Moral Exemplary Nominal Actual/Compensatory Temperate Liquidated

PURPOSE

Awarded only to
enable the injured When the court is
party to obtain convinced that there
Liquidated damages
means, diversion, or Vindicating or has been a loss, the
Actual or Compensatory are frequently
amusement that will Intended to serve as a recognizing the injured judge is empowered
Damages simply make agreed upon by the
alleviate the moral deterrent to serious party’s right to a to calculate
good or replace the loss parties to avoid
suffering he has wrongdoings. property that has been moderate damages
caused by the wrong. controversy on the
undergone, by violated or invaded. rather than let the
amount of damages.
reason of complainant suffer
defendant’s without redress.
culpable action.

MANNER OF DETERMINATION

1. The claimant is No proof of pecuniary Claimant must produce May be recovered

No proof of If intended as a
entitled to moral, loss is necessary. Proof competent proof or the when the court finds
pecuniary loss is penalty in obligations
temperate, or that a legal right has best evidence obtainable that some pecuniary
necessary. with penal clause,
compensatory been violated is what is such as receipts to justify loss has been
proof of actual
damages; and only required. an award therefore. suffered but its
 The assessment is 2. That the crime was Actual or compensatory amount cannot be damages suffered is
left to the Court. committed with one Usually awarded in the damages cannot be proved with not necessary.
or more aggravating absence of proof of presumed but must be certainty.
However, there circumstances, or the actual damages. proved with reasonable No proof of
must be proof that quasi-delict was certainty. No proof of pecuniary loss is
the defendant committed with gross pecuniary loss is necessary.
caused some negligence, or in necessary.
suffering and the contracts and quasi-
factual basis must contracts the act must
be alleged. The only be accompanied by
exception to the bad faith or done in
proof is in criminal wanton, fraudulent,
cases. oppressive, or
malevolent manner.

No proof of pecuniary
loss is necessary.
SPECIAL (Those which exist because of special circumstances where a debtor in good faith can be held liable if he had been previously informed of
such) OR ORDINARY (Generally inherent in a breach of contract.)

Special Special Special Ordinary Special Special

NOTES:
 Nominal Damages cannot co-exist with Exemplary Damages.
 Exemplary Damages must co-exist with Moral, Temperate, Liquidated, or Compensatory Damages.
 Nominal Damages must stand alone.