DAMAGES
Torts and Damages
CONCEPT
Plaintiff alleges that he has suffered
injury or loss on account of the
wrongful or negligent act or
omission of the defendant.
Plaintiff files case in court to make it
known thatbhe suffered injury or
loss.
If he proves his case, damages are
awarded to him to compensate him
for said injury or loss.
2 Things:
Injury or loss
Damages to compensate for
such injury or loss.
*It is the sound discretion of the
court that will decide what is mutually
fair.
PURPOSE
Damages are awarded to:
Compensate plaintiff for the loss
or injury that he suffered
Not to enrich him
To impose a penalty on the wrong
doer.
CAUSAL CONNECTION of the
wrong done and the injury
sustained which caused damages
different from damnum absque
injuria.
DAMAGE v. INJURY
DAMAGE
Amount of money awarded by the court
to compensate for the loss or injury
suffered
NOTE: There can be damage without
injury - damnum absque injuria
1
Cases:
FAROLAN v. SOLMAC - What
damage may have been caused
an importer as a result of an
erronepus interpretation by the
Commissioner of Customs, if any
at all, is in the nature of damnum
absque injuria. Mistakes
committed by public officers are
not actionable absent clear
showing that they were motivated
by malice or gross negligence
amounting to bad faith. Afterall,
even under the law of public
officers, the acts of petitioners are
protected by the presumption of
GF.
- But even if petitioners
committed a mistake in withholding
the release of the importation because
it was composed of film scrap,
nonetheless, it is the duty of the Court
to see to it that public officers are not
hampered in the performance of their
duties or in making decisions for fear
of personal liability for damages due
to honest mistake. Whatever
damages they may have caused as a
result of such an erroneous
interpretation, if any at all, is in the
nature of damnum absque injuria.
KINDS OF DAMAGES
CODE: MANTLE + Others under
Special Laws
M-oral damages (Art. 2217)
A-ctual or compensatory damages
(Art. 2199)
N-ominal damages (Art. 2221)
T-emperate or moderate damages
(Art. 2224)
L-iquidated damages (Art. 2226)
E-xemplary or corrective damages
 DAMAGES
Torts and Damages
(Art. 2229)
+ Others under Special Law
MORAL DAMAGES
ART. 2217: Moral damages include
physical suffering, mental anguish,
firght, serious anxiety, besmurched
reputaion,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 defendants wrongful act
or omissiob.
ART. 2218: Sentimental value of
property, real or personal, may be
considered.
ART. 2219: Moral damages may be
recovered in the ff. analogous cases:
1. 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 form of
defamation
8. Malicious prosecution
9. Acts mentioned in Art. 309
10. Acts and actions referred to i Arts.
21, 26, 27-30, 32, and 34-35.
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,
2
ascendants, and brothers and sisters
may bring the action menioned in No.
9 of this article in the order named.
ART. 2220: Willful injury to property
may be a legal ground for awarding
moral damages of the court should
find that, under the circumstances,
such damqges are justly due. The
same rule applies to breaches of
contract where the defendant acted
fraudulently or in bad faith.
REQUISITES TO RECOVER
DAMAGES
1. Plaintiff must prove, by his clear
testimony, that he suffered PAFSAB-
MWSS.
2. Said PAFSAB-MWSS must be the
proximate result of the wrongful
actor omission.
NOTE:
A. What controls is the dignity of
man and his human value
Social and financial standing was
considered
Those affecting moral feelings and
personal pride of person seeking
recovery considered
No indemnity if court has no proof
or evidence which the claim for
damages must be based
B. Moral damages based on courts
discretion. But must not be based on
the whims and caprices of the judge.
Case: Moral damages, though
incapavle of pecuniary estimation, are
in the category of an award designed
to compensate the claimant for actual
injury suffered and not to impose
 DAMAGES
Torts and Damages
penalty on the wrongdoer.

ACTUAL OR COMPENSATORY
DAMAGES

DEFN: They are those which can be

recovered because of losses suffered
or of profits which were not realized.

REQUISITES IN ORDER TO
RECOVER ACTUAL DAMAGES:

1. A complaint is filed with actual

damages pleaded therein.
2. GEN. RULE: Actual damages must
be pleaded

EXC: Art. 2216: No proof of pecuniary

loss is necessary in order that moral,
nominal, temperate, liquidated or
exemplary damages may be
adjudicated. The assessment of suc
damages, except liquidated ones, is
left to the discretion of the court acrd