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results
from the
injury
The recompense
or
compensation
awarded for
the damage
suffered
A
complaint for damages is a personal
MEMORY AID IN CIVIL LAW
action. (Baritua vs. CA, 267 SCRA
331)
Proof of
pecuniary loss is necessary to
successfully recover actual damages
from the defendant. No proof of
pecuniary loss is necessary in case of
moral, nominal, temperate,
liquidated or exemplary damages.
The
assessment of such damages, except
liquidated ones, is left to the
discretion of the court according to
the circumstances of each case.
Kinds of damages (MANTLE)
1. A ctual or Compensatory
2. M oral
3. N ominal
4. T emperate or moderate
5. L iquidated
6. E xemplary or corrective
A. ACTUAL OR
COMPENSATORY
DAMAGES
Comprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
obtain.
Classification:
1. Dano emergente loss of what a
person already possesses
2. Lucro cessante failure to receive
as a benefit that would have
pertained to him
forbearance of money:
a. The interest due should
be that which may have been
stipulated in writing;
furthermore, the interest
due shall itself earn legal
interest from the time it is
judicially demanded.
b. In the absence of
stipulation, the rate of
interest shall be 12% per
annum to be computed from
default, i.e., from judicial or
extra-judicial demand under
and subject to the provisions
of Article 1169 of the Civil
Code.
2. When the obligation, not
constituting a loan or
forbearance or money, is
breached:
An interest on
the amount of damages to be
awarded may be imposed at
the discretion of the court at
the rate of 6% per annum.
No interest
shall be adjudged on
unliquidated claims or
damages, except when or
until demand can be
established with reasonable
certainty.
Where the
demand is established with
reasonable certainty, the
interest shall begin to run
from the time the claim is
made judicially or
extrajudicially.
3. When the judgment of the court
awarding the sum of money
becomes final and executory, the
rate of legal interest shall be 12%
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla
B. MORAL
DAMAGES
Includes physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation, wounded
feelings, moral shock, social
humiliation, and similar injury.
No proof of pecuniary loss is
necessary.
GENERAL RULE: The plaintiff
must
allege and prove:
1. The factual basis for moral
damages; and
2. Its causal relation to the
defendants act
EXCEPTION: Moral damages may
be
awarded to the victim in criminal
proceedings without the need for
pleading of proof of the basis thereof.
Requisites for award of moral damages:
1. There must be an injury whether
physical, mental or psychological,
clearly sustained by the claimant;
2. There must be a culpable act or
omission.;
3. Such act or omission is the
proximate cause of the injury;
MEMORY AID IN CIVIL LAW
4. The damages is predicated on
the cases cited in Art.2219.
NOTE: The award of moral damages
cannot be granted in favor of a
corporation because, being an artificial
person, it has no feelings, no emotions,
no senses. It cannot therefore
experience physical suffering and mental
anguish which can be experienced only
by one having a nervous system.
C. NOMINAL
DAMAGES
Nominal damages are adjudicated in
order that a right of the plaintiff,
which has been violated or invaded
by the defendant, may be vindicated
fraudulent, oppressive or
malevolent manner.
MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla
ASST.CHAIRPERSON : Vida Bocar,
Joyce Vidad EDP : Alnaiza Hassiman,
Dorothy Gayon
SUBJECT HEADS: Christopher Rey
Marasigan
(Persons
and
Family
Relations), Alejandro Casabar(Property),
Ma.
Rhodora
Ferrer(Wills and Succession),
Ian
Dominic Pua(Obligations and Contracts),
Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT),
Christopher
Cabigao(Credit Transactions), Ligaya
Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)