What are the kinds of

damages?

will alleviate the moral suffering he has

undergone, by reason of defendants culpable
action. (Robleza v. CA, 174 SCRA 354)

ACTUAL/
COMPENSATORY
DAMAGES

Manner of Determination

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)

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

Special/Ordinary
Special

MORAL DAMAGES
Purpose
Awarded only to enable the injured party to
obtain means, diversion or amusement that

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.

Page 1 of 3

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.

NOMINAL DAMAGES
Purpose
Vindicating or recognizing the injured
partys right to a property that has been
violated or invaded. (Tan v. Bantegui, 473
SCRA 663)

Special/Ordinary
Special

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.

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.

Special/Ordinary

LIQUIDATED DAMAGES

Special

Purpose

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 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

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)

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
Page 2 of 3

Special

1. That the claimant is entitled to moral,

temperate or compensatory damages; and

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/CORRECT
IVE DAMAGES

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.

Purpose

Special/Ordinary

Exemplary or corrective damages are

intended to serve as a deterrent to serious
wrongdoings. (People v. Orilla, 422 SCRA
620)

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.

Manner of Determination

Page 3 of 3