Nominal Damages Flashcards
What are Nominal Damages?
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
What is the reason for the grant of Nominal Damages?
“There are instances when the vindication or recognition
of the plaintiff’s right is of the utmost importance to him as in the case of trespass upon real property. The awarding of
nominal damages does not therefore run counter to the maximde minimio non curat lex (the law does not cure or botherwith trifles).” (Report of the Code Commission, p. 74).
What is the meaning of the latin maxim “maximde minimio non curat lex “
The law does not cure or bother with trifles.
What is the doctrine of LRT v Navidad?
LRT v. Navidad,
GR 145804, Feb. 6, 2003
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. (Art. 2221).
It is an established rule that nominal damages cannot co-exists
with compensatory damages. (Medina v. Cresencia, 99 Phil.
506). Nor is the award of nominal damages. Nor is the award of
nominal damages in addition to actual damages tenable.
What is the effect of granting compensatory and exemplary damages to nominal damages?
If compensatory and exemplary damages have been exemplary
damages have been awarded, this award is by itself a
judicial recognition that the plaintiff’s right has been violated.
Therefore, a further award, this time of nominal damages, is
unnecessary and improper. (Meding, et al. v. Cresencia, et al.,
L-8194, Jul. 11, 1956). It should be remembered that nominal
damages are merely for the VINDICATION of a right that
has been violated, not for indemnifi cation of the loss suffered.
(Ventanilla v. Centeno, L-14333, Jan. 28, 1961).
Give me the case of Sumalpong v CA.
FACTS: Some species of injury have been caused to
complainant because of the medical expenses he has incurred
in having his wounds treated, and the loss of income due to
his failure to work during his hospitalization.
ISSUE: In the absence of competent proof of the amount
of actual damages, is the complainant entitled only to nominal
damages?
HELD: Yes. Whenever there has been a violation of an
ascertained legal right, although no actual damages resulted
or none are shown, the award of nominal damages is proper.
Nominal damages are adjudicated in order that a right of
the plaintiff, which has 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.
Give me the case of PT&T v CA
FACTS: Petitioner PT&T, for a fee, undertook to send
private respondent two telegraphic money orders in the sum
of P3,000. Petitioner, however, failed to deliver the money to
respondent immediately after the money order was transmitted
to its Cubao branch. It was almost two months from transmitted
that respondent was fi nally able to have her money. Issue: For
the violation of the right of private respondent to receive timely
delivery of the money transmitted thru petitioner corporation,
is an award of nominal damages appropriate?
HELD: Yes. An amount of P20,000 by way of nominal
damages, considering all that private respondent has had to go
thru, is reasonable and fair. “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.” (Art. 2221, Civil Code). (Sumalpong v.
CA, 268 SCRA 764). Nominal damages may be awarded in
every obligation arising from any source enumerated in Art.
1157 or, generally, in every case where property right is invaded.
What is the liability of a Negligent Lawyer?
A lawyer who thru negligence fails to deposit on time
the appeal bond, and to fi le the record of appeal within the
extension period (asked for by him) and granted by the Court, while not liable for actual damages, may nevertheless be liable
for nominal damages. This is discretionary on the part of the
Court. (Ventanilla v. Centeno, L-14333, Jan. 28, 1961).
When are nominal damages awarded?
The assessment of nominal damages is left to the discretion
of the court, according to the circumstances of the case.
(Ventanilla v. Gregorio Centeno, L-14333, Jan. 28, 1961). An
award of nominal damages precludes the recovery of actual,
moral, temperate, or moderate damages. (Ibid.).
Can nominal damages be awarded although plaintiff is not entitled to actual, moral, or exemplary damages?
Yes.Dee Hua Liong Electrical Equipment
Corp. v. Reyes
GR 72182, Nov. 25, 1986
The effect of Adjudication of Nominal damages.
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.
