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15 Rules On Concurrence and Exclusion of Damages

This document outlines the rules on concurrence and exclusion of different types of damages under Philippine law: 1. Actual, moral, and exemplary damages can generally be awarded together. Nominal damages cannot be awarded with compensatory damages. Temperate and liquidated damages can be awarded together in some cases. 2. Moral damages can be awarded together with actual, temperate, and exemplary damages. They generally cannot be recovered for breach of contract. 3. Only nominal damages can be awarded by themselves, and not together with other types of damages.

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65 views2 pages

15 Rules On Concurrence and Exclusion of Damages

This document outlines the rules on concurrence and exclusion of different types of damages under Philippine law: 1. Actual, moral, and exemplary damages can generally be awarded together. Nominal damages cannot be awarded with compensatory damages. Temperate and liquidated damages can be awarded together in some cases. 2. Moral damages can be awarded together with actual, temperate, and exemplary damages. They generally cannot be recovered for breach of contract. 3. Only nominal damages can be awarded by themselves, and not together with other types of damages.

Uploaded by

Ei Ar Taradji
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RULES ON CONCURRENCE AND EXCLUSION OF DAMAGES

ACTUAL MORAL NOMINAL TEMPERATE LIQUIDATED EXEMPLARY


ACTUAL YES YES NO; the awards of GR: NO GR: NO, if the liquidated YES
compensatory and/or damages are meant for
exemplary damages are EXP: When the injury is indemnification.
in themselves a judicial chronic and continuing,
recognition that or when they seek to EXP: When the
plaintiff’s right was compensate for different liquidated damages are
violated. types of injuries. not for compensation, or
when he breach of
contract committed is
not the one
contemplated by the
parties in agreeing on
the LDs.

MORAL YES YES NO. Moral damages are YES. GR: NO, because MDs YES.
also compensatory in are generally not
nature. recoverable in breach of
contract situations.

EXP: In case of fraud,


bad faith, or gross
negligence, or when the
act which breaches a
contract is also a tort.

NOMINAL NO NO YES NO NO NO
ACTUAL MORAL NOMINAL TEMPERATE LIQUIDATED EXEMPLARY
TEMPERATE GR: NO YES NO YES GR: NO, if the LDs are YES.
meant for
EXP: When the injury is indemnification
chronic and continuing,
or when they seek to EXP: When the LDs are
compensate for different not for compensation, or
types of injuries. when the breach of
contract committed is
not the one
contemplated by the
parties in agreeing on
the LDs.

LIQUIDATED GR: NO, if the LDs are GR: NO, because MDs NO GR: NO, if the LDs are YES YES
meant for are generally not meant for
indemnification recoverable in breach of indemnification.
contract situations.
EXP: When the LDs are EXP: When the LDs are
not meant for EXP: In case of fraud, not meant for
compensation, or when bad faith, or gross compensation, or when
the breach of contract negligence, or when the the breach of contract
committed is not the act which breaches a committed is not the
one contemplated by contract is also a tort. one contemplated by
the parties in agreeing the parties in agreeing
on the LDs. on the LDs.

EXEMPLARY YES YES NO YES YES NO, because Eds cannot


be awarded alone.

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