Injury Damages
A. Definition and Concept -illegal invasion of a legal -the hurt or harm which
right results from the injury
-the recompense or
DAMAGE
compensation awarded for
-the detriment, injury, or loss which are occasioned by the damage suffered
reason of fault of another in the property or person.
(Escriche)
(b) Damages without Injury
ISSUE: Was the order against the petitioners to pay 100 cavans
of palay anually from 1972 ( the date of judgment by RTC) Example
until they vacate the premises or a total of 1,100 cavans of
palay? (1) Credit card company in a case of cancellation of
credit card, pursuant to the provisions of the credit card
agreement allowing automatic suspension of the credit card if
the holder exceeded the limit provided for the card. THERE
HELD. NO. IS NO INJURY EVEN IF THE CARDHOLDER SUFFERED BECAUSE
OF THE DISHONOR OF THE CARD BY A MERCHANT. (Equitable
The one hundred cavans of palay was awarded as a form of Banking Corp vs Calderon)
damages. We cannot sustain the award. "Palay" is not legal
tender currency in the Philippines. (2) Commissioner of Customs withheld the release of
certain importation because of an erroneous interpretation of
LAZATIN VS TWANO (Wrongful attachment) law. IT IS ITS DUTY 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
ISSUE: Are the defendants who are victims of the wrongful DAMAGES DUE TO HONEST MISTAKE. (Farolan v. Salmac Mktg
attachment entitled to MORAL DAMAGES? Corp.)
In order that moral damages may be recovered in - one who exercises a right does no injury.
connection with the writ of attachment under consideration,
malice is an essential ingredient thereof. -applied to cases where the Court rejects claims for
damages of the winning defendant in a case.
Where there is no issue of malice, damages must be
compensatory merely, and confined to the actual loss from
deprivation of the property attached or injury to it, or in case BOARD OF LIQUIDATORS VS KALAW (4 Typhoons)
of closing business, to the probable profits of the business,
during the time of its stoppage (Holiday Bros. vs. Cohen 34
Ark. 707).
ISSUE: Are the directors liable for approving the contracts in
All of which go to show that the attachment defendant is bad faith and breach of trust, after not being able to fulfill the
not entitled to moral damages, unless it is alleged and contracts when 4 typhoons visited the Philippines?
established that the writ was maliciously sued out.
HELD. No.
DAMNUM ABSQUE INJURIA
The facts yield the answer. Four typhoons wreaked havoc
-the conjunction of damages and wrong is absent. There then on our copra-producing regions. Result: Copra
can be no actionable wrong if either one or the other is production was impaired, prices spiralled, warehouses
wanting. Thus if the damage resulted because a person destroyed. Quick turnovers could not be expected. NACOCO
exercised his legal rights, it is damnun absque injuria. was not alone in this misfortune. The record discloses that
private traders, old, experienced, with bigger
There can be damage without injury in those instances facilities, were not spared; also suffered tremendous
in which the loss or harm was not the result of a violation of losses. Roughly estimated, eleven principal trading concerns
a legal duty. did run losses to about P10,300,000.00.
In such cases the consequences must be borne by the Indeed, were it not for the typhoons,[42] NACOCO could have,
injured person alone, the law affords no remedy for damages with ease, met its contractual obligations. Stock accessibility
resulting from an act which does not amount to a legal injury was no problem. NACOCO had 90 buying agencies spread
or wrong. These situations are often called damnum absque throughout the islands. It could purchase 2,000 tons of copra
injuria. a day. The various contracts involved delivery of but 16,500
In other words, in order that a plaintiff may maintain an tons over a five-month period. Despite the typhoons,
action for the injuries of which he complains, he must NACOCO was still able to deliver a little short of 50% of the
establish that such injuries resulted from a breach of duty tonnage required under the contracts.
which the defendant owed to the plaintiff- a concurrence of As the trial court correctly observed, this is a case of
injury to the plaintiff and legal responsibility by the person damnum absque injuria. Conjunction of damage and wrong is
causing it. The underlying basis for the award of tort damages
here absent. There cannot be an actionable wrong if either ALGARRA VS SANDEJAS (Hospitalization, no work)
one or the other is wanting
1. ACTUAL OR COMPENSATORY
Art. 205, CC. - the failure to receive as benefit that would have
Indemnities that must be paid by either spouse on account of a pertained to him.
crime or of a quasi-delict shall be paid from the common
assets, without any obligation to make reimbursement. -Art 2205. or loss or impairment of earning capacity in
cases of temporary or permanent personal injury.
