Damages

Jurisprudence : pecuniary compensation

Award is monetary

Anchored on pecuniary loss ( you have economic laws)

To recover damages

 Need to prove injure

 Show consequence of the breach of an obligation
 Caused by the defendant

General rule only that you are able to prove

Actual damage -what you actually suffered because you lost it

-show receipts to recover

Damnum emergens

Failure to receive what you should have received

Nominal

- You have a right that is invaded but not capable of pecuniary estimation
- Rights violated but does not have economic damaged

Temperate damage

- Can no longer estimated

Ong vs CA

Testimony must be offered

Injury on limb is incapable of pecuniary estimation

Physical injury not actual damage but moral damage

Unrealized income best evidence available

Gr if evidence available but not presented is struck down ( unless those minimum wage earners)

Courts can take judicial notice when no obtainable evidence can be acquired

- If the person is self-employed and earning less than the minimum wage
- Daily worker earning less than minimum wage

If you win a case does not entitle you to atty’s fees

2197

Gr: only pecuniary rules actually pleaded, suffered and proved

Except other damages

General principles of recover

Natural and probable consequences:

Everything that can be attributed to the violation of the law

Reasonably attributed its going to be the violator

Liability under quasi delict anchored on proximate cause

Liable for act or omission lead to the damage on the part of the plantiff

Breach or not the doctrine of proximate cause is not applicable

Air france prove entitlement need to prove breach by itself does not entitle you to damges there must
be bad faith
Dichoso case – actual or compensatory cannot be presumed

Pal – moral damages are awarded if there is fraudulence or bad faith

Even if you win in the rtc and the ca

Special laws will be applicable when they are so deemed or stated

In cases for workmen or anything under the labor law then labor rules will apply

Damages for intellectual property violations

To put you back where you were before injury

Damages not applicable

What are covered under actual damages

Civil indemnity- quasi delict or crime(People vs Jugeta)

New rules: 50-100k pesos if consummated attempted (crime punishable by death)

Damage to or loss of property:

If personal based on the value at the time of destruction (fair market value at time of destruction

Value for the loss due to use

Personal injury

Track of all receipts

Need expert testimony( for feasibility and practicability)

Future medical expenses( lumpsum

Loss of earning capacity

How much they actually earn in a month multiplied by number of months immobilized reacon from the
time he is able to work
Interest and attys fees within the limits provided by law

Damages in case of death

The civil indemnity for death

Anything that has been spent

Judicial 50k one time fee

Moral, exemplary atty’s fees and damages