Art. 2225.

Temperate damages must be

reasonable under the circumstances.

These damages are awarded for pecuniary

loss, in an amount that, from the nature of
the case, cannot be proved with certainty.
REQUISITES

(1) Actual existence of pecuniary loss.

(2) The nature and circumstances of the loss prevents proof of the exact amount.

(3) They are more than nominal and less than compensatory.

(4) Causal connection between the loss and the defendant’s act or omission.

(5) Amount must be reasonable. In cases where the resulting injury might be continuing and
possible future complications directly arising from the injury, while certain
to occur are difficult to predict, temperate damages can and should be awarded on top of
actual or compensatory damages; in such cases there is no incompatibility between
actual and temperate damages as they cover two distinct phases [Ramos v. CA, supra].

Temperate damages are incompatible with nominal damages hence, cannot be granted
concurrently [Citytrust Bank v. IAC (1994)].

NOMINAL DAMGES
Vindicating or recognizing the injured party’s right to a property that has been violated or
invaded.
Temperate damages are included within the context
of compensatory damages. [Tan v.OMC Carriers,].

The SC awarded temperate damages in lieu of

actual damages for loss of earning capacity where
earning capacity is plainly established but no
evidence was presented to support the allegation
of the injured party’s actual income [Pleno v. CA,
G.R. No. 56505 (1988).
Courts are authorized to award temperate
damages even in cases where the amount of
pecuniary loss could have been proven with
certainty, if no such adequate proof was
presented. The allowance of temperate damages
when actual damages were not adequately proven
is ultimately a rule drawn from equity, the
principle affording relief to those definitely
injured who are unable to prove how definite the
injury [Republic v. Tuvera, G.R. No. 148246
(2007)].
FACTORS IN DETERMINING AMOUNT

The SC awarded temperate damages where

from the nature of the case, definite proof of
pecuniary loss cannot be adduced, although the
court is convinced that the plaintiff suffered some
pecuniary loss. [De Guzman v. Tumolva, G.R.
No. 188072 (2011)].
 WHERE NO RECEIPTS WERE PROVIDED

Where the amount of actual damages cannot be

determined because no receipts were presented to
prove the same but it is shown that the heirs are
entitled thereto, temperate damages may be
awarded, fixed at P25,000.00. Considering that
funeral expenses were obviously incurred by the
victim’s heirs, an award of P25,000.00 as
temperate damages is proper [People v. Surongon
(2007)].
Liquidated Damages
Art. 2226. Liquidated damages are those
agreed upon by the parties to a contract, to
be paid in case of breach thereof.

Art. 2227. Liquidated damages, whether

intended as an indemnity or a penalty, shall
be equitably reduced if they are iniquitous or
unconscionable.
It differs from a penal clause in that in
the latter case the amount agreed to
be paid may bear no relation to the
probable damages resulting from the
breach. Basically, a penalty is “ad
terrorem,” while liquidated
damages are “ad reparationem.”
REQUISITES AND
CHARACTERISTICS

(1) Liquidated damages must be

validly stipulated.
(2) There is no need to prove the
amount of actual damages.
(3) Breach of the principal contract
must be proved.
RULES GOVERNING BREACH OF
CONTRACT

Art. 2228. When the breach of the

contract committed by the defendant is
not the one contemplated by the parties
in agreeing upon the liquidated
damages, the law shall determine the
measure of damages, and not the
stipulation.
Kinds of Attorneys Fees

1. Ordinary – reasonable compensation paid to a

lawyer by this client for the legal services he has
rendered to the latter.

2. Extraordinary – awarded by the court to the

successful litigant to be paid by the losing party as
indemnity for damages (Aquino v. Casabar, G.R. No.
191470, January 26, 2015). They are actual damages
due to the plaintiff.

