Professional Documents
Culture Documents
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Classes of Torts:
A. Negligent Torts
B. Intentional Torts
C. Strict Liability
A. NEGLIGENT TORTS
Involve voluntary acts or omissions
which result in injury to others without
intending to cause the same or because
the actor fails to exercise due care in
performing such acts or omissions.
NEGLIGENCE
The omission of that degree of
diligence which is required by the nature
of the obligation and corresponding to
the circumstances of persons, time and
place. (Article 1173 Civil Code)
Kinds of Negligence:
1. Culpa Contractual (contractual
negligence)
Governed by CC provisions on
Obligations and Contracts, particularly
Arts. 1170 to 1174 of the Civil Code.
2. Culpa Aquiliana (quasi-delict)
Governed mainly by Art. 2176 of the
Civil Code
3. Culpa Criminal (criminal negligence)
Governed by Art. 365 of the Revised
Penal Code.
NOTES:
Culpa Contractual
Culpa Aquiliana
The foundation of
the liability of the
defendant
It is a separate
source of obligation
independent
of
contract
is the contract
In breach of contract
committed through
the negligence of
employee,
the
employer
cannot
erase his primary and
direct liability by
invoking exercise of
diligence of a good
father of a family in
the selection and
supervision of the
In quasi-delict the
presumptive
responsibility for the
negligence of his
servants can be
rebutted by proof of
the exercise of due
care in their
selection and
supervision.
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employee.
Culpa Aquiliana
Crime
Punished
only
if
there is a penal law
clearly covering them
Liability
of
the
employer
of
the
actor-employee
is
subsidiary in crimes
QUASI-DELICT
Whoever by act or omission causes
damage to another, there being fault or
negligence is obliged to pay for the
damage done. (Article 2176 Civil Code)
Essential Requisites
delictual action:
for
quasi-
NOTES:
Negligence is a conduct - the
determination of the existence of
negligence is concerned with what the
defendant did or did not do
The state of mind of the actor is
not important; good faith or use of
sound judgment is immaterial. The
existence of negligence in a given
case is not determined by reference
to the personal judgment but by the
behavior of the actor in the situation
before him. (Picart vs. Smith)
Negligence is a conduct that creates
an undue risk of harm to others.
The determination of negligence is a
question of foresight on the part of the
actor FORESEABILITY.
Even if a particular injury was not
foreseeable, the risk is still foreseeable
if possibility of injury is foreseeable.
Forseeability involves the question of
PROBABILITY, that is, the existence of
some real likelihood of some damage and
the likelihood is of such appreciable
weight reasonably to induce, action to
avoid it.
Calculation of Risk
Interests are to be balanced only in
the sense that the purposes of the actor,
the nature of his act and the harm that
may result from action or inaction are
elements to be considered.
Circumstances
to
consider
in
determining negligence: (PEST-GAP)
1. Time
2. Place
3. Emergency
Emergency rule
GENERAL RULE: An individual who
suddenly finds himself in a situation
of danger and is required to act
without much time to consider the
best means that may be adopted to
avoid the impending danger is not
guilty of negligence if he fails to
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4.
5.
6.
7.
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6. Insanity
The insanity of a person does not
excuse him or his guardian from liability
based on quasi-delict.
Bases for holding an insane person
liable for his tort:
a.
Where one of two innocent persons
must suffer a loss, it should be borne by
the one who occasioned it.
b.
To induce those interested in the
estate of the insane person to restrain
and control him.
c.
The fear that an insanity would
lead to false claims of insanity and avoid
liability.
7. Women
In determining the question of
contributory negligence in performing
such act, the age, sex, and condition of
the
passengers are
circumstances
necessarily affecting the safety of the
passenger, and should be considered.
(Cangco vs. Manila Railroad Co. GR
No.12191, October 14, 1918)
Although there is no unequivocal
statement of the rule, Valenzuela vs. CA
253SCRA303 appears to require a
different standard of care for women
under the circumstances indicated
therein.
However, Dean Guido Calabresi
believes that there should be a uniform
standard between a men and a women.
