Art. 2224.

Temperate or moderate
Temperate Damages

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 cannot, from
the nature of the case, be provided with
certainty.
Art. 2225. Temperate damages must be
reasonable under the circumstances.

These damages are awarded for pecuniary

loss, in an amount that, from the nature of
the case, cannot be proved with certainty.
REQUISITES

(1) Actual existence of pecuniary loss.

(2) The nature and circumstances of the loss prevents proof of the exact amount.

(3) They are more than nominal and less than compensatory.

(4) Causal connection between the loss and the defendant’s act or omission.

(5) Amount must be reasonable. In cases where the resulting injury might be continuing and
possible future complications directly arising from the injury, while certain
to occur are difficult to predict, temperate damages can and should be awarded on top of actual
or compensatory damages; in such cases there is no incompatibility between actual and temperate
damages as they cover two distinct phases [Ramos v. CA, supra].

Temperate damages are incompatible with nominal damages hence, cannot be granted concurrently
[Citytrust Bank v. IAC (1994)].

NOMINAL DAMGES
Vindicating or recognizing the injured party’s right to a property that has been violated or invaded.
Temperate damages are included within the context
of compensatory damages. [Tan v.OMC Carriers,].

The SC awarded temperate damages in lieu of

actual damages for loss of earning capacity where
earning capacity is plainly established but no
evidence was presented to support the allegation
of the injured party’s actual income [Pleno v. CA,
G.R. No. 56505 (1988).
Courts are authorized to award temperate
damages even in cases where the amount of
pecuniary loss could have been proven with
certainty, if no such adequate proof was
presented. The allowance of temperate damages
when actual damages were not adequately proven
is ultimately a rule drawn from equity, the
principle affording relief to those definitely
injured who are unable to prove how definite the
injury [Republic v. Tuvera, G.R. No. 148246
(2007)].
FACTORS IN DETERMINING AMOUNT

The SC awarded temperate damages where

from the nature of the case, definite proof of
pecuniary loss cannot be adduced, although the
court is convinced that the plaintiff suffered some
pecuniary loss. [De Guzman v. Tumolva, G.R.
No. 188072 (2011)].
 WHERE NO RECEIPTS WERE PROVIDED

Where the amount of actual damages cannot be

determined because no receipts were presented to
prove the same but it is shown that the heirs are
entitled thereto, temperate damages may be
awarded, fixed at P25,000.00. Considering that
funeral expenses were obviously incurred by the
victim’s heirs, an award of P25,000.00 as
temperate damages is proper [People v. Surongon
(2007)].
 Liquidated Damages
 
Art. 2226. Liquidated damages are those
agreed upon by the parties to a contract, to
be paid in case of breach thereof.

Art. 2227. Liquidated damages, whether

intended as an indemnity or a penalty, shall
be equitably reduced if they are iniquitous or
unconscionable.
It differs from a penal clause in that in the
latter case the amount agreed to be paid
may bear no relation to the probable
damages resulting from the breach.
Basically, a penalty is “ad terrorem,”
while liquidated damages are “ad
reparationem.”
REQUISITES AND
CHARACTERISTICS

(1) Liquidated damages must be validly

stipulated.
(2) There is no need to prove the amount
of actual damages.
(3) Breach of the principal contract must
be proved.
RULES GOVERNING BREACH
OF CONTRACT

Art. 2228. 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.
Kinds of Attorneys Fees

1. Ordinary – reasonable compensation paid to a lawyer by

this client for the legal services he has rendered to the latter.

2. Extraordinary – awarded by the court to the

successful litigant to be paid by the losing party as indemnity
for damages (Aquino v. Casabar, G.R. No. 191470, January
26, 2015). They are actual damages due to the plaintiff.
 
