transpo damages

TRANSPORTATION LAW-(DAMAGES) September

11, 2011

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CIVIL CODE OF THE PHILIPPINES// SOURCE: http://www.pinoylawyer.org/t609-kinds-of-damages//

TITLE XVIII -- DAMAGES

Kinds of Damages: (MENTAL)

MORAL

EXEMPLARY

NOMINAL

TEMPERATE

ACTUAL

LIQUIDATED

1.ACTUAL/COMPENSATORY - adequate compensation for

a)the value of loss suffered

b)profits which obligee failed to obtain

**Exception:

a.provided by law

b.by stipulation

WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:

1.)Plead or allege the loss

GENERAL DAMAGE - natural, necessary and logical consequences

of a particular wrongful act which result in injury; need not be

specifically pleaded because the law itself implies or presumes that

they resulted from the wrongful act


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SPECIAL DAMAGES - damages which are the natural, but not the

necessary and inevitable result of the wrongful act; need to be

pleaded

2.)Pray for the relief that claim for loss be granted

3.)Prove the loss

WHEN LOSS NEED NOT BE PROVED:

1.)Liquidated damages previously agreed upon; liquidated damages

take the place of actual damages except when additional damages

incurred

2.)If damages other than actual are sought

3.)Loss is presumed (ex: loss if a child or spouse)

4.)Forfeiture of bonds in favor of the government for the purpose of

promoting public interest or policy (ex: bond for temporary stay of

alien)

CONTRACTS & QUASI CONTRACTS

1.Damages in case of Good faith -

a.Natural and probable consequence of breach of obligation, and

b.Parties have forseen or could have reasonably forseen at time

obligation was constituted

2.Damages in case of bad faith

a.it is sufficient that damages may be reasonably attributed to the

non-performance of the obligation


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CRIMES & QUASI-CRIMES

defendant is liable for all damages that are natural and

probable consequence of the act/omission complained of

not necessary that damages have been foreseen or could have

been reasonably foreseen

a)VALUE OF LOSS SUFFERED - Destruction of things, fines or

penalties, medical & hospital bills, attorney's fees, interests, cost of

litigation

Damages recoverable:

1.Medical & Hospital Bills

2.Loss or impairment of earning capacity (in case of physical

disability)

3.Damages for death

a)Minimum amount: P50,000

b)Loss of earning capacity unless deceased had permanent physical

disability not caused by defendant so that deceased had no earning

capacity at time of death

c)Support, if deceased was obliged to give support (for period not

more than 5 years)

d)Moral damages

4.Attorney's fees

- as a general rule, attorney's fees (other than judicial costs) are not

recoverable, except:

a)stipulation between parties

b)when exemplary damages are awarded


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c)when defendant's act/omission compelled plaintiff to litigate with

3rd persons or incur expenses to protect his interest

d)malicious prosecution

e)clearly unfounded civil action or proceeding against plaintiff

f)defendant acted in gross & evident bad faith in refusing to satisfy

plaintiff's just & demandable claim

g)legal support actions

h)recovery of wages of household helpers, laborers & skilled workers

i)actions for indemnity under workmen's compensation and

employer liability laws

j)separate civil action to recover civil liability arising from crime

k)when double judicial costs are awarded

5.Judicial costs

6.interest

- discretionary on part of the court

b) UNREALIZED PROFITS - future earnings

WHEN IS DAMAGES MITIGATED:

1.Contributory negligence

2.In contracts. Quasi-contracts and quasi-delict -

a.plaintiff has contravened the terms of contract

b.plaintiff derived some benefit as result of contract

c.in case where exemplary damages are to be awarded, that the

defendant acted upon the advise of counsel


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d.that the loss would have resulted in any event

e.that since the filing of the action, the defendant has done his best

to lessen the plaintiff's loss or injury

2.MORAL DAMAGES - (PBMF-MWSS)

a.Physical suffering

b.Besmirched reputation

c.Mental anguish

d.Fright

e.Moral shock

f.Wounded feelings

g.Social humiliation

h.Serious anxiety

Notes:

