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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 -in all obligations ennumerated in Art. 1157 -left to the discretion of the court according to the circumstances of the case. -not as an equivalent of wrong inflicted, but simply in recognition of the existence of a technical injury -in the absence of competent proof of actual damages -nominal damages cannot co-exist with actual or compensatory damages. Temperate and Moderate Damages -Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty. -must be reasonable under the circumstances. -can and should be awarded on top of actual or compensatory damages in instances where the injury is chronic and continuing. Liquidated Damages -are those agreed upon by the parties to a contract, to be paid in case of breach thereof. -the court cannot change the amount of liquidated damages agreed upon by the parties. -whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. -when the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation. Exemplary or Corrective Damages - are required by public policy to suppress wanton acts. They are antidotes so that the poison of wickedness may not run through the body politic. - imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. Requisites: 1. They may be imposed by way of example in addition to compensatory damages, and 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 to the claimant; 3. The act must be accompanied by bad faith or done in wanton, fraudulent, oppressive or malevolent manner.

Must be given when: 1. when the crime was committed with one or more aggravating circumstances 2. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence 3. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner 4. the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded (in cases of liquidated damages, proof must be shown that moral, temperate, actual or compensatory damages are due). 5. A stipulation whereby exemplary damages are renounced in advance shall be null and void. Attorneys Fees Art. 2208. In the absence of stipulation, attorneys fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendants act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiffs plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmens compensation and employers liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorneys fees and expenses of litigation should be recovered.

In all cases, the attorneys fees and expenses of litigation must be reasonable.

Almeda v. Carino Carino-Seller Almeda- Buyer 8 titled land, 3 untitled, Nominal Damages- Almeda claims he did not act malevolently or otherwise Court says he didnt need to: Its award is thus not for the purpose of indemnification for a loss but for the recognition and vindication of a right, also, they are not treated as an equivalent of a wrong inflicted but simply a recognition of the existence of a technical injury

Attorneys Fees- attorney's fees and litigation expenses can berecovered in cases where the court deems it just and equitable. See number 11 on attorneys fees, they were forced to litigate after 2 demands and 2 lawyers for A GODDAMN DECADE. (Almeda had 16, but only to delay the trial)

Interest Rate- they stipulated on 12%, actually. And when the judgment of the court awarding the sum of money becomes final and executory, a 12% legal interest per annum shall also be imposed from such finality until satisfaction thereof, this interim period being deemed to be by then an equivalent to a forbearance of credit. Agabon V. Riviera Inc Illegal dismissal their dismissal was for just cause but had a procedural infirmity: they were not notified. The dismissal should be upheld but the employer is liable. Nominal Damages- the violation of petitioners right to statutory due process. (30k in this case) Araneta V. Bank of America Aranetas checks for 500 and 150 dollars were wrongfully dishonored. It happened before when a check for 500 was also dishonored. After the last checks, he filed a case against the Bank of America. He asked for Actual, moral, temperate, exemplay and attorneys fees as damages, all given by the RTC. When on appeal, the CA removed actual and temperate, and lessened the others, he appealed to the SC where the temperate was returned (but not the actual, because it was not of appellate jurisdiction and was evidence for the lower courts.) For instance, injury to one's commercial credit or to the goodwill of a business firm is often hard to show with certainty in terms of money-temperate damages Yes, besmirched rep is moral damages, but BOA did its best to repair the damages. Considering the fact that it went all the way to the SC, attorneys fees. DeGuzman V. Tumolva

Deguzman had an orphanage with a perimeter fence made. Contractor Tumolva made it with deviations. When milenyo struck, the fence was destroyed, tumolva claimed act of God and wanted negotiations, elder lady Degz didnt want to talk. As to actual damages, SC: heck noooo. Engineer should take the stand and swear as witness. Not just calculations and affidavits. As to temperate damages: Undoubtedly, De Guzman suffered pecuniary loss brought about by the collapse of the perimeter fence by reason of the Contractor's negligence and failure to comply with the specifications. As she failed to prove the exact amount of damage with certainty as required by law, the CA was correct in awarding temperate damages, in lieu of actual damages. As to moral damages: Her testimony, however, did not provide specific details of the suffering she allegedly went through after the fence collapsed while she was miles away in the United States As to exemplary: there is negligence on the part of Contractor, but it is neither wanton, fraudulent, reckless, oppressive, nor malevolent. The Court regards the deviations as excusable due to the unavailability of the approved construction materials. Besides, these were made known to De Guzman's project manager who was present all the time during the construction. Indeed, no deliberate intent on the part of the Contractor to defraud the orphanage's benefactors was ever shown, much less proved. Radio Wealth Finance Sps. Del Rosario borrowed money and failed to pay it. THERE WAS NO DATE OF PAYMENT ON PN. A late payment penalty charge of two and a half (2.5%) percent per month shall be added to each unpaid installment from due date thereof until fully paid. On the contrary, the Note expressly stipulated that the debt should be amortized monthly in installments of P11,579 for twelve consecutive months. While the specific date on which each installment would be due was left blank, the Note clearly provided that each installment should be payable each month. Furthermore, it also provided for an acceleration clause and a late payment penalty, both of which showed the intention of the parties that the installments should be paid at a definite date. Had they

intended that the debtors could pay as and when they could, there would have been no need for these two clauses. 25%liquidated damages was inuquitous and unconscionable.