Global E-commerce

Buy Online

     Lex Traditia





    Moral Damages Award in Labor Case, prove Bad Faith, etc., not mere lack of Just Cause or Due Process.
    In Primero vs. Intermediate Appellate Court, this Court held that ". . . an award (of moral damages)
    cannot be justified solely upon the premise (otherwise sufficient for redress under the Labor Code) that the
    employer fired his employee without just cause or due process. Additional facts must be pleaded and
    proven to warrant the grant of moral damages under the Civil Code, these being, to repeat, that the act of
    dismissal was attended by bad faith or fraud, or was oppressive to labor, or done in a manner contrary to
    morals, good customs, or public policy; and of course, that social humiliation, wounded feelings, grave
    anxiety, etc., resulted therefrom." This was reiterated in Garcia vs. NLRC, where the Court added that
    exemplary damages may be awarded only if the dismissal was shown to have been effected in a wanton,
    oppressive or malevolent manner. (GATBONTON vs. NLRC et al., G.R. No. 146779, January 23, 2006)


    Enter here for complete text.





   Download Supreme Court of the Philippines Jurisprudence here.

   Download Philippine Laws, Issuances and Circulars  here.

BACK TO MAIN PAGE



  EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552, RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
  AO 01, s. 2002 (PHILCOA), RA 8048

     More downloads added weekly