S.A.

PANDITA [NOTES ON TORTS AND DAMAGES]

Damages
Damages is the sum of money which the
law awards or imposes as pecuniary
compensation, recompense or satisfaction
for an injury done.
Damages
The
recompense
or
compensation
awarded for
the damage
suffered

Damage
The loss, hurt
or
harm
which results
from
the
injury

Injury
Illegal invasion
of legal right

Note: There can be damage without injury in

those instances in which the loss or harm
was not the result of a violation of a legal
duty.
Damnum
absque
injuria
the
consequences must be borne by the injured
person alone, the law affords no remedy for
damages resulting from an act which does
not amount to a legal injury or wrong. In
other words, if damage results from a person
exercising his legal right.
In order that a plaintiff may maintain an
action for the injuries of which he complains,
he must establish that such injuries resulted
from a breach of duty which the defendant
owed the plaintiff a concurrence of injury
to the plaintiff and legal responsibility by the
person causing it.
Note: There must first be a breach of some
duty and the imposition of liability for that
breach before damages may be awarded;
and the breach of such duty should be the
proximate cause of the injury.
Note: The fundamental principle or theory
on which an award of damages is based is
JUST COMPENSATION.
General Damages
Naturally
and
necessarily
result
from the wrong.

Special Damages
Proximately
resulted
but do not always
immediately result from
the breach and will not

Accrue to any person

similarly situated.

Need not be specially

pleaded and may
embraced
in
the
general
plea
for
such other relief as
may be deemed just
and equitable under
the premises.
Damages may be:

therefore be implied by
law.
Accrue to the particular
individual by reason of
the
particular
circumstances of the
case
Must be specifically
prayed for. It should be
set
out
on
the
pleadings.

1. Actual or Compensatory;
2. Moral;
3. Nominal;
4. Temperate or Moderate;
5. Liquidated; or
6. Exemplary or Corrective.
ACTUAL DAMAGES those recoverable
because of pecuniary loss in business,
trade,
property,
profession,
job
or
occupation. They pertain to such injuries or
losses that are actually sustained and
susceptible of measurement.
Note:
Except as provided by law or
stipulation, one is entitled to an adequate
compensation only for such pecuniary loss
suffered by him as he has duly proved.
What are the requirements for grant of
actual damages?
It is necessary to prove with reasonable
degree
of
certainty,
premised
upon
competent proof and on the best evidence
obtainable by the injured party, the actual
amount of loss. Courts cannot simply assume
that damages were sustained by the injured
party, nor can it rely on speculation or
guesswork in determining the fact and
amount of damages.
Who has the burden of proof?

S.A. PANDITA [NOTES ON TORTS AND DAMAGES]

The burden of proof of the damages suffered
is on the party claiming the same. He must
establish his case by a PREPONDERANCE OF
EVIDENCE.
Note: Actual damages is not proved by a
mere testimony of a witness. To prove actual
damages, the best evidence available to the
injured party must be presented. The court
cannot rely on uncorroborated testimony
whose truth is suspect, but must depend
upon competent proof that damages have
been actually suffered.
Only expenses supported by RECEIPTS and
which appear to have been actually
expended in connection with the death of the
victim should be allowed.
What are the components of actual
damages?
The indemnification shall comprehend not
only the value of the loss suffered, but also
that of the profits that the obligee failed to
obtain.
Two kinds of actual or compensatory
damages:
1. One is loss of what a person already
possesses; and
2. The other is the failure to receive as a
benefit that which would have pertained to
him.
In contracts and quasi contracts, the
damages which may be awarded are
dependent on whether the obligor acted with
good faith or otherwise.
In case of good faith, the damages
recoverable are those which 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 of the constitution of the
obligation.
If the obligor acted with fraud, bad faith,
malice, or wanton attitude, he shall be
responsible for all damages which may be

reasonably
attributed
to
performance of the obligation.

the

non-

In torts or quasi-delicts, actual damages

include all the natural and probable
consequences of the act or omission
complained of, whether or not such damages
have been foreseen or could have reasonably
been foreseen by the defendant.
EGGSHELL SKULL RULE (OR THIN SKULL
RULE)
Makes an individual responsible for all the
consequences of his act, whether foreseen or
unforeseen.
Under the RPC, civil liability refers to the
restitution, reparation and indemnification,
all correspond to actual or compensatory
damages in the Civil Code.
Note: Damages may be recovered for loss or
impairment of earning capacity in cases of
temporary or permanent personal injury. In
other words, only net earnings, not gross
earnings, are to be considered, that is, the
total of the earnings less expenses necessary
in the creation of such earning or income and
minus living and other incidental expenses.
What are the important variables taken
into
account
in
determining
the
compensable amount of lost earnings?
1. Number of years which the victim would
have lived; and
2. The rate of loss sustained by the heirs of
the deceased.
What is the formula in computing life
expectancy?
(2/3 x [80 - age at death] x [gross annual
income reasonable and necessary living
expenses])
In the absence of proof of living expenses of
the deceased, net earnings are computed at
50% of the gross earnings.
Note: Indemnification for loss of earning
capacity partakes of the nature of actual
damages which must be the duly proven;

S.A. PANDITA [NOTES ON TORTS AND DAMAGES]

and
a
self-serving
statement,
being
unreliable, is not enough. EXCEPT if the
victim was either:
1. Self-employed, earning less than the
minimum wage under current labor laws, and
judicial notice may be taken of the fact that
in the victims line of work, no documentary
evidence is available; or
2. Employed as a daily-wage worker earning
less than the minimum wage under current
labor laws.
Note: Temperate damages may be awarded
in lieu of actual damages for loss of earning
capacity where the income of the victim was
not sufficiently proven.

