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Chapter Sixteen Damages 1. Definition and Concept

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CHAPTER SIXTEEN

DAMAGES

1. DEFINITION AND CONCEPT.


In the case of People vs. Ballesteros, the Supreme Court defined the word “damage” as
the pecuniary compensation, recompense, or satisfaction for an injury sustained, or as
otherwise expressed, the pecuniary consequences which the law imposes for the breach of
some duty or violation of some rights.

In the case of Garrido vs. De la Paz, the Supreme Court explained that in order to
recover damages, the claimant must prove the following: 1) injury or wrong sustained; 2) as
consequence of a breach of contract or tort; and 3) caused by the party chargeable with a
wrong. Damages may be claimed not only if the source of obligation is contract or quasi-delict
but also if the source of obligation is law, delict, and quasi-contract.

Complaint is a personal action. Cited in the case of Baritua vs. CA, it may be commenced
and tried where the defendant or any of the defendant resides or may be found, where the
plaintiff or any of the plaintiffs resides at the election of the plaintiffs.

Discussed in the case of Heirs of Simeon Borlado vs. CA, award must be monetary, courts
should award an amount to the winning party and not its equivalent in property.

2. DAMNUM ABSQUE INJURIA.


As cited in the case of Custudio vs. CA, there is not liability even if there is damage
because there is not injury. Mere damage without injury does not result in liability.

It was also invoked in the case of Equitable Banking Corporation vs. Calderon, it is a case
involving cancellation of credit card pursuant to the provisions of the credit card agreement
allowing automatic suspension of the credit card if the holder exceeded the limit provided for
the card. There is no injury even if the cardholder suffered because of the dishonor of the card
by a merchant.

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