HUEY RANZ KRIZZA R.

CALABINES ACTIVITY 2
TORTS AND DAMAGES APRIL 30, 2020

1. What is damages?
It is a recompensation given to an injured person who has suffered a loss or harm
due to the unlawful act or omission of another.
Its purpose?
The purpose of damages is to award the injured party for losses he suffered by a
defendant’s conduct or to provide a remedy for the breach of contractual relationship.
In what form the damages should be awarded?
Usually damages is given in a form of monetary award.
2. What is the applicability of the Law on Damages?
The applicability of the Law on Damages is present in both civil and criminal
cases. It focuses mainly to compensate the aggrieved party from the loss or damage
suffered due to the acts of the defendant.
3. What are the kinds of damages?
Actual damages – It is the actual value that can be calculated for loss suffered by a
person or the amount of actual profits that a person failed to obtain.
Example: Medical bills, property repairs or loss of income
Moral damages – It is awarded to a person to obtain means of diverting moral
sufferings obtained by reason of culpable act of a defendant.
Example: The trauma obtained by a child when she was abducted.
 Exemplary damages – imposed by way of example or correction for public good.

Example: When a crime was committed with 1 or more aggravating

circumstances, or the quasi-‐delict was committed with gross negligence, or in contracts
and quasi-contracts the act must be accompanied by bad faith or done in wanton,
fraudulent, oppressive or malevolent manner. No proof of pecuniary loss is necessary.
 
         Nominal damages – No financial loss occurred but court may award damages to
plaintiff because he has a legal right which was violated.
Example: Company A entered a contract with Company B to manufacture 1,000
dolls. But the reality is that Company A doesn’t have the ability to manufacture dolls, but
told Company B that they are able. Company A, instead, is hiring Company C to
manufacture the dolls at 1/3 of the typical cost and will gain a large profit.

Company B suddenly realized that they had 1,000 dolls in storage, and when they
contacted Company A they discovered that Company A isn’t even making the dolls.
While Company B might not have suffered a financial loss, Company A clearly deceived
them.

Company B might not have made a second contract with Company A and might have
intended to break the contract, but it doesn’t take away from the fact that Company A
formed the contract based on fraud/deception. In this case, Company B could be awarded
nominal damages for the deception.

Temperate damages – may be recovered if the court finds that some pecuniary loss
has been suffered by its amount cannot, from the nature of the case, be proved with
certainty.
Example: 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.
Liquidated damages – those agreed upon by the parties to a contract, to be paid in
case of breach.
Example: if a party in a contract were to leak supply chain pricing information that
is vital to a business, this could fall under liquidated damages.
4. What is the principle of Damnum Absque Injuria?
Although a person bears consequence of the act cause by another person, he
cannot be compensated because the damage given is without injury.
Example: Opening a business near someone else’s business that will create a
competition and chances to lose customers.
5. Should amount of damages be proved?
Amount of damages should be proved in actual damages. Because in this case,
there is a specific amount of loss suffered by an injured party.
6. When actual damages need not be proved?
When there is: a.) Liquidated damages previously agreed upon; b.) If damages
other than actual are sought; c.) Forfeiture of bonds in favor of the government for the
purpose of promoting public interest or policy; and d.) Loss is presumed
7. What are the kinds of actual damages?
There are two kinds of actual damages. 1.) General damages – natural, necessary
and logical consequences of a particular wrongful act which result in injury; need not be
specifically pleaded because the law itself implies or presumes that they resulted from the
wrongful act; and 2.) Special damages – damages which are the natural, but not the
necessary and inevitable result of the wrongful act; an example would be attorney’s fees.
8. What are the Damages in case of death? (Expound each)

1. Moral damages – moral sufferings obtained by the heirs of the deceased person
caused by the defendant.
2. Exemplary damages – when aggravating circumstances are present.
4. Indemnity for death – to compensate the actual damages of the heirs caused by
the death of the deceased.
5. Indemnity for loss of earning capacity – actual damages for loss of profits
8. Liability in cases of Contracts and quasi contracts?

In cases of contracts and quasi contracts, actual damage is the only liability. The
amount should be that which would put the plaintiff in the same position as he would
have been if he had not sustained the wrong for which he is now getting compensation or
reparation.

9. What are the requisites for the recovery of moral damages?

The requisites are: Plaintiff must alleged and prove the factual basis for moral
damages and the causal relation to the defendant’s act.

10. Cases when attorney's fees can be awarded?

Attorney’s fees may be awarded only when a separate civil action to recover civil
liability has been filed or when exemplary damages are awarded.
The reason for this is that there is no attorney in a criminal case, only a public prosecutor,
who is compensated by the government
12. When exemplary damages are recoverable?
 In  criminal  actions,  when  the  crime  was  committed  with  one  or more
aggravating circumstances. In quasi-delicts, if the defendant acted with gross negligence.
In contracts and quasi-contracts, if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.
13. Can exemplary damages be renounced in advance? (Give Reason) 

Under Article 2235, stipulation whereby exemplary damages are renounced shall
be null and void. Because the court shall be the one to determine whether it is proper to
award such or not.