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Kinds of Damages: (MENTAL) MORAL EXEMPLARY NOMINAL TEMPERATE ACTUAL LIQUIDATED 1.

ACTUAL/COMPENSATORY - adequate compensation for a) the value of loss suffered b) profits which obligee failed to obtain Exception: a. provided by law b. by stipulation WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES: 1.) Plead or allege the loss GENERAL DAMAGE - natural, necessary and logical consequences of a particular wrongful act which result in injury; need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act SPECIAL DAMAGES - damages which are the natural, but not the necessary and inevitable result of the wrongful act; need to be pleaded 2.) Pray for the relief that claim for loss be granted 3.) Prove the loss WHEN LOSS NEED NOT BE PROVED: 1.) Liquidated damages previously agreed upon; liquidated damages take the place of actual damages except when additional damages incurred 2.) If damages other than actual are sought 3.) Loss is presumed (ex: loss if a child or spouse) 4.) Forfeiture of bonds in favor of the government for the purpose of promoting public interest or policy (ex: bond for temporary stay of alien) CONTRACTS & QUASI CONTRACTS 1. Damages in case of Good faith a. Natural and probable consequence of breach of obligation, and b. Parties have forseen or could have reasonably forseen at time obligation was constituted 2. Damages in case of bad faith a. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation CRIMES & QUASI-CRIMES ? defendant is liable for all damages that are natural and probable consequence of the act/omission complained of ? not necessary that damages have been forseen or could have been reasonably forseen a) VALUE OF LOSS SUFFERED - Destruction of things, fines or penalties, medical & hospital bills, attorney's fees, interests, cost of litigation Damages recoverable: 1. Medical & Hospital Bills 2. Loss or impairment of earning capacity (in case of physical disability) 3. Damages for death a) Minimum amount: P50,000 b) Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c) Support, if deceased was obliged to give support (for period not more than 5 years) d) Moral damages

4. Attorney's fees - as a general rule, attorney's fees (other than judicial costs) are not recoverable, except: a) stipulation between parties b) when exemplary damages are awarded c) when defendant's act/omission compelled plaintiff to litigate with 3rd persons or incur expenses to protect his interest d) malicious prosecution e) clearly unfounded civil action or proceeding against plaintiff f) defendant acted in gross & evident bad faith in refusing to satisfy plaintiff's just & demandable claim g) legal support actions h) recovery of wages of household helpers, laborers & skilled workers i) actions for indemnity under workmen's compensation and employer liability laws j) separate civil action to recover civil liability arising from crime k) when double judicial costs are awarded 5. Judicial costs 6. interest - discretionary on part of the court b) UNREALIZED PROFITS - future earnings WHEN IS DAMAGES MITIGATED: 1. Contributory negligence 2. In contracts. Quasi-contracts and quasi-delict a. plaintiff has contravened the terms of contract b. plaintiff derived some benefit as result of contract c. in case where exemplary damages are to be awarded, that the defendant acted upon the advise of counsel d. that the loss would have resulted in any event e. that since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury 2. MORAL DAMAGES - (PBMF-MWSS) a. Physical suffering b. Besmirched reputation c. Mental anguish d. Fright e. Moral shock f. Wounded feelings g. Social humiliation h. Serious anxiety Notes: ? Sentimental value of real or personal property may be considered in adjudicating moral damages ? The social and economic/financial standing of the offender and the offended party should be taken into consideration in the computation of moral damages ? Moral damages is awarded only to enable the injured party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he has undergone, by reason of defendant's culpable action and not intended to enrich a complainant at the expense of defendant IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (enumeration not exclusive): a. Criminal offense resulting in physical injuries b. Quasi-delicts causing physical injuries c. Seduction, abduction, rape or other acts of lasciviousness d. Adultery and concubinage e. Illegal or arbitrary detention or arrest f. Illegal search

g. Libel, slander or other form of defamation h. Malicious prosecution i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and interference with funeral j. Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34 and 35 k. The parents of the female seduced, abducted, raped, or abused l. Spouse, descendants, ascendants and brother and sisters for acts mentioned in art 309 m. Art 2220 - in cases of willful injury to property or breaches of contract where defendant acted fraudulently or in bad faith 3. NOMINAL DAMAGES - 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 ELEMENTS: a. Plaintiff has a right b. Right of plaintiff is violated c. Purpose is not to identify but vindicate or recognize right violated 4. TEMPERATE OR MODERATE DAMAGES - more than nominal but less than compensatory where some pecuniary loss has been suffered but its amount can't be proved with certainty due to the nature of the case REQUISITES: a. Some pecuniary loss b. Loss is incapable of pecuniary estimation c. Must be reasonable 5. LIQUIDATED DAMAGES - those agreed upon by the parties to a contract, to be paid in case of breach thereof WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED: a. iniquitous or unconscionable b. partial or irregular performance 6. EXEMPLARY OR CORRECTIVE DAMAGE - imposed by way example or correction for the public good, in addition to the moral, temperate, liquidated to compensatory damages