PURPOSE: to repair the wrong that has been done, to ISSUE: Is the award of P6,438,048.00 as actual damages based
compensate for the injury inflicted, and not to impose a on affidavits of credible witnesses proper?
penalty.
HELD. No. Art. 2202, CC. In crimes and quasi-delicts, the defendant
shall be liable for all damages which are the natural and
The original complaint claims the amount of P692, 680 probable consequences of the act or omission complained of.
representing the fishing nets, boat equipment and cargoes It is not necessary that such damages have been foreseen or
that sunk with the M/V Maria Efigeia XV. In its amended could have reasonably been foreseen by the defendant.
complaint, the respondents alleged that the vessel had an
actual value of P800,000, but it had paid insurance in the
amount of P200,000 and therefore it claimed only the amount RULES IN CRIMES AND QUASI-DELICTS
of P600,000. The court believes that such allegations in the
original and amended complaints can be the basis for
determination of a fair amount of nominal damages,
(i) Resitutio in Integrum
---------------------------------------------------------------------- -The damage is measured on plaintiffs loss and not on
defendants gain.
Basic is the rule that to recover actual damages, the -The amount to be awarded to the plaintiff should be
amount of loss must not only be capable of proof but must that sum of money which will put the party who has been
actually be proven with a reasonable degree of certainty, injured or who has suffered in the same position as he would
premised upon competent proof or best evidence obtainable have been in if he had not sustained the wrong for which he is
of the actual amount thereof. now getting his compensation or reparation.
-As regards the express terms of the agreement holding D. DAMAGE TO PROPERTY
the seller liable for the damages it may cause the buyer, the
same are merely declaratory of the obligation assumed, not an (i) Damage to or Loss of Personal Property
obligation which the obligee may demand in compliance with
upon breach of the terms of the contract and even before - plaintiff is entitled to their value at the time of
actual payment of damages by the one who breached the destruction.
agreement, because the obligee has not yet actually suffered
the damage or paid the same to the person to whom damage
was caused. It is only when the obligee actually suffers the (ii) Damage to or Loss of Real Property
damage, that compliance, with the obligation may be
demanded. -the measure of damage for a permanent injury is
ordinarily the difference between reasonable market value of
(iv) Civil Indemnity the property immediately before and after the injury.
-Proof of actual loss is not necessary in cases where the In case of total loss, the value of the real property at the
law or jurisprudence allows the award of civil indemnity, I.e. time and place of the loss must also be assessed and such
(a) Civil indemnity is mandatory upon finding of the fact assessed value is the measure of the damage due to the
of rape; plaintiff.
HELD. NO.
We find that the alleged loss of personal belongings and (iv) Damage to Property Under Special Laws
RA NO. 10642, PHILIPPINE LEMON LAW complications directly arising from the injury, while certain to
occur, are difficult to predict.
-compensation for the non-usage of a vehicle under
repair.
