Injury Damage Damages

DAMAGE
The detriment, injury or loss

which are occasioned by
reason of fault of another in
the property or person.
DAMAGES
The pecuniary compensation,
recompense or satisfaction
for an injury sustained or as
otherwise expressed, the
pecuniary consequences
which the law imposes for the
breach of some duty or
violation of some rights.
DAMNUM
ABSQUE
INJURIA
(Damage
Without Injury)
A person may have suffered
physical hurt or injury, but
for as long as no legal injury
or wrong has been done,
there is no liability.
There is no liability even if
there is damage because
there was no injury.
There can be damage without
injury.
In order that a plaintiff may
maintain an action for the
injuries of which he
complains, he must establish
that such injuries resulted
from a breach of duty which
the defendant owed to the
plaintiff.
Injury Damage Damages
Legal
invasion of
a legal
right
NOTES:
Loss, hurt
or harm
which
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
NOTE: The latter type includes:

1. Loss or impairment of
earning capacity in cases of
temporary or permanent
personal injury.
2. Injury to the plaintiffs
business standing or commercial
credit.
In crimes and quasi-delict, the
defendant shall be liable for all
damages which are the natural and
probable consequences of the act
and omission complained of. It is not
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)
255
San Beda College of Law
necessary that such damages have
been foreseen or could have
reasonably foreseen by the
defendant. (Article 2202 Civil Code)
The amount should be that which
would put plaintiff in the same
position as he would have been if he
had not sustained the wrong for
which he is now getting his
compensation or reparation.
To recover damages, the amount of
loss must not only be capable of
proof but must actually be proven.

Uncertainty as to the precise amount
is not necessarily fatal.
LOSS OF EARNING CAPACITY:
Variables considered are:
1. life expectancy
2. net income/earnings
Formula:
{2/3 x (80age of death)} x mo. Earnings
x 12
2
NOTE:
Life expectancy is computed as
follows:
{ 2/3 x (80-age at death) }
Net earnings is the total of the
earnings less expenses necessary for
the creation of such earnings and
less living or other incidental
expenses.
Loss of profits
May be determined by considering
the average profit for the preceding
years multiplied by the number of
years during which the business was
affected by the wrongful act or
breach.
Attorneys fees
They are actual damages. It is due to
the plaintiff and not to the counsel.
Plaintiff must allege the basis of his
claim for attorneys fees in the
complaint; the basis should be one of
the 11 cases specified in Article 2208
of the Civil Code.
Interests
Award of interest in the concept of
actual and compensatory damages
actual damages.
The rate of interest, as well as the
accrual thereof is imposed as
follows:
1. When the obligation is breached
and it consist of payment of sum
of money, i.e., a loan or
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

Dorothy Gayon
Marasigan
(Persons
and
Family
Ma.
Rhodora
Ian
John Stephen
Quiambao(PAT),
Christopher
Purganan(LTD),
256
per annum from such finality
until its satisfaction.
Doctrine of Avoidable Consequences
A party cannot recover damages
flowing from consequences which
the party could reasonably have
avoided.
It has a reasonable corollary: a
person who reasonably attempts to
minimize his damages can recover
the expenses that he incurred.
Doctrine of
Avoidable
Consequences
Contributory
Negligence
Acts of the
plaintiff occur
after the act or
omission of the
defendant
Plaintiffs act or
omission occurs
before or at the
time of the act or
omission of the
defendant
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;
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
or recognized, and not for the

purpose of indemnifying the plaintiff
for any loss suffered by him.
(Article2221 Civil Code)
Small sums fixed by the court
without regard to the extent of the
harm done to the injured party.
Law presumes damage although
actual or compensatory damages are
not proven.
They are damages in name only and
are allowed simply in recognition of
a technical injury based on a
violation of a legal right.
Nominal damages cannot co-exist
with actual or compensatory
damages.
D. TEMPERATE OR
MODERATE
DAMAGES
These are damages, which are more
than nominal but less than
compensatory, and may be
recovered when the court finds that
some pecuniary loss has been
suffered but its amount cannot be
proved with certainty. (Article 2224
Civil Code)
CIVIL LAW COMMITTEE
Dorothy Gayon
Marasigan
(Persons
and
Family
Ma.
Rhodora
Ian
John Stephen
Quiambao(PAT),
Christopher
Purganan(LTD),

257
In cases where the resulting injury
might be continuing and possible
future complications directly arising
from the injury, while certain to
occur are difficult to predict,
temperate damages can and should
be awarded on top of actual or
compensatory damages; in such
cases there is no incompatibility
between actual and temperate
damages.
E. LIQUIDATED
DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
F. EXEMPLARY OR
CORRECTIVE
DAMAGES
Imposed by way of example
or correction for the public
good, in addition to the
moral, temperate, liquidated
or compensatory damages.
Requisites for the award of
exemplary damages:
1. They are imposed by way
of example in addition to
compensatory damages
and Imposed only after
the claimants right to
them has been
established;
2. They cannot be
recovered as a matter of
right, their
determination depending
upon the amount of
compensatory damages
that may be awarded;
3. The act must be
accompanied by bad
faith or done in wanton,
fraudulent, oppressive or
malevolent manner.
CIVIL LAW COMMITTEE
Dorothy Gayon
Marasigan
(Persons
and
Family
Ma.
Rhodora
Ian
John Stephen
Quiambao(PAT),
Christopher
Purganan(LTD),

Injury Damage Damages

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Injury Damage Damages

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DAMAGE

The detriment, injury or loss

NOTE: The latter type includes:

proof but must actually be proven.

ASST.CHAIRPERSON : Vida Bocar,

or recognized, and not for the

Ma. Ricasion Tugadi (Conflicts of Law)

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