Payable not only to the lawyer but to the client,

unless they have agreed that the award shall pertain
to the lawyer as additional compensation or as part
thereof (Benedicto v. Villaflores, G.R. No. 185020,
October 6, 2010).
Recovery of attorney’s fees as actual damages (1991,1994, 2002
BAR)

GR: Attorney’s fees cannot be recovered as actual damages.

XPNs:
1. Stipulation between parties;
2. Recovery of Wages of household helpers, laborers and skilled
workers;
3. Actions for Indemnity under workmen's compensation and
employer liability laws;
4. Legal Support actions;
5. Separate civil action to recover civil liability arising from crime;
6. Malicious prosecution;
7. Clearly Unfounded civil action or proceeding against plaintiff;
8. When Double judicial costs are awarded;
9. When Exemplary damages are awarded;
10. Defendant acted in gross & evident bad faith in Refusing to
satisfy plaintiff's just & demandable claim; and
11. When defendant's act or omission Compelled plaintiff to litigate
with third persons or incur expenses to protect his interest(Art.
2208)
NOTE: If not pleaded and prayed for in the
complaint, attorney’s fees are barred (Tin Po v.
Bautista, G.R. No. L55514, March 17,1981).

Furthermore, moral damages and attorney’s fees

cannot be consolidated for they are different
in nature and each must be separately
determined (Philippine Veterans Bank v. NLRC,
G.R. No. 130439, October 26, 1999).

Attorneys’ fees is not available when the

defendantemployer is not guilty of bad faith
(Dalusong v. Eagle Clark Shipping Philippines,
Inc., G.R. No. 204233, September 3, 2014).
Contingency fee contract

One which stipulates that the lawyer will be paid for

his legal services only if the suit or litigation ends
favorably to the client. (2006, 2014 Bar)

Champertous contract

Is one where the lawyer stipulates with his client in

the prosecution of the case that he will bear all the
expenses for the recovery of things or property
being claimed by the client, and the latter agrees to
pay the former a portion of the thing or property
recovered as compensation. (2014 Bar)
Retaining Lien - right of the attorney to retain
the funds, documents, and papers of his client
which have lawfully come into his possession
until his lawful fees and disbursements have
been paid and to apply such funds to the
satisfaction thereof. (1996, 2004 Bar)

Charging Lien - right which the attorney has

upon all judgments for the payment of
money, and executions issued in pursuance
of said judgments, which he has secured in
litigation of his client.
TRIAL COURT
in Criminal Case No. 7698-G
WHEREFORE and in view of all the foregoing,
the Court finds accused Ireneo Jugueta guilty
beyond reasonable doubt for Double Murder
defined and punished under Article 248 of the
Revised Penal Code and is hereby sentenced to
suffer Reclusion Perpetua for the death of Mary
Grace Divina and to indemnify her heirs in the
amount of Php50,000.00 and another to
suffer Reclusion Perpetua for the death of
Claudine Divina and accused is further ordered
to indemnify the heirs of Claudine Divina in the
sum of Php50,000.00. In addition, he is hereby
ordered to pay the heirs of the victims actual
damages in the amount of Php16,150.00 and to
pay for the costs.
SUPREME COURT
) In Criminal Case No. 7698-G,
the Court finds accused-appellant Ireneo
Jugueta GUILTY beyond reasonable doubt of
two (2) counts of the crime of murder defined
under Article 248 of the Revised Penal Code,
attended by the aggravating circumstance
of dwelling, and hereby sentences him to
suffer two (2) terms of reclusion
perpetua without eligibility for parole under
R.A. 9346. He is ORDERED to PAY the heirs of
Mary Grace Divina and Claudine Divina the
following amounts for each of the two
victims: (a) ₱100,000.00 as civil indemnity; (b)
₱100,000.00 as moral damages; (c)
₱100,000.00 as exemplary damages; and (d)
₱50,000.00 as temperate damages.
TRIAL COURT
in Criminal Case No. 7702-G
WHEREFORE and in view of all the
foregoing, the Court finds accused
Ireneo Jugueta guilty beyond
reasonable doubt for Multiple
Attempted Murder defined and
penalized under Article 248 in
relation to Article 51 of the Revised
Penal Code and is hereby
sentenced to suffer the penalty of
FOUR (4) YEARS and TWO (2)
MONTHS of Prision Correccional as
minimum to EIGHT (8) YEARS and
ONE (1) DAY of Prision Mayor as
maximum for each of the offended
parties;
SUPREME COURT
In Criminal Case No. 7702-G
the Court finds accused-appellant
Ireneo Jugueta GUILTY beyond
reasonable doubt of four (4) counts of
the crime of attempted murder defined
and penalized under Article 248 in
relation to Article 51 of the Revised
Penal Code, attended by the
aggravating circumstance of dwelling,
and sentences him to suffer the
indeterminate penalty of four (4) years,
two (2) months and one (1) day
of prision correccional, as minimum, to
ten (10) years and one (1) day of prision
mayor, as maximum, for each of the
four (4) counts of attempted murder.
He is ORDERED to PAY moral damages
in the amount of P50,000.00, civil
indemnity of P50,000.00 and exemplary
damages of PS0,000.00 to each of the
four victims, namely, Norberto Divina,
Maricel Divina, Elizabeth Divina and
Judy Ann Divina.
SUPREME COURT

