A CT U A L D A M A G ES

DAMAGES - CHAPTER 2
O RTE R: IVY V . BUSTA MANTE
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 ACTUAL AND
COMPENSATORY DAMAGES

- are those recoverable because of pecuniary loss – in business,

trade, property, profession, job or occupation.
Article 2199, Civil Code
• Except as provided by law or by stipulation, one is entitled to an
adequate compensation only for such pecuniary loss suffered by
him as he has duly proved. Such is referred to as actual or
compensatory damages.
 Actual Damages
are such compensation or
damages for an inquiry that will put
the injured party in the position in
which he had been before he was
injured.
 REQUIREMENTS FOR THE GRANT OF ACTUAL DAMAGES

•To prove with reasonable degree of certainty

•Premised upon competent proof
•On the best evidence obtainable by the injured party, the
actual amount of loss
The burden of proof of the damages suffered is on the
party claiming the same. It is the duty of petitioner to present
evidence to support his claim for actual damages.

He must establish his case by a preponderance of evidence

which means that the evidence, as a whole, adduced by one side is
superior to that of the other.
Baliwag Transit Inc. v. CA, et al.
G.R. No. 116110, May 15, 1996

To prove actual damages, the best evidence available to

the injured party must be presented. The court cannot
rely on the uncorroborated testimony whose truth is
suspect, but must depend upon competent proof of
damages have been actually suffered.
David v. CA, et al.
G.R. Nos. 111168-69, June 17, 1998

Only expenses supported by receipts and which appear to have been actually
expended in connection with the death of the victim should be allowed. The award
of actual damages cannot be based on the allegation of a witness without any
tangible document to support such claim.
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- Ivy Bustamante -
 COMPON E N TS O F
A CT U A L D A M A GES
s th e a w ar d of ac t u al
k 4 o f th e Civ il C od e g overn
Chapter 2, Title 18, Boo ges.
o r c om pe ns ato ry d am a
O R TE R: JU AN ITO BU L A H A N
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The indemnification shall comprehend not
only the value of the loss suffered, but also
that of the profits that the oblige failed to
obtain.
 TWO KINDS OF ACTUAL OR
COMPENSATORY DAMAGES

• Loss of what a person already • Failure to receive as a benefit that

possesses which would have pertained to him

Producers Bank of the Phils, v. CA, 365 SCRA 326, 2001

IN CONTRACTS AND QUASI-CONTRACTS
In contracts and quasi-
contracts, the damages
which may be awarded are
dependent on whether the
obligor acted with good
faith or otherwise.
 In case of good faith, the damages
recoverable are those which are the
natural and probable consequences of
the breach of the obligation and which
the parties have foreseen or could have
reasonable foreseen at the time of the
constitution of the obligation.
If the obligor acted with fraud, bad faith,
malice, or wanton attitude, he shall be
responsible for all damages which may be
reasonably attributed to the non-performance of
the obligation.
Article 2201, Civil Code
IN QUASI-DELICTS
Actual damages include all the natural
and probable consequences of the act or
omission complained of.
Marikina Auto Line Transport Corporation v. People, et al., G.R. No 152040, March 31, 2006

Two kinds of actual or

compensatory damages:

daño emergente lucro cesante

• loss of what a person already •failure to receive as a benefit that

which would have pertained to him
possesses

- Juanito Bulahan -