DAMAGES

Kinds of Damages: (MENTAL)

MORAL
EXEMPLARY
NOMINAL
TEMPERATE
ACTUAL
LIQUIDATED

1. ACTUAL/COMPENSATORY
- adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:
a. provided by law
b. by stipulation

WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:

1.) Plead or allege the loss
GENERAL DAMAGE - natural, necessary and logical consequences of a particular wrongful act which
result in injury; need not be specifically pleaded because the law itself implies or presumes that they
resulted from the wrongful act
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be pleaded
2.) Pray for the relief that claim for loss be granted
3.) Prove the loss

WHEN LOSS NEED NOT BE PROVED:

1.) Liquidated damages previously agreed upon; liquidated damages take the place of actual damages
except when additional damages incurred
2.) If damages other than actual are sought
3.) Loss is presumed (ex: loss if a child or spouse)
4.) Forfeiture of bonds in favor of the government for the purpose of promoting public interest or
policy (ex: bond for temporary stay of alien)

CONTRACTS & QUASI CONTRACTS

1. Damages in case of Good faith -
a. Natural and probable consequence of breach of obligation, and
b. Parties have forseen or could have reasonably forseen at time obligation was constituted
2. Damages in case of bad faith
a. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation

CRIMES & QUASI-CRIMES

� defendant is liable for all damages that are natural and probable consequence of the act/omission
complained of
� not necessary that damages have been forseen or could have been reasonably forseen

a) VALUE OF LOSS SUFFERED - Destruction of things, fines or penalties,

medical & hospital bills, attorney's fees, interests, cost of litigation
Damages recoverable:
1. Medical & Hospital Bills
2. Loss or impairment of earning capacity (in case of physical disability)
3. Damages for death
a) Minimum amount: P50,000
b) Loss of earning capacity unless deceased had permanent physical disability not caused by
defendant so that deceased had no earning capacity at time of death
c) Support, if deceased was obliged to give support (for period not more than 5 years)
d) Moral damages

4. Attorney's fees
- as a general rule, attorney's fees (other than judicial costs) are not recoverable, except:
a) stipulation between parties
b) when exemplary damages are awarded
c) when defendant's act/omission compelled plaintiff to litigate with 3rd persons or incur expenses to
protect his interest
d) malicious prosecution
e) clearly unfounded civil action or proceeding against plaintiff
f) defendant acted in gross & evident bad faith in refusing to satisfy plaintiff's just & demandable claim
g) legal support actions
h) recovery of wages of household helpers, laborers & skilled workers
i) actions for indemnity under workmen's compensation and employer liability laws
j) separate civil action to recover civil liability arising from crime
k) when double judicial costs are awarded
5. Judicial costs
6. interest
- discretionary on part of the court

b) UNREALIZED PROFITS - future earnings

WHEN IS DAMAGES MITIGATED:

1. Contributory negligence
2. In contracts. Quasi-contracts and quasi-delict -
a. plaintiff has contravened the terms of contract
b. plaintiff derived some benefit as result of contract
c. in case where exemplary damages are to be awarded, that the defendant acted upon the advise of
counsel
d. that the loss would have resulted in any event
e. that since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or
injury