4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Moral damages may be recovered under Article 2219 of the Civil Code in relation to Article 21. The pertinent provisions read: Art. 2219. Moral damages may be recovered in the following and analogous cases: xxxx (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. xxxx Art. 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. We agree with the appellate court that C.F. Sharp committed an actionable wrong when it unreasonably withheld documents, thus preventing respondents from seeking lucrative employment elsewhere. That C.F. Sharp arbitrarily imposed a condition that the documents would only be released upon signing of a quitclaim is tantamount to bad faith because it effectively deprived respondents of resort to legal remedies. Furthermore, we affirm the award of exemplary damages and attorney’s fees. Exemplary damages may be awarded when a wrongful act is accompanied by bad faith or when the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner which would justify an award of exemplary damages under Article 2232 of the Civil Code. Since the award of exemplary damages is proper in this case, attorney’s fees and cost of the suit may also be recovered as provided under Article 2208 of the Civil Code.[17] WHEREFORE, the petition is DENIED. The Decision dated 27 June 1996 of the Regional Trial Court of Pasay City is REINSTATED. Accordingly, the Decision dated 30 October 2003 of the Court of Appeals is MODIFIED. SO ORDERED. Carpio, (Chairperson), Villarama, Jr.,* Sereno, and Reyes, JJ., concur. * Per Special Order No. 1195. [1] Penned by Associate Justice Noel G. Tijam with Associate Justices Ruben T. Reyes (retired Supreme Court Justice) and Edgardo P. Cruz, concurring. Rollo, pp. 29-43. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/21758 9/11

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