Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Full
adequate
compensation for that loss
show
documentary evidence;
the courts as a matter
of preference would
prefer
documentary
evidence
over
testimonial because of
the bias nature of the
latter.
(6) In actions
support;
legal
ATTORNEYS FEES
General Rule: cannot be
recovered
Exception: Article 2208
(1)
When
exemplary
damages are awarded;
for
4.
ARTICLE 2219
MORAL DAMAGES
What kind of injury does it seek to address?
LIBEL
ARTICLE 353, RPC
Definition of libel. A libel is public and
malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any
act, omission, condition, status, or
circumstance tending to cause the
dishonor, discredit, or contempt of a
natural or juridical person, or to blacken
the memory of one who is dead.
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 of any other
act
performed
by
public
officers in the exercise of their
functions.
imputation
of
Ex:
1.
Public conduct,
MALICIOUS PROSECUTION
WRIT OF KALIKASAN
o
o
o
MORAL DAMAGES
- prove that a loss was suffe
and that it falls under what
enumerated by law
-purpose is to provide divers
or recreation
TEMPERATE DAMAGES
ART 2224, NCC
Temperate or moderate damages, which
are more than nominal but less than
compensatory
damages,
may
be
recovered when the court finds that some
pecuniary loss has been suffered but its
amount can not, from the nature of the
case, be provided with certainty.
LIQUIDATED DAMAGES
-
EXEMPLARY DAMAGES
-
ASSESSMENT OF DAMAGES
Doctrine of Contributory Negligence (DCN)
when CN is pleaded, liability is admitted
except that you are asking the court to
mitigate the liability. This may be used to
lessen the award of damages.
Doctrine of Avoidable Consequences (DAC)
MAMARIL
v
PHILIPPINES
-
BOY
SCOUT
OF
THE