Payable not only to the lawyer but to the client,
unless they have agreed that the award shall pertain to the
lawyer as additional compensation or as part thereof
(Benedicto v. Villaflores, G.R. No. 185020, October 6, 2010).
Recovery of attorney’s fees as actual damages (1991,1994, 2002 BAR)
 
GR: Attorney’s fees cannot be recovered as actual damages.
 
XPNs:
1. Stipulation between parties;
2. Recovery of Wages of household helpers, laborers and skilled workers;
3. Actions for Indemnity under workmen's compensation and employer liability
laws;
4. Legal Support actions;
5. Separate civil action to recover civil liability arising from crime;
6. Malicious prosecution;
7. Clearly Unfounded civil action or proceeding against plaintiff;
8. When Double judicial costs are awarded;
9. When Exemplary damages are awarded;
10. Defendant acted in gross & evident bad faith in Refusing to satisfy plaintiff's
just & demandable claim; and
11. When defendant's act or omission Compelled plaintiff to litigate with third
persons or incur expenses to protect his interest(Art. 2208)
NOTE: If not pleaded and prayed for in the complaint,
attorney’s fees are barred (Tin Po v. Bautista, G.R. No.
L55514, March 17,1981).
 
Furthermore, moral damages and attorney’s fees cannot be
consolidated for they are different in nature and each must
be separately determined (Philippine Veterans Bank v.
NLRC, G.R. No. 130439, October 26, 1999).
 
Attorneys’ fees is not available when the defendantemployer
is not guilty of bad faith (Dalusong v. Eagle Clark Shipping
Philippines, Inc., G.R. No. 204233, September 3, 2014).
 
 
Contingency fee contract
 
One which stipulates that the lawyer will be paid for
his legal services only if the suit or litigation ends
favorably to the client. (2006, 2014 Bar)
 
Champertous contract
 
Is one where the lawyer stipulates with his client in
the prosecution of the case that he will bear all the
expenses for the recovery of things or property
being claimed by the client, and the latter agrees to
pay the former a portion of the thing or property
recovered as compensation. (2014 Bar)
Retaining Lien - right of the attorney to retain
the funds, documents, and papers of his client
which have lawfully come into his possession
until his lawful fees and disbursements have
been paid and to apply such funds to the
satisfaction thereof. (1996, 2004 Bar)

Charging Lien - right which the attorney has

upon all judgments for the payment of money,
and executions issued in pursuance of said
judgments, which he has secured in litigation of
his client.
 PEOPLE VS JUGUETA
Gr no. 202124 April 5, 2016
TRIAL COURT
in Criminal Case No. 7698-G
WHEREFORE and in view of all the foregoing,
the Court finds accused Ireneo Jugueta guilty
beyond reasonable doubt for Double Murder
defined and punished under Article 248 of the
Revised Penal Code and is hereby sentenced to
suffer Reclusion Perpetua for the death of Mary
Grace Divina and to indemnify her heirs in the
amount of Php50,000.00 and another to
suffer Reclusion Perpetua for the death of
Claudine Divina and accused is further ordered
to indemnify the heirs of Claudine Divina in the
sum of Php50,000.00. In addition, he is hereby
ordered to pay the heirs of the victims actual
damages in the amount of Php16,150.00 and to
pay for the costs.
SUPREME COURT
) In Criminal Case No. 7698-G,
the Court finds accused-appellant Ireneo
Jugueta GUILTY beyond reasonable doubt of two (2)
counts of the crime of murder defined under Article
248 of the Revised Penal Code, attended by the
aggravating circumstance of dwelling, and hereby
sentences him to suffer two (2) terms of reclusion
perpetua without eligibility for parole under R.A.
9346. He is ORDERED to PAY the heirs of Mary
Grace Divina and Claudine Divina the following
amounts for each of the two victims: (a) ₱100,000.00
as civil indemnity; (b) ₱100,000.00 as moral damages;
(c) ₱100,000.00 as exemplary damages; and (d)
₱50,000.00 as temperate damages.
TRIAL COURT
in Criminal Case No. 7702-G
WHEREFORE and in view of all the
foregoing, the Court finds accused Ireneo
Jugueta guilty beyond reasonable doubt
for Multiple Attempted Murder defined
and penalized under Article 248 in relation
to Article 51 of the Revised Penal Code
and is hereby sentenced to suffer the
penalty of FOUR (4) YEARS and TWO
(2) MONTHS of Prision Correccional as
minimum to EIGHT (8) YEARS and ONE
(1) DAY of Prision Mayor as maximum
for each of the offended parties;
SUPREME COURT
In Criminal Case No. 7702-G
the Court finds accused-appellant Ireneo
Jugueta GUILTY beyond reasonable doubt of
four (4) counts of the crime of attempted
murder defined and penalized under Article 248
in relation to Article 51 of the Revised Penal
Code, attended by the aggravating circumstance
of dwelling, and sentences him to suffer the
indeterminate penalty of four (4) years, two (2)
months and one (1) day of prision
correccional, as minimum, to ten (10) years and
one (1) day of prision mayor, as maximum, for
each of the four (4) counts of attempted murder.
He is ORDERED to PAY moral damages in the
amount of P50,000.00, civil indemnity of
P50,000.00 and exemplary damages of
PS0,000.00 to each of the four victims, namely,
Norberto Divina, Maricel Divina, Elizabeth
Divina and Judy Ann Divina.
SUPREME COURT