Accused-appellant Ireneo Jugueta

is also ORDERED to PAY interest at
the rate of six percent (6%) per
annum from the time of finality of
this decision until fully paid, to be
imposed on the civil indemnity,
moral damages, exemplary
damages and temperate
damages.
SUMMARY OF DAMAGES:

I. For those crimes like, Murder, Parricide, Serious

Intentional Mutilation, Infanticide, and other crimes
involving death of a victim where the penalty consists
of indivisible penalties:

1.1 Where the penalty imposed is death but reduced

to reclusion perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
1.2 Where the crime committed was not
consummated:

a. Frustrated:
i. Civil indemnity – ₱75,000.00
ii. Moral damages – ₱75,000.00
iii. Exemplary damages – ₱75,000.00

b. Attempted:
i. Civil indemnity – ₱50,000.00
ii. Exemplary damages – ₱50,000.00
iii. Exemplary damages – ₱50,000.00
2.1 Where the penalty imposed is reclusion perpetua,
other than the above-mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00

2.2 Where the crime committed was not consummated:

a. Frustrated:
i. Civil indemnity – ₱50,000.00
ii. Moral damages – ₱50,000.00
iii. Exemplary damages – ₱50,000.00

b. Attempted:
i. Civil indemnity – ₱25,000.00
ii. Moral damages – ₱25,000.00
iii. Exemplary damages – ₱25,000.00
II. For Simple Rape/Qualified Rape:

1.1 Where the penalty imposed is Death but

reduced to reclusion perpetua because of
RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00

1.2 Where the crime committed was not

consummated but merely attempted:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
2.1 Where the penalty imposed is reclusion
perpetua, other than the above-
mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00

2.2 Where the crime committed was not

consummated, but merely attempted:
a. Civil indemnity – ₱25,000.00
b. Moral damages – ₱25,000.00
c. Exemplary damages – ₱25,000.00
III. For Complex crimes under Article 48 of the
Revised Penal Code where death, injuries,
or sexual abuse results, the civil indemnity,
moral damages and exemplary damages
will depend on the penalty, extent of
violence and sexual abuse; and the
number of victims where the penalty
consists of indivisible penalties:

1.1 Where the penalty imposed is Death but

reduced to reclusion perpetua because of
RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
1.2 Where the penalty imposed is reclusion
perpetua, other than the above-
mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00

