KIND OF DAMAGES DEFINTION EXAMPLE

AND ARTICLE

Chapter 2
Article 2199 – 2215
Actual or Compensatory
It is a monetary compensation
given in satisfaction of loss
suffered by a person. Simply
put, they are awarded to
redress sufferings of a
plaintiff that is duly proved.

Article 2199

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 compensation is referred
to as actual or compensatory
damages.

Chapter 3 Moral damages are given to .

Section 1 alleviate sufferings affecting
Article 2217 -2220 physical, mental, and
emotional state of a person
(or those mentioned in Article
2217). Moral damages
Moral Damages cannot be measured
financially but this aims to
Article 2217 give means, diversions or
amusement that will lessen
Moral damages include the suffering of the aggrieved
physical suffering, mental person.
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 result of
the defendant's wrongful act for
omission.

Chapter 3
 Section 2
Article 2221-2223

According to Article 2221,

Nominal Damages nominal damages are
awarded in order to vindicate
the right of the plaintiff which
was violated and the right to
Article 2221
claim damages. Usually,
Nominal damages are
there is no actual or present
adjudicated in order that a right
loss, or any significant injury
of the plaintiff, which has been
suffered by the plaintiff.
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

According to Article 2224,

temperate damages are
Chapter 3 awarded when there is an
Section 3 obvious pecuniary loss but
Article 2224-2225 the amount is not certain. The
court would be the one to
decide on the amount to
Temperate or Moderate redress the plaintiff which is
Damages more than nominal but less
than compensatory damages.

Article 2224

Temperate or moderate
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
can not, from the nature of the
case, be provided with
certainty.
 Liquidated damages are
Chapter 3 those awarded to a plaintiff
Section 4 who suffered loss or injury
Article 2226-2228 due to a breach of contract.
Two contracting parties
agreed to have a certain
Liquidated Damages amount of money which
will serve as either penalty
or indemnity in case one of
Article 2226 them breached the contract.
Liquidated damages are those
agreed upon by the parties to a
contract, to be paid in case of
breach thereof.

Chapter 3
Section 5 Exemplary damages are
Article 2229-2235 awarded in addition to the
above-mentioned damages.
The plaintiff must first be
entitled to compensatory,
Exemplary or Corrective
nominal, temperate, or
Damages liquidated damages before the
court may consider granting
exemplary damages.
Article 2229

Exemplary or corrective
damages are imposed, by way
of example or correction for the
public good, in addition to the
moral, temperate, liquidated or
compensatory damages.
REFERENCES:

Civil Code of the Philippines

Damages Awarded under Philippine Law. (2020, May 4). Nicolas & De Vega Law Offices.

https://ndvlaw.com/damages-awarded-under-philippine-law/

De Guzman vs Tumolva, G.R No. 188072, (2011)

Dallas, K. (2021, March 8). Supreme Court rules cases involving only nominal damages can

continue. Deseret News. https://www.deseret.com/indepth/2021/3/8/22319472/supreme-

court-rules-in-favor-of-student-barred-from-sharing-his-faith-alliance-defending-freedom