LAW EACH WEEK
What are the different kinds of damages that you can claim in a suit?
The different damages provided under Art. 2197 of the New Civil Code of the Philippines are:
- Moral Damages;
- Exemplary or Corrective Damages;
- Nominal Damages;
- Temperate or Moderate Damages;
- Actual or Compensatory Damages; and
- Liquidated Damages.
What are Moral Damages?
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate cause of the defendant’s wrongful act or omission. (Art. 2217, New Civil Code)
What are Exemplary Damages?
In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. (Art. 2232) Exemplary Damages are designed to permit the courts to mold behavior that has socially deleterious consequences, and its imposition is required by public policy to suppress the wanton acts of an offender. However, it cannot be recovered as a matter of right. It is based entirely on the discretion of the court.
What are Nominal Damages?
Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. (Art. 2221) Nominal Damages are recoverable where a legal right is technically violated and must be vindicated against an invasion that has produced no actual present loss of any kind or where there has been a breach of contract and no substantial injury or actual damages whatsoever have been or can be shown.
What are Temperate Damages?
Temperate Damages mean reasonable damages. They are are more than nominal but less than compensatory, and may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty.
What are Actual Damages?
Actual or compensatory damages are those awarded in satisfaction of, or in recompense for, loss or injury sustained. They proceed from a sense of natural justice and are designed to repair the wrong that has been done, to compensate for the injury inflicted and not to impose.