(iii) Plastic Surgery
PNOC VS CA (Supre--- Bangus;Kinds of Actual Damages)
GATCHALIAN VS DELIM ( SNAPPING SOUND; FACE)
Where goods are destroyed by the wrongful act of the
defendant the plaintiff is entitled to their value at the time of
destruction, that is, normally, the sum of money which he
would have to pay in the market for identical or essentially ISSUE: Is Reynalda Gatchalian entitled to actual damages for
similar goods, plus in a proper case damages for the loss of use the approximated amount of surgery required to remove the
during the period before replacement. In other words, in the scar on her face because of the accident caused by
case of profit-earning chattels, what has to be assessed is the respondent?
value of the chattel to its owner as a going concern at the
time and place of the loss, and this means, at least in the case
of ships, that regard must be had to existing and pending HELD. YES.
engagements,
If the market value of the ship reflects the fact that it is Compensatory damages may be awarded.
in any case virtually certain of profitable employment, then A person is entitled to the physical integrity of his or her
nothing can be added to that value in respect of charters body; if that integrity is violated or diminished, actual injury
actually lost, for to do so would be pro tanto to compensate is suffered for which actual or compensatory damages are due
the plaintiff twice over. On the other hand, if the ship is and assessable.
valued without reference to its actual future engagements Petitioner Gatchalian is entitled to be placed as nearly as
and only in the light of its profit-earning potentiality, then it possible in the condition that she was before the mishap. A
may be necessary to add to the value thus assessed the scar, especially one on the face of the woman, resulting from
anticipated profit on a charter or other engagement which it the infliction of injury upon her, is a violation of bodily
was unable to fulfill integrity, giving raise to a legitimate claim for restoration to
What the court has to ascertain in each case is the her conditio ante. Hence, compensatory damages is awarded,
"capitalised value of the vessel as a profit-earning machine not especially to cover the petitioners expenses for the plastic
in the abstract but in view of the actual circumstances," surgery.
without, of course, taking into account considerations which
were too remote at the time of the loss.
- Person asking for damages for his own injury is entitled (v) IN CASE OF DEATH
to the amount of medical expenses as well as other reasonable
expenses that he incurred to treat his or his relatives injuries. Art. 2206, CC. The amount of damages for death caused by a
crime or quasi-delict shall be at least three thousand pesos,
even though there may have been mitigating circumstances. In
addition:
(ii) Future Medical Expenses and Life Care Cost (1) The defendant shall be liable for the loss of the earning
capacity of the deceased, and the indemnity shall be paid to
RAMOS VS CA (ANESTHESIA-COMATOSE) the heirs of the latter; such indemnity shall in every case be
assessed and awarded by the court, unless the deceased on
account of permanent physical disability not caused by the
ISSUE: Is the award of monthly compensation to answer for the defendant, had no earning capacity at the time of his death;
medical expenses that will be incurred by the comatose victim (2) If the deceased was obliged to give support according to
of the negligent act of defendants proper? the provisions of Article 291, the recipient who is not an heir
called to the decedent's 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
HELD. YES. exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and
Actual damages which may be claimed by the plaintiff
ascendants of the deceased may demand moral damages for
are those suffered by him as he has duly proved. (A1299
mental anguish by reason of the death of the deceased.
CC1)
Our rules on actual or compensatory damages generally (a) The damages that can be awarded are:
assume that at the time of litigation, the injury suffered as a i. Civil indemnity ex delicto for death of victim;
consequence of an act of negligence has been completed and
that the cost can be liquidated. But these provisions neglect ii. Actual or compensatory damages;
to take into account those situations, as in this case, where
the resulting injury might be continuing and possible future iii. Moral damages;
ii. Expenses during the wake and funeral of the QUIRANTE VS IAC (Death of Client; Attys fees)
deceased.
(c) Fixed Damages or Civil Indemnity ISSUE: Is Atty. Quirante entitled to claim for his attorneys
fees while the case is pending and after the death of his
- law requires at least P3,000. client;arguing that there was an oral agreement between him
and late Dr. Casasola and confirmed in writing by the widow
- The current amount of fixed damages as increase by the
and two daughters of the deceased?
Court is P50,000, and increased to P75,000 in cases of murder,
or if circumstances would justify the imposition of the death
HELD: NO
penalty.
Since the main case from which the petitioner's claims for
(d) Loss of Earning Capacity their fees may arise has not yet become final, the
determination of the propriety of said fees and the amount
thereof should be held in abeyance. This procedure gains
added validity in the light of the rule that the remedy for
FORMULAS: recovering attorney's fees as an incident of the main action
may be availed of only when something is due to the client.
