of flesh from shoulder to her elbow because of a vehicular accident. Yuchengco v. since each case must be governed by its own peculiar circumstances. (Mercado v. 433 SCRA 273 [2004]) However. prejudice or corruption on the part of the trial court. prejudice or corruption on the part of the trial court.”     690 690 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable (Alcantara v. Court of Appeals. 166 SCRA 155 [1988].00 for the sudden death of a member of their family who was a third year physical therapy student. 472 [1953]. Inc. The Manila Chronicle Publishing Corporation. psychological injury. Court of Appeals.

(Philippine Commercial International Bank v. 570 SCRA 112 [2008]) In a vehicular accident. 137 SCRA 570 [1985]) In another case involving wrongful attachment. Estate of Hans Menzi. (Philtranco Service Enterprises. in one case. 691 FEBRUARY 27. Court of Appeals. Court of Appeals.00. Court of Appeals. though incapable of pecuniary estimation. in one case the amount of moral and exemplary damages in the amount of P50.00. Saludaga v.00 where it was proved that the parties only paid a downpayment of two lots in a subdivision the amount of P3. 137 SCRA 570 [1985]) Even if the award of moral damages is discretionary with the court.000. Far Eastern University. it must be reasonable and justified (Mercury Drug Corporation v.00. Inc.000. 457 SCRA 578 [2005]) and proof of damage or injury must be adduced. Court of Appeals. 553 SCRA 741 [2008]) Thus. 476 SCRA 20 [2005]) Thus. 273 SCRA 562 [1997]) In another case. 156 SCRA 321 [1987]) Moral damages. Alejandro. 122 SCRA 576 [1983].00 and P25. but nevertheless.000. Court of Appeals. Domingo. Court of Appeals.000. an award of damages in the amount of close to Five Million Pesos was reduced to only more than One Million Pesos in favor of a Filipino pilot who was illegally dismissed by Malaysian Airlines.000. it was still sold to another person. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable Corporation v. are in the category of an award designed to compensate the claimant for actual injury suffered and not to impose a penalty on the wrongdoer. v.00 respectively was reduced to P10. an RTC judge was found guilty of knowingly rendering an unjust judgment when he awarded moral damages in a damage suit in the amount of Sixteen     692 692 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable . 116 SCRA 81 [1982]. 818. (Siguenza v.00 and P5. See also Siguenza v. an award of Five Million Pesos as moral damages was reduced to P500.000.   691 VOL.040. (Malaysian Airline System Bernad v. (Republic v. (San Andres v. the award of One Million Pesos as moral damages was reduced to P50.

392 SCRA 305 [2002]) Finally. When recoverable   1. 247 SCRA 300 [1995]. Jr. Court of Appeals. (People v. Romillo. v. an RTC judge was dismissed from the service for awarding more than Twenty- Three Million Pesos in damages to two Cathay Pacific Airways passengers who lost two baggages upon their arrival at the Manila International Airport. v.000..200.. Aliviado. the court has the power to limit the amount of damages that can be recovered. Velez. 41 SCRA 548 [1971])   § 4. Court of Appeals. it being a significant part of the foundation of his business and any adverse reflection thereon constitutes some financial loss to him. 37 SCRA 190 [1971]. Inc. The respondent Judge was made to enjoy all vacation and sick leave benefits that he has earned during the period of his government service).  American Express Int’l. 365 SCRA 326 [2001]) (b) If a person sets a wedding and goes through all the necessary preparations and publicity. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable It was also awarded under the following instances: (a) If the defendant maliciously undermines the credit standing of another. 457 SCRA 538 [2005]) In another case. 143 SCRA 396 [1986]. Palisoc v. (Neri v. Padillo v. ([Stanfilco]  Dole Philippines. 678 SCRA 651 [2012].. 12 SCRA 648 [1964]) (c) The desertion and securing of an invalid divorce decree by one consort. Inc. v. Moral damages may be awarded in cases referred to in the chapter on human relations of the Civil Code without need of proof that the wrongful act complained of had caused any physical injury upon the complainant. 28. 26. Escaño. 27. since an appeal in a criminal case opens the whole case for review. Jr. (Producers Bank of the Philippines v. 10 SCRA 577 [1964]. 15 SCRA 355 [1965]) . 34 and 35 of the New Civil Code.00) even if he did not originally hear the case.  (Coleongco v. Brilliantes. The Supreme Court held that the award of damages was excessive and unconscionable. Romillo. Inc. (Tenchavez v. only to walk out of it when the matrimony is about to be solemnized. the Supreme Court may do so. 32. Inc. De Ocampo. 30. He was suspended from office for six months. 167 SCRA 209 [1988]) The financial credit of a businessman is a prized and valuable asset. 693 FEBRUARY 27. 689 SCRA 53 [2013])     693 VOL. 818. Inc. Rodriguez. in Cathay Pacific Airways. Claparols. Intermediate Appellate Court. (Wassmer v. (Cathay Pacific Airways. v. De la Peña. It is also a rule that if the court does not exercise its discretion in the assessment of moral damages. Adame v.. In acts and actions referred to in Articles 21. Rural Bank of Nabunturan.Million Two Hundred Thousand Pesos (P16. the Supreme Court rendered an Amended Resolution. 142 SCRA 262 [1986]) However. (Racaza v.

