ACTUAL OR COMPENSATORY DAMAGES

Art. 2212. Interest due shall earn legal interest from the time it is
judicially demanded.

Art. 2199. Definition of Actual Damages. One is entitled to an

adequate compensation only for such pecuniary loss
suffered by him.

Art. 2213. Interest cannot be recovered from unliquidated claims

unless established with reasonable certainty.

Art. 2200. Indemnification for Damages. For value of loss suffered,

and for profits which the obligee failed to obtain.

Art. 2214. In quasi-delict, contributory negligence lessens damages

plaintiff recovers

Art. 2201. In contracts and quasi-contracts. Damages which obligor

in good faith is liable. For natural and probable
consequences of the breach, and which the parties
have foreseen or could reasonable be foreseen at the
time obligation was constituted.

Art. 2215. In contracts, quasi-contracts, and quasi-delicts, mitigate

damages under:
1. plaintiff contravene terms
2. plaintiff derived benefit
3. where exemplary damages are awarded,
defendant acted upon the advice of counsel
4. since filing of the action, defendant has done his
best to lessen the damage

In case of fraud, malice or wanton attitude, all

damages reasonably attributed to the nonperformance of the obligation

MORAL DAMAGES
Art. 2202. In crimes and quasi-delict. Liable for damages which are
the natural and probable consequences of the act
complained of.
Art. 2203. Doctrine of Avoidable Risks. Exercise diligence of good
father of a family to lessen the damages
Art. 2204. In crimes, damages may be increased or lessened.
Art. 2205. Damages may be recovered: 1. Impairment of earning
capacity; and 2. Plaintiffs business standing or
commercial credit.
Art. 2206. Amount of Damages for Death. 1. Liable for earning
capacity of deceased paid to heirs, except when
deceased has no earning capacity; 2. Support to nonheirs, 5years; and 3. Spouse, legitimate and illegitimate
may demand moral damages.
Art. 2207. Property insured. Doctrine of Subrogation. Plaintiff may
recover from defendant deficiency.
Art. 2208. Attorneys Fees. (SEL-MUBS-RCW-DJ)
1. Stipulation to that effect
2. Exemplary Damages are to be awarded
3. plaintiff is compelled to LITIGATE with third persons
4. Malicious prosecution against plaintiff
5. clearly unfounded civil action against the plaintiff
6. defendant acted in bad faith in refusing to satisfy the
plaintiffs claim
7. actions for legal support
8. recovery of wages of household helpers
9. separate civil actions from crimes
10. workmens compensation and employers liability
11. double judicial costs
12. other cases which the court found just and equitable
Art. 2209. Obligation to pay money. Debtor delays from judicial
demand. If no stipulation, 6 percent per annum.
Art. 2210. Interest allowed upon damages awarded for breach of
contract in the discretion of the court.
Art. 2211. In crimes and quasi-delict, interest as part of the damages

Art. 2217. Moral damages include (PBMF-MWSSS)

1. Physical suffering
2. Besmirched reputation
3. Mental Anguish
4. Fright
5. Moral Shock
6. Wounded Feelings
7. Social Humiliation
8. Serious Anxiety
9. Similar Injury
Art. 2218. In the adjudication, sentimental value of property may be
considered.
Art. 2219. Moral damages may be recovered in the following cases:
(2PI-SALAMI-309-others)
1. Physical injuries from crimes
2. Physical injuries from quasi-delict
3. Illegal Search
4. Seduction, Abduction, Rape
5. Adultery and Concubinage
6. Libel, slander, defamation
7. Arbitrary Detention
8. Malicious prosecution
9. Art. 309 Disrespect for the Dead
10. Other Acts.
In Seduction, parents may also recover moral damages
In 309, spouse, descendants, ascendants, brothers and sisters (in
order) may recover.
Art. 2220. Willful injury to property; and breaches in contract in bad
faith (may recover damages)
NOMINAL DAMAGES
Art. 2221. Nominal Damage. Adjudicated in order to vindicate the
right of a plaintiff which has been violated, not to
indemnify
Art. 2223. Adjudication of nominal damages preclude further
contests on the right involved and all accessory
questions
TEMPERATE DAMAGES

Art. 2224. Temperate/Moderate damages. More than nominal but

less than actual/compensatory. May be recovered when
the court finds that some pecuniary loss has been
suffered but its amount cannot be proved.
Art. 2225. Temperate damages must be reasonable.
LIQUIDATED DAMAGES
Art. 2226. Those agreed upon by the parties to a contract, in case of
breach
Art. 2227. May be reduced if iniquitous or unconscionable
Art. 2228. When breach is not the one contemplated by the parties,
law shall determine the measure of damages and not
stipulation
EXEMPLARY OR CORRECTIVE DAMAGES
Art. 2229. Imposed by way of example or correction for the public
good
Art. 2230. In crimes, exemplary damages may be imposed when
committed with aggravating circumstances. This is
separate and distinct from fines and shall be paid to
offended party
Art. 2231. In quasi-delict, exemplary damages awarded, if defendant
acted with gross negligence
Art. 2232. In contracts and quasi-contracts, if defendant acted in
WFROMM (wanton-fraudulent-reckless-oppressivemalevolent manner)
Art. 2233. Cannot be recovered as a matter of right, court decides
Art. 2234. While the amount of exemplary damages need not be
proved, plaintiff must show that he is entitled to moral,
temperate or compensatory before the court may
consider the award for exemplary damages.
In liquidated damages, although no proof of loss is
needed, plaintiff must first show that he would be
entitled to moral, temperate and compensatory
damages.
Art. 2235. Stipulation renouncing in advance exemplary damages is
null and void.