Torts And Damages

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Damages

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may properly be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or, as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or violation of some rights.

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pecuniary; recompense; satisfaction

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Damages may properly be defined as the __ compensation, __, or __ for an injury sustained, or, as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or violation of some rights.

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injury; expressed; consequences

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Damages may properly be defined as the pecuniary compensation, recompense, or satisfaction for an __ sustained, or, as otherwise __, the pecuniary __ which the law imposes for the breach of some duty or violation of some rights.

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law; breach; duty

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Damages may properly be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or, as otherwise expressed, the pecuniary consequences which the __ imposes for the __ of some __ or violation of some rights.

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violation; rights

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Damages may properly be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or, as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or __ of some __.

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damnum et injuria

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damage with injury (warrants damages)

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damnum absque injuria

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damage without injury

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injury

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illegal invasion of a legal right

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damage

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loss, hurt, or harm which results from the injury

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Art. 2199

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Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.

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pleading; proof

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to recover actual damages there must be __ and __

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Oceaneering Contractors v. Baretto

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You can plead and pray for damages in the answer

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Art. 2200

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Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain.

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indemnification; comprehend; value

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Art. 2200. __ for damages shall __ not only the __ of the loss suffered, but also that of the profits which the obligee failed to obtain.

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suffered; profits; failed

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Art. 2200. Indemnification for damages shall comprehend not only the value of the loss __, but also that of the __ which the obligee __ to obtain.

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daño emergente

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2 kinds of AD or CD: 1. The loss of what a person already possesses

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lucro cesante

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2 kinds of AD or CD: 2. the failure to receive as a benefit that which would have pertained to him

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PNOC v. CA

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Proof required for AD: definitely not hearsay (price quotations when the ones who issued them do not testify cannot be proof)

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Candano v. Sugata-On

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A 1711 claim (employer liability) can recover loss of earning capacity even without crime or quasi-delict required by 2206 (1) using the Villa Rey formula.

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Art. 2201

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In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation.

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good faith; natural; probable

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Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in __ __ is liable shall be those that are the __ and __ consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation.

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foreseen; reasonably foreseen; constituted

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Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have __ or could have __ __ at the time the obligation was __. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation.

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fraud; malice; bad faith; wanton

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Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of __, __, __or __ attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation.

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Art. 2202

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In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.

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crimes; quasi-delicts; all

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Art. 2202. In __ and __, the defendant shall be liable for __ damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.

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not necessary; foreseen; reasonably

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Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. It is __ __ that such damages have been __ or could have __ been foreseen by the defendant.

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Art. 2204

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In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances.

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People v. Sarcia

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Privileged mitigating circumstance of minority has no bearing in damages for qualified rape

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Art. 2205

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Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury; (2) For injury to the plaintiff's business standing or commercial credit.

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loss; earning capacity; personal injury

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Art. 2205. Damages may be recovered: (1) For __ or impairment of __ __ in cases of temporary or permanent __ __; (2) For injury to the plaintiff's business standing or commercial credit.

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injury; business standing; commercial credit

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Art. 2205. Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury; (2) For__to the plaintiff's __ __ or __ __.

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Art. 2206

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The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death; (2) If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; (3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.

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Villa Rey formula

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Net earning capacity = 2/3 (80 - age of death) * 50% of gross annual income (equivalent to GAI - living expenses)

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Philippine Hawks v. Lee

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By way of exception, damages for loss of earning capacity may be awarded despite the absence of documentary evidence when: (1) the deceased is self-employed and earning less than the minimum wage under current labor laws, in which case, judicial notice may be taken of the fact that in the deceased's line of work no documentary evidence is available; or (2) the deceased is employed as a daily wage worker earning less than the minimum wage under current labor laws.

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self-employed; less; minimum

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Philippine Hawks v. Lee. By way of exception, damages for loss of earning capacity may be awarded despite the absence of documentary evidence when: (1) the deceased is __ and earning __ than the __ wage under current labor laws, in which case, judicial notice may be taken of the fact that in the deceased's line of work no documentary evidence is available; or (2) the deceased is employed as a daily wage worker earning less than the minimum wage under current labor laws.

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judicial notice; line; documentary

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Philippine Hawks v. Lee. By way of exception, damages for loss of earning capacity may be awarded despite the absence of documentary evidence when: (1) the deceased is self-employed and earning less than the minimum wage under current labor laws, in which case, __ __ may be taken of the fact that in the deceased's __ of work no __ evidence is available; or (2) the deceased is employed as a daily wage worker earning less than the minimum wage under current labor laws.