Dy. Intermediate Appellate Court. Simangan. The exceptions are: (a) in instances where the carrier is guilty of fraud. Inc. Ines-Melale Veneer & Plywood. Court of Appeals. Inc. (Magbanua v. v. (d) The abusive exercise of the right of dismissal by an employer. (Filinvest Credit Corporation v. Inc. v. 248 SCRA 549 [1995]) (i) The discriminatory act of an airline in not according the same amenities equally to all its stranded passengers who were similarly stranded due to a fortuitous event. Court of Appeals. 58 SCRA 771 [1974]) (e) If a party was denied of irrigation water for his farm to make him vacate his landholding. (Newsounds Broadcasting Network. In breach of contract of common carriers (Arts. Generally. moral damages are not recoverable in an action predicated on a breach of contract because such an action is not included in Article 2219 of the Civil Code as one of the actions in which moral damages may be recovered. Bedania. 247 SCRA 300 [1995]. Guillang v. People. New Civil Code. (People v. (Philippine Rabbit Bus Lines. . (Quisaba v. 552 SCRA 341 [2008]) and (c) when the act of breach of contract itself is constitutive of tort resulting in physical injuries. gross negligence as provided in Article 2220 of the Civil Code. Inc. (Art. Aliviado. v. 695 FEBRUARY 27. 137 SCRA 328 [1985]) (f) In cases of libel. 565 SCRA 283 [2008]) (g) Criminal offenses resulting in physical injuries. New Civil Code). 818. bad faith. 583 SCRA 333 [2009]) 2. Inc. Sta. Japan Airlines v. General rule and exceptions. (Expertravel & Tours. but there must be a factual basis for the award. 2220 & 1764.. Esguerra. 309 SCRA     695 VOL. v. 588 SCRA 73 [2009])     694 694 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable (h) Where a party employed subterfuge in seizing a truck by misrepresenting its employees as deputy sheriffs and then hiding and cannibalizing it. or (b) where the mishap resulted in the death of a passenger as provided in Article 1764 in relation to Article 2209(3) of the Civil Code. Court of Appeals. 2206. 275 SCRA 621 [1997]) (j) The object of Article 32 of the New Civil Code is to put an end to official abuse by a plea of good faith. 117 SCRA 741 [1982]. Tulfo v. slander or any other form of defamation because of the wounded feeling and besmirched reputation sustained by the complainant. 2219[7]. (Philippine Airlines.