Where the demand is established with

reasonable certainty, the interest shall begin
to run from the time the claim is made
judicially or extrajudicially.
3. When the judgment of the court awarding
the sum of money becomes final and
executory, the rate of legal interest shall be
12% per annum from such finality until its
satisfaction.
Doctrine of Avoidable Consequences
A party cannot recover damages flowing
from consequences which the party could
reasonably have avoided.
Attorneys Fees

Interests, award of interest in the concept

of actual and compensatory damages actual
damages.

In the absence of stipulation, attorneys fees

and expenses of litigation, other than judicial
cost, cannot be recovered, EXCEPT:

The rate of interest, as well as the accrual

thereof is imposed as follows:

1. When
awarded;

1. When the obligation is breached and it

consist of payment of sum of money, i.e., a
loan or forbearance of money:

2. When the defendants act or omission has

compelled the plaintiff to litigate with third
persons or to incur expenses to protect his
interest;

a. The interest due should be that which may

have been stipulated in writing; furthermore,
the interest due shall itself earn legal interest
from the time it is judicially demanded.

3. In criminal cases of malicious prosecution

against the plaintiff;

b. In the absence of stipulation, the rate of

interest shall be 12% per annum to be
computed from default, i.e., from judicial or
extra-judicial demand under and subject to
the provisions of Article 1169 of the Civil
Code.

5. Where the defendant acted in gross and

evident bad faith in refusing to satisfy the
plaintiffs plainly valid, just and demandable
claim;

the

exemplary

damages

are

4. In cases of a clearly unfounded civil action

or proceeding against the plaintiff;

6. In actions for legal support;

2. When the obligation, not constituting a

loan or forbearance or money, is breached:

7. In actions for the recovery of wages of

household helpers, laborers and skilled
workers;

An interest on the amount of damages to be

awarded may be imposed at the discretion of
the court at the rate of 6% per annum.

8. In actions for indemnity under workmens

compensation and employers liability laws;

No interest shall be adjudged on unliquidated

claims or damages, except when or until
demand can be established with reasonable
certainty.

10. When atleast double judicial costs are

awarded; and

9. In a separate civil action to recover civil

liability arising from a crime;

S.A. PANDITA [NOTES ON TORTS AND DAMAGES]

11. In any other case where the court deems
it just and equitable that attorneys fees and
expenses of litigation should be recovered.
Note: Attorneys fees cannot be recovered
as part of damages because of the policy
that no premium should be placed on the
right to litigate.
What
are
certain
standards
recovering attorneys fees?

in

1. They must be reasonable;

2. The extent of the services rendered; and
3. The professional standing of the lawyer.
Note: in all cases, they must be addressed
in a full-blown trial and not on the bare word
of the parties. And always, they are subject
to the moderating hand of the court.
Note: The matter of attorneys fees cannot
be mentioned only in the dispositive portion
of the decision. The same goes for the award
of litigation by the trial court. They must be
clearly explained and justified by the trial
court in the BODY of its decision for the
general rule is that attorneys fees and
expenses of litigation cannot be recovered in
the absence of stipulation. (to justify the
award of attorneys fees, there must be
malice and tort to be proved)
MORAL DAMAGES includes physical
suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation and
similar injury.
Note: These damages must be understood
to be in the concept of grants, not punitive or
corrective
in
nature,
calculated
to
compensate the claimant for the injury
suffered.

2. A culpable act or omission factually

established;
3. Proof that the wrongful act or omission of
the defendant is the proximate cause of the
damages sustained by the claimant; and
4. That the case is predicated on any of the
instances expressed or envisioned by Art.
2219 and Art. 2220 of the Civil Code.
In fine, moral damages cannot be awarded
in the absence of a wrongful act or omission
or fraud or bad faith.
Note: In order that moral damages may be
awarded, there must be pleading and proof
of moral suffering, mental anguish, fright and
the like.
Exception: Moral damages may be awarded
without the need for pleading or proof in
cases of: Rape, murder or homicide.
Note: While proof is necessary, proof of
actual loss in not.
In adjudication of moral damages, the
sentimental value of the property, real or
personal, may be considered.
What are the instances where moral
damages may be recovered?
1. A criminal offense resulting in physical
injuries;
2. Quasi-delicts causing physical injuries;
3. Seduction, abduction,
lascivious acts;

rape

or

other

4. Adultery or concubinage;
5. Illegal or arbitrary detention or arrest;
6. Illegal search;
7. Libel, slander or any other form of
defamation;

What are the requirements for an award

for moral damages?

8. Malicious prosecution;

1. Evidence of besmirched reputation or

physical, mental or psychological suffering
sustained by the claimant;

10. Acts and actions referred to in Articles

21, 26, 27, 28, 29, 30, 32, 34 and 35.

9. Acts mentioned in Art. 309; and

S.A. PANDITA [NOTES ON TORTS AND DAMAGES]