Civil Code DAMAGES

Damages

The pecuniary consequences which the law imposes for the breach of some duty or the violation of some right.

The estimated reparation in money for detriment or injury sustained, or the compensation or satisfaction imposed by law for a wrong or injury caused by a violation of legal right

measure of damages

far-reaching importance in every legal system. Upon it depends the just compensation for every wrong or breach of contract

Chapter 1 General Provisions

Artitcle 2197
Damages may be: (M.A.N.T.L.E)

(1) Moral;

(2) Actual or compensatory;

(3) Nominal;

(4) Temperate or moderate;

(5) Liquidated; or

(6) Exemplary or corrective.

Article 2199 Chapter 2 -Actual or Compensatory Damages

Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary (financial) loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.

Art. 2200 Chapter 2 -Actual or Compensatory Damages

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)

Article 2201 Chapter 2 -Actual or Compensatory Damages

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. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages

Article 2210 Chapter 2 -Actual or Compensatory Damages

Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract.

Artitcle 2216 Chapter 3 - Other Kinds of Damages

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.

Article 2217 Chapter 3 Section 1 - Moral Damages

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.

Article 2218 Chapter 3 Section 1 - Moral Damages

In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered.

Article 2220 Chapter 3 Section 1 - Moral Damages

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.

Article 2221 Chapter 3 Section 2 - Nominal Damages

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.

Article 2224 Chapter 3 Section 3 - Temperate or Moderate Damages

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.

Article 2226 Chapter 3 Section 4 - Liquidated Damages

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

Article 2227 Chapter 3 Section 4 - Liquidated Damages

Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous (bad, unjust) or unconscionable (morally liable).

Article 2228 Chapter 3 Section 4 - Liquidated Damages

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.

Article 2229 Chapter 3 Section 5 - Exemplary or Corrective Damages

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.

Article 2230 Chapter 3 Section 5 - Exemplary or Corrective Damages

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.

Article 2232 Chapter 3 Section 5 - Exemplary or Corrective Damages

In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner

Article 2233 Chapter 3 Section 5 - Exemplary or Corrective Damages

Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.

Article 2234 Chapter 3 Section 5 - Exemplary or Corrective Damages

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.

Article 2235 Chapter 3 Section 5 - Exemplary or Corrective Damages

A stipulation whereby exemplary damages are renounced in advance shall be null and void.