Other
Factors
to
Consider
in
Determining Negligence:
A. VIOLATION OF RULES AND
STATUTES
1. Statutes
GENERAL RULE:
Violation of a
statutory duty is NEGLIGENCE PER SE
(Cipriano vs. CA, 263SCRA711). When the
Legislature has spoken, the standard of
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A. Presumptions of Negligence
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AFFIRMATIVE
DUTIES
AND
MISCELLANEOUS ACTIVITIES:
1. Duty to Rescue
A. Duty to the rescuer
B. Duty to rescue
GENERAL RULE: There is no general
duty to rescue; a person is not liable for
quasi-delict even if he did not help a
person in distress.
EXCEPTIONS: A limited duty to rescue
is imposed in certain cases:
Abandonment of persons in danger and
abandonment of ones own victim is
considered, under certain circumstances
EXCEPTIONS:
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4. Banks
The business of banks is one affected
by public interest.
Because of the
nature of its functions, a bank is under
obligation to treat the accounts of its
depositors with meticulous care, always
having in mind the fiduciary nature of
their relationship. (PBC vs. CA [1997])
5. Common carriers
From the nature of their business
and for reasons of public policy, they are
bound
to
exercise
extraordinary
diligence in the vigilance over the goods
and the safety of the passengers.
The case against the common carrier
is for the enforcement of an obligation
arising from breach of contract.
The same act which breached the
contract may give rise to an action based
on quasi delict. (Air France vs
Carrascoso, L21438, Sept. 28, 1996)
6. Doctors
A. STANDARD OF CARE
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There is no employer-employee
relationship between the hospital and a
physician admitted in the said hospitals
medical staff as an active or visiting
consultant
which would hold the
hospital liable solidarily liable for the
injury suffered by a patient under Article
2180 of the Civil Code. (Ramos vs. CA GR
No 124354, April 11, 2002)
The
contract
between
the
consultant and the patient is separate
and distinct the contract between the
hospital and the patient. The first has
for its object the rendition of medical
services by the consultant to the patient,
while the second concerns the provision
by the hospital of facilities and services
by its staff such as nurses and laboratory
personnel necessary for the proper
completely
recovery
B. Partial mitigates liability
bars
1. PLAINTIFFS
CONDUCT
AND
CONTRIBUTORY NEGLIGENCE
a. Plaintiffs own negligence as the
proximate cause
When the plaintiffs own negligence
was the immediate and proximate
cause of his injury, he cannot
recover damages. (Article 2179
Civil Code)
b. Contributory negligence
Conduct on the part of the injured
party contributing as a legal cause
to the harm he has suffered which
falls below the standard to which
he is required to conform for his
own protection. (Valenzuela vs. CA
253SCRA303)
If the plaintiffs negligence was
only contributory, the immediate
and proximate cause of the injury
being the defendants lack of due
care, the plaintiff may recover
damages but the courts shall
mitigate the damages to be
awarded (Article 2179 Civil Code).
Doctrine
of
Comparative
Negligence
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KINDS:
a.
Express waiver of the right to
recover
b.
Implied Assumptions
i. Dangerous Conditions
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There
may
be
implied
assumption of risk if the plaintiff
entered into a contractual relation
with the defendant. By entering into
a relationship freely and voluntarily
where the negligence of the
defendant is obvious, the plaintiff
may be found to accept and consent
to it.
EXAMPLES:
a) The employees assume the
ordinary risks inherent in the
industry in which he is employed.
- As to abnormal risks, there
must be cogent and convincing
evidence of consent.
b) When a passenger boards a
common carrier, he takes the risks
incidental to the mode of travel he
has taken.
iii. Dangerous Activities
Persons
who
voluntarily
participate in dangerous activities
assume the risks which are usually
present in such activities.
EXAMPLE:
A
professional
athlete is deemed to assume the
risks of injury to their trade.
iv. Defendants negligence
7. INVOLUNTARINESS
It is a complete defense in quasidelict cases and the defendant is
therefore not liable if force was exerted
on him. (Aquino, Torts and Damages)
EXAMPLE: When the defendant was
forced to drive his vehicle by armed
men. He was, at pain of death, forced to
drive at a very fast clip because the
armed men were escaping from the
policemen. The defendant cannot be
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CAUSATION
Proximate Cause
That cause which in natural and
continuous sequence, unbroken by any
efficient intervening cause, produces the
injury, without which the result would
not have occurred.