The above Rules apply to every victim who

dies as a result of the crime committed. In
other complex crimes where death does
not result, like in Forcible Abduction with
Rape, the civil indemnity, moral and
exemplary damages depend on the
prescribed penalty and the penalty
imposed, as the case may be.
IV. For Special Complex Crimes like Robbery with
Homicide, Robbery with Rape, Robbery with
Intentional Mutilation, Robbery with Arson, Rape with
Homicide, Kidnapping with Murder, Carnapping with
Homicide or Carnapping with Rape, Highway
Robbery with Homicide, Qualified Piracy, Arson with
Homicide, Hazing with Death, Rape, Sodomy or
Mutilation and other crimes with death, injuries, and
sexual abuse as the composite crimes, where the
penalty consists of indivisible penalties:

1.1 Where the penalty imposed is Death but reduced

to reclusion perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
In Robbery with Intentional Mutilation, the amount of
damages is the same as the above if the penalty
imposed is Death but reduced to reclusion
perpetua although death did not occur.

1.2 For the victims who suffered mortal/fatal

wounds and could have died if not for a timely
medical intervention, the following shall be awarded:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00

1.3 For the victims who suffered non-mortal/non-fatal

injuries:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
2.1 Where the penalty imposed is reclusion
perpetua, other than the above-mentioned:
a. Civil indemnity – ₱75,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00

In Robbery with Intentional Mutilation, the amount of

damages is the same as the above if the penalty
imposed is reclusion perpetua.

2.2 For the victims who suffered mortal/fatal wounds

and could have died if not for a timely medical
intervention, the following shall be awarded:
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
2.3 For the victims who suffered non-mortal/non-fatal injuries:
a. Civil indemnity – ₱25,000.00
b. Moral damages – ₱25,000.00
c. Exemplary damages – ₱25,000.00

In Robbery with Physical Injuries, the amount of damages

shall likewise be dependent on the nature/severity of the
wounds sustained, whether fatal or non-fatal.

The above Rules do not apply if in the crime of Robbery with

Homicide, the robber/s or perpetrator/s are themselves
killed or injured in the incident.

Where the component crime is rape, the above Rules shall

likewise apply, and that for every additional rape
committed, whether against the same victim or other
victims, the victims shall be entitled to the same damages
unless the other crimes of rape are treated as separate
crimes, in which case, the damages awarded to simple
rape/qualified rape shall apply.
V. In other crimes that result in the death of a victim and the penalty
consists of divisible penalties, i.e., Homicide, Death under
Tumultuous Affray, Infanticide to conceal the dishonour of the
offender, Reckless Imprudence Resulting to Homicide, Duel,
Intentional Abortion and Unintentional Abortion, etc.:

1.1 Where the crime was consummated:

a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱50,000.00

1.2 Where the crime committed was not consummated, except

those crimes where there are no stages, i.e., Reckless
Imprudence and Death under tumultuous affray:
a. Frustrated:
i. Civil indemnity – ₱30,000.00
ii. Moral damages – ₱30,000.00

b. Attempted:
i. Civil indemnity – ₱20,000.00
ii. Moral damages – ₱20,000.00
If an aggravating circumstance was proven during the
trial, even if not alleged in the Information, in addition
to the above mentioned amounts as civil indemnity
and moral damages, the amount of ₱50,000.00
exemplary damages for consummated; ₱30,000.00
for frustrated; and ₱20,000.00 for attempted, shall be
awarded.

VI. A. In the crime of Rebellion where the imposable

penalty is reclusion perpetua and death occurs in the
course of the rebellion, the heirs of those who died
are entitled to the following:

a. Civil indemnity – ₱100,000.00

b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
B. For the victims who suffered mortal/fatal
wounds in the course of the rebellion and
could have died if not for a timely medical
intervention, the following shall be awarded:

a. Civil indemnity – ₱75,000.00

b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00

C. For the victims who suffered non-mortal/non-

fatal injuries:

a. Civil indemnity – ₱50,000.00

b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
VII. In all of the above instances, when no
documentary evidence of burial or
funeral expenses is presented in court,
the amount of ₱50,000.00 as temperate
damages shall be awarded.