Arko Pulp

Under Article 2220 of the Civil Code, moral damages may be awarded in
case of breach of contract where the breach is due to fraud or bad faith:
Art. 2220. Willful injury to property may be a legal ground for

awarding moral damages if the court should find that, under
the circumstances, such damages are justly due. The same rule
applies to breaches of contract where the defendant acted
fraudulently or in bad faith.
Moral damages are not awarded as a matter of right but only after the
party claiming it proved that the breach was due to fraud or bad faith.
Moral damages are not recoverable simply because a contract has been
breached. They are recoverable only if the party from whom it is claimed
acted fraudulently or in bad faith or in wanton disregard of his
contractual obligations. The breach must be wanton, reckless, malicious
or in bad faith, and oppressive or abusive.
Further, the following requisites must be proven for the recovery of

moral damages:
[1] There must be an INJURY, whether physical, mental or

psychological, clearly sustained by the claimant;
[2] There must be culpable act or omission FACTUALLY established;

[3] The wrongful act or omission of the defendant is the PROXIMATE
CAUSE of the injury sustained by the claimant; and
[4] The award of damages is predicated on any of the cases stated
in ARTICLE 2219 of the Civil Code.
In Arco Pulp v. Lim, the injury suffered by respondent (Lim) is the loss of
₱7,220,968.31 from his business. This has remained unpaid since 2007.
This injury undoubtedly was caused by petitioner Arco Pulp and Paper's
act of refusing to pay its obligations.
When the obligation became due and demandable, petitioner Arco Pulp
and Paper not only issued an unfunded check but also entered into a
contract with a third person in an effort to evade its liability. This proves
the third requirement.
As to the fourth requisite, Article 2219 of the Civil Code provides that
moral damages may be awarded in the following instances:
Article 2219. Moral damages may be recovered in the following and

analogous cases: [1] a criminal offense resulting in physical injuries; [2]
quasi-delicts causing physical injuries; [3] seduction, abduction, rape, or
other lascivious acts; [4] adultery or concubinage; [5] illegal or arbitrary
detention or arrest; [6] illegal search; [7] libel, slander or any other form
of defamation; [8] malicious prosecution; [9] acts mentioned in Article
309; and [10] acts and actions referred to in Articles 21, 26, 27, 28, 29,
30, 32, 34, and 35.
Breaches of contract done in BAD FAITH, however, are not specified

within this enumeration. When a party breaches a contract, he or she
goes against Article 19 of the Civil Code, which states: Article 19. Every
person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and
good faith.
Persons who have the right to enter into contractual relations must
exercise that right with honesty and good faith. Failure to do so results in
an abuse of that right, which may become the basis of an action for
damages. Article 19, however, cannot be its sole basis.
Article 19 is the general rule which governs the conduct of human

relations. By itself, it is not the basis of an actionable tort. Article 19
describes the degree of care required so that an actionable tort may arise
when it is alleged together with Article 20 or Article 21. Article 20 and 21
of the Civil Code are as follows:
Article 20. Every person who, contrary to law, wilfully or

negligently causes damage to another, shall indemnify the
latter for the same.
Article 21.Any person who wilfully causes loss or injury to

another in a manner that is contrary to morals, good customs
or public policy shall compensate the latter for the damage.
To be actionable, Article 20 requires a violation of law, while Article 21

only concerns with lawful acts that are contrary to morals, good customs,
and public policy:
Article 20 concerns violations of existing law as basis for an injury. It

allows recovery should the act have been willful or negligent. Willful may
refer to the intention to do the act and the desire to achieve the outcome
which is considered by the plaintiff in tort action as injurious. Negligence
may refer to a situation where the act was consciously done but without
intending the result which the plaintiff considers as injurious.
Article 21, on the other hand, concerns injuries that may be caused by
acts which are not necessarily proscribed by law. This article requires
that the act be willful, that is, that there was an intention to do the act
and a desire to achieve the outcome. In cases under Article 21, the legal
issues revolve around whether such outcome should be considered a
legal injury on the part of the plaintiff or whether the commission of the
act was done in violation of the standards of care required in Article 19.
When parties act in bad faith and do not faithfully comply with their
obligations under contract, they run the risk of violating Article 1159 of
the Civil Code:
Article 1159. Obligations arising from contracts have the force

of law between the contracting parties and should be complied
with in good faith.
Article 2219, therefore, is not an exhaustive list of the

instances where moral damages may be recovered since it only
specifies, among others, Article 21. When a party reneges on
his or her obligations arising from contracts in bad faith, the
act is not only contrary to morals, good customs, and public
policy; it is also a violation of Article 1159. Breaches of contract
become the basis of moral damages, not only under Article
2220, but also under Articles 19 and 20 in relation to Article
1159.
Moral damages, however, are not recoverable on the mere breach of the
contract. Article 2220 requires that the breach be done fraudulently or in
bad faith. As Adriano v. Lasala dictates, to recover moral damages in an
action for breach of contract, the breach must be palpably wanton,
reckless and malicious, in bad faith, oppressive, or abusive. Hence, the
person claiming bad faith must prove its existence by clear and
convincing evidence for the law always presumes good faith.
What does bad faith mean? Bad faith does not simply connote bad
judgment or negligence. It imports a dishonest purpose or some moral
obliquity and conscious doing of a wrong, a breach of known duty
through some motive or interest or ill will that partakes of the nature of
fraud. It is, therefore, a question of intention, which can be inferred from
one’s conduct and/or contemporaneous statements.
This is a question of fact. Since a finding of bad faith is generally