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daily wage; less; minimum

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Philippine Hawks v. Lee. By way of exception, damages for loss of earning capacity may be awarded despite the absence of documentary evidence when: (1) the deceased is self-employed and earning less than the minimum wage under current labor laws, in which case, judicial notice may be taken of the fact that in the deceased's line of work no documentary evidence is available; or (2) the deceased is employed as a __ __ worker earning __ than the __ wage under current labor laws.

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Pleyto v. Lomboy

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testimony of wife to husband's monthly earning capacity deemed sufficient evidence (another exception?)

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People v. Astrologo

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Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape. The case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award, separate and distinct from civil indemnity.

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75,000; 50,000

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amount of indemnity - P__ if crime would have been punished by death; P__ if reclusion perpetua

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Art. 2208

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"In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.

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exemplary damages; litigate; third persons

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Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When __ are awarded; (2) When the defendant's act or omission has compelled the plaintiff to __ with __ or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.

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malicious prosecution; clearly unfounded civil action

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Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of __ __ against the plaintiff; (4) In case of a __ __ __ __ or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.

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gross; bad faith; plainly valid

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Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in __ and evident __ __ in refusing to satisfy the plaintiff's __ __, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.

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legal support; recovery; helpers, laborers

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Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for __ __; (7) In actions for the __ of wages of household __, __ and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.

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workmen's compensation; separate civil; double judicial

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Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under __ __ and employer's liability laws; (9) In a __ __ action to recover civil liability arising from a crime; (10) When at least __ __ costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.

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just and equitable; all cases; reasonable

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Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it __ __ __ that attorney's fees and expenses of litigation should be recovered.In __ __, the attorney's fees and expenses of litigation must be __.

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Quirante v. IAC

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The claim for attorney's fees may be asserted either in the very action in which the services in question have been rendered, or in a separate action. Attorney's fees under Article 2208 is an award in favor of the litigant, not of his counsel, and the litigant, not his counsel, is the judgment creditor who may enforce the judgment for attorney's fees by execution.

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Briones v. Macabagdal

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Attorney's fees and expenses of litigation are recoverable only in the concept of actual damages, not as moral damages nor judicial costs, and must be specifically prayed for. They are not to be awarded every time a party wins a suit. The power of the court to award attorney's fees under Article 2208 demands factual, legal, and equitable justification; its basis cannot be left to speculation or conjecture. Where granted, the court must explicitly state in the body of the decision, and not only in the dispositive portion thereof, the legal reason for the award.

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Art. 2209

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If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum.

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Nacar v. Gallery Frames

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1. loan or forbearance of money- interest stipulated, 6% per annum if no stipulation, interest earns LEGAL interest from the time of JUDICIAL demand 2. not a loan or forbearance of money, interest on damages may be awarded at DISCRETION OF COURT at 6% per annum. None on unliquidated claims, hence it runs from time to claim is made judicially or extra judicially. If no certainty, interest from date of judgment (at which time damages are reasonably ascertained). 3. When judgment becomes final or executory it becomes similar to 1.

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Art. 2203

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The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question.

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Art. 2214

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In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover.

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Art. 2215

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In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury.

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Art. 2217

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Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.

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physical suffering; mental anguish; fright

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Art. 2217. Moral damages include __ __, __ __, __, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.

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serious anxiety; besmirched reputation; wounded feelings

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Art. 2217. Moral damages include physical suffering, mental anguish, fright,__ __, __ __ , __ __, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.

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moral shock; social humiliation; similar injury

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Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, __ __, __ __, and __ __. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.

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incapable; proximate result; wrongful act

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Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though __ of pecuniary computation, moral damages may be recovered if they are the __ __ of the defendant's __ __ or omission.

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Art. 2219

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Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

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Art. 2220

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Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.

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criminal offense; physical injuries; quasi-delicts; physical injuries

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Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A __ __ resulting in__ __; (2) __ causing __ __; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

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seduction; abduction; lascivious

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Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) __, __, rape, or other __ acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

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adultery; arbitrary detention; search

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Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) __ or concubinage; (5) Illegal or __ __ or arrest; (6) Illegal __; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

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Libel; malicious prosecution; 309

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Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) __, slander or any other form of defamation; (8) __ __; (9) Acts mentioned in Article __; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

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actions; parents; female

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Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and __ referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The __ of the __ seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

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spouse; ascendants; order

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Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The __, descendants, __, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the __ named.

