4
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

Damages

Embed Size (px)

DESCRIPTION

damages

Citation preview

ACTUAL/ COMPENSATORY DAMAGESPurposeActual or compensatory damages simply make good or replace the loss caused by the wrong.Manner of DeterminationClaimant 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/OrdinaryOrdinaryNOTE: Ordinary Damages are those generally inherent in a breach of a typical contractMORAL DAMAGESPurposeAwarded 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 DeterminationNo 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 Workers 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 defendants 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/OrdinarySpecialNOTE: 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 DAMAGESPurposeVindicating or recognizing the injured partys right to a property that has been violated or invaded. (Tan v. Bantegui, 473 SCRA 663)Manner of DeterminationNo 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/OrdinarySpecialNOTE: 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 DAMAGESPurposeWhen 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 DeterminationMay 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/OrdinarySpecialNOTE: 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 DAMAGESPurposeLiquidated 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 DeterminationIf 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/OrdinarySpecialNOTE: 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 DAMAGESPurposeExemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings. (People v. Orilla, 422 SCRA 620)Manner of Determination1. 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/OrdinarySpecialNOTE: 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.