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1. Damages in Philippine law can be actual or compensatory damages to cover pecuniary losses, as well as moral damages to compensate for mental anguish.
2. Moral damages may be awarded for a variety of acts that result in physical, mental, or emotional suffering according to the Civil Code, including crimes, quasi-delicts, illegal arrests, and violations of constitutional rights.
3. The document provides an overview of the types of damages available under Philippine law and the circumstances in which each type may be applied.
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1. Damages in Philippine law can be actual or compensatory damages to cover pecuniary losses, as well as moral damages to compensate for mental anguish.
2. Moral damages may be awarded for a variety of acts that result in physical, mental, or emotional suffering according to the Civil Code, including crimes, quasi-delicts, illegal arrests, and violations of constitutional rights.
3. The document provides an overview of the types of damages available under Philippine law and the circumstances in which each type may be applied.
1. Damages in Philippine law can be actual or compensatory damages to cover pecuniary losses, as well as moral damages to compensate for mental anguish.
2. Moral damages may be awarded for a variety of acts that result in physical, mental, or emotional suffering according to the Civil Code, including crimes, quasi-delicts, illegal arrests, and violations of constitutional rights.
3. The document provides an overview of the types of damages available under Philippine law and the circumstances in which each type may be applied.
The Concept of Damages 2195 The provisions of this Title shall be respectively applicable to all obligations mentioned in 1157, 2196 The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Compensation of workmen and other employees in case of death, injury, or illness is regulated by special laws. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. 2198 The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this code. 2197 Damages may be MANTLE
Actual or compensatory Definition/Purpose 2199 Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages. Proof required Pleading and proof of actual damage
Loss covered In general 2200 Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the oblige failed to obtain In contracts and quasi-contracts 2201 In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonable foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non- performance of the obligation. In crimes and QDs 2202 In crimes and QDs, the defendants shall be liable for all damages which are the NATURAL and PROBABLE consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by defendant. 2204 In crimes, damages to be adjudicated ,ay be respectively increased or lessened according to AC/MC. LEC, business standing 2205 Damages may be recovered (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury (2) For injury to the plaintiffs business standing or commercial credit.
Death by crime or QD 2206 The amount of damages for death caused by a crime of QD shall be at least P3,000 even though there may have been MC. In addition: (1) Defendant shall be liable for LEC, and the indemnity shall be paid to the heirs of the latter; such indemnity shall be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death (2) If deceased was obliged to give support according to provision of 291, recipient who is not an heir called to decendants inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; (3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. Attorneys Fees 2208 In the absence of stipulation, AFs and LitEX, other than judicial costs, cannot be recovered, except: (1) When ED are awarded 2 TORTS and DAMAGES Provisions Reviewer
(2) Compelled to litigate with third persons (BF) (3) In criminal cases of malicious prosecution against plaintiff (4) Clearly unfounded civil action or proceeding (5) Gross evident BD in refusing to satisfy plaintiffs plainly valid, just, and demandable claim (6) Actions for legal support (7) Recovery of wages of household helpers, labourers, and skilled workers (8) Actions for indemnity under workmens compensation and employers liability laws (9) Separate civil action to recover civil liability arising from crime (10) Double judicial costs are awarded (11) Any other case where court deems it just and equitable attorneys fees and expenses of litigation should be recovered Interest 2209 If obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is 6% per annum. 2210 Interest may, in the discretion f the court, be allowed upon damages awarded for breach of contract 2211 In crimes and QDs, interest as part of the damages may, in a proper case, be adjudicated in the discretion of the court. 2212 Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. 2213 Interest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonable certainty.
Duty to minimize 2203 Party suffering loss or injury must exercise the diligence of a GG to minimize the damages resulting from the act or omission in question.
Mitigation of Damages 2214 In QDs, the contrib negligence of the plaintiff shall reduce damages that he may recover 2215 In contracts, quasi-contracts, and QDs, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following circumstances (1) Contravention of terms of the contract (2) Plaintiff derived some benefit as a result of contract (3) Cases where ED are awarded, defendant acted upon advice of counsel (4) Loss would have resulted in any event (5) Defendant has done his best to lessen plaintiffs loss or injury since the filing of the action MORAL DAMAGES Moral suffering is proximate result 2217 Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, 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 omission. Within specific cases 2219 MD may be recovered in the ff: (1) Crim offense resulting in physical injuries (2) QDs 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 other form of defamation (8) Malicious prosecution (9) Acts mentioned in 309 (10) Acts and actions referred to in 21, 26, 27, 28, 29, 30, 32, 34, and 35 2220 Willful injury to property may be a legal ground for awarding MD if court should find that, under the circumstances, such damages are justly due. Same rule applies to breaches of contract where defendant acted fraudulently or in bad faith. Acts mentioned in 309 3 TORTS and DAMAGES Provisions Reviewer
309 Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material, and moral.
21 Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage. 26 Ever person shall respect the dignity, personality, privacy and peace of mind of his neighbours and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into privacy of anothers residence (2) Meddling with or disturbing the private life or family relations of another (3) Intriguing to cause another to be alienated from his friends (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal conditions 27 Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. 28 Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damage. 32 Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the ff rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion (2) Freedom of speech (3) Freedom to write for the press or to maintain periodical publication (4) Freedom from arbitrary or illegal detention (5) Freedom of suffrage (6) Right against deprivation of property without due process of law (7) Right to a just compensation when private property is taken for public use (8) Right to equal protection of the laws (9) Right to be secured in ones person, house, papers, and effects against unreasonable searches and seizures (10) Liberty of abode and of changing the same (11) Privacy of communication and correspondence (12) The right to become a member of associations or societies for purposes not contrary to law (13) Right to take part in a peaceable assembly to petition to the Government for redress of grievances (14) Right to be free from involuntary servitude in any form (15) Right of accused against excessive bail (16) Right of accused to be heard by himself and counsel, to be informed of the nature and cause of accusation against him, to have a speedy and public trial, to meet witnesses face to face, and to have compulsory process to secure attendance of witness in his behalf (17) Freedom from being compelled to be a witness against ones self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession except when the person confessing becomes a State witnesses (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional (19) Freedom of access to the courts