Tumolva, CIAC's award of actual damages, however, is indeed not proper under the

circumstances as there is no concrete evidence to support the plea. In determining actual

damage, one cannot rely on mere assertions, speculations, conjectures or guesswork, but
must depend on competent proof and on the best evidence obtainable regarding specific
facts that could afford some basis for measuring compensatory or actual damages.
Nevertheless, De Guzman is indeed entitled to temperate damages as provided under Article
2224 of the Civil Code for the loss she suffered. When pecuniary loss has been suffered but
the amount cannot, from the nature of the case, be proven with certainty,
temperate damages may be recovered.

Casino, There are two kinds of actual or compensatory damages: one is the loss of what a
person already possesses, and the other is the failure to receive as a benefit that which would
have pertained to him.

Araneta Actual, Temperate damages apply in cases where from the nature of the case, definite
proof of pecuniary loss cannot be offered, although the court is convince that there has been
such loss. Temperate damages can be awarded without proof of actual pecuniary loss.

Hawk, Actual damages, the indemnity for loss of earning capacity of the deceased is provided
for by Article 2206 of the Civil Code. As a rule, documentary evidence should be presented to
substantiate the claim for damages for loss of earning capacity. The evidence presented is not
sufficient to compute the actual damages as indemnity

Tulfo, Moral, Moral damages, upon the other hand, may be awarded. These damages must be
understood to be in the concept of grants, not punitive or corrective in nature, calculated to
compensate the claimant for the injury suffered. There was no showing of any pecuniary loss
suffered by the complainant Atty. So. Without proof of actual loss that can be measured, the
award of actual damages cannot stand

Seven, Temperate damages, Jurisprudence has consistently held that to justify an award of
actual damages, credence can be given only to claims which are duly supported by receipts or
credible evidence. Here temperate and not nominal damages should have been awarded,
considering that it has been established that respondent herein suffered a loss, even if the
amount thereof cannot be proven with certainty. Temperate, and not nominal, damages should
be awarded to respondent.

Duenas,Temperate, No actual damages, under Art 2199, one is entitled to an adequate

compensation only for such pecuniary loss suffered by him as he has duly proved, jurisprudence
held that actual damages are such compensation or damages for an injury that will put the
injured party in the position in which he had been before he was injured. They pertain to such
injuries or losses that are acutally sustained and susceptible of measurement To be recoverable,
actual damages must not only be capable of proof, but must actually be proved with reasonable
degree of certainty. Thus it was held that efore actual damages can be awarded, there must be
competent proof of the actual amount of loss, and credence can be given to claims which are
duly supported by receipts... Nonetheless, in the absence of competent proof on the amount of
actual damages suffered, a party is entitled to temperate damages.
Filinvest,Liquidated In the case herein there has been substantial compliance in good faith on
the part of Pacific which renders unconscionable the application of the full force of the penalty.
Nothing in the records suggests that Pacific’s delay in the performance. Thus, Pacific is not
liable for the penalty for the delay in the project. In cases where there has been partial or
irregular compliance, there will be no substantial difference between a penalty and liquidated
damages insofar as legal results are concerned.

Arco, Exemplary, Petitioners are liable for damages. Under Article 2220 of the Civil Code, moral
damages may be awarded in case of breach of contract where the breach is due to fraud or bad
faith. Since a finding of bad faith is generally premised on the intent of the doer, it requires an
examination of the circumstances in each case. Exemplary damages may also be awarded in
this case to serve as a deterrent to those who use fraudulent means to evade their liabilities

Combate, Exemplary, When death occurs due to a crime, the following may be recovered: civil
indemnity, actual damages, moral, exemplary. Thus, interest of six percent per annum should
be imposed on the award of civil indemnity and all damages. Being corrective in nature,
exemplary damages, therefore, can be awarded, not only in the presence of an aggravating
circumstance, but also where the circumstances of the case show the highly reprehensible or
outrageous conduct of the offender.

Damages may be:

Actual or compensatory; 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.

Moral; 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 result of the defendant's wrongful act for omission.

Nominal; 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.

Temperate or moderate; 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 cannot, from the nature of the case, be provided with
certainty.

Liquidated; Liquidated damages are those agreed upon by the parties to a contract, to be paid
in case of breach thereof.

Exemplary or corrective. 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