LBC Express, Inc. v.

Court of Appeals 236 SCRA 602

The award of moral damages is likewise improper. Moreover, moral damages are not, as a general rule, granted to a corporation. While it is true that besmirched
reputation is included in moral damages, it cannot cause mental anguish to a corporation, unlike in the case of a natural person, for a corporation has no reputation in the
sense that an individual has, and besides, it is inherently impossible for a corporation to suffer mental anguish.
Moral damages are granted in recompense for physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social
humiliation, and similar injury. A corporation, being an artificial person and having existence only in legal contemplation, has no feelings, no emotions, no senses;
therefore, it cannot experience physical suffering and mental anguish. Mental suffering can be experienced only by one having a nervous system and it flows from real
ills, sorrows, and griefs of life all of which cannot be suffered by respondent bank as an artificial person.
Neither can we award exemplary damages under Article 2234 of the Civil Code. Before the court may consider the question of whether or not exemplary damages should
be awarded, the plaintiff must show that he is entitled to moral, temperate, or compensatory damages.
Fil Broadcasting Net Work vs. AGO Medical and Educational Center, 448 SCRA 413
The Principle of Neutral Reportage.
A. This is a defense available to one charged not as the author but as a republisher of a libelous material

B. The republisher who accurately and disinterestedly reports certain defamatory statements made against public figures, is shielded from liability, regardless of his
subjective awareness of the truth or falsity of the accusation.
Example: A parent of a student goes on radio to denounce a school teacher as being incompetent, absentee, bias and prejudiced. A news reporter quoted the
accusations in his news article. He is not liable even if he personally knows the accusations are untrue.
Attorneys Fees
The Court cannot sustain the award of attorneys fees. The Court of Appeals failed to state explicitly in its decision the basis for the award of attorneys fees. The award
of attorneys fees is the exception rather than the rule and the court must state explicitly the legal reason for the award of attorneys fees.
ABS-CBN Broadcasting Corp. v. CA, the Court held that:
The general rule is that attorneys fees cannot be recovered as part of damages because of the policy that no premium should be placed on the right to litigate. They are
not to be awarded every time a party wins a suit. The power of the court to award attorneys fees under Article 2208 demands factual, legal, and equitable justification.
Even when a claimant is compelled to litigate with third persons or to incur expenses to protect his rights, still attorneys fees may not be awarded where no sufficient
showing of bad faith could be reflected in a partys persistence in a case other than an erroneous conviction of the righteousness of his cause.
Collector vs. Club Filipino de Cebu 5 SCRA 312
x x x. To deny this appeal on the principles of res judicata and/or estoppel by judgment would be sacrificing justice to technicality. Their application to the case, under
the particular facts obtaining, would amount to denial of justice and/or a bar to a vindication of a legitimate grievance. In cases like the one under consideration, a liberal
interpretation of the rules becomes imperative and technicalities should not be resorted to in derogation of the indetermination of a litigation. There is no vested right in
technicalities (Alonzo v. Villamor, 16 Phil. 315) (5 SCRA at 312).
As pointed out in the above-quoted Order of the trial court, defendant-appellants only basis for holding on to the property in question is her alleged illegal dismissal.
Although workers have rights which ought to be protected, land owners (sic) likewise have rights which should receive the same protection from the law.
Appellant harps on the fact that the motions to dismiss filed by the defendants did not comply strictly with the requirements for notice of hearing, and that they are,
therefore, mere scraps of paper that should not have been considered at all by the court. A perusal of said motions reveal that both movants asked that the same be set
for hearing on February 2, 1996 and copies thereof were furnished counsel for the plaintiff who accordingly filed an Objection/Comment to Motion to Dismiss. There is no
showing from the records that the motions were actually heard by the court but the plaintiff did not raise that issue when she filed her Motion for Reconsideration. A
procedural issue not brought on reconsideration is deemed waived (Manalo v. Roldan-Confesor, 220 SCRA 606). Any defect in procedural due process had been cured
by the filing of a motion for reconsideration by the plaintiff (Medenilla v. Civil Service Commission, 194 SCRA 278, PNOC-Energy Development Corporation v. NLRC, 201
SCRA 487).
We have consistently held that the essence of due process is simply an opportunity to be heard, or, as applied to administrative proceedings, an opportunity to explain
ones side or an opportunity to seek for a reconsideration of the action or ruling complained of.[18] And any seeming defect in its observance is cured by the filing of a
motion for reconsideration.[19] A formal or trial-type hearing is not at all times and in all instances essential. The requirements are satisfied where the parties are afforded
fair and reasonable opportunity to explain their side of the controversy at hand.[20] What is frowned upon is the absolute lack of notice and hearing. There is no denial
that the essence of due process was sufficiently complied with in the present case.
Ecclesiastical corporations are created to enable religious societies to manage with more facility and advantage the temporalities belonging to the church or
congregation.
Ecclesiastical corporations are either sole or aggregate. The members composing which are all spiritual persons, such as bishops, certain deans, and prebendaries, all
archdeacons, parsons, and vicars are corporations sole, and such corporations aggregate as deans and chapters, prior and convent (formerly), abbots and monks, and
the like.
Ecclesiastical corporations are also called religious corporations.
Ecclesiastical corporations are formed by any number of persons, not less than 3. It is incorporated for the purpose of establishing any church organization for the
purpose of teaching and spreading their religious beliefs and principles. Further, every such corporation should be a non-profit corporation.