Granting of Damages

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.)