Anda di halaman 1dari 5

Page 1 of 5

ACTUAL/COMPENSATORY DAMAGES


Scene 1:

Girl slapped guy.

Girl: (shouting)

F You for cheating on me. F you for thinking I was stupid enough to not discover all these lies. F you for
thinking you were playing a card game with me, and you sneaked a look at my hand. You thought I was
an idiot to not know that? You went and broke our lives. You are so much worse than a liar. You killed
something. You killed my love, and you killed my trust. Now, if you want to know how this pain feels
inside, then I ask you to look up at the sky tonight. Count the stars and count the sands on the shore, and
if you cant thats how I describe the pain I feel right now.

Boy 1:

You don't have to hold onto the pain.
How do I tell you I'm sorry -
With a gesture, a look, a touch?
How is it I never realized
I hurt you so very much?

I do not ask forgiveness,
A comfort I'll never deserve.
I merely want to let you know,
But I cannot find the nerve.

To finally confront you, face-to-face,
To look you in the eye,
To face your wrath, your apathy -
Too terrified to try.

Betraying and deceiving you,
I surely had no right
To snatch away such a precious gem;
A dark thief in the night.

The time has come, it's long past due,
To put aside my fear;
Would this confession torture you,

To hear those forbidden words,
To vanquish all the pain,
To understand my dearest wish:
To know you once again.

I do know I erred irrevocably -
For that I apologize.
Page 2 of 5

Narrator:

Compensatory damages may be compared to a cheating partner who was caught by the other. In this
instance, the partner who was caught, asks for forgiveness and does his best to make it up with the
partner who was hurt. He has to make sure that the pain and the injury will be replaced, and the past
forgotten.

In relation to actual or compensatory damages, the purpose of the law in awarding actual damages is to
repair the wrong that has been done, to compensate for the injury inflicted, and not to impose a penalty.
In the case of Flores v. Uy (G.R. No. 121492, October 26, 2001) the purpose of actual or compensatory
damages is to simply make good or replace the loss caused by the wrong. They proceed from a sense of
natural justice, and are designed to repair that of which one has been deprived by the wrong of another.



Scene 2:

Girl:

Once a cheater, always a cheater. Im not ready to make nice, Im not ready to back down. Im still mad
as hell and I dont have time to go round and round and round. Sorry boy. Or should I say, gay? Ughh!
Im confused! Maybe forgiving you wasn't the right choice... And every time I tell myself three reasons
why I should trust you; you show me four reasons why I shouldnt. It just hurts so bad coz you had
me at my best. But you chose to break my heart. :(

Boy: Stammering.. But I dont want to lllllleeeaavvee yyyy
Girl: Please!! Dont lie to me, unless you're absolutely sure I'll never find out the truth.




Scene 3:

Boy 1: I left her.

Boy 2: What????!!!!

Boy 1:

I'm here, and I love you. I have always loved you, and I will always love you. I was thinking of you,
seeing your face in my mind, every second that I was away. My passion for you intensely consumes me,
what started as a delicate situation has turned into an endless fantasy. I don't know where I stand with
you, nor do I know what I mean to you. All I know is that every time I think of you beautiful face and
gorgeous body like mine, I want to be with you. When I told her I was sorry and I did not want to leave
her, I knew that it was the blackest kind of blasphemy.

Boy 2:

Its easy to say that you are deeply, madly, and crazy in love with me.

Page 3 of 5

Boy 1:

Believe me Bhe, what I say is true! Look, I even replaced my tattoo from her name to your name!

Boy 2:

But I need a better proof!! I need a clear and convincing evidence reasonable enough for me to believe
your romantic lines.


Boy 1:

Ill walk on water, Ill run through fire. If this is enough for you to prove myself then I will kill my ex-
girlfriend.

Narrator:

Sometimes, in the course of a relationship, there is a point of uncertainty or insecurity of ones love for
the other. Hence, one needs proof of how the partner loves the other that much.

Just like in actual or compensatory damages, Under article 2199 of the new civil code: one is
entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly
proved, except as provided by law or by stipulation.

Generally, what is not alleged may not be proved. However, as an exception, as ruled in the case
of Heirs of Basilisa Justiva v. Gustilo, 7 SCRA 72 (1963): if in the complaint, what is prayed for are
only moral damages, exemplary damages and attorneys fees without any specific mention of actual or
compensatory damages, the latter are deemed included if there is a general prayer for such further
relief as may be just and equitable under the premises, if and when they are proved. Moreover, In the
case of Ong v. CA (301 SCRA 387): the damages awarded by the court must be based on the evidence
adduced and not on the personal knowledge of the court.

Next Narrator (Ex-gf):

Actual or compensatory damages under the prevailing law may be classified into two:

1. One, is the loss of what a person already possesses also called damnum emergens;

2. And the other is the failure to receive as a benefit that would have pertained to him or lucrum
cessans.

In damnum emergens (or actual damage), the value of the actual pecuniary loss for what the
claimant already possesses before the incident--is considered (which is shown by receipts or other
documents).

