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Compensates plainti for injury or loss suered

Cannot be presumed and must be proven with


reasonable degree of certainty

Concept

Does NOT operate as a penalty


MUST be alleged and prayed for in the complaint
ALLEGED and PROVEN with certainty
Requisites

PROXIMATELY resulted from injury


NOT SPECULATIVE
Best Evidence: RECEIPTS and other documents,
based on the circumstances
GR: Fact and amount of damages must be proven
with certainty and best evidence available

Proof Required

EX: When defendant admits the amount claimed by


the plainti, no more need to prove (Casis)
EX: In cases of death by crime or quasi-delict, civil
indemnity will be awarded; no need for plainti to
prove

Actual and Compensatory

Actual Loss; contemplates a loss of what was


already in the possession of the plainti

Damnum emergens
Kinds of Compensatory Damages (De Leon)

Ex. hospital bills, worth of property damaged

Unrealized Profits; any pecuniary benefit that


pertains to the plainti which he failed to receive due
to the injury against him

Lucrum cessans

Ex. Wages not received, dierence in contract price


and market price

Natural and probable consequences


Good Faith

Parties have foreseen or could have reasonably


foreseen

CONTRACTS and QUASI-CONTRACTS

All that could be reasonably attributed


Bad Faith

Measure of Damages

Does not require to have been foreseen or to be


foreseeable
Follows measure of damages for bad faith breach of
contract (reasonable attribution and no requirement
as to foreseeability)

NO DEATH

Civil Indemnity: P50,000 - P75,000; depends on


imposable penalty and no need to prove amount

CRIME and QUASI-DELICTS

Loss of Earning Capacity: Net = Life Expectancy x (A - B),


where A is Gross Annual Income and B is the Necessary
Living Expenses, pegged at 50% of A, in absence of proof
otherwise

DEATH

Damages agreed upon by parties in a contract; to be


paid in case of a breach
May only exist through a contract or agreement

Concept
Included within the context of compensatory
damages

Liquidated

Measure of Damages

Nature and circumstances prevents presentation of


proof of exact amount

Requisites (BOC Reviewer)

Causal connection between the loss and the


defendant's act or omission

Temperate

Not awarded as a matter of right; adjudicated by the


court and ultimately decided by them whether to
award or not (Art. 2233)
Cannot be renounced (Art. 2235)
Plainti must SHOW FIRST that he is entitled to
actual or compensatory, moral, or temperate
damages

Incompatibility w/ Other Damages

Damages

Serves to vindicate or recognize when a right has


been violated or invaded
Breach of any of the 5 sources of obligations, OR
Invasion of any of plainti's property rights

Exemplary

Actual damages are uncertain, not susceptible of


proof, too remote, conjectural, or speculative; OR

Requisites

Concept

Specific Requirements in Di. Obligations

Commensurate to the injury

Committed with ONE or MORE AGGRAVATING


circumstance

Quasi-delict

Requisites (Casis)

Attended with GROSS NEGLIGENCE

Contracts and Quasi-Contracts

Breach was done through wanton, fraudulent,


reckless, oppressive or malevolent manner

Court's discretion
Measure of Damages

When Awarded

Reasonable and cannot be excessive


Amount need not be proved

Nominal

No basis for establishing any measure of damages


Small but substantial

Applies even if Liquidated Damages were stipulated


(Art.2234)

Crimes

Violation of right has been established BUT

Not intended to enrich plainti


Concept

Measure of Damages

For restoration of spiritual status quo ante


MUST be alleged

When awarded, all other awards are inconsistent


Award shall also preclude further contest upon right
involved and accessory questions; binding upon
parties involved and their heirs and assigns (Art.
2223)

Reduced when iniquitous or unconscionable

Not awarded to enrich the plainti but to set an


example

Concept

Measure of Damages

Case: Receipts amount to LESS than P25k or NO


receipts at all

Amount stipulated

Awarded to deter commission of socially deleterious


actions

Less than Compensatory but More than Nominal

EX: May be awarded in addition to a) actual


damages if there is chronic and continuing injuries
and b) civil indemnity for death

Validly stipulated; not contrary to law, morals, public


safety, or public order

Requisites

Actual existence of pecuniary loss

GR: Award of Temperate Damages is incompatible


with Actual and Compensatory or Nominal Damages;
replaces actual damages when proof is inadequate

CANNOT coexist with Actual Damages

Concept

Applicable in cases where fact of pecuniary loss is


established but definite proof thereof cannot be
oered

Still award P25k

Does NOT answer for all kinds of breaches; only for


those contemplated by parties

An injury clearly sustained, whether physical, mental,


or, psychological

Incompatibility w/ Other Damages


Requisites (UPCB v. CA)

Culpable act or omission which is factually


established
Such culpable act or commission must be the
proximate cause of injury clearly sustained
Any one of the circumstances in Art. 2219 obtains
Crime -> Physical Injuries
Quasi-delicts -> Physical Injuries
Seduction, abduction, rape or other lascivious acts
Adultery or concubinage
Illegal/Arbitrary Detention or Arrest
GR: In the following and analogous cases (Art. 2219)

Illegal Search
Libel, slander or other defamations
Malicious Prosecution
Disrespect to the Dead OR Wrongful Interference w/
Funeral
Cases involving the Human Relations Provisions

Moral

Willful injury to property, if court finds that moral


damages are justly due.

When Awarded
EX: May also be awarded in cases of (Art. 2220)

Breaches of contract where defendant acted


fraudulently or in bad faith.
Physical suering
Besmirched reputation
Mental anguish
Fright

AND the Injury consists of (Art. 2217)

Moral shock
Wounded feelings
Social humiliation
Serious anxiety
Similar injuries

Considerations about Parties

Ocial, political, social and financial standing of


oended parties
Business and financial position of defendant

Measure of Damages

Somehow proportional to the suering inflicted on


plainti
If damage to property, sentimental value is
considered
In all cases, must be reasonable
No hard-and-fast rule; left to court's discretion