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Torts Week 11 - Moral Damages - Coggle Diagram

- - - - B2. Within Specific Cases - Act or omission falls within the specified cases when moral damages may be awarded.(2219)
        
        Enumeration - NCC 2219 provides an enumeration but also allows grant in analogous cases.
      - B2a. Criminal Offense Resulting in Physical Injuries - Physical injuries in 2219 is in its general sense. Can extend even to death.
        
        B2ai. Includes crimes resulting to death
        
        B2aii. Need for Testimony on Moral Suffering - Generally, there must be testimony of the moral suffering to warrant an award of moral damges.
        
        Exception - In case of violent death or brutal killing, allegation and proof of moral suffering not required. (Carlos Arcona v. CA)
        
        Later Jurisprudence - Suggests that the new general rule is testimony requirement dispensed with in cases where injury led to death. (People v. Anticamara)
        
        B2b. Quasi-delicts causing Physical Injuries
        
        B2c. Seduction, Abduction, Rape or Other lascivious acts
        
        Rape - Here, moral damages automatically awarded by mere proof of the commission of the crime. (People v. Lizano)
        
        Forcible Abduction - Moral damages awarded in cases where it was shown that abduction caused moral suffering.(People v. Tayag)
        
        B2d. Illegal or Arbitrary detention/ Arrest - Same principle applies, analogous. (People v. Bernardo)
        
        Qualified Rape - even if special qualifying circumstances are not alleged in the information but established during trial, moral damages should be awarded equivalent to the amount for qualified rape. (People v. Bartolini)
        
        B2e. Illegal Search - Can be the basis of both an independent civil action under NCC 32 and moral damages under NCC 2219. (Silahis v. Soluta)
        
        B2f. Libel, Slander/Defamation - Covered by both 2219 and Art. 33, which in itself is covered by Art. 2219 par. 10
        
        B2g. Malicious Prosecution - Institution of a legal proceeding maliciously and without probable cause.
        
        2 more items...
        
        Criminal Complaint - if not an independent civil action, moral damages will be on the basis of the criminal proceedings for defamation.
        
        Applicable Circumstances -
        
        (a) when an act or omission causes physical injuries, or
        
        (b) where the defendant is guilty of intentional tort, moral damages may aptly be recovered. (BF metal v. Lomotan)
      - B1. Proximate Result - Suffering is proximate result of the act of the defendant WITH BAD FAITH
        
        How Proven - By establishing existence of the factual basis of the damage and its causal connection to the defendant's acts and that there is bad faith. (Sps. Valenzuela v. Sps. Mano)
    - - C1. Relatives of Injured Persons
        
        C2. Juridical Persons
        
        When Allowed - It must be shown that the company/juridical person enjoys a good reputation and the same was besmirched and debased by the actuations of the defendant. (San Fernando v. Cargill)
        
        Rape - Here, parents of the female seduced. (2219)
        
        Funeral - Here, spouse, descendants, ascendants, and brothers and sisters. (NCC 309)
        
        Common Carrier - In case of death due to common carrier, only spouse, ascendants and descendants are allowed to recover. (2206 via Sulpicio Lines v. Curso)
      - D, Factors considered in determining amount
        
        D1. Reasonable Mean- the amount must not be excessive as to suggest corruption or passion but not so little as to rub salt to the injury already inflicted.
        
        D2. Proportional - Proportional and in approximation of the suffering inflicted.
        
        D3. Other Factors
        
        Social and Financial Standing of the injured party
        
        Casis Comments - this should only be considered when consideration of status contextualizes suffering inflicted; such as when harm is done due to status.
        
        Wounded moral feels and personal Pride
  - - - Scope of Harm - physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar harm unjustly caused to a person
        
        Factual Basis - These grounds must be alleged and proven as fact.
        
        MARITAL CONSORTIUM - Marital consortium is a personal right. Thus, injury to a spouse which leads to its deprivation gives rise to a cause of action on the part of the other spouse to recover independently for moral damages. (Kierulf v. CA)
      - Bad Faith - Bad faith, malice or gross negligence must be proven in the act that caused the moral damage in order to warrant an award of damages. Bad faith/malice requirement applies only in cases of public officers, breach of contract and willful damage to property.