TEMPERATE OR MODERATE DAMAGES

Q: What are temperate damages?

A: Those 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.

Considered a special type of damages.

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

According to 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)
According to 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.

Elements:
1. Some pecuniary loss;
2. Loss is incapable of pecuniary estimation;
3. The damages awarded are reasonable.

Q: When is temperate damages recoverable?

1. The claimant’s right to exemplary damages has been

established
2. Their determination depends upon the amount of
compensatory damages that may be awarded to the
claimant
3. The act must be accompanied by bad faith or done
in wanton, fraudulent, oppressive or malevolent
manner
OTHER NOTES:

 Exemplary Damages must co‐exist with Moral,

Temperate, Liquidated or Compensatory Damages.
 Damages cannot be both actual and temperate.
 Except: resulting injury might be continuing
and possible future complications directly
arising from the injury, are difficult to
predict. (Chronic and continuing)