Sentimental value of real or personal property may be

considered in adjudicating moral damages

The social and economic/financial standing of the offender

and the offended party should be taken into consideration in

the computation of moral damages

Moral damages is awarded only to enable the injured party to

obtain means, diversions or amusements that will serve to

alleviate the moral suffering he has undergone, by reason of

defendant's culpable action and not intended to enrich a

complainant at the expense of defendant


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IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED

(enumeration not exclusive):

a.Criminal offense resulting in physical injuries

b.Quasi-delicts causing physical injuries

c.Seduction, abduction, rape or other acts of lasciviousness

d.Adultery and concubinage

e.Illegal or arbitrary detention or arrest

f.Illegal search

g.Libel, slander or other form of defamation

h.Malicious prosecution

i.Acts mentioned in art 309 of the RPC relating to disrespect of the

dead and interference with funeral

j.Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34

and 35

k.The parents of the female seduced, abducted, raped, or abused

l.Spouse, descendants, ascendants and brother and sisters for acts

mentioned in art 309

m.Art 2220 - in cases of willful injury to property or breaches of

contract where defendant acted fraudulently or in bad faith

3.NOMINAL DAMAGES

- 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


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ELEMENTS:

a.Plaintiff has a right

b.Right of plaintiff is violated

c.Purpose is not to identify but vindicate or recognize right violated

4.TEMPERATE OR MODERATE DAMAGES

- more than nominal but less than compensatory where some

pecuniary loss has been suffered but its amount can't be proved

with certainty due to the nature of the case

REQUISITES:

a.Some pecuniary loss

b.Loss is incapable of pecuniary estimation

c.Must be reasonable

5.LIQUIDATED DAMAGES

- those agreed upon by the parties to a contract, to be paid in case

of breach thereof

WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:

a.iniquitous or unconscionable

b.partial or irregular performance


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6.EXEMPLARY OR CORRECTIVE DAMAGE

- imposed by way example or correction for the public good, in

addition to the moral, temperate, liquidated to compensatory

damages

SOURCE: http://www.pinoylawyer.org/t609-kinds-of-damages

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CIVIL CODE OF THE PHILIPPINES

Title XVIII. - DAMAGES

CHAPTER 1

GENERAL PROVISIONS

Art. 2195. The provisions of this Title shall be respectively

applicable to all obligations mentioned in Article 1157.

Art. 2196. The rules under this Title are without prejudice to special

provisions on damages formulated elsewhere in this Code.

Compensation for workmen and other employees in case of death,

injury or illness is regulated by special laws. Rules governing

damages laid down in other laws shall be observed insofar as they

are not in conflict with this Code.

Art. 2197. Damages may be:

(1) Actual or compensatory;

(2) Moral;


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(3) Nominal;

(4) Temperate or moderate;

(5) Liquidated; or

(6) Exemplary or corrective.

Art. 2198. The principles of the general law on damages are hereby

adopted insofar as they are not inconsistent with this Code.

CHAPTER 2

ACTUAL OR COMPENSATORY DAMAGES

Art. 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.

Art. 2200. Indemnification for damages shall comprehend not only

the value of the loss suffered, but also that of the profits which the

obligee failed to obtain. (1106)

Art. 2201. In contracts and quasi-contracts, the damages for which

the obligor who acted in good faith is liable shall be those that are

the natural and probable consequences of the breach of the

obligation, and which the parties have foreseen or could have

reasonably foreseen at the time the obligation was constituted.


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In case of fraud, bad faith, malice or wanton attitude, the obligor

shall be responsible for all damages which may be reasonably

attributed to the non-performance of the obligation. (1107a)

Art. 2202. In crimes and quasi-delicts, the defendant shall be liable

for all damages which are the natural and probable consequences of

the act or omission complained of. It is not necessary that such

damages have been foreseen or could have reasonably been

foreseen by the defendant.

