CIVIL LAW > XII. DAMAGES > D. Duty of Injured Party

The duty of the injured party is a crucial principle in the law of damages under Philippine civil law. This doctrine governs the behavior, actions, and obligations of a person who has been injured or wronged, with respect to their claim for damages. The relevant legal framework is primarily derived from the Civil Code of the Philippines, judicial precedents, and principles of equity.

1. Duty to Mitigate Damages

Under Philippine law, an injured party has a duty to mitigate damages, meaning they must take reasonable steps to reduce the harm or losses caused by the wrongful act or omission of the other party.

Article 2203 of the Civil Code:
"The party suffering loss or injury must exercise diligence to minimize the damages resulting from the act or omission of another."
- Failure to mitigate damages can result in a reduction of the amount of damages recoverable.
- Courts will consider whether the injured party acted prudently and with due diligence in attempting to avoid further harm.
Standard of Reasonableness:
The injured party is not required to go to extraordinary lengths or incur unreasonable costs to mitigate damages. They are only expected to act as a reasonable person would under similar circumstances.

2. Prohibition Against Unjust Enrichment

An injured party cannot recover damages that would result in unjust enrichment. The principle of equity ensures that damages awarded must correspond to the actual loss suffered.

Article 2202 of the Civil Code:
Damages recoverable must be those "which may be reasonably attributed to the act or omission complained of."
- Damages cannot exceed the actual harm caused.
Injured parties must provide sufficient evidence to support the extent of the damages claimed, ensuring no overcompensation.

3. Duty to Prove Damages

The injured party has the burden of proof to establish the existence of damages, their proximate cause, and the reasonable certainty of their amount.

Preponderance of Evidence:
The injured party must show that the wrongful act directly caused the damages claimed. Courts require evidence of both:
- The occurrence of harm or injury.
- The monetary value of such harm.
Types of Evidence Required:
- Receipts, contracts, and invoices for actual expenses or losses.
- Expert testimony for intangible damages such as loss of earning capacity.
- Testimony and documents for moral damages or pain and suffering.

4. Duty to Act in Good Faith

An injured party must act in good faith throughout the process of claiming damages. Any fraudulent, dishonest, or deceitful behavior in claiming damages can result in:

Reduction or outright denial of damages.
Potential liability for damages caused to the opposing party due to bad faith.

5. Avoidance of Aggravating Harm

The injured party must not engage in acts that aggravate their own injury. Courts may reduce damages if the injured party’s negligence or actions worsened their condition.

Contributory Negligence (Article 2179 of the Civil Code):
"When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages."
- If the injured party contributed to the injury, but not solely, their damages may still be reduced in proportion to their fault.

6. No Recovery for Speculative Damages

An injured party cannot claim speculative or hypothetical damages. Damages must be based on a demonstrable, actual loss.

Article 2199 of the Civil Code:
Damages may only be awarded if they are "the natural and probable consequences of the breach of the obligation and have been proved with certainty."

7. Specific Obligations Depending on the Nature of Damages

Actual Damages:
- Injured parties must provide precise and concrete evidence of pecuniary loss.
- Receipts, contracts, and financial statements are often required.
Moral Damages:
- Injured parties must establish emotional suffering caused by the wrongful act.
- Evidence may include testimony, medical records, and psychological reports.
Exemplary Damages:
- Injured parties must prove the defendant’s gross negligence or malice.
- Exemplary damages are not granted as a matter of right but as an example or correction for public good.
Nominal Damages:
- Awarded when the injured party cannot prove actual loss but demonstrates a violation of a right.

8. Judicial Interpretation

Philippine courts have consistently emphasized the equitable balance between protecting the injured party’s rights and preventing abuse of the remedies provided by law. Key rulings include:

Eastern Shipping Lines, Inc. v. Court of Appeals (1994): Articulated the principle that damages must be commensurate to the actual loss sustained.
Coca-Cola Bottlers Philippines, Inc. v. Spouses Dionisio (2010): Reiterated the injured party’s duty to mitigate damages and the prohibition against speculative recovery.

Conclusion

The duty of the injured party in claims for damages serves as a safeguard against abuse while promoting equity and fairness in the justice system. By adhering to the principles of mitigation, reasonableness, good faith, and proper evidence, injured parties can seek just compensation without exceeding what is legally and equitably due.