Remote Cause
That cause which some independent
force merely took advantage of to
accomplish something not the natural
effect thereof.
Nearest Cause
That cause which is the last link in
the chain of events; the nearest in point
of time or relation.
Proximate cause is not necessarily
the nearest cause but that which is the
procuring efficient and predominant
cause.
Concurrent Causes
The actor is liable even if the active
and substantially simultaneous operation
of the effects of a third persons
innocent, tortious or criminal act is also
a substantial factor in bringing about the
harm so long as the actors negligent
conduct actively and continuously
operate to bring about harm to another.
(Africa vs. Caltex)
Where several causes producing the
injury are concurrent and each is an
efficient cause without which the injury
would not have happened, the injury
may be attributed to all or any of the
causes and recovery may be had against
any or all of the responsible persons.
Where the concurrent or successive
negligent acts or omissions of two or
more
persons,
although
acting
independently, are in combination the
direct and proximate cause of a single
injury to a third person, and it is
impossible to determine what proportion
each contributed to the injury, either of
them is responsible for the whole injury,
even though his act alone might not have
NOTE:
Primary cause remains the
proximate cause even if there is an
intervening
cause
which
merely
cooperated with the primary cause and
which did not break the chain of
causation.
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Multiple causation
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B. INTENTIONAL TORTS
Include conduct where the actor
desires to cause the consequences of his
act or believes that the consequences
are substantially certain to result from
it.
HUMAN RELATIONS
1. Principle
(ART.19)
of
Abuse
of
Rights
Elements:
a. Legal right or duty;
b. The right or duty is exercised in
bad faith; and
c. For the sole intent of prejudicing
or injuring another.
EXAMPLE:
If
the
principal
unreasonably terminated an agency
agreement
for
selfish
reasons.
(Valenzuela vs. CA, 190 SCRA 1)
NOTE: This rule is a departure from the
traditional view that a person is not
liable for damages resulting from the
exercise of ones right.
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Kinds:
a. Breach of promise to marry
c. Sexual assault
EXCEPTION:
Moral
d. Desertion by a spouse
e. Trespass
Property
and
Deprivation
of
2 KINDS:
1) Trespass to and/or deprivation
of real property
breach
of
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EXAMPLE:
f.
spouses if:
1)
the abortion was caused through
the physicians negligence, or
2)
was done intentionally without
their consent
g. Illegal Dismissal
h. Malicious Prosecution
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NOTES:
i.
Public Humiliation
NOTES:
GENERAL RULE:
Right to privacy is
purely personal in nature, hence:
1)
It can be invoked only by the
person whose privacy is claimed to have
been violated.
2)
It can be subject to waiver of the
person whose privacy is sought to be
intruded into.
3)
The right ceases upon the death of
the person.
EXCEPTION: A privilege may be given
to the surviving relatives of a deceased
person to protect his memory but the
privilege exist for the benefit of the
living, to protect their feelings and to
prevent the violation of their own rights
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Standard to be applied in
determining if there was a violation of
the right is that of a person with
ordinary sensibilities. It is relative to
the customs of time and place and is
determined by the norm of an ordinary
person.
Four Types of Invasion of Privacy
a. Intrusion
upon
plaintiffs
seclusion or solitude or into his
private affairs
It is not limited to cases where
the defendant physically trespassed into
anothers property. It includes cases
when the defendant invades ones
privacy by looking from outside
(Example: peeping-tom).
GENERAL RULE: There is no invasion of
right to privacy when a journalist records
photographs or writes about something
that occurs in public places.
EXCEPTION: When the acts of the
journalist should be to such extent that
it constitutes harassment or overzealous
shadowing.
The freedom of the press has never
been construed to accord newsmen
immunity from tort or crimes committed
during the course of the newsgathering.
