OTHER KINDS OF DAMAGES

Nominal and Temperate Damages

What are nominal damages?

Art. 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

Nature and purpose of nominal damages

Nominal damages are not for indemnification of loss but for vindication of a right violated (Ventanilla v. Centeno)

Assessment of nominal damages

The assessment of nominal damages is left to the sound discretion of the court in accordance with the circumstances of each case.

Nominal damages and other damages

Nominal damages cannot be awarded together with compensatory, moral or temperate damages.
Nominal damages and attorneys fees are compatible.

Nominal damages in labor cases

Dismissal for an authorized cause with lack of statutory due process entitles employee to nominal damages

Factors in the determination of amount of nominal damages in labor cases

a) b) c) d) e) Authorized cause invoked Number of employees to be awarded Capacity of employers to satisfy the award Grant of other termination benefits Bona fide attempt to comply with notice requirements

All sources of obligation may give rise to nominal damages

Art. 2222 The court may award nominal damages in every obligation arising from any source enumerated in article 1157, or in every case where any property right has been invaded.

Res judicata

Art. 2223 The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.

What are temperate damages?

Art. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty.

Rationale behind temperate damages

When the court is convinced that there has been such loss, the judge is empowered to calculate moderate damages rather than let the complainant suffer without redress from the defendants wrongful act (GSIS v. Labung-Deang).

Requisites to justify award for temperate damages

1) Some pecuniary loss has been suffered 2) The amount cannot be proved with certainty

Reasonableness of temperate damages

What is reasonable is one which is not excessive nor very low in the estimation of men of ordinary intelligence and discretion. Temperate damages should be one-half of the indemnity for death.

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