2. Duty of Injured Party to Mitigate Damages

L. Duty of Injured Party

The injured party is obligated to undertake measures that will alleviate and not aggravate his condition after the infliction of the injury or nuisance.

Doctrine of Avoidable Consequences

The party suffering loss or injury must exercise the diligence of a good father of the family to minimize the damages resulting from the act or omission. (Art. 2203, NCC)

Reduction of damages in contracts, quasi-contracts and quasi-delicts<br>

The court can equitably mitigate the damages in contracts, quasi-contracts and quasi-delicts in the following instances other than in Art. 2214:

• That the plaintiff himself has contravened the terms of the contract;
• That the plaintiff has derived some benefit as a result of the contract;
• In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel;
• That the loss would have resulted in any event; and
• That since the filing of the action, the defendant has done his best to lessen the plaintiff’s loss or injury. (NCC, Art. 2215)

Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. (NCC, Art. 2227)

NOTE: There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the imposition of the legal penalty. (NCC, Art. 2034)

MISCELLANEOUS RULES

The injured party is obligated to undertake measures that will alleviate and not aggravate his condition after the infliction of the injury or nuisance.

The party suffering loss or injury must exercise the diligence of a good father of the family to minimize the damages resulting from the act or omission. (NCC, Art. 2203)

Mitigate Damages

The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise [Art. 2031, CC]

Mitigation of Actual Damages

In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate damages under Article 2215; the defendant’s reliance on advice of counsel is a listed consideration in cases where exemplary damages are to be awarded:

• Violation of terms of the contract by the plaintiff himself;
• Enjoyment of benefit under the contract by the plaintiff himself;
• That the loss would have resulted in any event;
• Defendant acted upon advice of counsel in cases where exemplary damages are to be awarded, such as under Article 2232 in contracts;
• Defendant has done his best to lessen the plaintiff’s injury or loss. (Pineda, 2009)

NOTE: Award of compensatory damages for breach of contract may be executed pending appeal, but not the moral and exemplary damages which must await the final determination of the main cases. (Radio Communications of the Philippines, Inc. v. Lantin, G.R. No. L-59311, January 31, 1985; Tiorosio-Espinosa v. Presiding Judge Virginia Hofileña-Europa, G.R. No. 185746, January 20, 2016)

• For Crimes:

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

In criminal offenses, exemplary damages as part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. (NCC, Art. 2230)