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    Negligence, or Delay, and Those Who in Any Manner Contravene The Tenor Thereof, Are Liable For Damages

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    Nic Nalpen
    The document discusses damages under Philippine law. It summarizes two Supreme Court cases on damages. In the first case, the court found that the petitioner was not entitled to moral, exemplary or attorney's fees as he was not acting in good faith when he registered fake documents. In the second case, while no actual damages were found, the court ruled nominal damages should be awarded as the plaintiff's legal rights were technically violated.

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    Negligence, or Delay, and Those Who in Any Manner Contravene The Tenor Thereof, Are Liable For Damages

    Uploaded by

    Nic Nalpen
    63 views1 page
    The document discusses damages under Philippine law. It summarizes two Supreme Court cases on damages. In the first case, the court found that the petitioner was not entitled to moral, exemplary or attorney's fees as he was not acting in good faith when he registered fake documents. In the second case, while no actual damages were found, the court ruled nominal damages should be awarded as the plaintiff's legal rights were technically violated.

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    The document discusses damages under Philippine law. It summarizes two Supreme Court cases on damages. In the first case, the court found that the petitioner was not entitled to moral, exemplary or attorney's fees as he was not acting in good faith when he registered fake documents. In the second case, while no actual damages were found, the court ruled nominal damages should be awarded as the plaintiff's legal rights were technically violated.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    63 views1 page

    Negligence, or Delay, and Those Who in Any Manner Contravene The Tenor Thereof, Are Liable For Damages

    Uploaded by

    Nic Nalpen
    The document discusses damages under Philippine law. It summarizes two Supreme Court cases on damages. In the first case, the court found that the petitioner was not entitled to moral, exemplary or attorney's fees as he was not acting in good faith when he registered fake documents. In the second case, while no actual damages were found, the court ruled nominal damages should be awarded as the plaintiff's legal rights were technically violated.

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    © All Rights Reserved
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    of 1

    DAMAGES

    1. 1170. Those who in the performance of their obligations are guilty of fraud,
    negligence, or delay, and those who in any manner contravene the tenor
    thereof, are liable for damages.

    G.R. No. 142938

    We now proceed to the issue of whether petitioner is entitled to damages. The RTC held
    that he is entitled to moral damages (P50,000), exemplary damages (P30,000) and
    attorney's fees (P20,000) because he was not aware that the documents were falsified
    and he was merely instructed by respondent Artemio to have them registered. The CA
    shared the finding of the RTC that it was respondent Artemio who masterminded the
    preparation and use of the spurious documents.[39] Nevertheless, it did not find petitioner
    an innocent victim who was merely dragged into litigation: In the natural course of things
    and in the ordinary experience of man, the conclusion is inevitable that [he] knew [about]
    the spurious nature of said documents but he made use of them because of the benefit
    which he would derive therefrom. In short, [petitioner] confabulated with [respondent
    Artemio] in defrauding all their co-heirs of their shares in said property.

    We agree. Petitioner was not in good faith when he registered the fake

    documents.

    Good faith is ordinarily used to describe that state of mind denoting


    "honesty of intention, and freedom from knowledge of circumstances
    which ought to put the holder upon inquiry; an honest intention to abstain
    from taking any unconscientious advantage of another, even through
    technicalities of law, together with absence of all information, notice, or
    benefit or belief of facts which render the transaction unconscientious."

    Moral damages are not awarded to penalize the defendant but to compensate the
    plaintiff for the injuries he may have suffered.

    G.R. No. 204369

    Nevertheless, we find an award for nominal damages to be in order. Under prevailing


    jurisprudence, nominal damages are "recoverable where a legal right is technically
    violated and must be vindicated against an invasion that has produced no actual present
    loss of any kind or where there has been a breach of contract and no substantial injury
    or actual damages whatsoever have been or can be shown." 31 As expounded in Almeda
    v. Cario,32 a violation of the plaintiffs right, even if only technical, is sufficient to support
    an award of nominal damages. So long as there is a showing of a violation of the right of
    the plaintiff, as herein petitioner, an award of nominal damages is proper.33

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