Temperate or Moderate Damages Flashcards
What are temperate or Moderate damages?
Temperate or moderate damages, which are
more than nominal but less than compensatory damages, may be recovered when the court fi nds that some pecuniary loss has been suffered but its amount CAN NOT, from the nature of the case, be proved with certainty.
What is the reason for allowing Temperate damages?
“In some States of the American union, temperate damages
are allowed. There are cases where from the nature of
the case, defi nite proof of pecuniary loss cannot be offered,
although the court is convinced that there has been such
loss. For instance, injury to one’s commercial credit or to the
goodwill of a business fi rm is often hard to show with certainty
in terms of money. Should damages be denied for that
reason? The judge should be empowered to calculate moderate
damages in such cases, rather than that the plaintiff should
suffer, without redress, from the defendant’s wrongful act.”
(Report of the Code Commission, p. 75
Is suffering of some pecuniary loss required in the awarding of temperate or moderate damages?
Yes. It is imperative under Art. 2224 that “some pecuniary loss
has been suffered” (though uncertain); otherwise, temperate
damages cannot be recovered. (See Victorino, et al. v. Nora
[C.A.] 52 O.G. 911). As long, however, as there has been an
injury (such as a physical injury) the fact that the same is
incapable of pecuniary estimation does not preclude the right
to an indemnity. Here the judge may calculate moderate damages.
(Necesito v. Paras, 104 Phil. 75).
What is the case of Consolidate v CA?
Consolidated Plywood Industries, Inc., et al. v.
CA, et al.
GR 101706, Sep. 23, 1992
In the case at bar, there was no showing nor proof that
petitioner was entitled to an award of this kind of damages
in addition to the actual damages it suffered as a direct consequence
of private respondents’ act.
The nature of the contract between the parties is such
that damages which the innocent party may have incurred
can be substantiated by evidence.
What is the doctrine of Ramos v CA?
Temperate damages can and should be awarded on top
of actual or compensatory damages in instances where the
injury is chronic and continuing. And because of the unique
nature of such cases, no incompatibility arises when both
actual and temperate damages are provided for. The reason
is that these damages cover two distinct phases.
As it would not be equitable — and certainly not in
the best interests of the administration of justice — for the
victim in such cases to constantly come before the courts and
invoke their aid in seeking adjustments to the compensatory
damages previously awarded — temperate damages are appropriate.
The amount given as temperate damages, though
to a certain extent speculative, should take into account the
cost of proper care.
How is temperate damages be awarded?
What is reasonable is a question of fact, depending on
the relevant circumstances.
