THIRD THELMA B. SIAN REPRESENTED BY ROMUALDO A. SIAN, PETITIONER, VS. SPOUSES CAESAR A. SOMOSO AND ANITA B. SOMOSO, THE FORMER BEING SUBSTITUTED BY HIS SURVIVING SON, ANTHONY VOLTAIRE B. SOMOSO, MACARIO M. DE GUZMAN, JR., IN HIS CAPACITY AS SHERIFF III OF THE REGIONAL COURT OF PANABO, DAVAO, BRANCH 4, RESPONDENTS. G.R. No. 201812, January 22, 2020
“x x x.
The rule in our jurisdiction is that exemplary damages are awarded in addition to moral damages. (Delos Santos v. Papa, 605 Phil. 472 ). In the case of Mahinay v. Velasquez, Jr., 464 Phil. 146 (2004), the Court pronounced:
If the court has no proof or evidence upon which the claim for moral damages could be based, such indemnity could not be outrightly awarded. The same holds true with respect to the award of exemplary damages where it must be shown that the party acted in a wanton, oppressive or malevolent manner. Furthermore, this specie of damages is allowed only in addition to moral damages such that no exemplary damages can be awarded unless the claimant first establishes his clear right to moral damages. ( Id. at 150)
X x x.”