REMEDIES

Such indemnity shall in every case be assessed and awarded

by the court , unless the deceased on account of permanent
physical disability not caused by the defendant, had no earning
capacity at the time of his death;

4.
5.
6.
7.
-

Injury to Business Standing/Credit

Indemnity for Death currently at P50,000
Lost Income = Life Expectancy * Net Income
Support for Compulsory heirs
If the deceased was obliged to give support according to the
provisions of article 291, the recipient who is not an heir called
to the decedents inheritance by the law of the testate or
intestate succession, may demand support from the person
casing the death, for a period not exceeding 5 years, the exact
duration to be fixed by the court
The spouse legitimate and illegitimate descendants and
ascendants of the deceased may demand moral damages for
mental anguish by reason of the death of the deceased

Types of Actions :
1.
2.
3.

Culpa Aquiliana
Culpa Contractual
Culpa Criminal
a.

General Rule : Actions to recover civil liability are deemed

instituted with the criminal action.
Exceptions :
i.
Waiver
ii.
Reservation
iii.
Prior Institution

b.

General Rule : Criminal Actions proceed before the civil

action
Exception: When there is a prejudicial question

RULES ON INTEREST
DAMAGES A sum of money which the law awards or imposes as
pecuniary compensation, recompense or satisfaction for an injury done
or wrong sustained as a consequence of the breach of some duty or the
violation of some right.
GENERAL PRINCIPLES:
1. Damages must be proved.
2. Amount of damages must be fair and commensurate to the
loss.
3. Damages must be a consequence of the tortuous act.
4. Remote and speculative damages are not allowed.
ACTUAL DAMAGES
-

or compensatory damages
the compensation awarded to a person for such pecuniary loss
suffered by him as he has duly proved

Kinds
1.
2.
3.

Value of Loss (Damnun Emergens)

Unrealized Profits
Loss of Earning Capacity The defendant shall be liable for the
loss of the earning capacity of the deceased, and the indemnity
shall be paid to the heirs of the latter

1.
2.
3.

No interest may be awarded unless:

a. stipulated; or
b. delay or default
If there is stipulated rate, apply that rate. If no stipulation,
apply any legal rate (6%). In both cases, interest accrues upon
demand.
Upon finality of the decision, interest rate is 12% (CB Circular:
forbearance of money

ATTORNEYS FEES
When Attorneys Fees are recoverable
1. When exemplary damages are awarded;
2. When the defendants act or omission has compelled the
plaintiff to litigate with 3rd persons or to incur expenses to
protect his interests;
3. In criminal cases of malicious prosecution against the plaintiff
4. Where the defendant acted in gross and evident bad faith in
refusing to satisfy the plaintiffs valid, just and demandable
claiml
5. In case of a clearly unfounded civil action or proceeding against
the plaintiff
6. In actions for legal support
7. In action for the recovery of wages of household help, laborers
and skilled workers.
8. In actions for indemnity under the workmens compensation
and employers liability laws

9.

In a separate civil action to recover civil liability arising from a

crime
10. When at least double judicial costs are awarded
11. In any other case where the courts deems it just and equitable
that attorneys fees and expenses of litigation should be
recovered.
MORAL DAMAGAES
the compensation awarded to a person for physical suffering,
mental anguish, fright, serious anxiety, besmirched reputation,
wounded feeling, moral shock, social humiliation and similar
injury.
NOMINAL DAMAGES
an amount awarded to a person in order that his right, which
has been violated or invaded, may be vindicated or recognized

TEMPERATE OR MODERATE DAMAGES

the compensation which is more than nominal but less than
compensatory damages awarded to a person when the court
finds that he has suffered some pecuniary loss, but its amount
cannot from the nature of the case be proved with certainty
LIQIUDATED DAMAGES
that agreed upon by the parties to a contract, to be paid in
case of breach thereof
EXEMPLARY OR CORRECTIVE DAMAGES
- that imposed by way of example or correction for the public good, in
addition to the moral, temperate, liquidated or compensatory damages