Law 9

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81.

Defense of a good father of a family in the selection and supervision of employees is a proper or
complete defense.

A. Culpa civil

B. Culpa contractual

C. Culpa aquiliana

D. Culpa criminal

82. Which one of the following is not a requisite of mora solvendi?

A. The obligation is demandable and liquidated.

B. The obligation is not necessarily demandable.

C. The debtor delays performance.

D. The creditor judicially or extrajudicially requires the debtor’s performance.

B. The following are the requisites of mora solvendi:

A. The obligation is demandable and liquidated;

B. The debtor delays performance; and

C. The creditor judicially or extrajudicially requires the debtor’s performance (Polo S. Pantaleon vs.
American Express International, Inc., G.R. No. 174269, May 8, 2009).

83. Which of the following is not a requisite of mora accipiendi?


A. An offer of performance by the creditor who has the required capacity.

B. An offer of performance by the debtor who has the required capacity.

C. The offer must be to comply with the prestation as it should be performed.

D. The creditor refuses the performance without just cause.

A. The requisites of mora accipiendi are:

A. An offer of performance by the debtor who has the required capacity;

B. The offer must be to comply with the prestation as it should be performed; and

C. The creditor refuses the performance without just cause (Polo S. Pantaleon vs. American Express
International, Inc. G.R. No. 174269, May 8, 2009).

84. One is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has
duly proved. Such compensation is referred to as:

A. Moral damages

B. Actual damages

C. Nominal damages

D. Temperate damages

B. The kinds of damages under the civil code are the following:

1. Actual or compensatory;

2. Moral;

3. Nominal;

4. Temperate or moderate;

5. Liquidated; or
6. Exemplary or corrective.

It is a hornbook principle that damages may be awarded only if proven.

Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such
pecuniary loss suffered by his as he has duly proved. Such compensation is referred to as actual or
compensatory damages (Art. 2199, NCC).

85. It includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar injury.

A. Moral damages

B. Actual damages

C. Nominal damages

D. Temperate damages

A. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be recovered if they are the proximate result of the
defendant’s wrongful act or omission (Art. 2217, NCC).

86. I. Moral damages are in the category of an award designed to compensate the claimant for actual
injury suffered and to impose a penalty on the wrongdoer.

II. The award of moral damages is not meant to enrich the complainant at the expense of the
defendant, but to enable the injured party to obtain means, diversion, or amusements that will serve
to obviate the moral suffering he has undergone.

A. Only I is true

B. Only II is true

C. Both are true


D. Both are false

B. Moral damages avail in cases of breach of contract where the defendant acted fraudulently or in bad
faith, and the court should find that under the circumstances, such damages are due (Polo S. Pantaleon
vs. American Express International, Inc., G.R. No. 174269, May 8, 2009). However, moral damages 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. The award is not meant to enrich the complainant at the expense
of the defendant, but to enable the injured party to obtain means, diversion, or amusements that will
serve to obviate the moral suffering he has undergone. It is aimed at the restoration, within the limits of
the possible, of the spiritual status quo ante, and should be proportionate to the suffering inflicted
(Joseph Saludaga vs Far Eastern University and Edilberto C. de Jesus, G.R. No. 179337, April 30, 2008).

Moral damages avail in cases of breach of breach of contract of contract where the defendant acted
fraudulently or in bad faith, and the court should find that under the circumstances, such damages are
due (Polo S. Pantaleon vs. American Express International, Inc., G.R. No. 174269, May 8, 2009).

There is no hard-and-fast-rule in determining what would be fair and reasonable amount of moral
damages, since each case must be governed by its own peculiar facts, however, it must be
commensurate to the loss or injury suffered (Polo S. Pantaleon vs. American Express International, Inc.,
G.R. No. 174269, May 8, 2009).

In the absence of bad faith, ill will, malice or wanton conduct, respondent cannot be held liable for
moral damages (Victorina Savellano, et.al. vs. Northwest Airlines, G.R. No. 151783, July 8, 2003).

