XII. Damages

Damages

In legal contemplation, the term “damages” is the sum of money that the law awards or imposes as pecuniary compensation, a recompense or satisfaction for an injury done or wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act. (MEA Builders, Inc. v. CA, G.R. No. 121484, January 31, 2005)

NOTE: A complaint for damages is personal in nature (personal action).

Damage v. Damages v. Injury

There is a material distinction between damage, damages, and injury. Injury is the illegal invasion of a legal right; damage is the loss, hurt, or harm which results from the injury; and damages are the recompense or compensation awarded for the damage suffered. (Spouses Santos v. Court of Appeals, G.R. No. 116100, February 9, 1996)

Damages can only be paid with money

In Heirs of Borlado v. Court of Appeals, G.R. No. 114118, August 28, 2001, the Supreme Court deleted the requirement to deliver 100 cavans of palay annually because the obligation lacked a basis.

NOTE: In actions for damages, the courts should award an amount to the winning party and not its equivalent in property

Rules in graduation of damages in crimes

In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. (NCC, Art. 2204)

Concepts