What are the kinds of damages?

Attractive Nuisance

Attorney's Fees; When awarded

Difference Between Damage and Damages

Exemplary Damages

Mandatory awards in Rape cases

Actual Damages; Proof

May damages be increased on appeal?

WHAT ARE NOMINAL DAMAGES?

Employer's Liability Based On Quasi-Delict

What are the kinds of damages?

Torts And Damages

inShare

ACTUAL/ COMPENSATORY
DAMAGES
Purpose
Actual or compensatory damages simply make good or replace the loss caused by the wrong.

Manner of Determination
Claimant must produce competent proof or the best evidence obtainable such as receipts to
justify an award therefore. Actual or compensatory damages cannot be presumed but must be
proved with reasonable certainty. (People v. Ereno, Feb. 22, 2000)

Special/Ordinary
Ordinary
NOTE: Ordinary Damages are those generally inherent in a breach of a typical contract

MORAL DAMAGES
Purpose
Awarded only to enable the injured party to obtain means, diversion or amusement that will
alleviate the moral suffering he has undergone, by reason of defendants culpable action.
(Robleza v. CA, 174 SCRA 354)

Manner of Determination
No proof of pecuniary loss is necessary. The assessment is left to the discretion of the court
according to the circumstances of each case. However, there must be proof that the defendant
caused physical suffering etc. (Compania Maritima v. Allied Free Worker’s Union, G.R. No. L-
31379, Aug. 29, 1988). GR: Factual basis must be alleged. Aside from the need for the claimant
to satisfactorily prove the existence of the factual basis of the damages, it is also necessary to
prove its causal relation to the defendant’s act (Raagas v. Trava, G.R. No. L-20081, Feb.
27,1968; People v. Manero, G.R. Nos. 86883-85, Jan. 29, 1993).

Exception: Criminal cases. Moral damages may be awarded to the victim in criminal proceedings
in such amount as the court deems just without need for pleading or proof of the basis thereof
(People v. Paredes, July 30, 1998).

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a
debtor in good faith can be held liable if he had been previously informed of such.
circumstances.

NOMINAL DAMAGES
Purpose
Vindicating or recognizing the injured party’s right to a property that has been violated or
invaded. (Tan v. Bantegui, 473 SCRA 663)

Manner of Determination
No proof of pecuniary loss is necessary. Proof that a legal right has been violated is what is only
required. Usually awarded in the absence of proof of actual damages.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a
debtor in good faith can be held liable if he had been previously informed of such.
circumstances.

TEMPERATE DAMAGES
Purpose
When the court is convinced that there has been such a loss, the judge is empowered to calculate
moderate damages rather than let the complainant suffer without redress. (GSIS v. Labung-
Deang, 365 SCRA 341)

Manner of Determination
May be recovered when the court finds that some pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved with certainty. No proof of pecuniary loss is
necessary.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a
debtor in good faith can be held liable if he had been previously informed of such.
circumstances.

LIQUIDATED DAMAGES
Purpose
Liquidated damages are frequently agreed upon by the parties, either by way of penalty or in
order to avoid controversy on the amount of damages.

Manner of Determination
If intended as a penalty in obligations with a penal cause, proof of actual damages suffered by
the creditor is not necessary in order that the penalty may be demanded (Art. 1228, NCC). No
proof of pecuniary loss is necessary.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a
debtor in good faith can be held liable if he had been previously informed of such.
circumstances.
EXEMPLARY/CORRECTIVE
DAMAGES
Purpose
Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings.
(People v. Orilla, 422 SCRA 620)

Manner of Determination
1. That the claimant is entitled to moral, temperate or compensatory damages; and

2. That the crime was committed with 1 or more aggravating circumstances, or the quasi-‐delict
was committed with gross negligence, or in contracts and quasi-contracts the act must be
accompanied by bad faith or done in wanton, fraudulent, oppressive or malevolent manner. No
proof of pecuniary loss is necessary.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a
debtor in good faith can be held liable if he had been previously informed of such.
circumstances.

