SPL (atty caguiat) Tues 5-9

1.Next Class will be the week before Exam week.

2.Summarize all assigned SPLs for submission during finals.
3.Format: "definition of terms, violations of the law, elements of particular violations of the law,
persons liable, and penalties."
4.add the ff: RAs 9372, 7438, 8049, 10591, dangerous drugs act, and pd 1829.
5.kasama yung mga inassign after midterms and after our quiz last mtng.
WHEN MAY ATTORNEYS FEES BE AWARDED?
Attorneys fees may be awarded only when a separate civil action to recover civil liability has been
filed or when exemplary damages are awarded
The reason for this is that there is no attorney in a criminal case, only a public prosecutor, who is
compensated by the government

WHEN CAN ATTORNEYS FEES BE AWARDED IN
CRIMINAL CASES?
If there is award of exemplary damages

ACTUAL/ COMPENSATORY DAMAGES
Purpose
Actual or compensatory damages simply make good or replace the loss caused by the wrong.

Manner of Determination
Claimant must produce competent proof or the best evidence obtainable such as receipts to justify an
award therefore. Actual or compensatory damages cannot be presumed but must be proved with
reasonable certainty. (People v. Ereno, Feb. 22, 2000)

Special/Ordinary
Ordinary
NOTE: Ordinary Damages are those generally inherent in a breach of a typical contract

MORAL DAMAGES
Purpose
Awarded only to enable the injured party to obtain means, diversion or amusement that will alleviate the
moral suffering he has undergone, by reason of defendants culpable action. (Robleza v. CA, 174 SCRA
354)

Manner of Determination
No proof of pecuniary loss is necessary. The assessment is left to the discretion of the court according to
the circumstances of each case. However, there must be proof that the defendant caused physical
suffering etc. (Compania Maritima v. Allied Free Workers Union, G.R. No. L-31379, Aug. 29, 1988). GR:
Factual basis must be alleged. Aside from the need for the claimant to satisfactorily prove the existence
of the factual basis of the damages, it is also necessary to prove its causal relation to the defendants act
(Raagas v. Trava, G.R. No. L-20081, Feb. 27,1968; People v. Manero, G.R. Nos. 86883-85, Jan. 29,
1993).

Exception: Criminal cases. Moral damages may be awarded to the victim in criminal proceedings in such
amount as the court deems just without need for pleading or proof of the basis thereof (People v.
Paredes, July 30, 1998).

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a debtor
in good faith can be held liable if he had been previously informed of such. circumstances.

NOMINAL DAMAGES
Purpose
Vindicating or recognizing the injured partys right to a property that has been violated or invaded. (Tan v.
Bantegui, 473 SCRA 663)

Manner of Determination
No proof of pecuniary loss is necessary. Proof that a legal right has been violated is what is only required.
Usually awarded in the absence of proof of actual damages.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a debtor
in good faith can be held liable if he had been previously informed of such. circumstances.

TEMPERATE DAMAGES
Purpose
When the court is convinced that there has been such a loss, the judge is empowered to calculate
moderate damages rather than let the complainant suffer without redress. (GSIS v. Labung-Deang, 365
SCRA 341)

Manner of Determination
May be recovered when the court finds that some pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved with certainty. No proof of pecuniary loss is necessary.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a debtor
in good faith can be held liable if he had been previously informed of such. circumstances.

LIQUIDATED DAMAGES
Purpose
Liquidated damages are frequently agreed upon by the parties, either by way of penalty or in order to
avoid controversy on the amount of damages.

Manner of Determination
If intended as a penalty in obligations with a penal cause, proof of actual damages suffered by the
creditor is not necessary in order that the penalty may be demanded (Art. 1228, NCC). No proof of
pecuniary loss is necessary.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a debtor
in good faith can be held liable if he had been previously informed of such. circumstances.

EXEMPLARY/CORRECTIVE DAMAGES
Purpose
Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings. (People v.
Orilla, 422 SCRA 620)

Manner of Determination
1. That the claimant is entitled to moral, temperate or compensatory damages; and

2. That the crime was committed with 1 or more aggravating circumstances, or the quasi-delict was
committed with gross negligence, or in contracts and quasi-contracts the act must be accompanied by
bad faith or done in wanton, fraudulent, oppressive or malevolent manner. No proof of pecuniary loss is
necessary.

Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a debtor
in good faith can be held liable if he had been previously informed of such. circumstances.