What are the kinds of damages?

ACTUAL/ COMPENSATORY DAMAGES

Purpose

Actual or compensatory damages simply make good or replace the loss caused by the wrong.

Manner of Determination

Claimant must produce competent proof or the best evidence obtainable such as receipts to justify an award therefore. Actual or compensatory damages cannot be presumed but must be proved with reasonable certainty. (People v. Ereno, Feb. 22, 2000)

Special/Ordinary

Ordinary

NOTE: Ordinary Damages are those generally inherent in a breach of a typical contract

MORAL DAMAGES

Purpose

Awarded only to enable the injured party to obtain means, diversion or amusement that will alleviate the moral suffering he has undergone, by reason of defendants culpable action. (Robleza v. CA, 174 SCRA 354)

Manner of Determination

No proof of pecuniary loss is necessary. The assessment is left to the discretion of the court according to the circumstances of each case. However, there must be proof that the defendant caused physical suffering etc. (Compania Maritima v. Allied Free Worker’s Union, G.R. No. L-31379, Aug. 29, 1988). GR: Factual basis must be alleged. Aside from the need for the claimant to satisfactorily prove the existence of the factual basis of the damages, it is also necessary to prove its causal relation to the defendant’s act (Raagas v. Trava, G.R. No. L-20081, Feb. 27,1968; People v. Manero, G.R. Nos. 86883-85, Jan. 29, 1993).

Exception: Criminal cases. Moral damages may be awarded to the victim in criminal proceedings in such amount as the court deems just without need for pleading or proof of the basis thereof (People v. Paredes, July 30, 1998).

Special/Ordinary

Special

NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. circumstances.

NOMINAL DAMAGES

Purpose

Vindicating or recognizing the injured party’s right to a property that has been violated or invaded. (Tan v. Bantegui, 473 SCRA 663)

Manner of Determination

No proof of pecuniary loss is necessary. Proof that a legal right has been violated is what is only required. Usually awarded in the absence of proof of actual damages.

Special/Ordinary

Special

NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. circumstances.

TEMPERATE DAMAGES

Purpose

When the court is convinced that there has been such a loss, the judge is empowered to calculate moderate damages rather than let the complainant suffer without redress. (GSIS v. Labung-Deang, 365 SCRA 341)

Manner of Determination

May be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty. No proof of pecuniary loss is necessary.

Special/Ordinary

Special

NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. circumstances.

LIQUIDATED DAMAGES

Purpose

Liquidated damages are frequently agreed upon by the parties, either by way of penalty or in order to avoid controversy on the amount of damages.

Manner of Determination

If intended as a penalty in obligations with a penal cause, proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded (Art. 1228, NCC). No proof of pecuniary loss is necessary.

Special/Ordinary

Special

NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. circumstances.

EXEMPLARY/CORRECTIVE DAMAGES

Purpose

Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings. (People v. Orilla, 422 SCRA 620)

Manner of Determination

1. That the claimant is entitled to moral, temperate or compensatory damages; and

2. That the crime was committed with 1 or more aggravating circumstances, or the quasi-­‐delict was committed with gross negligence, or in contracts and quasi-contracts the act must be accompanied by bad faith or done in wanton, fraudulent, oppressive or malevolent manner. No proof of pecuniary loss is necessary.

Special/Ordinary

Special

NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. circumstances.