Special/Ordinary
Ordinary
NOTE: Ordinary Damages are those generally inherent in a breach
of a typical contract
MORAL DAMAGESPurpose
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 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/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 DAMAGESPurpose
Vindicating or recognizing the injured partys 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 DAMAGESPurpose
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 DAMAGESPurpose
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 DAMAGESPurpose
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.
