Actual or compensatory Moral Damages Exemplary Damages Nominal Temperate/Moderate Liquidated

Art 2217 Damages Damages

Pecuniary loss Physical suffering, Example or correction Vindication In between nominal Agreed upon
mental anguish, fright, and and actual by the parties
sserious anxiety, recognition Recognition of loss (cash/money)
besmirched of the but cannot prove
reputation, wounded right: peculiarly (no exact
feelings, moral shock, Violated amount)
social humiliation and and
similar injury invaded
PROVED evidences Not compensatory In addition to:
Moral
Temperate
Liquidated
Or Compensatory
(if one is missing
exemplary damages
cannot be claimed)
Loss of profit Not proved money/
evidences
LOSS of earning capacity
Net earning = life
expectancy x (gross
annual income –
necessary expense)

*life expectancy formula

(2/3 x age of death)
Attorney’s fees
Given to the litigant of
the case, however the
stipulation between the
lawyer and the litigant is
already an internal
arrangement
Interest
 6%

Prior to July 2013

1. Breach of
Obligation- sum
of money, loans,
forbearance of
money
a. If interest
is
stipulate
d in
writing
(stipulati
on)
b. If none-
12% per
annum
from
DEFAULT
(extra/ju
dicial
demand)
- Breached
Obligations-
 NOT sum of
money
2. Award of
Damages – 6%
a. if demanded amount is
with reasonable
certainty- time of
extra/judicial amount
b. if demand is not within
reasonable certainty-
time of the judgement (if
there is an unsure
amount to be demanded
because there is a
counter claim from the
defendant)

3. When the 1. Culpa 1. Contracts and

judgement of contractual Quasi Contracts
court final and Bad faith, wanton (WFOM)
executory until disregard, gross WANTON, FRAUDULENT,
full payment is negligence of OPPRESSIVE,MALEVOLENT
made – 12% contractual obligation MANNER
2. Culpa 2. QUASI DELICS
After—(July 1 2013) Acquilana With GROSS NEGLIGENCE
The interest is 6% Acts/omission that to approximate malice
causes physical injury 3. Crimes
WHEN TO 3. Culpa Criminal With aggravating
ISSUE/AWARD: Physical injury and circumstances
1. Contracts & those listed under Art
Quasi-Contracts 2219
Good faith- natural and
probable consequence
Bad faith, fraud, malice,
wanton attitude- All
damages reasonably
attributed

2. Crimes & Quasi

Delicts
Natural and probable
consequences