DAMAGES

Torts and Damages

CONCEPT

Plaintiff alleges that he has suffered injury or loss on account of the wrongful or negligent act
or omission of the defendant.
Plaintiff files case in court to make it known thatbhe suffered injury or loss.
If he proves his case, damages are awarded to him to compensate him for said injury or loss.
2 Things:
Injury or loss
Damages to compensate for such injury or loss.
*It is the sound discretion of the court that will decide what is mutually fair.

PURPOSE

Damages are awarded to:

Compensate plaintiff for the loss or injury that he suffered

Not to enrich him
To impose a penalty on the wrong doer.
CAUSAL CONNECTION of the wrong done and the injury sustained which caused damages
different from damnum absque injuria.

DAMAGE v. INJURY

DAMAGE INJURY

Amount of money awarded by the court to Refers to the legal wrong to be redressed
compensate for the loss or injury suffered

NOTE: There can be damage without injury - damnum absque injuria

Cases:

FAROLAN v. SOLMAC - What damage may have been caused an importer as a result of an
erroneous interpretation by the Commissioner of Customs, if any at all, is in the nature of
damnum absque injuria. Mistakes committed by public officers are not actionable absent
clear showing that they were motivated by malice or gross negligence amounting to bad faith.
Afterall, even under the law of public officers, the acts of petitioners are protected by the
presumption of GF.
- But even if petitioners committed a mistake in withholding the release of the importation
because it was composed of film scrap, nonetheless, it is the duty of the Court to see to it that
public officers are not hampered in the performance of their duties or in making decisions for fear
of personal liability for damages due to honest mistake. Whatever damages they may have
caused as a result of such an erroneous interpretation, if any at all, is in the nature of damnum
absque injuria.

KINDS OF DAMAGES

CODE: MANTLE + Others under Special Laws

M-oral damages (Art. 2217)

A-ctual or compensatory damages (Art. 2199)

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N-ominal damages (Art. 2221)
T-emperate or moderate damages (Art. 2224)
L-iquidated damages (Art. 2226)
E-xemplary or corrective damages (Art. 2229)
+ Others under Special Law

MORAL DAMAGES

ART. 2217: Moral damages include physical suffering, mental anguish, firght, serious anxiety,
besmurched reputaion,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 omissiob.

ART. 2218: Sentimental value of property, real or personal, may be considered.

ART. 2219: Moral damages may be recovered in the ff. analogous cases:

1. Criminal offense resulting in physical injuries

2. Quasi-delicts 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 form of defamation
8. Malicious prosecution
9. Acts mentioned in Art. 309
10. Acts and actions referred to i Arts. 21, 26, 27-30, 32, and 34-35.

The parents of the female seduced, abducted,raped, or abused, referred to in No. 3 of this article,
may also recover moral damages.

The spouse, descendants, ascendants, and brothers and sisters may bring the action menioned in
No. 9 of this article in the order named.

ART. 2220: Willful injury to property may be a legal ground for awarding moral damages of the
court should find that, under the circumstances, such damqges are justly due. The same rule
applies to breaches of contract where the defendant acted fraudulently or in bad faith.

REQUISITES TO RECOVER DAMAGES

1. Plaintiff must prove, by his clear testimony, that he suffered PAFSAB-MWSS.

2. Said PAFSAB-MWSS must be the proximate result of the wrongful actor omission.

NOTE:

A. What controls is the dignity of man and his human value

Social and financial standing was considered
Those affecting moral feelings and personal pride of person seeking recovery considered
No indemnity if court has no proof or evidence which the claim for damages must be based

B. Moral damages based on courts discretion. But must not be based on the whims and
caprices of the judge.

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Case: Moral damages, though incapavle of pecuniary estimation, are in the category of an award
designed to compensate the claimant for actual injury suffered and not to impose penalty on the
wrongdoer.

ACTUAL OR COMPENSATORY DAMAGES

DEFN: They are those which can be recovered because of losses suffered or of profits which were
not realized.

REQUISITES IN ORDER TO RECOVER ACTUAL DAMAGES:

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 according to the circumstances of each case.

ACTUAL DAMAGES ARE NOT SUBJECT TO SPECULATION

Not speculative
Should be based on evidence
Not on the personal knowledge of the judge
ACTUAL PROOF THAT DAMAGES WERE SUFFERED

AWARD OF ACTUAL OR COMPENSATORY DAMAGES BARS AWARD OF NOMINAL DAMAGES

AND EXEMPLARY DAMAGES

Award of nominal damages is merely for the vindication of a right that has been violated, not
indemnification of the loss suffered.

PERTINENT ARTICLES OF THE CIVIL CODE ON ACTUAL OR COMPENSATORY DAMAGES

ART. 2219 ART. 2200 ART. 2201 ART. 2202

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Plaintiff is entitled to Speaks of 2 kinds of Speaks of damages in Speaks of damages in

an adequate losses: contracts and quasi- crimes and quasi-
compensation only for contracts delicts
pecuniary loss he 1. Dano-Emergente
suffered and which he Damages for 1. If in GF debtor in Here, the defendant is
has duly proved. losses suffered GF is liable for the liable for all damages
Damages for natural and probable which are the natural
unrealized profits consequences of the and probable
breach of obligation consequences of the
and which the parties act or omission
have forseen or could complained of. It is
have reasonably not necessary that
forseen at the time such damages have
the obligation was been forseen or could
constituted. have reasonably been
forseen by
2. If in BF debtor in defendants.
BF is responsible for
all damages which
may be reasonably
attributed to the
performance of the
obligation.

Case: CHIANG KAI SHEK v. CA Unjust dismissal of an employee is a wrongful act which
renders the school liable for damages.