There is no intrusion when an
employer investigates an employee or
when the school investigates its student.
RA 4200 makes it illegal for any
person not authorized by all the parties
to any private communication to secretly
record such communication by means of
a tape recorder (Ramirez vs CA, Sept.
28, 1995)
Use of a telephone extension for
purposes of overhearing a private
conversation without authorization does
not violate RA 4200.
NOTE: There are instances where the
school might be called upon to exercise
its power over its student for acts
committed outside the school premises
and beyond school hours in the
following:
1. In cases of violation of school
policies or regulations occurring in
connection with school sponsored
activity off-campus; or
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Defamation
1. As to gravamen of claim
The gravamen of The gravamen of
claim is not the claim is the reputareputational
harm tional harm
but
rather
the
embarrassment of a
person being made
into some-thing he is
not
2. As to publication
The statement should Publication
is
be actually made in satisfied if a letter is
public
sent to a third person
3. As to the defamatory character of the
statements
Defendant may still What is published
be held liable even if lowers the esteem in
the statements tells which the plaintiff is
something
good held
about the plaintiff
d. Commercial appropriation of
likeness
The unwarranted publication of a
persons name or the unauthorized
use of his photograph or likeness for
commercial purposes is an invasion
of privacy.
With respect to celebrities,
however, the right of publicity is
often treated as a separate right that
overlaps but is distinct from the right
of privacy. They treat their names
and likeness as property and they
want
to
control
and
profit
therefrom.
2. Interference with Family and other
relations
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Test
in
determining
the
defamatory
character
of
the
imputation: A charge is sufficient if
the words are calculated to induce the
hearers to suppose and understand
that the person/s against whom they
were uttered were guilty of a certain
offense, or are sufficient to impeach
their honesty, virtue, or reputation, or
to hold the person/s up to public
ridicule.
Dissemination to a number of
persons
is
not
required,
communication to a single individual
is sufficient publication.
GENERAL RULE: Every defamatory
imputation is presumed to be
malicious, even if it be true, if no
good intention or justifiable motive
for making it is shown.
EXCEPTIONS:
1. A private communication
made by any person to another
in the performance of any legal,
moral or social duty; and
2. A fair and true report, made
in good faith, without any
comments or remarks, of any
judicial, legislative or other
official proceedings which are
not of confidential nature, or of
any statement, report, or speech
delivered in said proceedings or
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2. Exempting Circumstances
They do not erase the civil
liability.
3. Mitigating
and
Aggravating
Circumstances
Damages to be adjudicated may
either be decreased or increased
depending on the presence of
mitigating
or
aggravating
circumstances.
Effect of Death
A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
B. DEATH BEFORE FINAL JUDGMENT:
GENERAL RULE: The defendant is
relieved from both criminal and civil
liability
arising
from
criminal
liability.
EXCEPTION: In case of libel and
physical
injuries
wherein
the
plaintiff initially opted to claim
damages in the criminal proceeding
can file another case under Article
33 of the Civil Code.
Effect of Pardon
Pardon does not erase civil liability.
While pardon removes the existence
of guilt so that in the eyes of the law the
offender is deemed innocent and treated
as though he never committed the
offence, it does not operate to remove
all the effects of the previous conviction.
DEFENDANTS IN TORT CASES
Concurrent Negligence or Acts
1. Joint Tort-feasors
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(Article
minor children
living in their company
This has already been modified by
Art. 221 of the Family Code to the extent
that the alternative qualification of the
liability of the father and the mother has
been removed.
NOTES:
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2. Guardians
For damage caused by
a. minors or incapacitated persons
b. under their authority
c. living in their company
3. Owners
and
managers
establishments
For damage caused by:
of
a) their employees
b) in the service of the branches in
which they are employed, or
c) on the occasion of their
functions
4. Employers
5. State
For damage caused by:
a) a special agent
b) not when the damage has been
caused by the official to whom the
task done properly pertains
Public officers who are guilty of
tortuous conduct are personally liable for
their actions.