In a long line of cases, the Supreme Court has consistently ruled that in the absence pf a wrongful act or
omission or of fraud or bad faith, moral damages cannot be awarded (Spouses Erlinda Batal and Frank
Batal vs. Spouses Luz San Pedro and Kenichiro Tominaga, G.R. No. 164601, September 27, 2006).B.
Moral damages avail in cases of breach of contract where the defendant acted fraudulently or in bad
faith, and the court should find that under the circumstances, such damages are due (Polo S. Pantaleon
vs. American Express International, Inc., G.R. No. 174269, May 8, 2009). However, moral damages 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. The award is not meant to enrich the complainant at the expense
of the defendant, but to enable the injured party to obtain means, diversion, or amusements that will
serve to obviate the moral suffering he has undergone. It is aimed at the restoration, within the limits of
the possible, of the spiritual status quo ante, and should be proportionate to the suffering inflicted
(Joseph Saludaga vs Far Eastern University and Edilberto C. de Jesus, G.R. No. 179337, April 30, 2008).

Moral damages avail in cases of breach of breach of contract of contract where the defendant acted
fraudulently or in bad faith, and the court should find that under the circumstances, such damages are
due (Polo S. Pantaleon vs. American Express International, Inc., G.R. No. 174269, May 8, 2009).
There is no hard-and-fast-rule in determining what would be fair and reasonable amount of moral
damages, since each case must be governed by its own peculiar facts, however, it must be
commensurate to the loss or injury suffered (Polo S. Pantaleon vs. American Express International, Inc.,
G.R. No. 174269, May 8, 2009).

In the absence of bad faith, ill will, malice or wanton conduct, respondent cannot be held liable for
moral damages (Victorina Savellano, et.al. vs. Northwest Airlines, G.R. No. 151783, July 8, 2003).

In a long line of cases, the Supreme Court has consistently ruled that in the absence pf a wrongful act or
omission or of fraud or bad faith, moral damages cannot be awarded (Spouses Erlinda Batal and Frank
Batal vs. Spouses Luz San Pedro and Kenichiro Tominaga, G.R. No. 164601, September 27, 2006).

87. Are damages adjudicated in order that a right of the plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff
for any loss suffered by him?

A. Moral damages

B. Actual damages

C. Nominal damages

D. Temperate damages

C. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or
invaded by the defendant, may be vindicated or recognized, and for the purpose of indemnifying the
plaintiff for any loss suffered by him (Art. 2221, NCC).

Nominal damages are recoverable if no actual, substantial or specific damages were shown to have
resulted from the breach. The amount of such damages is addressed to the sound discretion of the
court, taking into account the relevant circumstances (Virtoria Savellano, et.al. vs. Northwest airlines,
G.R. No. 151783, July 8, 2003).

88. Damages which may be recovered when the court finds that some pecuniary loss has been suffered
but its amount cannot, from the nature of the case, be provided with certainty.

A. Moral damages
B. Actual damages

C. Nominal damages

D. Temperate damages

D. Temperate or moderate damages, which are more than nominal but less than compensatory
damages, may be recovered when the court finds that some pecuniary loss has been suffered but its
amount cannot, from the nature of the case, be provided with certainty (Art. 2224, NCC).

89. Are those agreed upon by the parties to a contract to be paid in case of breach thereof?

A. Moral damages

B. Actual damages

C. Liquidated damages

D. Nominal damages

C. Liquidated damages are those agreed upon by the parties to a contract to be paid in case of breach
thereof (Art. 2226, NCC).

90. Damages are imposed, by way of example or correction for the public good, in addition to the moral,
temperate, liquidated or compensatory damages.

A. Actual damages

B. Exemplary damages

C. Liquidated damages

D. Nominal damages
Exemplary or corrective damages are imposed, by way of example or correction for the public good, in
addition to the moral, temperate, liquidated or compensatory damages (Art. 2229, NCC).

Also, attorney’s fees are allowed when exemplary damages are awarded and when the party to a suit is
compelled to incur expenses to protect his interest (Spouses Gerry and Annalyn Fernandez vs Mercury
Drug Corporation, et.al., G.R. CV No. 83632, August 8, 2006).

As to the award of exemplary damages, the law allows in by way of example for the public good. The
business of banking is impressed with public interest and great reliance is made on the bank’s sworn
profession of diligence and meticulous in giving irreproachable service. For petitioner’s failure to carry
out its responsibility and to account for respondents’ lost check, we hold that the lower courts did not
err in awarding exemplary damages to the latter (Solidbank Corporation/ Metropolitan Bank and Trust
Company vs. Spouses Peter and Susan Tan, G.R. No. 167346, April 2, 2007).

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