Court of Appeals. See also Globe Mackay Cable and Radio Corp. v. National Labor Relations Commission. in one case.. and who holds so much promise waiting to be fulfilled is indeed a wellspring of intense pain which no parent should be made to suffer. Inc. Where a party deliberately blocked totally their water supply by increasing the elevation of the dam. Inc. 622 SCRA 389 [2010]) Thus. v. (Seahorse Maritime Corporation v.3 or the complainant was dismissed based only on the recommendation of the company’s medical officers and not by a competent public health authority.2 or he was harassed and arbitrarily terminated. Court of Appeals. without government authorization. especially of a son who was in the prime of his youth. 459 SCRA 223 [2005]) . 679 SCRA 208 [2012]) 3. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable 141 [1999].500. 725 SCRA 1 [2014]) 5. whose head was severed during a school bus and a train collision in 1996. 324     696 696 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable SCRA 770 [2000]. (General Bank & Trust Co. 176 SCRA 778 [1989]) 5. National Labor Relations Commission. 7 SCRA 72 [1963]) 4. The Supreme Court held: “The pain of the sudden loss of one’s offspring. Dolor. good customs or public policy.  McMer Corporation. Sun Holidays. (Cathay Pacific Airways. 362 SCRA 316 [2001]) 5. 135 SCRA 569 [1985]. v. Court of Appeals.00 each was given to the parents of two persons who died in a vehicular accident due to a head-on collision. (Del Valle-Tiongson v. Gustilo. In a labor case.1 or he was dismissed without any formal investigation. (Pereña v. or his dismissal was attended by bad faith or fraud or constituted an act that is oppressive to labor.000. 173 SCRA 390 [1989] 5. Due to the patent insincerity of the various amended complaint especially on unfounded allegation of forgery. v. Cruz v. the amount of P2. NLRC. (Cruz v.4 or where the employer committed an anti-social and oppressive abuse of its right to investigate and dismiss an employee. 35 SCRA 352 [1970]) 5. Zarate. Ltd.” (Hernandez v. 435 SCRA 668 [2004]) In another case. Fernandez. or was done contrary to morals. National Labor Relations Commission. if there is a finding that the employee was illegally dismissed. an award of moral damages in the amount of P100. (Heirs of Basilisa Justiva v.000. (Sagum v.00 was awarded as moral damages to the parents of a 15-year-old student.

(Cocoland Development Corporation v. v. 139 SCRA 576 [1985]. (People v. National Labor Relations Commission. Pioneer Insurance & Surety Corporation. besmirched reputation. an award of moral damages cannot be justified solely upon the premise that the employer fired his employee without just cause or due process. pursuant to Art. In cases of fraud and bad faith.. Inc. the courts must carefully examine the evidence as to the conduct and outward acts from which the inward motive may be determined. regular and perfect documents. 665 SCRA 350 [2012]. (Ford Philippines. 259 SCRA 51 [1996]) An award of moral damages in an illegal dismissal case is not based on the Labor Code but it is grounded on the New     697 VOL. 632 SCRA 293 [2010]) Likewise.7 Where the employee was abruptly dismissed in an oppressive manner. v. was not allowed to leave (as a boatswain) while he was already at the airport. Court of Appeals. Inc. Philippines v.. 5. 172 SCRA 733 [1989]) 5. Court of Appeals. (Lucena v. 590 SCRA 110 [2009]) In ascertaining the intention of the persons accused of acting in bad faith. Inc. (Bright Maritime Corporation [BMC] v.5 Failure to deploy. City of Dumaguete. for no reason at all. Co. an employer is liable to pay moral damages to an employee who was subjected to sexual harassment. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable Civil Code. Del Villar. 267 SCRA 320 [1997]. Sharp & Co. v. National Labor Relations Commission. San Diego-Sison. 520 SCRA 244 [2007]) Bad faith does not simply connote bad judgment or negligence. 331 SCRA 237 [2000]) 6. Paguio. Nazareno v. v. Court of Appeals. 212 SCRA 65 [1992]) 8. 120 SCRA 395 [1983]. (Philippine Aeolus Automotive United Corporation v. Alcaraz. Inc. Philippine Long Distance Telephone Company. 723 SCRA 25 [2014]) Thus. 267 SCRA 320 [1997].F. Inc. It imports a dishonest purpose or some moral obliquity and conscious doing of a wrong. Chanas. (Ford Philippines. In a situation where two victims sustained physical suffering and injuries (gunshot wounds in the right eye and jaw) and another victim died (who. Pan-Trade. despite having complete. Hence. (Guita v. (Francisco v. a breach of known duty. Court of Appeals. 2217 of the New Civil Code. Inc. wounded feelings. (Bert Osmeña & Associates v. Fantonial. an employee. 818. It may be awarded to compensate one for diverse injuries such as mental anguish. 481 SCRA 241 [2006]) . moral shock. Frias v. 472 SCRA 453 [2005]) 7. social humiliation and similar injury. in a highway robbery case. v. (Abbott Laboratories. Coca-Cola Bottlers Philippines. for the anxiety and the seen and unseen hurt that she suffered. 666 SCRA 210 [2012]) 5. despite giving her bag with money was still shot at the back). through some motive or interest or ill will that partakes of the nature of fraud. See also  C.6 Where the employer deprived the employee of his employment for quarreling with the cashier who happened to be his niece. 697 FEBRUARY 27.

