Different kinds of Damages

1. 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.
Special/Ordinary
Ordinary
NOTE: Ordinary Damages are those generally inherent in a breach of a typical contract

2. 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.
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. 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 defendants
act.
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.
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.

3. NOMINAL DAMAGES
Purpose
Vindicating or recognizing the injured partys right to a property that has been
violated or invaded.
Manner of Determination
No proof of pecuniary loss is necessary. Proof that a legal right has been violated
is what is only required. It is 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.

4. 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.
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.

5. 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.

6. EXEMPLARY/CORRECTIVE DAMAGES
Purpose
Exemplary or corrective damages are intended to serve as a deterrent to serious
wrongdoings.
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 quasicontracts 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.