Special/Ordinary

Ordinary

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

contract

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. (Robleza v. CA, 174 SCRA 354)

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. (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

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.

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)

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.

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.

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)

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.

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.

EXEMPLARY/CORRECTIVE DAMAGES
Purpose

Exemplary or corrective damages are intended to serve as a deterrent to serious

wrongdoings. (People v. Orilla, 422 SCRA 620)

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.