Art. 2203. The party suffering loss or injury must exercise the

diligence of a good father of a family to minimize the damages

resulting from the act or omission in question.

Art. 2204. In crimes, the damages to be adjudicated may be

respectively increased or lessened according to the aggravating or

mitigating circumstances.

Art. 2205. Damages may be recovered:

(1) For loss or impairment of earning capacity in cases of temporary

or permanent personal injury;

(2) For injury to the plaintiff's business standing or commercial

credit.

Art. 2206. The amount of damages for death caused by a crime or

quasi-delict shall be at least three thousand pesos, even though

there may have been mitigating circumstances. In addition:

(1) The defendant shall be liable for the loss of the earning capacity

of the deceased, and the indemnity shall be paid to the heirs of the

latter; such indemnity shall in every case be assessed and awarded


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by the court, unless the deceased on account of permanent physical

disability not caused by the defendant, had no earning capacity at

the time of his death;

(2) If the deceased was obliged to give support according to the

provisions of Article 291, the recipient who is not an heir called to

the decedent's inheritance by the law of testate or intestate

succession, may demand support from the person causing the

death, for a period not exceeding five years, the exact duration to be

fixed by the court;

(3) The spouse, legitimate and illegitimate descendants and

ascendants of the deceased may demand moral damages for mental

anguish by reason of the death of the deceased.

Art. 2207. If the plaintiff's property has been insured, and he has

received indemnity from the insurance company for the injury or

loss arising out of the wrong or breach of contract complained of,

the insurance company shall be subrogated to the rights of the

insured against the wrongdoer or the person who has violated the

contract. If the amount paid by the insurance company does not

fully cover the injury or loss, the aggrieved party shall be entitled to

recover the deficiency from the person causing the loss or injury.

Art. 2208. In the absence of stipulation, attorney's fees and

expenses of litigation, other than judicial costs, cannot be

recovered, except:

(1) When exemplary damages are awarded;

(2) When the defendant's act or omission has compelled the plaintiff

to litigate with third persons or to incur expenses to protect his

interest;


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(3) In criminal cases of malicious prosecution against the plaintiff;

(4) In case of a clearly unfounded civil action or proceeding against

the plaintiff;

(5) Where the defendant acted in gross and evident bad faith in

refusing to satisfy the plaintiff's plainly valid, just and demandable

claim;

(6) In actions for legal support;

(7) In actions for the recovery of wages of household helpers,

laborers and skilled workers;

(8) In actions for indemnity under workmen's compensation and

employer's liability laws;

(9) In a separate civil action to recover civil liability arising from a

crime;

(10) When at least double judicial costs are awarded;

(11) In any other case where the court deems it just and equitable

that attorney's fees and expenses of litigation should be recovered.

In all cases, the attorney's fees and expenses of litigation must be

reasonable.

Art. 2209. If the obligation consists in the payment of a sum of

money, and the debtor incurs in delay, the indemnity for damages,

there being no stipulation to the contrary, shall be the payment of

the interest agreed upon, and in the absence of stipulation, the

legal interest, which is six per cent per annum. (1108)

Art. 2210. Interest may, in the discretion of the court, be allowed

upon damages awarded for breach of contract.


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Art. 2211. In crimes and quasi-delicts, interest as a part of the

damages may, in a proper case, be adjudicated in the discretion of

the court.

Art. 2212. Interest due shall earn legal interest from the time it is

judicially demanded, although the obligation may be silent upon

this point. (1109a)

Art. 2213. Interest cannot be recovered upon unliquidated claims or

damages, except when the demand can be established with

reasonably certainty.

Art. 2214. In quasi-delicts, the contributory negligence of the

plaintiff shall reduce the damages that he may recover.

Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the

court may equitably mitigate the damages under circumstances

other than the case referred to in the preceding article, as in the

following instances:

(1) That the plaintiff himself has contravened the terms of the

contract;

(2) That the plaintiff has derived some benefit as a result of the

contract;

(3) In cases where exemplary damages are to be awarded, that the

defendant acted upon the advice of counsel;

(4) That the loss would have resulted in any event;


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(5) That since the filing of the action, the defendant has done his

best to lessen the plaintiff's loss or injury.

CHAPTER 3

OTHER KINDS OF DAMAGES

Art. 2216. No proof of pecuniary loss is necessary in order that

moral, nominal, temperate, liquidated or exemplary damages, may

be adjudicated. The assessment of such damages, except liquidated

ones, is left to the discretion of the court, according to the

circumstances of each case.

SECTION 1. - Moral Damages

Art. 2217. 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.

Art. 2218. In the adjudication of moral damages, the sentimental

value of property, real or personal, may be considered.


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Art. 2219. Moral damages may be recovered in the following and

analogous cases:

(1) A criminal offense resulting in physical injuries;

(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape, or other lascivious acts;

(4) Adultery or concubinage;

(5) Illegal or arbitrary detention or arrest;

(6) Illegal search;

(7) Libel, slander or any other form of defamation;

(8) Malicious prosecution;

(9) Acts mentioned in Article 309;

(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30,

32, 34, and 35.

The parents of the female seduced, abducted, raped, or abused,

referred to in No. 3 of this article, may also recover moral damages.

The spouse, descendants, ascendants, and brothers and sisters

may bring the action mentioned in No. 9 of this article, in the order

named.

Art. 2220. Willful injury to property may be a legal ground for

awarding moral damages if the court should find that, under the

circumstances, such damages are justly due. The same rule applies

to breaches of contract where the defendant acted fraudulently or in

bad faith.


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SECTION 2. - Nominal Damages

Art. 2221. 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.

Art. 2222. The court may award nominal damages in every

obligation arising from any source enumerated in Article 1157, or in

every case where any property right has been invaded.

Art. 2223. The adjudication of nominal damages shall preclude

further contest upon the right involved and all accessory questions,

as between the parties to the suit, or their respective heirs and

assigns.

SECTION 3. - Temperate or Moderate Damages

Art. 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.

Art. 2225. Temperate damages must be reasonable under the

circumstances.


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SECTION 4. - Liquidated Damages

Art. 2226. Liquidated damages are those agreed upon by the parties

to a contract, to be paid in case of breach thereof.

Art. 2227. Liquidated damages, whether intended as an indemnity

or a penalty, shall be equitably reduced if they are iniquitous or

unconscionable.

Art. 2228. When the breach of the contract committed by the

defendant is not the one contemplated by the parties in agreeing

upon the liquidated damages, the law shall determine the measure

of damages, and not the stipulation.

SECTION 5. - Exemplary or Corrective Damages

Art. 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.

Art. 2230. In criminal offenses, exemplary damages as a part of the

civil liability may be imposed when the crime was committed with

one or more aggravating circumstances. Such damages are separate

and distinct from fines and shall be paid to the offended party.

Art. 2231. In quasi-delicts, exemplary damages may be granted if

the defendant acted with gross negligence.


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Art. 2232. In contracts and quasi-contracts, the court may award

exemplary damages if the defendant acted in a wanton, fraudulent,

reckless, oppressive, or malevolent manner.

Art. 2233. Exemplary damages cannot be recovered as a matter of

right; the court will decide whether or not they should be

adjudicated.

Art. 2234. While the amount of the exemplary damages need not be

proved, the plaintiff must show that he is entitled to moral,

temperate or compensatory damages before the court may consider

the question of whether or not exemplary damages should be

awarded. In case liquidated damages have been agreed upon,

although no proof of loss is necessary in order that such liquidated

damages may be recovered, nevertheless, before the court may

consider the question of granting exemplary in addition to the

liquidated damages, the plaintiff must show that he would be

entitled to moral, temperate or compensatory damages were it not

for the stipulation for liquidated damages.

Art. 2235. A stipulation whereby exemplary damages are renounced

in advance shall be null and void.

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