Sie sind auf Seite 1von 2


Actual or Actual or compensatory damages simply make Claimant must produce competent proof or the best evidence  Death due to quasi-delict
Compensatory good or replace the loss caused by the wrong. obtainable such as receipts to justify an award therefore. Petitioners are entitled to indemnity for the death
Actual or compensatory damages cannot be presumed but of Ruelito which is fixed at ₱50,000. [Cruz v.
must be proved with reasonable certainty. (People v. Ereno, Sun Holidays, Inc. (2010)]
Feb. 22, 2000)
 In crimes involving death of a victim where
the penalty consists of indivisible penalties:
1. Where the penalty imposed is death but
reduced to reclusion perpetua because
of RA 9346, civil indemnity is
₱100,000.00 [People v. Jugueta
2. Where the penalty imposed is reclusion
perpetua, civil indemnity is ₱75,000.00.
[People v. Jugueta (2016]

 In other crimes that result in the death of a

victim and the penalty consists of divisible
Where the crime was consummated, civil
indemnity is ₱50,000.00 [People v. Jugueta

 As for damages representing unearned

income, the formula for its computation is:

Net Earning Capacity = Life Expectancy x

(gross annual income - reasonable and
necessary living expenses)

Life expectancy = 2/3 x (80 - age of deceased at
the time of death) [Cruz, supra]
Moral Awarded only to enable the injured party to No proof of pecuniary loss is necessary. The assessment is Where the penalty imposed is death but reduced
obtain means, diversion or amusement that will left to the discretion of the court according to the to reclusion perpetua because of RA 9346:
alleviate the moral suffering he has undergone, circumstances of each case. However, there must be proof a. Moral damages – ₱100,000.00
by reason of defendants culpable action. that the defendant caused physical suffering etc. (Compania b. Exemplary damages – ₱100,000.00
(Robleza v. CA, 174 SCRA 354) Maritima v. Allied Free Worker’s Union, G.R. No. L-31379,
Aug. 29, 1988).
Where the penalty imposed is reclusion
GR: Factual basis must be alleged. Aside from the need for perpetua, other than the above-mentioned:
the claimant to satisfactorily prove the existence of the factual a. Moral damages – ₱75,000.00
basis of the damages, it is also necessary to prove its causal b. Exemplary damages – ₱75,000.00
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, For the victims who suffered mortal/fatal wounds
Jan. 29, 1993). and could have died if not for a timely medical
intervention, the following shall be awarded:
Exception: Criminal cases. Moral damages may be awarded to a. Moral damages – ₱75,000.00
the victim in criminal proceedings in such amount as the court b. Exemplary damages – ₱75,000.00
deems just without need for pleading or proof of the basis
thereof (People v. Paredes, July 30, 1998). For the victims who suffered non-mortal/non-fatal
Exemplary or Exemplary or corrective damages are intended 1. That the claimant is entitled to moral, temperate or injuries:
Corrective to serve as a deterrent to serious wrongdoings. compensatory damages; and a. Moral damages – ₱50,000.00
(People v. Orilla, 422 SCRA 620) 2. That the crime was committed with 1 or more aggravating b. Exemplary damages – ₱50,000.00
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.

Nominal Vindicating or recognizing the injured party’s No proof of pecuniary loss is necessary.
right to a property that has been violated or
invaded. (Tan v. Bantegui, 473 SCRA 663) Proof that a legal right has been violated is what is only

Usually awarded in the absence of proof of actual damages.

Temperate or When the court is convinced that there has been May be recovered when the court finds that some pecuniary In all crimes involving death of the victim, when
moderate such a loss, the judge is empowered to calculate loss has been suffered but its amount cannot, from the nature no documentary evidence of burial or funeral
moderate damages, which are more than of the case, be proved with certainty. expenses is presented in court, the amount of
nominal but less than compensatory damages, ₱50,000.00 as temperate damages shall be
rather than let the complainant suffer without awarded.
redress. (GSIS v. Labung-Deang, 365 SCRA
341) No proof of pecuniary loss is necessary.
Liquidated Liquidated damages are frequently agreed upon If intended as a penalty in obligations with a penal cause,
by the parties, either by way of penalty or in proof of actual damages suffered by the creditor is not
order to avoid controversy on the amount of necessary in order that the penalty may be demanded (Art.
damages. 1228, NCC).

No proof of pecuniary loss is necessary.