- CASIS A2010 REVISED MAGIC NOTES c(~_
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Fr academic pt of view: it matters!
AQUINO (pp. 842-843)
-Reason behind the NCC Title on Damages: to see to itthat whenever a right is transgressed, every manner of loss or injury is compensated for in some way or another.-A2195, NCC: provisions on damages are applicable toall obligations regardless of source (delict, QD, contract,or quasi-contract).-A2196: rules under title of damages are w/o prejudiceto special provisions on damages provided elsewhere inthe Code.-A2198: principles of general law on damages areadopted insofar as they are not inconsistent with theNCC.-Indemnity has to be proportionate to the fault and to theloss caused thereby.-In actions for damages, courts should award an amount(money value) to the winning party and not its equivalentin property.
SANCO, (pp. 940-941)Basis of Law:
introduced in NCC mostly from AmericanLaw since they were either not expressly recognized or rarely allowed under old code, particularly on subject of moral damages
Scope of applicability of provisions on damages:
applicable to all obligations arising from sourcesenumerated in A1157, NCC, without prejudice to specialprovisions on damages formulated elsewhere in saidcode.-don’t apply to compensation of workmen and other employees in cases of death, injury or illness-in other special laws: same rules observed insofar asnot in conflict with Civil Code
Concept of damages:Damages:
the sum of money which the law awards or imposes as pecuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as aconsequence of a breach of a contractual obligation or atortious act-pecuniary consequences which law imposes for breachof some duty or violation of some right.
compensatory, punitie, liquidated damages(damages recoverable upon breach of a contract, asstipulated by the parties), nominal damages (given invindication of a breach of duty which does not result inany actual or pecuniary damages)
Damage, damages, injury: material distinctionsInjury:
Illegal invasion of a legal right
loss, hurt, or harm which results from aninjury; in a popular sense, it is the depreciation in value,regardless if caused by a wrongful or legal act; asdefined by statutes providing for damages: actionableloss, injury or harm which results from unlawful act,omission or negligence of another -not synonymous to example, fine, penalty, punishment,revenge, discipline, chastisement
recompense or compensation awarded for damages suffered.
loss of money or something by whichmoney or something of money value may be acquired
People v Ballesteros
Ballesteros et al were convicted of murder.They were ordered to pay actual, compensatory, andmoral damages to the heirs of the deceased.
WON damages were correctly awarded. YES
may be defined as the pecuniarycompensation, recompense, or satisfaction for an injurysustained, or as otherwise expressed, the pecuniaryconsequences which the law imposes for the breach of some duty or the violation of some right.
are those awardedin satisfaction of, or in recompense for, loss or injurysustained. The party claiming such must present thebest evidence available such as receipts.
may be invoked when the complainanthas experienced mental anguish, serious anxiety,physical suffering, moral shock and so forth, and hadfurthermore shown that these were the proximate resultof the offender’s wrongful act or omission.
Custodio v CA
Custodio et al built an adobe fence making thepassageway to Mabasa’s apartment narrower. Mabasafiled a civil action for the grant of easement of right of way against them. CA, aside from granting right of way,awarded damages to Mabasa.
WON award of damages was proper. NO
In the case at bar, although there was damage,there was no legal injury. Custodio et al’s act of constructing a fence within their lot is a valid exercise of their right as owners.
is the illegal invasion of a legal right.
isthe loss, hurt or harm, which results from the injury.
are the recompense or compensationawarded fro the damage suffered. Thus, there can bedamage without injury in those instances in which theloss or harm was not the result of a violation of a legalduty. These situations are often called
. In such cases, the consequences mustbe borne by the injured person alone.
b. Damnum absque injuria
AQUINO (pp. 843-845)
-“There is no liability even if there is damage becausethere was no injury.” Mere damage without injury doesnot result in liability.-A related maxim is
qui jure suo utitir nullum damnumfacit –
one who exercises a right does no injury.
Custodio v CA,
“Thus, there can be damage without injury in thoseinstances in which the loss or harm was not the result of a violation of a legal duty. These situations are oftencalled
damnum absque injuria
B. History and DevelopmentAQUINO (pp.1-5)
“Tort” provisions in our NCC were derived from Spanish,French and Anglo-American Law. Therefore, RP SCborrows heavily from decisions of the Court in other countries especially Spain and US and relies fromannotation of foreign author.