II.

DAMAGES DAMAGE The detriment, injury or loss which are occasioned by reason of fault of another in the property or person. DAMAGES The pecuniary compensation, recompense or satisfaction for an injury sustained or as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or violation of some rights. DAMNUM ABSQUE Without Injury) INJURIA (Damage

discretion of the court according to the circumstances of each case. Kinds of damages (MANTLE) 1. Actual or Compensatory 2. Moral 3. Nominal 4. Temperate or moderate 5. Liquidated 6. Exemplary or corrective A. ACTUAL OR COMPENSATORY DAMAGES Comprehends not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. Classification: 1. Dano emergente loss of what a person already possesses 2. Lucro cessante failure to receive as a benefit that would have pertained to him NOTE: The latter type includes: 1. Loss or impairment of earning capacity in cases of temporary or permanent personal injury. 2. Injury to the plaintiffs business standing or commercial credit.

A person may have suffered physical

hurt or injury, but for as long as no legal injury or wrong has been done, there is no liability. There is no liability even if there is damage because there was no injury. There can be damage without injury. In order that a plaintiff may maintain an action for the injuries of which he complains, he must establish that such injuries resulted from a breach of duty which the defendant owed to the plaintiff. Injury
Legal invasion of a legal right

In crimes and quasi-delict, the

Damage
Loss, hurt or harm which results from the injury

Damages
The recompense or compensatio n awarded for the damage suffered

NOTES: A complaint for damages is a personal action. (Baritua vs. CA, 267 SCRA 331) Proof of pecuniary loss is necessary to successfully recover actual damages from the defendant. No proof of pecuniary loss is necessary in case of moral, nominal, temperate, liquidated or exemplary damages. The assessment of such damages, except liquidated ones, is left to the

defendant shall be liable for all damages which are the natural and probable consequences of the act and omission complained of. It is not necessary that such damages have been foreseen or could have reasonably foreseen by the defendant. (Article 2202 Civil Code) The amount should be that which would put plaintiff in the same position as he would have been if he had not sustained the wrong for which he is now getting his compensation or reparation. To recover damages, the amount of loss must not only be capable of proof but must actually be proven. Uncertainty as to the precise amount is not necessarily fatal.

LOSS OF EARNING CAPACITY: Variables considered are: 1. life expectancy 2. net income/earnings

Formula:
{2/3 x (80age of death)} x mo. Earnings x 12 2

NOTE: Life expectancy is computed as follows: { 2/3 x (80-age at death) } Net earnings is the total of the earnings less expenses necessary for the creation of such earnings and less living or other incidental expenses. Loss of profits May be determined by considering the average profit for the preceding years multiplied by the number of years during which the business was affected by the wrongful act or breach. Attorneys fees They are actual damages. It is due to the plaintiff and not to the counsel. Plaintiff must allege the basis of his claim for attorneys fees in the complaint; the basis should be one of the 11 cases specified in Article 2208 of the Civil Code. Interests Award of interest in the concept of actual and compensatory damages actual damages. The rate of interest, as well as the accrual thereof is imposed as follows: 1. When the obligation is breached and it consist of payment of sum of money, i.e., a loan or forbearance of money: a. The interest due should be that which may have been stipulated in writing; furthermore, the interest due shall itself earn legal interest from the time it is judicially demanded. b. In the absence of stipulation, the rate of interest shall be 12% per annum to be computed from default, i.e., from judicial or extrajudicial demand under and

subject to the provisions of Article 1169 of the Civil Code. 2. When the obligation, not constituting a loan or forbearance or money, is breached: An interest on the amount of damages to be awarded may be imposed at the discretion of the court at the rate of 6% per annum. No interest shall be adjudged on unliquidated claims or damages, except when or until demand can be established with reasonable certainty. Where the demand is established with reasonable certainty, the interest shall begin to run from the time the claim is made judicially or extrajudicially. 3. When the judgment of the court awarding the sum of money becomes final and executory, the rate of legal interest shall be 12% per annum from such finality until its satisfaction. Doctrine of Avoidable Consequences A party cannot recover damages flowing from consequences which the party could reasonably have avoided. It has a reasonable corollary: a person who reasonably attempts to minimize his damages can recover the expenses that he incurred. Doctrine of Avoidable Consequences Acts of the plaintiff occur after the act or omission of the defendant Contributory Negligence Plaintiffs act or omission occurs before or at the time of the act or omission of the defendant

B. MORAL DAMAGES Includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded

feelings, moral shock, social humiliation, and similar injury. No proof of pecuniary loss is necessary. GENERAL RULE: The plaintiff must allege and prove: 1. The factual basis for moral damages; and 2. Its causal relation to the defendants act EXCEPTION: Moral damages may be awarded to the victim in criminal proceedings without the need for pleading of proof of the basis thereof. Requisites for award of moral damages: 1. There must be an injury whether physical, mental or psychological, clearly sustained by the claimant; 2. There must be a culpable act or omission.; 3. Such act or omission is the proximate cause of the injury; 4. The damages is predicated on the cases cited in Art.2219. NOTE: The award of moral damages cannot be granted in favor of a corporation because, being an artificial person, it has no feelings, no emotions, no senses. It cannot therefore experience physical suffering and mental anguish which can be experienced only by one having a nervous system.

They are damages in name only and

are allowed simply in recognition of a technical injury based on a violation of a legal right. Nominal damages cannot co-exist with actual or compensatory damages.

D. TEMPERATE OR MODERATE DAMAGES These are damages, which are more than nominal but less than compensatory, and may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty. (Article 2224 Civil Code) In cases where the resulting injury might be continuing and possible future complications directly arising from the injury, while certain to occur are difficult to predict, temperate damages can and should be awarded on top of actual or compensatory damages; in such cases there is no incompatibility between actual and temperate damages. E. LIQUIDATED DAMAGES Those agreed upon by the parties in a contract, to be paid in case of breach thereof.

C. NOMINAL DAMAGES Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. (Article2221 Civil Code) Small sums fixed by the court without regard to the extent of the harm done to the injured party. Law presumes damage although actual or compensatory damages are not proven.

F. EXEMPLARY DAMAGES

OR

CORRECTIVE

Imposed by way of example or

correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

Requisites

for the award of exemplary damages: 1. They are imposed by way of example in addition to compensatory damages and Imposed only after the claimants right to them has been established;

2. They cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded; 3. The act must be accompanied by bad faith or done in wanton, fraudulent, oppressive or malevolent manner.