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Carlos Arcona v. CA

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General rule: need for testimony on moral suffering, EXCEPT if violent death

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People v. Lizano

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automatic grant of moral damages in rape without need of further proof

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Industrial Insurance v. Bondad

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moral damages for unfounded civil suit allowed by court

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willful injury; moral damages; justly due

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Art. 2220. __ __ to property may be a legal ground for awarding __ __ if the court should find that, under the circumstances, such damages are __ __. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.

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breaches; fraudulently; bad faith

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Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to__ of contract where the defendant acted __ or in __ __.

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spouse; legitimate; descendants

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Art. 2206. (3) The__, __ and illegitimate __ and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.

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Sulpicio Lines v. Curso

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Brothers and sisters cannot recover because of 2206 (3)

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Crystal v. BPI

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A corporation may have a good reputation which, if besmirched may also be a ground for the award of moral damages. (but GENERALLY it cannot)

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Filipinas Broadcasting v. Ago

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Allow recovery of corporation only specifically under defamation 2219 (7)

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Art. 2221

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Nominal damages are 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.

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Art. 2222

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The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in every case where any property right has been invaded.

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Francisco v. Ferrer

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Nominal damaages "are recoverable where a legal right is technically violated and must be vindicated against an invasion that has produced no actual present loss of any kind …" NOT FOR INDEMNIFYING

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Spouses Guanio v. Makati Shangri-La

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IN THE ABSENCE of a VIOLATION of right, the court may still grant nominal damages for an "affront"

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Pedrosa v. CA

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Amount of nominal damages should be commensurate to the injury suffered

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Art. 2224

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Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.

Front 83

Pleno v. CA

Back 83

GRANTED temperate damages because no sufficient proof of actual income but there is loss of earning capacity (might be another exception to documentary evidence requirement of loss of earning capacity)

Front 84

People v. Andres

Back 84

When receipts are less than P25,000, award P25,000.

Front 85

Art. 2226

Back 85

Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof.

Front 86

Suatengco v. Reyes

Back 86

Attorney's fees on penalty = penal clause = not attorney's fees but rather liquidated damages

Front 87

Art. 2228

Back 87

When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.

Front 88

Art. 2227

Back 88

Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable.

Front 89

indemnity; penalty

Back 89

purpose of liquidated damges either as __ or __

Front 90

Titan v. Uni-Field

Back 90

It is possible to receive liquidated damages and attorney's fees even if both are in the nature of penal clauses.

Front 91

Ligutan v. CA

Back 91

Reducing penalty - number of factors, parly subjective and partly objective, applying the rule on penalty clauses

Front 92

partial; irregular; debtor

Back 92

Ligutan v. CA - stipulated penalty might be reduced when there is __ or __ performance made by the __

Front 93

substantial performance; good faith; obligor

Back 93

Ligutan v. CA - penalty might even be deleted when there is __ __ in __ __ by the __

Front 94

penalty clause; fatal infirmity; exceptional circumstances

Back 94

Ligutan v. CA - penalty might be deleted when the __ __ itself suffers from __ __, or when __ __ so exist as to warrant it

Front 95

Henry Dela Rama Co. v. Admiral United Savings Bank

Back 95

Given the other stipulations in the contract, is the aount stipulated as liquidated damages necessary as indemnity or penalty?

Front 96

Sy v. CA

Back 96

When in pari delicto, reduce the amount of liquidated damages

Front 97

Art. 2229

Back 97

Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

Front 98

Art. 2230

Back 98

In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.

Front 99

exemplary damages; aggravating circumstances; offended party

Back 99

Art. 2230. In criminal offenses, __ __ as a part of the civil liability may be imposed when the crime was committed with one or more __ __. Such damages are separate and distinct from fines and shall be paid to the __ __.

Front 100

Art. 2231

Back 100

In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.

Front 101

quasi-delicts; acted; gross negligence

Back 101

Art. 2231. In __, exemplary damages may be granted if the defendant __ with __ __.

Front 102

Art. 2232

Back 102

In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.

Front 103

wanton; fraudulent; oppressive

Back 103

Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a __, __, reckless, __, or malevolent manner.

Front 104

Art. 2233

Back 104

Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.

Front 105

Art. 2234

Back 105

Plaintiff should be entitled to MORAL, TEMPERATE, or COMPENSATORY damages first (even if he was awarded liquidated)

Front 106

Art. 2235

Back 106

Cannot RENOUNCE in ADVANCE exemplary damages

Front 107

People v. Dadulla

Back 107

Exemplary damages can be recovered even if AGGRAVATING circumstances are NOT ALLEGED in the information (which would not increase the criminal liability of accused) because civil and criminal laibiltiy are different.