DAMAGES

Damage: It includes any and all damages that a human being may suffer in any and all manifestations of his life; physical or material, moral or psychological, mental or spiritual, financial, economic, social, political, religious. Effect of non-payment of filing fee: If plaintiff failed to pay filing fees for the damages claimed, the court acquired no jurisdiction over the claims. However, compulsory counterclaims for damages and attorney’s fees are not subject to payment of filing fees. No filing fee is required for actual damages. Application of the provision on damages: Damages may be imposed to all obligations mentioned in Article 257 namely: 1) Law; 2) Contracts; 3) Quasi-contracts; 4) Acts and omissions punished by law; and 5) Quasi-delicts. Damages may also be had against those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravenes the tenor thereof. The delay in the performance must be either malicious or negligent. Special Provisions on Damages: In case of conflict between the Civil Law and special laws, the former prevails insofar as issues of damages are concerned. Compensation for workmen and other employees in case of death, injury or illness shall be regulated by special laws and not by the Civil Code. It has been held by the Supreme Court that the

Sign up to vote on this title
UsefulNot useful