I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The following are the kinds of damages and other payments under the Civil Code, each with its corresponding bases (instances) of when they can or can't be granted.
1. Actual Damages
Can be granted in all instances: crimes/delicts (Art. 2202 & 2206,) quasi-delicts/culpa aquiliana (Art. 2202,) contracts (Art. 2201,) quasi-contracts (Art. 2201 & 2167) and damage to property (Art. 2200.)
2. Moral Damages
Can be granted in case of crimes/delicts [Art. 2219 (1) & (3-6,)] quasi-delicts/culpa aquiliana [Art. 2219 (2)] and damage to property (Art.2220, if damage is willful or deliberate.) Can't apply to quasi-contracts and will only apply to contracts if the violation of the contract is done in bad faith or with fraud (Art. 2220.)
3. Exemplary Damages
Can be granted as part of the civil liability in crimes/delicts if 1 or 2 aggravating circumstances were present during the crime. Can be granted in damage to property if the damage was necessary for the public good and can be awarded together with other damages except nominal ones (Art. 2229.) Can't be granted in culpa aquiliana/quasi-delict except if there is gross negligence on the defendant's part (Art.2231.) Can't be granted in case of contracts and quasi-contracts unless the defendant acted malevolently, fraudulently, recklessly, wantonly or oppressively (Art. 2232.)
4. Liquidated Damages
Applies only to contracts (Art2226.) Won't apply to the other bases.
5. Temperate/Moderate Damages
Won't apply to damage to property. In crimes/delicts, culpa aquiliana/quasi-delicts, contracts and quasi-contracts, they can be granted only if the loss can't be proven with certainty (Art. 2224.)
6. Nominal Damages
Can be granted in quasi-contracts, contracts, culpa aquiliana/quasi-delict and damage to property (Art 2222.) For crimes/delicts, can be granted in trespass to dwelling (Art. 2221-2222.)
7. Interest (or as part of damages)
Can be granted in crimes/delicts and quasi-delicts/culpa aquiliana (Art.2211.) Can be agreed stipulated in contracts [Art. 1933 (3) & Art. 2209-2210.] Can be granted in quasi-contracts (solutio indebiti) when acceptance of undue payment was in bad faith (Art.2159.) Won't apply in damage to property
8. Extraordinary Attorney's Fees
Can be granted in all bases (Art 2208.) The following paragraphs of Art. 2208 apply: 3 & 9 (crimes/delicts,) 2 & 11 (quasi-delict/culpa aquiliana,) 11 (contracts, as a penaly, also Art. 1226,) 5 & 11 (quasi-contracts) and 5, 9 & 11 (damage to property.)
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