Damages in General

Actual/Compensatory Damages
 Actual/Compensatory Damages
• The purpose of the law in awarding actual
damages is to repair the wrong that has been
done, to compensate for the injury inflicted,
and not to impose a penalty
• Actual/Compensatory Damages cannot be
presumed, it must be pleaded and proven by
the plaintiff (Article 2199, NCC)
 Specific Kinds of
Actual/Compensatory Damages
• Indemnity for death (Article 1764, NCC)
• Loss of benefits which would have otherwise pertained to
the injured party/Lucrum Cessans (Article 2201?)
• Attorney’s fees (Article 2208, NCC)
• Value of loss actually sustained/Damnum Emergens (Article
2200, NCC)
• Interest (Article 2210-2211, NCC)
• Temporary or Permanent loss of earning capacity (Article
2205, 1)
• Injury to business standing or commercial credit (Article
2205, 2)
 Requirements for Recovery
• Plaintiff must plead and prove
– Fact of loss or injury and incidental expenses due
to such loss
– Amount of such injury and expenses

• The amount should be computed with

reasonable accuracy. The fact must be
determined with reasonable certainty.