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Torts and Damages

Plaintiff alleges that he has suffered
injury or loss on account of the
damage may have been caused
wrongful or negligent act or an importer as a result of an
omission of the defendant. erronepus interpretation by the
Plaintiff files case in court to make it Commissioner of Customs, if any
known thatbhe suffered injury or at all, is in the nature of damnum
loss. absque injuria. Mistakes
If he proves his case, damages are committed by public officers are
awarded to him to compensate him not actionable absent clear
for said injury or loss.
showing that they were motivated
2 Things:
by malice or gross negligence
Injury or loss amounting to bad faith. Afterall,
Damages to compensate for even under the law of public
such injury or loss. officers, the acts of petitioners are
*It is the sound discretion of the protected by the presumption of
court that will decide what is mutually GF.
fair. - But even if petitioners
committed a mistake in withholding
PURPOSE the release of the importation because
it was composed of film scrap,
Damages are awarded to: nonetheless, it is the duty of the Court
to see to it that public officers are not
Compensate plaintiff for the loss hampered in the performance of their
or injury that he suffered duties or in making decisions for fear
Not to enrich him of personal liability for damages due
To impose a penalty on the wrong to honest mistake. Whatever
doer. damages they may have caused as a
CAUSAL CONNECTION of the result of such an erroneous
wrong done and the injury interpretation, if any at all, is in the
sustained which caused damages nature of damnum absque injuria.
different from damnum absque


Special Laws
M-oral damages (Art. 2217)
Amount of money awarded by the court A-ctual or compensatory damages
to compensate for the loss or injury (Art. 2199)
suffered N-ominal damages (Art. 2221)
T-emperate or moderate damages
NOTE: There can be damage without (Art. 2224)
injury - damnum absque injuria L-iquidated damages (Art. 2226)
E-xemplary or corrective damages

Torts and Damages
(Art. 2229) ascendants, and brothers and sisters
+ Others under Special Law may bring the action menioned in No.
9 of this article in the order named.
ART. 2220: Willful injury to property
ART. 2217: Moral damages include may be a legal ground for awarding
physical suffering, mental anguish, moral damages of the court should
firght, serious anxiety, besmurched find that, under the circumstances,
reputaion,wounded feelings, moral such damqges are justly due. The
shock, social humiliation, and similar same rule applies to breaches of
injury. Though incapable of pecuniary contract where the defendant acted
computation, moral damages may be fraudulently or in bad faith.
recovered if they are the proximate
result of the defendants wrongful act REQUISITES TO RECOVER
or omissiob. DAMAGES

ART. 2218: Sentimental value of 1. Plaintiff must prove, by his clear

property, real or personal, may be testimony, that he suffered PAFSAB-
considered. MWSS.

ART. 2219: Moral damages may be 2. Said PAFSAB-MWSS must be the

recovered in the ff. analogous cases: proximate result of the wrongful
actor omission.
1. Criminal offense resulting in
physical injuries NOTE:
2. Quasi-delicts causing physical
injuries A. What controls is the dignity of
3. Seduction, abduction, rape, or other man and his human value
lascivious acts Social and financial standing was
4. Adultery or concubinage considered
5. Illegal or arbitrary detention or Those affecting moral feelings and
arrest personal pride of person seeking
6. Illegal search recovery considered
7. Libel, slander or any form of No indemnity if court has no proof
defamation or evidence which the claim for
8. Malicious prosecution damages must be based
9. Acts mentioned in Art. 309
10. Acts and actions referred to i Arts. B. Moral damages based on courts
21, 26, 27-30, 32, and 34-35. discretion. But must not be based on
the whims and caprices of the judge.
The parents of the female seduced,
abducted,raped, or abused, referred to Case: Moral damages, though
in No. 3 of this article, may also incapavle of pecuniary estimation, are
recover moral damages. in the category of an award designed
to compensate the claimant for actual
The spouse, descendants, injury suffered and not to impose

Torts and Damages
penalty on the wrongdoer.


DEFN: They are those which can be

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


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