Attractive Nuisance
Torts And Damages

inShare

What is the doctrine of attractive

nuisance?
One who maintains on his estate or premises an attractive nuisance without exercising due case
to prevent children from playing therewith or resorting thereto, is liable to a child of tender years
who is injured thereby, even if the child is technically a trespasser in the premises. (Jarco
Marketing Corp. v. CA, 117 SCAD 818, 321 SCRA 375 (1991), Paras, p. 741)

WHEN MAY ATTORNEY’S FEES BE

AWARDED?
 Attorney’s fees may be awarded only when a separate civil action to recover civil liability
has been filed or when exemplary damages are awarded
 The reason for this is that there is no attorney in a criminal case, only a public prosecutor,
who is compensated by the government

WHEN CAN ATTORNEY’S FEES BE

AWARDED IN CRIMINAL CASES?
 If there is award of exemplary damages

WHAT IS THE DIFFERENCE

BETWEEN DAMAGE AND
DAMAGES?
> Damages refers to the actionable loss resulting from another person’s act or omission. It
is the detriment, loss, or injury which
is occasioned by reason of fault of another in the property or
person
> Damages refer to the sum of money which can be awarded for the damage done. These are the
pecuniary consequences which the law imposes for the breach of some duty or the violation of
some
right

WHEN ARE EXEMPLARY DAMAGES

AWARDED?
EXEMPLARY DAMAGES MAY BE AWARDED IN THE FOLLOWING CASES:
1. In criminal actions, when the crime was committed with one or more aggravating
circumstances
2. In quasi-delicts, if the defendant acted with gross negligence
3. In contracts and quasi-contracts, if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner

WHAT ARE THE MANDATORY

AWARDS IN CASE OF RAPE CASES?
 In rape cases, a civil indemnity of P50000 is mandatory
 An award of moral damages is also mandatory without need of pleading or proof.
 If it is qualified rape, the mandatory civil indemnity is P75,000

WHAT SHOULD THE OFFENDED P

ARTY PROVE IF HE WANTS TO
CLAIM ACTUAL DAMAGES OR LOSS
OF EARNING CAPACITY?
 The offended party must show proof of the amount of the
pecuniary loss, such as receipts
 Actual damages not supported by evidence may not be awarded
 However, if death results from the crime or the quasi-delict, the heirs need only to
prove the fact of death in order to claim actual or compensatory damages

IS THERE NEED FOR PROOF

OF PECUNIARY LOSS IN
ORDED THAT
MORAL, NOMINAL, TEMPORATE,
LIQUIDATED, OR EXEMPLARY
DAMAGES MAY BE ADJUDICATED?
 No, Article 2216 of the Civil Code provides that no proof is needed
 The assessment of the damage depends on the discretion of the court

MAY DAMAGES BE INCREASED ON

APPEAL?
 Yes, an appeal opens the whole case on review by the appellate court, and this includes the
award of damages

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Torts and Damages:
 TITLE XVIII

Damages 1

CHAPTER 1

General Provisions

ARTICLE 2195. The provisions of this Title shall be respectively applicable to all obligations mentioned in a

ARTICLE 2196. The rules under this Title are without prejudice to special provisions on damages formulate
Compensation for workmen and other employees in case of death, injury or illness is regulated by special
damages laid down in other laws shall be observed insofar as they are not in conflict with this Code.

ARTICLE 2197. Damages may be:

(1) Actual or compensatory;

(2) Moral;

(3) Nominal;

(4) Temperate or moderate;

(5) Liquidated; or

(6) Exemplary or corrective.

ARTICLE 2198. The principles of the general law on damages are hereby adopted insofar as they are not i

CHAPTER 2

Actual or Compensatory Damages

ARTICLE 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation o
suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory dama

ARTICLE 2200. Indemnification for damages shall comprehend not only the value of the loss suffered, but
the obligee failed to obtain. (1106)

ARTICLE 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good fai
are the natural and probable consequences of the breach of the obligation, and which the parties have for
reasonably foreseen at the time the obligation was constituted.

In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages whi
attributed to the non-performance of the obligation. (1107a)

ARTICLE 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the na
consequences of the act or omission complained of. It is not necessary that such damages have been fore
been foreseen by the defendant.

ARTICLE 2203. The party suffering loss or injury must exercise the diligence of a good father of a family t
resulting from the act or omission in question.

ARTICLE 2204. In crimes, the damages to be adjudicated may be respectively increased or lessened accor
mitigating circumstances.

ARTICLE 2205. Damages may be recovered:

(1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury;
(2) For injury to the plaintiff's business standing or commercial credit.

ARTICLE 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three
there may have been mitigating circumstances. In addition:

(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity s
latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on
disability not caused by the defendant, had no earning capacity at the time of his death;

(2) If the deceased was obliged to give support according to the provisions of article 291, the recipient wh
decedent's inheritance by the law of testate or intestate succession, may demand support from the person
period not exceeding five years, the exact duration to be fixed by the court;

(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand mo
anguish by reason of the death of the deceased.