80 Age
2 Well settled is the rule that counsel's claim for attorney's
(1) Life Expenctany =
fees may be asserted either in the very action in which the
3 services in question have been rendered, or in a separate
(2) Net Earning Capacity= Life Expectancy x [Gross action. What is being claimed here as attorney's fees by
Annual Income - Necessary Living Expenses] petitioners is, however, different from attorney's fees as an
item of damages provided for under Article 2208 of the CC,
wherein the award is made in favor of the litigant, not of his
counsel, and the litigant, not his counsel, is the judgment
Variables required: creditor who may enforce the judgment for attorney's fees by
execution. Here, the petitioner's claims are based on an
(1) the number of years for which the victim would
alleged contract for professional services, with them as the
otherwise have lived ( Life Expectancy);
creditors and the private respondents as the debtors.
(2) The rate of loss sustained by the heirs of the The confirmation of attorney's fees is premature.
deceased (Net income)
G. INTEREST
F. ATTORNEYS FEES Art. 2209, CC. If the obligation consists in the payment of a
sum of money, and the debtor incurs in delay, the indemnity
- Award is due to the plaintiff and not to his counsel 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 six per cent
per annum. (1108)
Art. 2208, CC. In the absence of stipulation, attorney's fees
Art. 2210, CC. Interest may, in the discretion of the court, be
and expenses of litigation, other than judicial costs, cannot be
allowed upon damages awarded for breach of contract.
recovered, except:
Art. 2211, CC. In crimes and quasi-delicts, interest as a part
(1) When exemplary damages are awarded;
of the damages may, in a proper case, be adjudicated in the
(2) When the defendant's act or omission has compelled the
discretion of the court.
plaintiff to litigate with third persons or to incur expenses to
Art. 2212, CC. Interest due shall earn legal interest from the
protect his interest;
time it is judicially demanded, although the obligation may be
(3) In criminal cases of malicious prosecution against the
silent upon this point. (1109a)
plaintiff;
Art. 2213,CC. Interest cannot be recovered upon unliquidated
(4) In case of a clearly unfounded civil action or proceeding
claims or damages, except when the demand can be
against the plaintiff;
established with reasonably certainty.
(5) Where the defendant acted in gross and evident bad faith
in refusing to satisfy the plaintiff's plainly valid, just and
demandable claim; (i) Kinds of Interest
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, (1) Monetary interest;
laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation -the price for damages and the payment of interests in case of
and employer's liability laws; noncompliance, if there is no stipulation to the contrary
(2) Penalty interest. and executory, the rate of legal interest, whether the
case falls under paragraph 1 or paragraph 2, above,
-in the nature of accessory obligation which makes one party shall be 12% per annum from such finality until its
liable or makes him perform another prestation if the satisfaction, this interim period being deemed to be by
principal obligation is not fulfilled. then an equivalent to a forbearance of credit.
A. CONCEPT
ISSUE 2. Can the social and financial standing of Lucila be
Article 2217, CC. considered in awarding moral damages?
Moral damages include physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation, wounded HELD.NO.
feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages The social and financial standing of a claimant of moral
may be recovered if they are the proximate result of the damages may be considered in awarding moral damages only if he
defendant's wrongful act for omission. or she was subjected to contemptuous conduct despite the offender's
knowledge of his or her social and financial standing.
But, it is still proper to award moral damages to Lucila for her
PURPOSE: For the restoration within the limits of the possible physical sufferings, mental anguish, fright, serious anxiety and
the spiritual status quo ant; to enable the injured party to wounded feelings. She sustained multiple injuries on the scalp,
obtain means, diversions or amusement that will serve to limbs and ribs. She lost all her teeth. She had to undergo several
alleviate the moral suffering he has undergone by reason of corrective operations and treatments. She suffered sleepless nights
the defendants culpable actions. and shock as a consequence of the vehicular accident. And it has
taken 10yrs to prosecute the complaint and this appeal!