What are the different types of damages?
In the legal context, "damages" refer to monetary compensation awarded to a person who has suffered a loss or injury due to the actions or negligence of another party. In the Philippines, the types of damages can be broadly categorized into several types: actual or compensatory damages, moral damages, nominal damages, temperate or moderate damages, liquidated damages, and exemplary or corrective damages. Each type serves a different purpose and is governed by specific provisions in the Civil Code of the Philippines.
Actual or Compensatory Damages
Actual or compensatory damages are awarded to compensate the plaintiff for the actual loss or injury suffered. These damages cover:
- Medical expenses: Costs incurred for treatment and rehabilitation.
- Loss of earnings: Compensation for lost income due to the injury.
- Property damage: Costs for repairing or replacing damaged property.
The claimant must provide concrete evidence to substantiate the claim for these damages.
Moral Damages
Moral damages are awarded to compensate for emotional distress, mental anguish, and psychological suffering. Under Philippine law, moral damages can be awarded in cases involving:
- Physical injury
- Unlawful or malicious acts
- Defamation
- Violation of privacy
- Other wrongful acts that cause emotional suffering
The claimant must prove the existence and extent of the emotional suffering to be awarded moral damages.
Nominal Damages
Nominal damages are a small sum awarded when a legal right has been violated, but the plaintiff has not suffered any substantial loss or injury. These damages recognize the infringement of the plaintiff’s rights and serve to uphold the principle of law.
Temperate or Moderate Damages
Temperate or moderate damages are awarded when the court finds that the plaintiff has suffered some loss or injury, but the exact amount cannot be determined with certainty. These damages provide reasonable compensation based on the circumstances and evidence presented.
Liquidated Damages
Liquidated damages refer to an amount agreed upon by the parties in a contract, payable in case of breach. This predetermined sum is stipulated in the contract and is enforceable if the breach occurs, provided it is not exorbitant or unconscionable.
Exemplary or Corrective Damages
Exemplary or corrective damages are awarded to set a public example and to deter the defendant and others from committing similar acts in the future. These damages are usually granted in addition to actual or moral damages and are applicable in cases involving:
- Fraud
- Gross negligence
- Malicious intent
- Acts that are oppressive or done in bad faith
The purpose is not only to compensate the plaintiff but also to serve as a deterrent to similar conduct.
Conclusion
Understanding the different types of damages in the Philippine legal system is crucial for anyone seeking redress for loss or injury. Each type of damage serves a specific purpose, from compensating actual losses to deterring wrongful conduct. It is important to provide adequate evidence to support claims for damages and to understand the legal provisions governing each type.