Temperate Damages

Temperate or moderate damages are awarded when there is a finding of pecuniary loss but the amount cannot be determined with certainty due to the nature of the circumstances.[1] Temperate damages are more than nominal but less than compensatory damages.[2]Despite the fact that the amount cannot be determined, the courts are required to impose reasonable amounts as may be derived from the circumstances of the case.[3]

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Snow Mountain Dairy Corporation v. GMA Veterans Force, Inc.

Actual damages are not presumed. The claimant must prove the actual amount of loss with a reasonable degree of certainty premised upon competent proof and on the best evidence obtainable.

G.R. No. 192446, 19 November 2014

Complainant GMA Veterans Force, Inc. filed a Complaint for Damages against defendant Snow Mountain Dairy Corporation. Previously, complainant and defendant entered into a security service agreement whereby. Just after a month, defendant informed complainant that all of the latter’s security personnel would be replaced and all monies due in the contract will be settled. Continue reading here.

S.V. More Pharma Corporation v. Drugmakers Laboratories, Inc.

The amount of loss warranting the grant of actual or compensatory damages must be proved with a reasonable degree of certainty, based on competent proof and the best evidence obtainable by the injured party.

G.R. Nos. 200408 and 200416, 12 November 2014

“Eliezer, Evangeline C. Del Mundo, and Atty. Quirico T. Carag (Atty. Carag) (Del Mundo Group) are the registered owners of fifty percent (50%) (i.e., 250,000 shares of stock) of E.A. Northam Pharma Corporation (E.A. Northam), a domestic corporation which exclusively distributes and markets 28 various pharmaceutical products that are exclusively manufactured by Drugmakers, a domestic corporation under the control of Eliezer. The remaining fifty percent (50%) in E.A. Continue reading here.