DAMAGE

DAMAGE The detriment, injury or loss

which are occasioned by

reason of fault of another in

the property or person.DAMAGES The pecuniary compensation,

recompense or satisfaction

for an injury sustained or as

otherwise expressed, the

pecuniary consequences

which the law imposes for the

breach of some duty or

violation of some rights.DAMNUM ABSQUE INJURIA (Damage

Without Injury) A person may have suffered

physical hurt or injury, but

for as long as no legal injury

or wrong has been done,

there is no liability. There is no liability even if

there is damage because

there was no injury. There can be damage without

injury. In order that a plaintiff may

maintain an action for the

injuries of which he

complains, he must establish

that such injuries resulted

from a breach of duty which

the defendant owed to the

plaintiff.Injury Damage DamagesLegal

invasion of

a legal

rightNOTES:Loss, hurt

or harm

which

results

from the

injuryThe recompense

or

compensation

awarded for

the damage

suffered A

complaint for damages is a personal MEMORY AID IN CIVIL LAWaction. (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. A ctual or Compensatory2. M oral3. N ominal4. T emperate or moderate5. L iquidated6. E xemplary or correctiveA. 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 possesses2. Lucro cessante failure to receive as a benefit that would have

pertained to himNOTE: 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. In crimes and quasi-delict, the

defendant shall be liable for all

damages which are the natural and

probable consequences of the act

and omission complained of. It is not CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaiza Hassiman, Dorothy Gayon

SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora

Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),

John Stephen

Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony

Purganan(LTD),

Ma. Ricasion Tugadi (Conflicts of Law)255San Beda College of Law necessary that such damages have

been foreseen or could have

reasonably foreseen by the

defendant. (Article 2202 Civil Code) The amount should be that which

would put plaintiff in the same

position as he would have been if he

had not sustained the wrong for

which he is now getting his

compensation or reparation. To recover damages, the amount of

loss must not only be capable of

proof but must actually be proven. Uncertainty as to the precise amount

is not necessarily fatal.LOSS OF EARNING CAPACITY: Variables considered are:

1. life expectancy

2. net income/earningsFormula: {2/3 x (80age of death)} x mo. Earnings x 12

2 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.InterestsMEMORY AID IN CIVIL LAW Award of interest in the concept of

actual and compensatory damages

actual damages. The rate of interest, as well as the

accrual thereof is imposed as

follows:

1. When the obligation is breached and it consist of payment of sum

of money, i.e., a loan or

forbearance of money:a. The interest due should

be that which may have been

stipulated in writing;

furthermore, the interest

due shall itself earn legal

interest from the time it is

judicially demanded.

b. In the absence of

stipulation, the rate of

interest shall be 12% per

annum to be computed from

default, i.e., from judicial or

extra-judicial demand under

and subject to the provisions

of Article 1169 of the Civil

Code.2. When the obligation, not

constituting a loan or

forbearance or money, is

breached: An interest on

the amount of damages to be

awarded may be imposed at

the discretion of the court at

the rate of 6% per annum. No interest

shall be adjudged on

unliquidated claims or

damages, except when or

until demand can be

established with reasonable

certainty. Where the

demand is established with

reasonable certainty, the

interest shall begin to run

from the time the claim is

made judicially or

extrajudicially.3. When the judgment of the court

awarding the sum of money

becomes final and executory, the

rate of legal interest shall be 12% CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaiza Hassiman, Dorothy Gayon

SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora

Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),

John Stephen

Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony

Purganan(LTD),

Ma. Ricasion Tugadi (Conflicts of Law)256San Beda College of Law per annum from such finality

until its satisfaction.Doctrine of Avoidable Consequences A party cannot recover damages

flowing from consequences which

the party could reasonably have

avoided. It has a reasonable corollary: a

person who reasonably attempts to

minimize his damages can recover

the expenses that he incurred.Doctrine of

Avoidable Consequences

Contributory Negligence

Acts of the plaintiff occur

after the act or

omission of the

defendantPlaintiffs act or

omission occurs

before or at the

time of the act or

omission of the

defendantB. 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 actEXCEPTION: 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;MEMORY AID IN CIVIL LAW4. 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)CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaiza Hassiman, Dorothy Gayon

SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora

Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),

John Stephen

Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony

Purganan(LTD),

Ma. Ricasion Tugadi (Conflicts of Law)257San Beda College of Law 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.F. EXEMPLARY OR

CORRECTIVE

DAMAGES Imposed by way of example

or correction for the public

good, in addition to the

moral, temperate, liquidated

or compensatory damages. Requisites for the award of

exemplary damages:

1. They are imposed by way of example in addition to

compensatory damages

and Imposed only after

the claimants right to

them has been

established;2. They cannot be

recovered as a matter of

right, their

determination depending

upon the amount of

compensatory damages

that may be awarded;3. The act must be

accompanied by bad

faith or done in wanton,

fraudulent, oppressive or

malevolent manner.MEMORY AID IN CIVIL LAWCIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaiza Hassiman, Dorothy Gayon

SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora

Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),

John Stephen

Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony

Purganan(LTD),

Ma. Ricasion Tugadi (Conflicts of Law)