4/15/2021
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damages, exemplary damages
and attorney's fee.
As discussed above, since respondents were able to duly prove, and the petitioner had
already received the amount of US$670.03 representing Manuel's uncollected salary,
the CA correctly deleted the same.
Petitioner is also not entitled to moral damages, exemplary damages and attorney's
fees as these forms of indemnity may only be imposed on a concrete showing of bad
faith or malice on the part of the respondents.[124] In this case, the refusal of the
respondents to pay the benefits being claimed by the petitioner, and the delay in the
eventual release of the last salary of Manuel, did not arise out of bad faith, but brought
about by their firm belief of petitioner's lack of entitlement thereto and the merits of
their cause. The mere failure of the respondents to furnish the petitioner with a copy of
the CBA does not establish bad faith. It must be taken into account that the terms of
the employment contract of Manuel had been faithful to the benefits spelled out in the
said CBA, thereby negating petitioner's claim that respondents intended to conceal and
mislead her into thinking that no CBA applied to Manuel's employment. Petitioner also
failed to substantiate her claim that there indeed had been a police investigation report
proving that Manuel had been killed which respondents suppressed. As with the said
police investigation report, there is also no showing that respondents did not procure
the mandatory life insurance policy for Manuel. No proof was also shown to support
petitioner's claim that respondents did not extend any form of assistance in the
repatriation of Manuel or that they berated her when she sought the assistance of the
government for the said repatriation. Petitioner's contention that respondents' decision
to bring the remains of her husband to Sri Lanka, instead of Dammam, Saudi Arabia
had been sudden and tainted with bad faith is belied by her very own written consent
where she agreed that the autopsy of the remains of the deceased shall be performed
by the authorities in Sri Lanka.[125] For these reasons, the CA had been correct in
deleting the said awards.
The
monetary
benefits
awarded to the petitioner shall
earn legal interest at the rate
of 6% per annum from the
date of the finality of the
Decision until fully paid
The case of Lara's Gifts & Decor, Inc. v. Midtown Industrial Sales, Inc.[126] clarified the
correct rate of imposable interest, thus:
To summarize the guidelines on the imposition of interest as provided in
Eastern Shipping Lines and Nacar are further modified for clarity and
uniformity, as follows:
With regard to an award of interest in the concept of actual and
compensatory damages, the rate of interest, as well as the accrual thereof is
imposed, as follows:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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