4/15/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 29/37

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