05-30-2021
file? MTC
DAMAGES
Damages
Awarded to
Men
After
Getting
Economical
Sufferings
General Principle on Awarding
Damage (APEC)
A – award must be fair, just and
commensurate to the damage
 Hindi pwede na isang daliri/kuko
ang natanggal, you would ask for
P 1M damages  unfair
P – Proximate Damages and not
speculative
 Ex. yung anak (mo) magaling
mag compute, pwede maging
CPA  side swiped by a bus 
can you ask a damage based on
the income of a CPA? NO
o Speculative, you cannot
ask loss of income of
possible CPA
E – Evidence (supported)
 May resibo ka dahil nagpa
ospital/libing ka
C – Court jurisdiction is determined on
amount claims
 If in the NCR and other chartered
cities, the amount of damages
does not exceed P400,000.00
and outside NCR does not
exceed P 300 000, where will you
 If it exceed P400 000 or
P300,000  RTC
 PROVIDED, the principal action
is ONLY FOR DAMAGES
o If nag file ka breach of
contract tapos collateral
lang ang damages  RTC
– the action is not capable
of pecuniary estimation
Pajares v. Remarkanble Laundry
 Total claim for damages was P
280,000 – lawyer file the case to
the RTC. Q: Saan ifa-file? MTC
 RTC dismissed the case, lawyer
filed for certiorari
KIND OF DAMAGES (MENTALIA)
Moral Damages
 There is no hard and fast rule in
awarding moral damage
 Why? Because these are
unliquidated, it beyond exact
pecuniary estimation
 Ex. Besmirched reputation,
wounded feelings, etc.
 Based on the testimony of the
witness
Factors in awarding Moral Damages
1. Mental anguish
 Kung nanay ako, isa pinatay
(baril), isa sinunog ng buhay,
which has more mental anguish?
Yung sinunog ng bahay
2. Political, social, financial status
 Ako and si Pacquiao binastos sa
social media, between the two,
who has the higher moral
 damages? PACQUIAO b/c of
political standing
3. Sentimental value
 Wedding ring was stolen, high
moral damages since the ring has
a high sentimental value
Q: Can we ask moral damages if the
victim is a juridical entity? i.e.
Corporation
G.R.: Only natural persons can
experience humiliation/mental anguish.
Corporation cannot experience such.
(Lopez v. Pan-Am Airways)
XPN: Nevertheless, a corporation
can still claim moral damages if it
fall under item 7 of Art. 2219 of
the civil code – expressly states
that it can recover moral
damages under libel , slander or
course of defamation. A
corporation can file if it results to
the besmirched reputation of the
company (Rep. vs. Tuvera)
Exemplary Damages
 ang exemplary laging nakahiga
kay moral. If you are entitled to
moral damages, there is a 100%
possibility that you are also
entitled to exemplary damages
o binibigay ang exemplary
damages para hindi ka
pamarisan ng madling
people
 Once you proved that you are
entitled to moral damages and
other damages, possibly, you can
also be entitled to exemplary
damage
 Exemplary damages is a
corrective damage for public
good
Nominal Damage
 Pakonswelo package
 You’re awarded because there
some rights violated
BPI Investment vs. CA
 May pagkakamali ang BPI.
Napahiya ng claimant.
 BPI insisted that claimant
has not yet paid their
mortgage based on the
Deed of mortgage
 There was negligence on
the part of the BPI for the
purposes of knowing the
client’s standing.
 They failed to inspect the
records of the bank
resulting to the violation of
some rights of the client
Temperate Damages
 Actual damages that cannot be
proven provided that there is no
negligent on the part of the
claimant
 Ito sana ang damages na dapat
actual, pero without your fault,
you were not able to do so.
o E.g. pamasahe sa jeep -
estimate
 There is no negligence on your
part, that your failure to prove
with certainty the damage you
incurred, was your fault
 Barzaga v CA
o You are only entitled to
temperate damages if the
actual amount cannot be
proven as an actual
damage without your fault.
If you have the chance or
receipts pero nakalimutan
 mo, you cannot file for
temperate damages
Actual Damages
 Lahat lahat ng pwede mong
mapatunayan sa korte i.e. resibo
nung na ospital ka, resibo sa
punenarya
 Adequate compensation if the
pecuniary loss is actually
suffered, proved and computed
 How do you prove actual
damages?
o Receipt
o Contracts, etc.
2 types of Actual Damages
1. Damnum emergens
 Yung value ng Nawala sayo
because of the tort
2. Lucrum Cessans
 Unrealized profits
Example: Si Pedro naglalakad sa EDSA
biglang nabangga. Si Pedro ay
namatay.
Actual loss: Funeral services
Kung si Pedro nabundol, namatay sya, 1
hr. sana, he was about to receive a
commission (real estate agent), hindi
nya nakuha, Nawala – example of
lucrum cessans
People v. Degoma
 Receipts not related with the
actual death are not included.
Remember what is being
compensated here are actual,
proved, and computed
damages. Collateral or unrelated
damages or amounts, will never
be part of actual damages
Example: Reckless imprudence
resulting to homicide
 Funeral Expenses – included
 Flowers – not included, not
proximate expenses related to
the death of the victim
Liquidated Damages
 They are example of penalties
included in the contract –
considered to be valid
 Example: Breach of contract, the
defendant shall pay 1% every
year of default
 Is it valid? Yes, for as long as the
same is not too unconscionable
or onerous
 There is no more usury law in the
Philippines. Any interest can be
valid for as long as in case of
breach it would not be
unconscionable
o Under the BSP circular, in
case there is no stipulated
interest, the legal interest
would be 6%
Attorney’s Fees
 Is it awarded to the lawyer or to
the party? Party
o Iba yung attorney’s fees sa
professional fee and as a
form of damages
o Deemed awarded to the
party because of the bad
faith of the other party
which made them litigate
the case
  GR: Attorney’s fees are awarded
to the party and not the lawyer
o XPN: They agreed for it to
make it as a contingency
fee  attorney

GROUNDS TO MITIGATE DAMAGES

A. Contributory Negligence – 20%

B & C. If the plaintiff did some benefits

that resulted to breach

 Example: There is a breach of

contract, plaintiff benefitted from
such breach  lessened

D. In case exemplary damages are to be

awarded and defendant acted upon
advice of the counsel

E. Example nabangga ka, yung

nakabangga dumadalaw, nagbibigay ng
tulong  damages would be lessened