Temperate or Moderate Damages Q: What Are Temperate Damages? A: Those Damages, Which Are More Than Nominal But Less
Temperate or Moderate Damages Q: What Are Temperate Damages? A: Those Damages, Which Are More Than Nominal But Less
Temperate or Moderate Damages Q: What Are Temperate Damages? A: Those Damages, Which Are More Than Nominal But Less
According to 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)
According to 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.
Elements:
1. Some pecuniary loss;
2. Loss is incapable of pecuniary estimation;
3. The damages awarded are reasonable.