Damages (1994)
Child (1991)
On January 5, 1992, Nonoy obtained a loan of Pl
,000,000.00 from his friend Raffy. The promissory note
did not stipulate any payment for Interest. The note was
due on January 5, 1993 but before this date the
two became political enemies. Nonoy, out of spite,
deliberately defaulted in paying the note, thus forcing
Raffy to sue him.
1) What actual damages can Raffy recover?
2) Can Raffy ask for moral damages from Nonoy?
3) Can Raffy ask for nominal damages?
4) Can Raffy ask for temperate damages?
5) Can Raffy ask for attorney’s fees?
SUGGESTED ANSWER:
1) Raffy may recover the amount of the promissory note
of P1 million, together with interest at the legal rate from
the date of judicial or extrajudicial demand. In addition,
however, inasmuch as the debtor is in bad faith, he is
liable for all damages which may be reasonably attributed
to the non-performance of the obligation. (Art. 2201(2).
NCC).
2) Yes, under Article 2220, NCC moral damages are
recoverable in case of breach of contract where the
defendant acted fraudulently or in bad faith.
3) Nominal damages may not be recoverable in this case
because Raffy may already be indemnified of his losses
with the award of actual and compensatory damages.
NOMINAL DAMAGES are adjudicated only 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. (Article 2231. Civil Code)
4) Raffy may ask for, but would most likely not be
awarded temperate damages, for the reason that his
actual damages may already be compensated upon proof
thereof with the promissory note. TEMPERATE
DAMAGES may be awarded only 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.
(Article 2224, Civil Code)
5) Yes, under paragraph 2, Article 2208 of the Civil Code,
considering that Nonoy’s act or omission has compelled
Raffy to litigate to protect his interests. Furthermore.
attorneys’ fees may be awarded by the court when it is just
and equitable. (Article2208(110) Civil Code).
Damages arising from Death of Unborn
On her third month of pregnancy, Rosemarie, married to
Boy, for reasons known only to her, and without
informing Boy, went to the clinic of X, a known
abortionist, who for a fee, removed and expelled the fetus
from her womb, Boy learned of the abortion six (6)
months later.
Availing of that portion of Section 12 of Article II of
the 1987 Constitution which reads;
The State x xx shall equally protect the life of the mother
and the life of the unborn from conception, “xxx” which
he claims confers a civil personality on the unborn from
the moment of conception.
Boy filed a case for damages against the abortionist,
praying therein that the latter be ordered to pay him: (a)
P30,000.00 as indemnity for the death of the fetus, (b)
P100.000.00 as moral damages for the mental anguish
and anxiety he suffered, (c) P50,000.00 as exemplary
damages, (d) P20,000.00 as nominal damages, and (e)
P25,000.00 as attorney’s fees.
May actual damages be also recovered? If so, what facts s
hould be alleged and proved?
SUGGESTED ANSWER:
Yes, provided that the pecuniary loss suffered should be
substantiated and duly proved.
Damages arising from Death of Unborn
Child (2003)
If a pregnant woman passenger of a bus were to suffer an
abortion following a vehicular accident due to the gross
negligence of the bus driver, may she and her husband
claim damages from the bus company for the death of
their unborn child? Explain.
SUGGESTED ANSWER:
No, the spouses cannot recover actual damages in the
form of indemnity for the loss of life of the unborn child.
This is because the unborn child is not yet considered a
person and the law allows indemnity only for loss of life of
person. The mother, however may recover damages for
the bodily injury she suffered from the loss of the fetus
which is considered part of her internal organ. The
parents may also recover damages for injuries that are
inflicted directly upon them, e.g., moral damages for
mental anguish that attended the loss of the unborn
child. Since there is gross negligence, exemplary
damages can also be
recovered. (Gelus v.CA, 2 SCRA 801 [1961])
Death Indemnity (1994)
Johnny Maton’s conviction for homicide was affirmed by A. Does Ortillo have a legal basis for his claim for moral
the Court of Appeals and in addition, although the damages?
prosecution had not appealed at all. The appellate court
increased the indemnity for death from P30,000.00 to B. How about his claim for attorney’s fees, having hired a
P50,000.00. On his appeal to the Supreme Court, among lawyer to defend him?
the other things Johnny Maton brought to the high court’s
attention, was the increase of indemnity imposed by the
SUGGESTED ANSWER:
Court of Appeals despite the clear fact that the People had
not appealed from the appellate court’s judgment.
A. There is no legal basis to Ortillo’s claim for moral
damages. It does not fall under the coverage of Article
Is Johnny Maton correct?
2219 of the New Civil Code.

SUGGESTED ANSWER:
B. Ortillo is entitled to attorney’s fees because Fabricato’s
complaint is a case of malicious prosecution or a clearly
a) In Abejam v. Court of Appeals, the Supreme Court unfounded civil action. (Art. 2208 [4] and [11], NCC).
said that even if the issue of damages were not raised by
the appellant in the Court of Appeals but the Court of
Moral Damages; Non-Recovery Thereof (2006)
Appeals in its findings increased the damages, the
Supreme Court will not disturb the findings of the Court
of Appeals. Under Article 2219 of the Civil Code, moral damages may
be recovered in the cases specified therein several of
which are enumerated below.
b) No, the contention of the accused is not correct because
upon appeal to the Appellate Court, the court acquired
jurisdiction over the entire case, criminal as well as civil. Choose the case wherein you cannot recover mor
Since the conviction of homicide had been appealed, al damages. Explain.
there is no finality in the amount of indemnity because the
civil liability arising from the crime and the judgment on a) A criminal offense resulting in physical injuries
the crime has not yet become final
b) Quasi-delicts causing physical injuries
c) Yes. Since the civil indemnity is an award in the
civil action arising from the criminal offense, the rule that c) Immorality or dishonesty
a party cannot be granted affirmative relief unless he
himself has appealed should apply. Therefore, it was error d) Illegal search
for the Court of Appeals to have expanded the indemnity
since the judgment on the civil liability had become final.
e) Malicious prosecution
d) No. Courts can review matters not assigned as errors.
SUGGESTED ANSWER: Immorality and dishonesty,
per se,
are not among those cases enumerated in Article 221
9 which can be the basis of an action for moral damages.
Moral Damages & Atty Fees (2002) The law specifically mentions adultery or concubinage,
etc. but not any and every immoral act.
Ortillo contracts Fabricato, Inc. to supply and install tile
materials in a building he is donating to his province.
Ortillo pays 50% of the contract price as per agreement. It
is also agreed that the balance would be payable
periodically after every 10% performance until completed.
After performing about 93% of the contract, for which it
has been paid an additional 40% as per agreement,
Fabricato, Inc. did not complete the project due to its
sudden cessation of operations. Instead, Fabricato, Inc.
demands payment of the last 10% of the contract despite
its non-completion of the project. Ortillo refuses to pay,
invoking the stipulation that payment of the last amount
10% shall be upon completion. Fabricato, Inc. brings suit
for the entire 10%. Plus damages, Ortillo counters with
claims for (a) moral damages for Fabricato, Inc.’s
unfounded suit which has damaged his reputation as a
philanthropist and respect businessman in his
community, and (b) attorney’s fees.