in     699 VOL. where the plaintiff filed a baseless suit against the defendant who was a three-time councilor in his town and his wife is a public school teacher.     698 698 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable 8. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable breach of the trust reposed on her by the owner of the jewelries. Court of Appeals. 818. 173 SCRA 675 [1989]) . their counterclaim for moral damages was granted. (Bank of the Philippine Islands v. However. (Danao v. Court of Appeals. Court of Appeals. (Dongco v. thus over shooting the runway and the co-pilot’s head hit the windshield of the plane. A bank caused the unauthorized withdrawal of money from a depositors account in view of forged checks. Where a person received jewelries for sale on commission with the agreement that they will be returned upon demand if unsold. Court of Appeals. Court of Appeals. 160 SCRA 449 [1988]) 13. (Ledesma v. (Hahn v. Inc. 106 SCRA 391 [1981]) 11. Where a student went through a painful ordeal like not being conferred a Magna Cum Laude honors by the school during her graduation day. This was due to the poor judgment of the pilot in landing. (Go v. 154 SCRA 446 [1987]) 12. Where the company failed to attend to the request of a co-pilot who suffered severe brain concussion. such as when a person erased a video coverage of a couple’s wedding. malicious. she did not return them. v. Intermediate Appellate Court. 699 FEBRUARY 27. 187 SCRA 541 [1990]) 8. Court of Appeals. (Philippine Air Lines. 117 SCRA 628 [1982]) 10.2 Where the act is so reckless. even if there was already a decision from the Bureau of Public Schools directing the conferment of said honors. wanton or in bad faith. Where the publication of a notice of extrajudicial foreclosure and sale at public auction in a Sunday edition of a newspaper was placed in the society page instead of the legal notices section. in extraordinarily large and boxed advertisements. 272 SCRA 752 [1997]) 9.1 Thus.

00 as moral damages due to physical and psychological trauma that they suffered even if they paid a ransom consisting of jewelries and money. as when a person uses falsified documents to enable himself to acquire title to and sell the subject lots to the petitioners to the prejudice of another. 521 SCRA 327 [2007]) 20. Where the petitioner was discriminated against. v. The award of moral damages is granted to a family since it cannot be denied that they suffered wounded feelings. When the rights of individuals. A telegraph company was held liable for moral damages because of its gross negligence or carelessness in transmitting a condolence message expressing sadness and sorrow in a “Happy Birthday” card and placed inside a “Christmasgram” envelope. 712 SCRA 764 [2013]) However. In kidnapping for ransom. (Sibal v. Lagrosa. 14. (Skunac Corporation v.000.00. Garalde. v. in another kidnapping case with     700 700 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable the use of high powered firearms. Jr. (Valenzuela v. coupled with oppressive acts done by the school against her. 723 SCRA 625 [2014]) 19. (Barzaga v. Sylianteng. GSIS. (Xentrex Automotive. 713 SCRA 726 [2014]. Inc. Mano. mental anguish and serious anxiety while keeping watch on Christmas day over the remains of their loved one who could not be buried to rest on the date she herself had chosen. (Francisco v. Instances where Moral Damages are notrecoverable   Moral damages are not recoverable under the following: (1) If there is no competent evidence that the complainant acted in bad faith in filing an estafa case against the respondent. 182 SCRA 538 [1990]) 15.. (People v. Notre Dame of Greater Manila. 268 SCRA 105 [1997]) Where. moral damages is in the amount of P100. Court of Appeals. Inc. After paying his insurance premium. and three others. Court of Appeals. (People v. without need of proof because the victim is assumed to have suffered. (Radio Communications of the Phils. David.. (Sison v. 380 SCRA 195 [2002]) 18. Court of Appeals. the dealer sold the same car to another without the knowledge of the original buyer. Manila Electric Company. 1 SCRA 60 [1961]) (2) If the breach of contract is not malicious or fraudulent. after making a deposit and payment of a car. 624 SCRA 664 [2010]. including the right against deprivation of property without due process of law. are violated. Where a person committed fraud in obtaining title to a disputed property. (Great Pacific Life Insurance Corporation v. 291 SCRA 66 [1998]) 17. Court of Appeals.000. were awarded a total of P600. (Quisumbing v. an insured was informed that his insurance is worthless. Heirs of Victorino Sarili v. the victims (two minors). 184 SCRA 501 [1990]) 16. 195 SCRA 147 [1991])   § 5. 7 SCRA 577 [1963]) . Con-ui.