6. Schools,
Teachers
and
Administrators
For damage caused by:
a) pupils
and
students
or
apprentices
b) in their custody
statutory basis:
if student is minor Art. 219, FC
if student is no longer a minor
Art. 2180, Civil Code
NOTES:
NOTES:
academic institutions.
Liability attaches to the teacherin-charge.
The school itself is now solidarily
liable with the teacher-incharge.
The liability extends to acts
committed even outside the
school so long as it is an official
activity of the school.
Whenever the school or teacher
is being made liable, the parents
and those exercising substitute
parental authority are not free
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The liability of
the teacher subsists whether the
school is academic or nonacademic.
Liability
is
imposed only if the pupil is
already in the custody of the
teacher or head. The student is
in the custody of the school
authorities as longs as he is
under the control and influence
of the school and within its
premises whether the semester
had not yet begun or has already
ended.
The victim of negligence is
likewise required to exercise due
care in avoiding injury to
himself.
Other Persons Vicariously Liable:
1. Innkeepers and Hotelkeepers
They are civilly liable for crimes
committed in their establishments in
cases of violations of statutes by them,
in default of persons criminally liable.
(Article 102 Revised Penal Code)
They are subsidiarily liable for the
restitution of goods taken by robbery or
theft within their houses from guests
lodging therein, or for payment of the
value thereof, provided that:
a. The innkeeper was notified in
advance of the deposit of such goods
within the inn; and
The
absolute
community
property shall be for liabilities incurred
by either spouses by reason of crime or
quasi-delict in case of absence or
insufficiency of the exclusive property of
the debtor-spouse. (Article 94 Family
Code)
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NOTES:
3. Liability of employers
2. Falling objects
The head of a family that lives in a
building or a part thereof is responsible
for damages caused by things thrown or
falling from the same. (Article 2193 Civil
Code)
4. Nuisance
of
property,
or
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2. Warranties
The Consumer Act recognizes that
the provisions of the Civil Code on
conditions and warranties shall govern all
contracts of sale with conditions and
warranties.
Retailer shall be subsidiarily liable
under the warranty in case of failure of
both the manufacturer and distributor to
honor the warranty.
Privity of contract is not necessary.
3. Negligence
In product liability law, certain
standards are already imposed by special
laws, rules and regulations of proper
government agencies; certain acts or
omissions are expressly prohibited by the
statutes thereby making violation
thereof negligence per se.
It is negligence per se if
manufacturer manufactured products
which do not comply with the safety
standards promulgated by appropriate
government agencies.
4. Delict
The liability may be based on
criminal negli-gence under the RPC or
violation of any special law.
5. Strict liability
Manufacturers and processors of
foodstuffs, drinks, toilet articles, and
similar goods, shall be liable for death or
injuries caused by any noxious or harmful
substances used although no contractual
relation exists. (Article 2187 Civil Code)
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DEFENSES:
A. The
manufacturer,
builder,
producer, or importer shall not be liable
when it evidences:
1) That it did not place the product
on the market
2) That although it did place the
product on the market such product
had no defect
3) That the consumer of third party
is solely at fault. (Article 97
Consumer Act)
B. The supplier of the services shall not
be held liable when it is proven:
1) That there is no defect in the
service rendered
2) That the consumer of third party
is solely at fault. (Article 99 Consumer
Act)
Requisites:
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DAMNUM ABSQUE
Without Injury)
INJURIA
(Damage
Damage
Damages
Legal
invasion of
a
legal
right
Loss, hurt
or
harm
which
results
from
the
injury
The recompense
or
compensatio
n
awarded
for
the
damage
suffered
NOTES:
A complaint for damages is a
personal 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. Actual or Compensatory
2. Moral
3. Nominal
4. Temperate or moderate
5. Liquidated
6. Exemplary 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.
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243
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.
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244
a
person who reasonably attempts to
minimize his damages can recover
the expenses that he incurred.
Doctrine of
Avoidable
Consequences
Acts
of
the
plaintiff
occur
after the act or
omission of the
defendant
Contributory
Negligence
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)
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.
Anthony Escasinas
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F. EXEMPLARY
DAMAGES
OR
CORRECTIVE
Requisites