In Lucrum cessans (or compensatory damages) the expected profits which were not realized by
reason of the act of the offender or tortfeasor is considered (as shown by market value or established
experience or direct inference from known circumstances).

Page 4 of 5

These damages may be awarded for pecuniary loss in business, property, profession and occupation,
and for injury business goodwill. This is provided in Article 2200 of the New Civil Code.




Scene 4 (Speaker is the ex-gf. Once the speaker is done explaining, Boy1 will point a gun and shoot the
ex-gf.)




Scene 5 (Mother of the ex-gf now goes to a lawyer to ask for an advice regarding the actual damages she
can recover by reason of the killing)

Mother:

Atty. Please help me. My daughter was killed by her ex-boyfriend and I would like to understand the
concept of actual or compensatory damages in relation to my situation.

Lawyer:

The civil code expressly provides for the rule regarding the limit of liability in cases involving crimes
and quasi-delicts particularly in Article 2202. If the plaintiff is asking for his own injury or for the death
of his relative, said plaintiff is entitled to the amount of medical expenses as well as other reasonable
expenses that he incurred to treat his or his relatives injuries. Courts may also award monthly payments
to the person who was injured to answer for his future medical expenses. Thus, in Ramos v. Court of
Appeals (G. R. No. 124354, Dec. 29, 1999) the Court sustained the award of monthly compensation of
P8,000 to answer for the medical expenses that will be incurred by a comatose victim of the negligent
act of the defendants.

In proper cases, the award of damages may likewise include the amount spent for the plastic surgery of
the plaintiff or any procedure to restore the part of the body that was affected (Gatchalian v. Delim 203
SCRA 126; as well as in the case of Spouses Renato Ong v. CA, G.r. No. 117103, Jan. 21, 1999)

In case of death, which is in relation to your case, Mrs. _______,

Mother:

By the way, my husband is already dead. You can call me Ms. _____

Atty:

Oh sorry for that Ms. ______. Anyway, in relation to your case, you, as the plaintiff, are entitled to the
amount that you spent during the wake and funeral of the deceased. However, it has been ruled that
expenses after the burial are not compensable. The heirs are not entitled to the 9
th
day, 40
th
day and death
anniversaries. (Victory Liner, Inc. v. Heirs of Malecdan G.r. No. 154278, Dec. 27, 2002; and People
v. Mangahas, 311 SCRA 384).

Page 5 of 5

The law also requires payment of the amount of P3, 000 to the heirs of the deceased. As an addition to
any damage that may have resulted because the act or omission of the defendant including medical
expenses and loss of earning capacity. It should be noted, however that the Supreme Court had
repeatedly increased the amount of indemnity or fixed damages from P3,000 pesos to P50,000.
(Gregorio Pestano et al. v. Spouses Paz, 346 SCRA 870)

Mother:

Atty., what is the computation for the loss of earning capacity by the way?

Lawyer:

The formula for the computation of the awarded damages for loss of earning capacity was laid down in
the landmark case of Villa Rey Transit v. CA (31 SCRA 511); and reiterated in some other cases. The
Supreme Court observed in the said case that the considerable factors of lost earnings are: (1) the
number of years for which the victim would otherwise have lived (life expectancy); and (2) the rate of
loss sustained by the heirs of the deceased (net income). Simply put:

Net earning capacity = (Life Expectancy x Gross Annual Income) less Necessary Living Expenses

Mother:

I see. Im just curious, what about the damage to property caused by the defendant, if there is any?

Lawyer:

Mmmm. Where goods were destroyed by the wrongful act of the defendant, the plaintiff is entitled to
their value at the time of the destruction. Normally, the award is the sum of money which plaintiff would
have to pay in the market for identical or essentially similar good, plus in proper cases, damages for the
loss of use during the period before replacement. With respect to real property, the measure of damage
for a permanent injury is ordinarily the difference between the reasonable market value of the property
immediately before and after the injury. In case of total loss, the value of the real property at the time
and place of the loss must also be assessed and such assessed value is the measure of the damage due to
the plaintiff.

Mother: Nodding.

Lawyer: I hope everything is clear to you Ms. ______. If you have further questions, please feel free to ask me
anything you want.

Mother: Yes, Atty. Thank you very much for your precise and eloquent explanations. I appreciate it very much.
Uhhhmmm I just have one last question if you dont mind.

Lawyer: Sure, I wont mind. What is it?

Mother: Are you married? (Laughs)

Lawyer: (Laughs out loud) Thank you for asking Ms. ____. Im not yet married and I am actually curious if
you want to have some coffee or tea at the caf. Shall we? :D

Anda mungkin juga menyukai