Accused-appellant Ireneo Jugueta is

also ORDERED to PAY interest at the rate
of six percent (6%) per annum from the
time of finality of this decision until fully
paid, to be imposed on the civil indemnity,
moral damages, exemplary damages and
temperate damages.
SUMMARY OF DAMAGES:
 
I. For those crimes like, Murder, Parricide, Serious Intentional
Mutilation, Infanticide, and other crimes involving death of
a victim where the penalty consists of indivisible penalties:
 
1.1 Where the penalty imposed is death but reduced to reclusion
perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
1.2 Where the crime committed was not
consummated:
 
a. Frustrated:
i. Civil indemnity – ₱75,000.00
ii. Moral damages – ₱75,000.00
iii. Exemplary damages – ₱75,000.00
 
b. Attempted:
i. Civil indemnity – ₱50,000.00
ii. Exemplary damages – ₱50,000.00
iii. Exemplary damages – ₱50,000.00
2.1 Where the penalty imposed is reclusion perpetua, other than the
above-mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
 
2.2 Where the crime committed was not consummated:
 
a. Frustrated:
i. Civil indemnity – ₱50,000.00
ii. Moral damages – ₱50,000.00
iii. Exemplary damages – ₱50,000.00
 
b. Attempted:
i. Civil indemnity – ₱25,000.00
ii. Moral damages – ₱25,000.00
iii. Exemplary damages – ₱25,000.00
II. For Simple Rape/Qualified Rape:

1.1 Where the penalty imposed is Death but reduced

to reclusion perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
 
1.2 Where the crime committed was not consummated
but merely attempted:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
2.1 Where the penalty imposed is reclusion
perpetua, other than the above-mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
 
2.2 Where the crime committed was not
consummated, but merely attempted:
a. Civil indemnity – ₱25,000.00
b. Moral damages – ₱25,000.00
c. Exemplary damages – ₱25,000.00
III. For Complex crimes under Article 48 of the
Revised Penal Code where death, injuries, or
sexual abuse results, the civil indemnity, moral
damages and exemplary damages will depend
on the penalty, extent of violence and sexual
abuse; and the number of victims where the
penalty consists of indivisible penalties:

1.1 Where the penalty imposed is Death but reduced

to reclusion perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
1.2 Where the penalty imposed is reclusion
perpetua, other than the above-mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
 
