CAPIN-CADIZ VS. BRENT HOSPITAL AND COLLEGE, GR 187417, February 24, 2016.
“x x x.
Finally, with regard to Cadiz's prayer for moral and exemplary damages, the Court finds the same without merit.
A finding of illegal dismissal, by itself, does not establish bad faith to entitle an employee to moral damages. 63
Absent clear and convincing evidence showing that Cadiz's dismissal from Brent's employ had been carried out in an arbitrary, capricious and malicious manner, moral and exemplary damages cannot be awarded.
The Court nevertheless grants the award of attorney's fees in the amount of ten percent ( 10 %) of the total monetary award, Cadiz having been forced to litigate in order to seek redress of her grievances.64
X x x.”
