ACTUAL OR COMPENSATORY DAMAGES

ACTUAL OR COMPENSATORY DAMAGESACTUAL OR COMPENSATORY DAMAGESACTUAL OR COMPENSATORY DAMAGES

ACTUAL OR COMPENSATORY DAMAGESArt. 2199 NCCExcept as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved.Art. 2199 NCCArt. 2199 NCCSuch compensation is referred to us actual or compensatory damages

Algarra vs Sandejaspurpose 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 damages are not dependent on nor graded by the intent with which the wrongful act is done.

shall be construed to include all damages that the plaintiff may he has suffered in respect to his property, business, trade, profession, or occupation, and no other damages whatever."

Kinds of Actual and Compensatory DamagesDano Emergente - Loss of what a person already possess.Lucro CessanteFailure to receive as a benefit that would have pertained to him.Ex: (Art 2205 NCC)Includes loss or impairment of earning capacity in cases of temporary or permanent injury.-Injury to the plaintiffs business standing or commercial credit.

Extent and Measure of DamagesIn crimes and quasi-delict, the defendant shall be liable for all damages which are the natural and probable consequences of the act and omission complained of. It is not necessary that such damages have been foreseen or could have foreseen by the defendant (Art. 2202 NCC)

The amount should be that which would put the plaintiff in the same position as he would have been if he had not sustained the wrong for which he is now getting his compensation or reparation.

To recover damages, the amount of loss must not only be capable of proof but must actually be proven.

Uncertainty as to the present amount is not necessarily fatal.

Damage to PropertyGoods destroyed by the wrongful act of the defendant, plaintiff is entitled to their value at the time of destruction plus damages.

Where plaintiff was deprived of his possession, said plaintiff is entitled to the value of the said premises. (Ching vs. CA)

With respect to real property, the measure of damage for permanent injury is ordinarily the difference between the reasonable market value of the property immediately before and after the injury. (Reed vs Mercer County Fiscal)

The plaintiff is also entitled to damages equivalent to rentals even if the trespass is intermittent. (Daywalt vs La Corporation De Los Padres Recoletos)

Personal Injury and DeathIf the plaintiff is asking for damages for his own injury or for the death of his relative, said plaintiff is entitled to the amount of medical expenses as well as other reasonable expenses to cured his relatives injuries. (Ramos vs Ca)In proper cases, the award of damages may likewise include the amount spent for the plastic surgery of the plaintiff or any procedure to restore the part of the body that was affected. (Gathalian vs Delim)In case of death the plaintiff is entitled to the amount he spent during the wake and funeral of the deceased. However expenses incurred after the burial are not compesable. Damages may also be awarded for cases falling under Art. 2206 of the NCC).

Loss of earning capacityVariables considered :1. Life Expectancy

2. Net Income Earnings less expenses for the creation of such earnings less living and other incidental expense.

Loss of profitsThe right to recover lost of profits is now expresslyrecognized under the New Civil Code.

2. May be determined by considering the average profit for the preceding years multiply by the number of years during which the business was affected by the wrongful act.

Attorneys feesThey are actual damage. It is due to the plaintiff and not to the counsel.

2. Plaintiff must alleged the basis of his claims for attorneys fees in the complaint (basis should be one of the 11 cases specified in Art. 2208).

Interests.When obligation is breached and it consists of payment of sum of money, i.e., a loan or forbearance of money.

When obligation not constituting a loan or forbearance of money, is breached.

3. When judgment of the court awarding the sum of money becomes final and executory.

Doctrine of Avoidable Consequences- A party cannot recover damages flowing from consequences which the party could reasonably have avoided.

Doctrine of Avoidable ConsequencesContributory NegligenceActs of the plaintiff occur after the acts of omission of the defendantActs of plaintiff occurred before or during at the time of the acts or omission of the defendant