NAME: PAULO JOSE VILLARIN

MORAL DAMAGES QUIZ

QUESTIONS:

1. What are the elements in order to recover moral damages? (3pts)

Answer:
 There must be an injury, whether physical,mental,psychological
 There must be a culpable action or omission
 The wrongful act must be the proximate cause of the injury sustained
 The award must be based on any case stated under the new civil
code.

2. Is there a need to provide a proof of pecuniary loss before one can claim
moral damages? Explain.
Answer:
No, proof of pecuniary loss is not required in order that moral damages
may be claimed. The awarding of damages is left to the discretion of the
court, based on the circumstances of each case

3. Can damages be recovered if bad faith was not present?

Answer:

No, bad faith or wrongful act or ommission must be present for moral damages to
be awarded to the claimant

4. Can negligence amount to bad faith?

Answer:

No, jurisprudence have provided that contractual negligence is insufficient to award

moral damages.

5. Exception/s to which a juridical entity or a corporation may recover moral

damages.
Answer: As a general rule juridical entities are not entitled to moral damages.
However, they can recover moral damages in cases of libel, slander or any other
defamation.

6. What are the instances or analogous cases where award of moral damages is
justified? Give atleast 2.
Answer:

7. How much is the mandatory payment of moral damages in cases of

rape?
Answer:
In cases of rape, the mandatory payment for each count of rape is Php75,000

8. May a lower amount be awarded as form of moral damages in cases of

rape? Explain.
Answer:
Yes. A lower amount may be awarded in cases of rape when the imposable
penalty is lower than reclusion perpetua

9. It is one of the which the courts will take into consideration when awarding
moral damages. For instance, the courts will take into consideration tragic incidents
which will leave an indelible mark or a constant reminder of the traumatic experience.
Among these include. Mutilation, degree of physical suffering endured and the like.

Answer:

One of the factors that the court will take into consideration is the sentimental value
of a real or personal property.

10. Another factor in determining the award for moral damages. It is a pre-
determined pecuniary payment which is awarded by the court to the complainant.
This will simplify the rules in awarding moral damages as similar cases are treated
the same. However, the courts must take into consideration prevailing circumstances
so as to determine whether or not the amount should be more or less.

Answer: Fixed amount

 11. This is a circumstance which should be considered in determining the amount of
moral damages to be awarded. It is formed with the reference of the just rights of
both parties and the starded fixed for estimating the damages out to be determined,
Specifically, It takes into consideration what is just compensation for the plaintiff to
receive and what is just to compel the rodefendant to pay.

Answer: Social and Financial Standing

12. Brothers and sisters, as relatives of the deceased, can recover moral damages
for the death of their sibling. (Article 2206 Death by Quasi Delict) (Assuming they DO
NOT exercise parental authority over the deceased)

Answer: Brothers and sisters cannot recover moral damages

13. As a general rule, a corporation is not entitled to moral damages because

being an artificial person and having existence only in legal contemplation, it has no
feelings, no emotions, no senses. The following are the exceptions to the rule:

a. Libel or any other defamation and commission of crimes involving moral turpitude
b. Libel or any other defamation and violation of special laws
c. Libel or any other defamation and humiliation to its reputation in the business
realm
d. Libel or any other defamation and estafa/violation of BP 22

Answer: