Please enable JavaScript.

Coggle requires JavaScript to display documents.

Torts Week 12 - Coggle Diagram

- - - - 2. No actual loss caused or proven - Can apply in cases where a legal right is technically violated but no actual present loss of any kind, or culpa contractual and no substantial injury or actual damages whatsoever can be shown.
        
        3. Under considerations of equity - Here, court awarded nominal damages despite ruling that technically they were no rights violated. This was on the basis that every person is entitled to respect of dignity, personality, privacy and peace of mind. Makati Shangri-la's lack of prudence was an affront to this right when it rendered shoddy service at their wedding. (Sps. Guanio v. Makati Shangri-la) t
        
        Amount Cannot be Ascertained - Similar to temperate damages wherein nominal damages are awarded when some injury has been shown but amount is not proven by evidence. (Robes-Francisco v. CFI)
        
        Distinguished from Temperate - Casis comments that nominal damages small in sum, whereas temperate are more substantial.
      - Public Officers - while morals and exemplary damages may only be awarded when public officers show bad faith, malice or gross negligence in the performance of their obligations, nominal damages no not require presence of the same. (Conjuangco v. CA)
        
        Acts Contra Bonus Mores - NCC 21 can be a basis for an award of nominal damages.
    - - 1. Small but Substantial - Generally, small sums by nature. (Gonzales v. People)
        
        2. Commensurate to Injury Suffered - Nature of injury must be considered, not necessarily the amount of harm inflicted. i.e. if a primary right is violated such as the right to life, a higher amount may be awarded in comparison as to when the right to property is violated. (Gonzales v. People)
        
        3. Special Reasons
        
        Bad Faith - Presence or absence of bad faith can increase/decrease the amount of nominal damages. (Robes-Francisco v. CA)
        
        Lapse of Time - Nominal damages may be increased if a case has dragged on incessantly. (PNOC Shipping v. CA)
        
        Casis Comments - Length of time that goes into moral suffering due to violation of a right should affect moral, not temperate damages.
        
        Exception - Substantial claim if based upon the violation of a legal right. (Robes Francisco v. CFI)
      - C. Effect of Award - precludes further contest upon the right involved and all accessory questions, as between the parties to the suit or their heirs and assignees. (NCC 2223)
- - - - 2. Cases where amount of loss not proven - Jurisprudence also allows for temperate even when nature of the case allows for pecuniary loss to be proven with certainty where the actual amount of loss was not proven. (Republic v. Tuvera)
        
        3. In addition to actual damages - Generally, actual damages precludes temperate damages. However, following exemptions have been shown.
        
        a. Chronic and Continuing Injury - If chronic and continuing injury, temperate damages proper so that persons can provide optimal care. Because otherwise, they would have to continually come to court for actual damages. (Ramos v. CA)
        
        b. In addition to civil indemnity - Civil indemnity for death is actual damages under 2206. But, temperate may be added if other claims such as earning capacity, funeral expenses not proven for actual damages. (People v. Yrat)
        
        c. In addition to to other actual damages proven - Similar to above point, can be awarded in lieu of other unproven damages. (People v. Magalona)
        
        Earning Capacity - Temperate damages where actuall loss or impairment of earning capacity not sufficiently established. (Pleno v. CA)
    - - 1. In General - More than nominal, less than compensatory as may be reasonable under the circumstances. (NCC 2225)
        
        2. Receipts amounting to less than P25,000 - if the amount of actual damages proven by receipts is less than P25k, temperate damages for P25k may be given in lieu of actual damages. (People v. Lucero)
        
        3. No receipts provided - When no receipts are presented in evidence, P25,000 proper. (People v. Gidoc)
        
        4. Funeral Expenses (People v. Jugueta) - VII. In all of the above instances, when no documentary evidence of burial or funeral expenses is presented in court, the amount of ₱50,000.00 as temperate damages shall be awarded.
        
        Ratio - Unfair if victims who proved damages would receive less than those who did not present any receipts.
        
        Circumstances - can be done by estimating the value of the property damaged or value of the loss suffered. (De Guzman v. Tumolva)
- - - - 2. Purpose - Can either be either compensatory or punitive. (2227)
      - Attorney's Fees - Penal clauses referring to liquidated damages as attorney's fees are still liquidated damages, regardless of designation. (Polytrade v. Blanco)
    - - 1. When iniquitous or unconscionable
        
        2. Possible tests
        
        2a. Apply rules on Penalty Clauses - Test is dependent on factors such as the type, extent and purpose of the penalty. Nature of obligation, mode of breach, consequences, supervening events, standing relationship of the parties may be considered. (Ligutan v. CA)
        
        2b. Attorney's Fees test - See 2208
        
        2c. Precedent - Previous jurisprudence can be used as reference. (Polytrade v. Blanco)
        
        2d. Proportionality test - Depends if the purpose of the penal clause is punitive or compensatory. (Ligutan v. CA)
        
        2 more items...
        
        Situation of the Debtor - Debtor's pitiful situation + offer to settle entire obligation with creditor bank led to tempering of damages. (Rizal Commercial Banking v. CA )
        
        Reduction - When there has been partial or irregular performance. (Ligutan v. CA)
        
        Total Deletion - Substantial performance in good faith, when the penalty clause itself suffers from a fatal infirmity | Exceptional circumstances so exist as to warrant it. (Urban Consolidated v. Insular Life and Garcia v. CA) both cited in (Ligutan v. CA)
        
        Iniquitous - A gross injustice, extremely immoral and unfair, wicked act or thing.
        
        Unconscionable - Not guided or controlled by conscience, excessive, unreasonable, shockingly unfair or unjust.
- - - - 1. In General
        
        2. In addition to other types - Amount of exemplary damages need not be proved but, must show entitlement to other form of damages before exemplary damages may be considered. (2234)
        
        3. Renunciation in Advance - Renunciation of exemplary damages in advance void. This is because exemplary damages are awarded due to public policy, which cannot be stipulated away by parties to a contract. (2235)
        
        4. In Crimes - Exemplary damages in addition to civil liability if the crime was committed with one or more aggravating circumstances. (2230)
        
        5. In Quasi-Delicts - Exemplary damages may be granted if the defendant acted with negligence. (2231)
        
        6. In Contracts and quasi-contracts - If the act is accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner (2232)
        
        1 more item...
        
        Negligence - Must be gross negligence.
        
        1 more item...
        
        Criminal Procedure - Requires that the complaint must specify qualifying and aggravating circumstances. Thus, even if aggravating proven but not alleged no exemplary damages. (People v. Catubig)
        
        Exception - If the offender shows highly reprehensible or outrageous conduct, exemplary damages may be awarded even if aggravating circumstances not present/proven/alleged. (People v. Dalisay, citing NCC 2229)
        
        1 more item...
        
        Jurisprudence Test (Octot v. Ybanez)
        
        They may be imposed by way of example in addition to compensatory damages, and only after the claimant's right to them has been established;
        
        2.They cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant;
        
        3.The act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner
        
        This 3rd requirement applies only when exemplary damages are claimed in breach of contracts or quasi-contracts. (Octot v. Ybanez) & (NCC 2232)