Intermediate Appellate Court. no matter how careful could have anticipated. (Cuadra v. 6 SCRA 331 [1962]) (8) In case of breach of promise to marry (Galang v. Martinez v. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable lon v. (Mercado v. which gives rise to an action for damages. (Ramos v. X” does not authorize the award of moral damages in favor of the man’s lawful wife. the mere use of a surname cannot be enjoined. (Gashem Shookat Baksh v. 430 SCRA 323 [2004]) There should be no penalty on the right to litigate. 35 SCRA 160 [1970]) (5) Where the petitioner did not act maliciously and in bad faith in filing a damage suit against respondent. Court of Appeals. See also  Solis & Yarisantos v. 1 SCRA 215 [1961]) (4) Where the cause of an injury was an innocent prank committed by a minor (where she tossed a rubber headband at a classmate. per se. rubbed it. it is  damnum absque injuria. Biascan. Villanueva. 701 FEBRUARY 27. Salvador. 4 SCRA 55 [1962]). Intestate Estate of the Late Emigdio Mercado. Monfort. Court of Appeals. Court of Appeals. 2 SCRA 103 [1961]. 2 SCRA 1025 [1961]) Thus. Peralta. except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. saying it was an earthworm to frighten her. (Grapi-     701 VOL. evidence of ill will upon which a claim for moral damages may be based. 211 SCRA 440 [1992]) or where the respondent employed fraud and deceit. (Ilocos Norte Electric Company v. (Silva v. 818. Jr. 439 SCRA 179 [2004]) (7) In a breach of contract of transportation where there is no evidence of fraud. 3 SCRA 124 [1961]. 139 SCRA 431 [1985]) If damage results from the filing of the complaint. (Dapar v. Felisilda v. there being no showing that it was done in bad faith or through culpable negligence. the worries and anxiety of a defendant in a litigation that was not maliciously instituted are not the moral damages contemplated in law. 179 SCRA 5 [1989]) (6) The fact that a woman was banned from representing herself as “Mrs. It hit her right eye. 14 SCRA 887 [1965]) A resort to judicial processes is not. Gonzales. (Bunag. 133 SCRA 135 [1984]) Thus. Ramos. Court of Appeals. Lira. v. v. (Equitable Banking Corp. Centeno. (Ventanilla v. (3) In an action by a client against a lawyer who was negligent in not perfecting the client’s appeal.     702 . malice or bad faith on the part of the carrier. it is the use thereof coupled with the representation that one is the lawful wife or the usurpation of the wife’s status. it got swollen which required surgery but lost her eyesight thereafter) which is not unusual among children at play and which parent. 61 SCRA 284 [1974]. Municipal Council of Carigara. (Ceballos v.

503 SCRA 294 [2006]) (16) It cannot be imposed as a penalty on plaintiff for filing a case although it was erroneous. Villegas. Malngan. 12 SCRA 483 [1964]) (12) In a labor case. 2017 Moral Damages: When is it Recoverable and When is it Not Recoverable their rights without fear of later on standing trial for damages should their actions lose ground. 107 SCRA 73 [1981]. anxiety. Galvan. Mendez. 682 SCRA 1 [2012]) . Inc. (Deaño v. (Cariño v. 18 SCRA 183 [1966]. 13 SCRA 137 [1965]. (Quimpo v. Jr. v. Remo. moral shock and similar injury. wounded feelings. 5 SCRA 71 [1962]) (10) If there is no proof of mental suffering.  Teodoro v. 209 SCRA 18 [1982]) (9) Where a party filed a petition for annulment of sale on the honest belief that the transfer was not really effected in the sense that there was no consideration of the sale. (R & B Surety & Insurance Co. fraudulent or in bad faith. Agricultural Credit and Cooperative Financing Administration..  Enciso v. It is not actionable since it is considered as a privileged communication. 818.702 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable 219 SCRA 115 [1993]) No damages may be awarded where sexual intercourse was the product of mutual desire. if there is no finding that the nonpayment of salaries is malicious. 20 SCRA 198 [1967]) (15) In the absence of a wrongful act or omission or of fraud or bad faith. (Luna v. People. (Gutierrez v. (Constantino v. Macalino. 340 SCRA 11 [2000]) (11) Where an official sends a harsh and strongly worded letter to his superior. besmirched reputation. 703 FEBRUARY 27. Continental Cement Corporation. National Labor Relations Commission. (Laurel-Manila v. 29 SCRA 580 [1969]) (14) If the complaint is based on an honest mistake in the appreciation of the applicable law and jurisprudence. Sound principles of justice and public policy demand that persons shall have free resort to courts of law for redress of wrongs and vindication of     703 VOL. Mendoza. (Perez v. Intermediate Appellate Court. v. People v. Court of Appeals. See also  Dolores v. 8 SCRA 527 [1963]. 205 SCRA 348 [1992]) (13) Persons who are government officials sued in their official capacities. 129 SCRA 736 [1984]. Godinez. fright. Santos.

