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Special/Ordinary

Ordinary

NOTE: Ordinary Damages are those generally inherent in a breach of a typical
contract

MORAL DAMAGES
Purpose

Awarded only to enable the injured party to obtain means, diversion or amusement
that will alleviate the moral suffering he has undergone, by reason of defendants
culpable action. (Robleza v. CA, 174 SCRA 354)

Manner of Determination

No proof of pecuniary loss is necessary. The assessment is left to the discretion of
the court according to the circumstances of each case. However, there must be
proof that the defendant caused physical suffering etc. (Compania Maritima v. Allied
Free Worker’s Union, G.R. No. L-31379, Aug. 29, 1988). GR: Factual basis must be
alleged. Aside from the need for the claimant to satisfactorily prove the existence of
the factual basis of the damages, it is also necessary to prove its causal relation to
the defendant’s act (Raagas v. Trava, G.R. No. L-20081, Feb. 27,1968; People v.
Manero, G.R. Nos. 86883-85, Jan. 29, 1993).

Exception: Criminal cases. Moral damages may be awarded to the victim in criminal
proceedings in such amount as the court deems just without need for pleading or
proof of the basis thereof (People v. Paredes, July 30, 1998).

Special/Ordinary Special . (Tan v. 473 SCRA 663) Manner of Determination No proof of pecuniary loss is necessary. circumstances.Special/Ordinary Special NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. NOMINAL DAMAGES Purpose Vindicating or recognizing the injured party’s right to a property that has been violated or invaded. Usually awarded in the absence of proof of actual damages. Bantegui. Proof that a legal right has been violated is what is only required.

be proved with certainty. . the judge is empowered to calculate moderate damages rather than let the complainant suffer without redress. No proof of pecuniary loss is necessary. 365 SCRA 341) Manner of Determination May be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot.NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. circumstances. circumstances. Labung-Deang. Special/Ordinary Special NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. from the nature of the case. (GSIS v. TEMPERATE DAMAGES Purpose When the court is convinced that there has been such a loss.

Special/Ordinary Special NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded (Art. No proof of pecuniary loss is necessary. Orilla. 422 SCRA 620) . circumstances. NCC). EXEMPLARY/CORRECTIVE DAMAGES Purpose Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings. either by way of penalty or in order to avoid controversy on the amount of damages. 1228.LIQUIDATED DAMAGES Purpose Liquidated damages are frequently agreed upon by the parties. (People v. Manner of Determination If intended as a penalty in obligations with a penal cause.

fraudulent. and 2.Manner of Determination 1. That the claimant is entitled to moral. circumstances. Special/Ordinary Special NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. . or the quasi-‐delict was committed with gross negligence. temperate or compensatory damages. or in contracts and quasicontracts the act must be accompanied by bad faith or done in wanton. That the crime was committed with 1 or more aggravating circumstances. oppressive or malevolent manner. No proof of pecuniary loss is necessary.