Other damages: impt to distinguish them. SIMPLE!

easiest is moral damages, since many cases discuss when moral damages awarded. Cariaga for example due to physical suffering of complainant. First question to be answered: is pecuniary loss required? NO, no need to prove. What is basis of award? Cases are persuasive, but not holding. Impt to state in pleadings and for witnesses to testify in court. Judge must see. When witness says suffered sleepless nights. Allegation not enough. Magpakaawa sa judge. Discretion with the judge. If lose in the lower court, can rely on pleadings in appellate court. When MD awarded? enumeration: phys suffering, mental anguish, fright, etc. Leeway in when can claim moral damages. Suffering proximate cause must be the act complained of. Can you validly interpose a defense that complainant manic-depressive, paranoid, psychotic, claustrophobic? Own condition and not situation? Think about it. Own characteristic v fault of another? Remember. When it comes to loss of property, ex, prove the sentimental value of thing, what may be valuable to mr flores may not be valuable to mr ruaro. Nominal Damages: just by way of example, Zulueta was offloaded to place w/o access to transpo. Aggravating for him, deprived tof liberty etc. nowadays, airlines can validly exclude people from aircrafts for being annoying. Why? remember test of negligence. Ordinary prudent person test changed. more prudent now for airlines to scrutinize passengers for safety reasons, situations where otherwise normal, prudence has led to certain incidents. may be overreaching. like airport personnel. challenge is harder now. say, you are frisked at airport. take note of test of ordinary prudent person. even if negligent practice, will not show exercising prudence. Temperate v Nominal D: remember actual? there is pecuniary loss. must prove. in T/MD more than nominal but less than actual. some pecuniayr loss, but due to nature of loss, cannot be provided with certainty. in ND, no pecuniary loss, but there is right violated. why awarded? vindication of right, symbolic recognition that right had been violated. applicabel for all sources of obligation. TMD: practice: that should be the extension. rule is that if there is pecuniary loss, there should be a way to quanitify it. when court exercises discretion, based on way presented the case. cannot impose a number on the court, depends on the particular facts of the case. Liquidated damages: purely contract law. how get? based on stipulation of parties only! in practice, in comml law, this is the norm. in contracts you can see liquidated damages. example: lease contract pre-terminated, lost rents constitute LD. cannot have that in quasi-contracts, crime, QD since purely contractual. may be an indemnity, even a penalty. not need to state what the purpose is, but that is concept of parties. can have court declare unconscionable or iniquitous. ph courts apply equity. another manifestation of hybrid jurisdiction. LD may be for breach of entire contract or for very specific breach of a provision. LD must be recovered based on specific provision breach. all contracts. obligation to do and obligor has to do it, substituted performance, cost incurred may be charged against obligor = LD = not stated how much it is; AD actually. LD since predetermined amount, or standard. ex. making reference to a third party. Exemplary/Corrective: correction or example, public policy consideration. for the public good. want to make a person serve as an example so other people won't emulate them. in addition to MD, T, L, N damages. in crime: aggravating circs. in QD: gross negligence, since equated with bad faith. if defendant acted in wanton, fraudulent, oppressive, malevolent manner. discretion of the court. before entitled, must show entitled to other damages first. what if LD stipulated, don't need to prove actual loss since already stated + can ask for ED. when cannot awarded ED? Think about it. Can have ND and ED awarded, considering that ED needs wanton, malevolent, oppressive, fraudulent manner? Can stipulate to waive right to ED? No. related to cannot waive future fraud.

equal standing. knowledge of a wrong, of a right you are violating. No need to prove pecuniary loss to be awarded pecuniary damages.