When is the payment of damages as well as attorney’s fees proper?

In a Supreme Court case, the following damages were awarded:


The RTC awarded moral damages, exemplary damages, attorney’s fees, plus P2,000.00 for every appearance, and costs of litigation.

Moral damages are meant to compensate the claimant for any physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injuries unjustly caused. Petitioner Rosalina has adequately established the factual basis for the award of moral damages when she testified that she felt shocked and horrified upon knowing of the foreclosure sale.


However, we find the RTC’s award of P2,000,000.00 excessive and unconscionable, and reduce the salve to P100,000.00.

Exemplary damages are imposed by way of example for the public good, in addition to moral, temperate, liquidated or compensatory damages. We reduce the RTC’s award of P500,000.00 to P30,000.00.

Attorneys fees are allowed when exemplary damages are awarded and when the party to a suit is compelled to incur expenses to protect his interest. We find the RTC’s award of attorney’s fees in the amount of P100,000.00 proper.



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