ARTICLE 2207. If the plaintiff's property has been insured, and he has received indemnity from the insura
loss arising out of the wrong or breach of contract complained of, the insurance company shall be subroga
insured against the wrongdoer or the person who has violated the contract. If the amount paid by the insu
cover the injury or loss, the aggrieved party shall be entitled to recover the deficiency from the person ca

ARTICLE 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicia
except:

(1) When exemplary damages are awarded;

(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to inc
interest;

(3) In criminal cases of malicious prosecution against the plaintiff;

(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;

(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly va
claim;

(6) In actions for legal support;

(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;

(8) In actions for indemnity under workmen's compensation and employer's liability laws;

(9) In a separate civil action to recover civil liability arising from a crime;

(10) When at least double judicial costs are awarded;

(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of li

In all cases, the attorney's fees and expenses of litigation must be reasonable.

ARTICLE 2209. If the obligation consists in the payment of a sum of money, and the debtor incurs in dela
there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the ab
interest, which is six per cent per annum. (1108)

ARTICLE 2210. Interest may, in the discretion of the court, be allowed upon damages awarded for breach

ARTICLE 2211. In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be ad
the court.
ARTICLE 2212. Interest due shall earn legal interest from the time it is judicially demanded, although the
this point. (1109a)

ARTICLE 2213. Interest cannot be recovered upon unliquidated claims or damages, except when the dem
reasonable certainty.

ARTICLE 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that

ARTICLE 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the dam
other than the case referred to in the preceding article, as in the following instances:

(1) That the plaintiff himself has contravened the terms of the contract;

(2) That the plaintiff has derived some benefit as a result of the contract;

(3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of c

(4) That the loss would have resulted in any event;

(5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injur

CHAPTER 3

Other Kinds of Damages

ARTICLE 2216. No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated
be adjudicated. The assessment of such damages, except liquidated ones, is left to the discretion of the co
circumstances of each case.

SECTION 1

Moral Damages

ARTICLE 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirc
feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, m
recovered if they are the proximate result of the defendant's wrongful act for omission.

ARTICLE 2218. In the adjudication of moral damages, the sentimental value of property, real or personal,

ARTICLE 2219. Moral damages may be recovered in the following and analogous cases:

(1) A criminal offense resulting in physical injuries;

(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape, or other lascivious acts;

(4) Adultery or concubinage;

(5) Illegal or arbitrary detention or arrest;

(6) Illegal search;

(7) Libel, slander or any other form of defamation;

(8) Malicious prosecution;

(9) Acts mentioned in article 309;

(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may al

The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 o
named.

ARTICLE 2220. Willful injury to property may be a legal ground for awarding moral damages if the court s
circumstances, such damages are justly due. The same rule applies to breaches of contract where the def
bad faith.

SECTION 2

Nominal Damages

ARTICLE 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been viol
defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any

ARTICLE 2222. The court may award nominal damages in every obligation arising from any source enume
every case where any property right has been invaded.

ARTICLE 2223. The adjudication of nominal damages shall preclude further contest upon the right involve
as between the parties to the suit, or their respective heirs and assigns.

SECTION 3

Temperate or Moderate Damages

ARTICLE 2224. Temperate or moderate damages, which are more than nominal but less than compensato
recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from t
provided with certainty.

ARTICLE 2225. Temperate damages must be reasonable under the circumstances.

SECTION 4

Liquidated Damages

ARTICLE 2226. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case

ARTICLE 2227. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably red
unconscionable.

ARTICLE 2228. When the breach of the contract committed by the defendant is not the one contemplated
upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.

SECTION 5

Exemplary or Corrective Damages

ARTICLE 2229. Exemplary or corrective damages are imposed, by way of example or correction for the pu
moral, temperate, liquidated or compensatory damages.

ARTICLE 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed wh
with one or more aggravating circumstances. Such damages are separate and distinct from fines and shal
party.

ARTICLE 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross ne
 ARTICLE 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendan
fraudulent, reckless, oppressive, or malevolent manner.

ARTICLE 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide wheth
adjudicated.

ARTICLE 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show
temperate or compensatory damages before the court may consider the question of whether or not exemp
awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in or
damages may be recovered, nevertheless, before the court may consider the question of granting exempl
liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensato
stipulation for liquidated damages.

ARTICLE 2235. A stipulation whereby exemplary damages are renounced in advance shall be null and void

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Copyright © 2

A quasi-delict or tort is “the wrongful act or negligent act or omission which creates a vinculum
juris and gives rise to an obligation between two persons not formally bound by any other
obligation.”[1] Hence, a person is liable for damages against another who suffers damage as a
result of the former’s acts or omissions which are the proximate cause, whether the same is due
to negligence or fault, and there is no pre-existing

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