premised on the intent of the doer, it requires an examination of the
circumstances in each case.
When petitioner Arco Pulp and Paper issued a check in partial payment
of its obligation to respondent, it was presumably with the knowledge
that it was being drawn against a closed account. Worse, it attempted to
shift their obligations to a third person without the consent of
respondent.
Petitioner Arco Pulp and Paper’s actions clearly show a dishonest

purpose or some moral obliquity and conscious doing of a wrong, a
breach of known duty through some motive or interest or ill will that
partakes of the nature of fraud. Moral damages may, therefore, be
awarded.
Are there other forms of damages that may be awarded? Yes, exemplary
damages may also be awarded. Under the Civil Code, exemplary
damages are due in the following circumstances:
Article 2232. In contracts and quasi-contracts, the court may

award exemplary damages if the defendant acted in a wanton,
fraudulent, reckless, oppressive, or malevolent manner.
Article 2233. Exemplary damages cannot be recovered as a

matter of right; the court will decide whether or not they
should be adjudicated.
Article 2234. While the amount of the exemplary damages
need not be proven, the plaintiff must show that he is entitled
to moral, temperate or compensatory damages before the
court may consider the question of whether or not exemplary
damages should be awarded.
In Tankeh v. Development Bank of the Philippines, the Supreme Court

stated that the purpose of exemplary damages is to serve as a deterrent
to future and subsequent parties from the commission of a similar
offense.
The case of People v. Ranteciting People v. Dalisay is instructive:
Also known as 'punitive' or 'vindictive' damages, exemplary or corrective

damages are intended to serve as a deterrent to serious wrong doings,
and as a vindication of undue sufferings and wanton invasion of the
rights of an injured or a punishment for those guilty of outrageous
conduct. These terms are generally, but not always, used
interchangeably. In common law, there is preference in the use of
exemplary damages when the award is to account for injury to feelings
and for the sense of indignity and humiliation suffered by a person as a
result of an injury that has been maliciously and wantonly inflicted, the
theory being that there should be compensation for the hurt caused by
the highly reprehensible conduct of the defendant—associated with such
circumstances as willfulness, wantonness, malice, gross negligence or
recklessness, oppression, insult or fraud or gross fraud—that intensifies
the injury. The terms punitive or vindictive damages are often used to
refer to those species of damages that may be awarded against a person
to punish him for his outrageous conduct. In either case, these damages
are intended in good measure to deter the wrongdoer and others like him
from similar conduct in the future.
The requisites for the award of exemplary damages are as follows:
[1] TO SET AN EXAMPLE IF CLAIMANT HAS RIGHT. They may

be imposed by way of example in addition to compensatory damages,
and only after the claimant's right to them has been established;
[2] NOT A MATTER OF RIGHT AND RECOVERY DEPENDS ON
ACTUAL DAMAGES. That they cannot be recovered as a matter of
right, their determination depending upon the amount of compensatory
damages that may be awarded to the claimant; and
[3] THERE MUST BE BAD FAITH. The act must be accompanied by
bad faith or done in a wanton, fraudulent, oppressive or malevolent
manner.
Business owners must always be forthright in their dealings. They cannot

be allowed to renege on their obligations, considering that these
obligations were freely entered into by them. Exemplary damages may
also be awarded in this case to serve as a deterrent to those who use
fraudulent means to evade their liabilities.
Since the award of exemplary damages is proper, attorney's fees and cost
of the suit may also be recovered. Article 2208 provides that, in the
absence of stipulation, attorney's fees and expenses of litigation, other
than judicial costs, cannot be recovered, except: "(1) When exemplary
damages are awarded; [xxx]." (Arco Pulp v. Lim. G.R. No. 206806. June
25, 2014. Justice Leonen)

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Under Article 2220 of the Civil Code, moral damages may be awarded in

Art. 2220. Willful injury to property may be a legal ground for

Further, the following requisites must be proven for the recovery of

[1] There must be an INJURY, whether physical, mental or

[2] There must be culpable act or omission FACTUALLY established;

Article 2219. Moral damages may be recovered in the following and

Breaches of contract done in BAD FAITH, however, are not specified

Article 19 is the general rule which governs the conduct of human

Article 20. Every person who, contrary to law, wilfully or

Article 21.Any person who wilfully causes loss or injury to

To be actionable, Article 20 requires a violation of law, while Article 21

Article 20 concerns violations of existing law as basis for an injury. It

Article 1159. Obligations arising from contracts have the force

Article 2219, therefore, is not an exhaustive list of the

This is a question of fact. Since a finding of bad faith is generally

Petitioner Arco Pulp and Paper’s actions clearly show a dishonest

Article 2232. In contracts and quasi-contracts, the court may

Article 2233. Exemplary damages cannot be recovered as a

In Tankeh v. Development Bank of the Philippines, the Supreme Court

The case of People v. Ranteciting People v. Dalisay is instructive:

Also known as 'punitive' or 'vindictive' damages, exemplary or corrective

The requisites for the award of exemplary damages are as follows:

[1] TO SET AN EXAMPLE IF CLAIMANT HAS RIGHT. They may

Business owners must always be forthright in their dealings. They cannot

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