What are the kinds of damages?
need for the claimant to satisfactorily prove the
Torts And Damages
ACTUAL/ COMPENSATORY DAMAGES
Purpose
Actual or compensatory damages simply make
good or replace the loss caused by the wrong.
Manner of Determination
Claimant must produce competent proof or the
best evidence obtainable such as receipts to
justify an award therefore. Actual or
compensatory damages cannot be presumed
but must be proved with reasonable certainty.
(People v. Ereno, Feb. 22, 2000)
Special/Ordinary
Ordinary
NOTE: Ordinary Damages are those generally
inherent in a breach of a typical contract
MORAL DAMAGES
Purpose
Awarded only to enable the injured party to
obtain means, diversion or amusement that will
alleviate the moral suffering he has undergone,
by reason of defendants culpable action.
(Robleza v. CA, 174 SCRA 354)
Manner of Determination
No proof of pecuniary loss is necessary. The
assessment is left to the discretion of the court
according to the circumstances of each case.
However, there must be proof that the
defendant caused physical suffering etc.
(Compania Maritima v. Allied Free Worker’s
Union, G.R. No. L-31379, Aug. 29, 1988). GR:
Factual basis must be alleged. Aside from the
existence of the factual basis of the damages, it
is also necessary to prove its causal relation to
the defendant’s act (Raagas v. Trava, G.R. No. L-
20081, Feb. 27,1968; People v. Manero, G.R. Nos.
86883-85, Jan. 29, 1993).
Exception: Criminal cases. Moral damages may
be awarded to the victim in criminal proceedings
in such amount as the court deems just without
need for pleading or proof of the basis thereof
(People v. Paredes, July 30, 1998).
Special/Ordinary
Special
NOTE: Special Damages are those which exist
because of special circumstances and for which
a debtor in good faith can be held liable if he
had been previously informed of such.
circumstances.
NOMINAL DAMAGES
Purpose
Vindicating or recognizing the injured party’s
right to a property that has been violated or
invaded. (Tan v. Bantegui, 473 SCRA 663)
Manner of Determination
No proof of pecuniary loss is necessary. Proof that
a legal right has been violated is what is only
required. Usually awarded in the absence of
proof of actual damages.
Special/Ordinary
Special
NOTE: Special Damages are those which exist
because of special circumstances and for which
a debtor in good faith can be held liable if he
had been previously informed of such.
circumstances.
TEMPERATE DAMAGES
Purpose
When the court is convinced that there has been
such a loss, the judge is empowered to calculate
moderate damages rather than let the
complainant suffer without redress. (GSIS v.
Labung-Deang, 365 SCRA 341)
Manner of Determination
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
proved with certainty. No proof of pecuniary loss
is necessary.
Special/Ordinary
Special
NOTE: Special Damages are those which exist
because of special circumstances and for which
a debtor in good faith can be held liable if he
had been previously informed of such.
circumstances.
LIQUIDATED DAMAGES
Purpose
Liquidated damages are frequently agreed upon fraudulent, oppressive or malevolent manner. No
by the parties, either by way of penalty or in proof of pecuniary loss is necessary.
order to avoid controversy on the amount of
damages.

Special/Ordinary

Manner of Determination Special

If intended as a penalty in obligations with a
penal cause, proof of actual damages suffered
by the creditor is not necessary in order that the
penalty may be demanded (Art. 1228, NCC). No
proof of pecuniary loss is necessary.
NOTE: Special Damages are those which exist
because of special circumstances and for which
a debtor in good faith can be held liable if he
had been previously informed of such.
circumstances.

Special/Ordinary

Special

NOTE: Special Damages are those which exist

because of special circumstances and for which
a debtor in good faith can be held liable if he
had been previously informed of such.
circumstances.

EXEMPLARY/CORRECTIVE DAMAGES
Purpose

Exemplary or corrective damages are intended

to serve as a deterrent to serious wrongdoings.
(People v. Orilla, 422 SCRA 620)

Manner of Determination

1. That the claimant is entitled to moral,

temperate or compensatory damages; and

2. That the crime was committed with 1 or more

aggravating circumstances, or the quasi--‐delict
was committed with gross negligence, or in
contracts and quasi-contracts the act must be
accompanied by bad faith or done in wanton,