The above Rules apply to every victim who dies as a
result of the crime committed. In other complex
crimes where death does not result, like in Forcible
Abduction with Rape, the civil indemnity, moral
and exemplary damages depend on the prescribed
penalty and the penalty imposed, as the case may
be.
IV. For Special Complex Crimes like Robbery with
Homicide, Robbery with Rape, Robbery with Intentional
Mutilation, Robbery with Arson, Rape with Homicide,
Kidnapping with Murder, Carnapping with Homicide  or
Carnapping with Rape, Highway Robbery with Homicide,
Qualified Piracy, Arson with Homicide, Hazing with
Death, Rape, Sodomy or Mutilation and other crimes with
death, injuries, and sexual abuse as the composite crimes,
where the penalty consists of indivisible penalties:

1.1 Where the penalty imposed is Death but reduced

to reclusion perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
In Robbery with Intentional Mutilation, the amount of damages
is the same as the above if the penalty imposed is Death but
reduced to reclusion perpetua although death did not occur.
 
1.2 For the victims who suffered mortal/fatal wounds and could
have died if not for a timely medical intervention, the
following shall be awarded:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
 
1.3 For the victims who suffered non-mortal/non-fatal injuries:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
2.1 Where the penalty imposed is reclusion perpetua, other than the
above-mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
 
In Robbery with Intentional Mutilation, the amount of damages is the
same as the above if the penalty imposed is reclusion perpetua.
 
2.2 For the victims who suffered mortal/fatal wounds and could have
died if not for a timely medical intervention, the following shall be
awarded:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
 
2.3 For the victims who suffered non-mortal/non-fatal injuries:
a. Civil indemnity – ₱25,000.00
b. Moral damages – ₱25,000.00
c. Exemplary damages – ₱25,000.00
 
In Robbery with Physical Injuries, the amount of damages shall likewise be
dependent on the nature/severity of the wounds sustained, whether fatal
or non-fatal.
 
The above Rules do not apply if in the crime of Robbery with Homicide,
the robber/s or perpetrator/s are themselves killed or injured in the
incident.
 
Where the component crime is rape, the above Rules shall likewise apply,
and that for every additional rape committed, whether against the same
victim or other victims, the victims shall be entitled to the same damages
unless the other crimes of rape are treated as separate crimes, in which
case, the damages awarded to simple rape/qualified rape shall apply.
V. In other crimes that result in the death of a victim and the penalty consists
of divisible penalties, i.e., Homicide, Death under Tumultuous Affray,
Infanticide to conceal the dishonour of the offender, Reckless Imprudence
Resulting to Homicide, Duel, Intentional Abortion and Unintentional
Abortion, etc.:
 
1.1 Where the crime was consummated:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
 
1.2 Where the crime committed was not consummated, except those crimes
where there are no stages, i.e., Reckless Imprudence and Death under
tumultuous affray:
a. Frustrated:
i. Civil indemnity – ₱30,000.00
ii. Moral damages – ₱30,000.00
 
b. Attempted:
i. Civil indemnity – ₱20,000.00
ii. Moral damages – ₱20,000.00
If an aggravating circumstance was proven during the trial,
even if not alleged in the Information, in addition to the
above mentioned amounts as civil indemnity and moral
damages, the amount of ₱50,000.00 exemplary damages for
consummated; ₱30,000.00 for frustrated; and ₱20,000.00
for attempted, shall be awarded.
 
VI. A. In the crime of Rebellion where the imposable penalty
is reclusion perpetua and death occurs in the course of the
rebellion, the heirs of those who died are entitled to the
following:
 
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
B. For the victims who suffered mortal/fatal wounds in the
course of the rebellion and could have died if not for a
timely medical intervention, the following shall be
awarded:

a. Civil indemnity – ₱75,000.00

b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
 
C. For the victims who suffered non-mortal/non-fatal
injuries:
 
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
VII. In all of the above instances, when no
documentary evidence of burial or funeral
expenses is presented in court, the amount of
₱50,000.00 as temperate damages shall be
awarded.
 END