244 SCRA 320 [1995]. 522 SCRA 518 [2007]) (28) Press statements from court records are not actionable because they are matters of record which were publicly heard and open for public consumption. Ybañez. (Baens v. Reyes. where there is an additional award which consists of stipulated liquidated damages. 329 SCRA 652 [2000]) (24) Where the complainant did not pray or ask for it or present evidence that she experienced moral suffering. (People v. (17) If there is no proof that the vendor in selling mislabeled capacitors acted maliciously and with deliberate intent to defraud the public. v. 275 SCRA 441 [1997]. 132 SCRA 441 [1984]) (27) A consenting female adult and her parents cannot recover damages in case the former will have a love child. (Octot v. (Strebel v.. Reyes. Court of Appeals. (Verceles v. Intermediate Appellate Court.. Jr. 130 SCRA 511 [1984]) (21) Where mistake in the issuance of a check was rectified and the payee was paid in full in the amount of the check. (Azcuna. 264 SCRA 79 [1996]. 676 [1903]. serious anxiety. 429 SCRA 384 [2004]) (23) Where it was the plaintiff himself who brought embarrassment to himself by bragging about a thing which he     704 704 SUPREME COURT REPORTS ANNOTATED Moral Damages: When is it Recoverable and When is it Not Recoverable did not yet own. (People v. It drenched her clothes and underwear.. Machinery & Engineering Supplies Co. (Manila Banking Corporation v. In a case. People v. Inc. De Jesus. 96 Phil. 125 SCRA 634 [1983]) Damages in ejectment cases is limited to “rent” and “fair rental value” for the use and occupation of the property. 131 SCRA 271 [1984]) (22) Where there is no factual basis of the complaint or there is no evidence on record that the victim suffered sleepless nights. 452 SCRA 532 [2005]) (26) Embarrassment cannot be the basis of moral damages.  Congregation of the Religious of the Virgin Mary v. Rabacal. Intermediate Appellate Court. v. Posada. Court of Appeals. (Dee Hua Liong Electrical Equipment Corporation v. 2 Phil. Court of Appeals. v. 680 SCRA 79 [2012]) The exception to this rule is. (Toyota Shaw. Inc. felt some chill and splinters from the broken glasses and destroyed her dress. fright. v. 291 SCRA 385 [1998]) (25) Where a person gatecrashes a party and he was subsequently asked to leave after partaking of the food. Figueras. Fisher. 145 SCRA 713 [1986]) (18) In ejectment cases. 255 SCRA 215 [1996]) (19) A government employee who was dismissed but whose reinstatement was later ordered is not entitled to moral damages where he refused to report for work despite several calls for said purpose. Court of Appeals. . (Bagumbayan Corp. Adora. Inc. or similar injury. the tray containing the drinks was overturned and fell on a customer and some people laughed at her. There is nothing in law or jurisprudence that entitles the parents of a consenting adult who begets a love child to damages. (Nikko Hotel Manila Garden v. Antique Development Corporation v. 111 SCRA 79 [1982]) (20) If a case is not maliciously prosecuted. Sequiño. (IPO Limestone Co. (Sparrevohn v. See also Orosa v. Court of Appeals.

321 [1954])   ——o0o—— .