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Damages: rooted in contract.

Actual Defined an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. (2199) Art. 2200. 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. (1106) Pecuniary loss actual profits + Moral Art. 2217. 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 for omission. Art. 2218. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. Exemplary Art. 2229. 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. Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Nominal, Temperate, and Liquidated - Art. 2216. No proof of pecuniary loss is necessary Nominal: Temperate/Moderate Liquidated 2221. adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, It is not for the purpose of indemnifying the plaintiff for any loss suffered by him. (not intended for indemnification but recognition of a right violated) 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 It is more than nominal but less than compensatory damages. those agreed upon by the parties to a contract, to be paid in case of breach thereof. Attorney Fees 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 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 Art. 2210. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract.


Art. 2203. 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. 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 fraud, bad faith, malice or wanton attitude, the

Art. 2216. No proof of pecuniary loss is necessary The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case. Art. 2220. Moral damages may be awarded when: 1.Willful property injury to

Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated. Art. 2216. No proof of pecuniary loss is necessary

Art. 2222. 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. Art. 2223. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.

Art. 2225. must be reasonable under the circumstances.

Art. 2227. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. Art. 2228. 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.

2. breaches of contract where the defendant acted fraudulently or in bad faith. 2206(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by

obligor shall be responsible for all damages which may be reasonably attributed to the nonperformance of the obligation. Bad faith defined: Breach of a known duty through motive of interest of ill will. Cases

reason of the death of the deceased.

Fores v Miranda: MD is awarded 1) in death 2) CC was guilty of BF or malice PAL v Miano: BF cannot be presumed but must be substantiated by clear and convincing evidence. Cathay Pacific v Vasquez: upgrade from first to business is a breach of contract of carriage but does not entitle them to moral damages.

Alitalia v IAC: The Warsaw Convention does not operate as an exclusive enumeration of the instances of an airlines liability or an absolute limit of usch. The injury suffered cant be restricted by the Convention thus she is entitled to nominal damages. 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. DAMAGES RECOVERED UPON DEATH OF PASSENGER: (1) indemnity for death of victim P50k (2) indemnity for loss of earning capacity of deceased (3) moral damages (4) exemplary damages (5) attorneys fees and expenses of litigation.

NB: Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at (P50,000), 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

(6) Interest 2-6 is subject to the determination of the court based on the evidence presented.