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2.
Whether or not a corporation, like RBS, is entitled to an award of moral
damages upon grounds of debased reputation.
HELD:
1. No. There is no proof that a contract was perfected in the said meeting. Lopez
testimony about the contract being written in a napkin is not corroborated
because the napkin was never produced in court. Further, there is no meeting of
the minds because Del Rosarios offer was of 104 films for P60 million was not
accepted. And that the alleged counter-offer made by Lopez on the same day
was not also accepted because theres no proof of such. The counter offer can
only be deemed to have been made days after the April 2 meeting when SantosConcio sent a letter to Del Rosario containing the counter-offer. Regardless,
there was no showing that Del Rosario accepted. But even if he did accept, such
acceptance will not bloom into a perfected contract because Del Rosario has no
authority to do so.
As a rule, corporate powers, such as the power; to enter into contracts; are
exercised by the Board of Directors. But this power may be delegated to a
corporate committee, a corporate officer or corporate manager. Such a
delegation must be clear and specific. In the case at bar, there was no such
delegation to Del Rosario. The fact that he has to present the counteroffer to the
Board of Directors of Viva is proof that the contract must be accepted first by the
Vivas Board. Hence, even if Del Rosario accepted the counter-offer, it did not
result to a contract because it will not bind Viva sans authorization.
2. No. The award of moral damages cannot be granted in favor of a corporation
because, being an artificial person and having existence only in legal
contemplation, it has no feelings, no emotions, no senses, It cannot, therefore,
experience physical suffering and mental anguish, which call be experienced
only by one having a nervous system. No moral damages can be awarded to a
juridical person. The statement in the case of People vs Manero and Mambulao
Lumber vs PNB is a mere obiter dictum hence it is not binding as a
jurisprudence.
People vs Martinez
FACTS: Father raped his metally retarded daughter and threatened to kill her
afterwards.
ILISON vs PEOPLE
FACTS: A riot occurred, in the course of which Petitioner shot Gaton at the
abdomen causing the latters instantaneous death.
RTC- convicted Ilisan guilty beyond reasonable doubt of the crime of Homicide and
to indemnify the heirs of the deceased in the amounts of P75K as actual damages,
P50K for the death of the victim and P50K as moral damages.
CA- affirmed the RTCs finding of guilt, but modified the amount of
actual damages awarded to P58,520.00.
ISSUE: WON the award of damages is proper in this case.
HELD:
Yes.