1. Sarkies Tours v.

IAC, 124 SCRA 588

•
• • SC deletes the exemplary damages for Sarkies
• • The exemplary damages are personal to the employee actually in
charge of the vehicle
• • Exemplary damages are not proper because there is no showing that
Sarkies acted in a wanton or malevolent manner
• • However, Moral damages are proper, but must be reduced to P30,000
since the P100,000 initially awarded was excessive
DOCTRINE: EXEMPLARY DAMAGES CANNOT BE AWARDED AGAINST A CARRIER WHO DID NOT
ACT IN A WANTON OR MALEVOLENT MANNER