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physical suffering
Mental anguish- is a mental suffering of high degree and not a mere
disappointment or regret (Southwestern Belle Tel. Co. vs. Cooks)
Fright
Serious anxiety
Besmirched reputation
Wounded feelings
Moral shock
Social humiliation and similar injury
Nature of Moral Damages
Moral damages, though incapable of
pecuniary estimation, 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.
• Art. 2218. In the adjudication of moral damages the sentimental value
of the property, real or personal may be considered.
Plaintiffs were entitled to moral damages as they are recoverable “in breach
of contracts where the defendant acted fraudulently or in bad
faith.” Plaintiffs suffered, among others, social humiliation when they were
compelled to travel as such. “As a proximate result of defendant’s breach in
bad faith of its contracts with plaintiffs, the latter suffered social humiliation,
wounded feelings, serious anxiety and mental anguish. For plaintiffs were
travelling with first class tickets issued by defendant and yet they were given
only the tourist class. At stop-overs, they were expected to be among the
first-class passengers by those awaiting to welcome them, only to be found
among the tourist passengers. It may not be humiliating to travel as tourist
passengers; it is humiliating to be compelled to travel as such, contrary to
what is rightfully to be expected from the contractual undertaking.”
• Damages in sexual harassment.- an employee is liable to pay moral
damages to an employee subjected to sexual harassment, for the
anxiety, the seen and unseen hurt that she suffered ( Philippine
Aeolous Automotive United Corporation vs. NLRC).
• Disconnection of electricity without prior notice constitute breach of
contract.
• NOTE: The award of moral damages cannot be granted in favor of a
corporation because, being an artificial person, it has no feelings, no
emotions, experience physical suffering and mental anguish which
can be experienced only by one having a nervous system.