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VII. STRICT LIABILITY TORTS a. Possessor of Animals (Art. 2183)
The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage.CASES:
1. VESTIL V. COURT OF APPEALS, 179 SCRA 47
b. Manufacturers and processors of foodstuffs (Art. 2187)
Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers.
CASES:1. GUILATCO VS. CITY OF DAGUPAN G.R. NO. 61516
c. Head of Family (Art. 2193)
The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same.
CASES:1. DINGCONG V. KANAAN, 72 PHIL 14
d. Allied Laws: Sec 97-‐102, Consumer Act; Sec. 31, Corporation Code
PHILIPPINE CONSUMER ACT/CHAPTER V/ LIABILITY FOR PRODUCT AND SERVICE:
Article 97. Liability for the Defective Products. – Any Filipino or foreign manufacturer, producer, and any importer, shall be liable for redress, independently of fault, for damages caused to consumers by defects resulting from design, manufacture, construction, assembly and erection, formulas and handling and making up, presentation or packing of their products, as well as for the insufficient or inadequate information on the use and hazards thereof.A product is defective when it does not offer the safety rightfully expected of it, taking relevant circumstances
into consideration, including but not limited to:a) presentation of product;b) use and hazards reasonably expected of it;c) the time it was put into circulation.A product is not considered defective because another better quality product has been placed in the market.The manufacturer, builder, producer or importer shall not be held liable when it evidences:a) that it did not place the product on the market;b) that although it did place the product on the market such product has no defect;c) that the consumer or a third party is solely at fault.Article 98. Liability of Tradesman or Seller. – The tradesman/seller is likewise liable, pursuant to the preceding article when;a) it is not possible to identify the manufacturer, builder, producer or importer.b) the product is supplied, without clear identification of the manufacturer, producer, builder or importer;c) he does not adequately preserve perishable goods. The party making payment to the damaged party may exercise the right to recover a part of the whole of the payment made against the other responsible parties, in accordance with their part or responsibility in the cause of the damage effected.Article 99. Liability for Defective Services. – The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to:a) the manner in which it is provided;b) the result of hazards which may reasonably be expected of it;c) the time when it was provided.A service is not considered defective because of the use or introduction of new techniques.The supplier of the services shall not be held liable when it is proven:a) that there is no defect in the service rendered;b) that the consumer or third party is solely at fault.Article 100. Liability for Product and Service Imperfection. – The suppliers of durable or nondurable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for
consumption for which they are designed or decrease their value, and for those resulting from inconsistency with the information provided on the container, packaging, labels or publicity messages/advertisement, with due regard to the variations resulting from their nature, the consumer being able to demand replacement to the imperfect parts.If the imperfection is not corrected within thirty (30) days, the consumer may alternatively demand at his option:a) the replacement of the product by another of the same kind, in a perfect state of use;b) the immediate reimbursement of the amount paid, with monetary updating, without prejudice to any losses and damages;c) a proportionate price reduction.The parties may agree to reduce or increase the term specified in the immediately preceding paragraph; but such shall not be less than seven (7) nor more than one hundred and eighty (180) days.The consumer may make immediate use of the alternatives under the second paragraph of this Article when by virtue of the extent of the imperfection, the replacement of the imperfect parts may jeopardize the product quality or characteristics, thus decreasing its value.If the consumer opts for the alternative under sub-paragraph (a) of the second paragraph of this Article, and replacement of the product is not possible, it may be replaced by another of a different kind, mark or model: Provided, That any difference in price may result thereof shall be supplemented or reimbursed by the party which caused the damage, without prejudice to the provisions of the second, third and fourth paragraphs of this Article.Article 101. Liability for Product Quantity Imperfection. – Suppliers are jointly liable for imperfections in the quantity of the product when, in due regard for variations inherent thereto, their net content is less than that indicated on the container, packaging, labeling or advertisement, the consumer having powers to demand, alternatively, at his own option:a) the proportionate priceb) the supplementing of weight or measure differential;c) the replacement of the product by another of the same kind, mark or model, without said imperfections;d) the immediate reimbursement of the amount paid, with monetary updating without prejudice to losses and damages if any.The provisions of the fifth paragraph of Article 99 shall
apply to this Article.The immediate supplier shall be liable if the instrument used for weighing or measuring is not gauged in accordance with official standards.Article 102. Liability for Service Quality Imperfection. – The service supplier is liable for any quality imperfections that render the services improper for consumption or decrease their value, and for those resulting from inconsistency with the information contained in the offer or advertisement, the consumer being entitled to demand alternatively at his option:a) the performance of the services, without any additional cost and when applicable;b) the immediate reimbursement of the amount paid, with monetary updating without prejudice to losses and damages, if any;c) a proportionate price reduction.Reperformance of services may be entrusted to duly qualified third parties, at the supplier's risk and cost.Improper services are those which prove to be inadequate for purposes reasonably expected of them and those that fail to meet the provisions of this Act regulating service rendering.
CORPORATION CODE || TITLE III || BOARD OF DIRECTORS/TRUSTEES/OFFICERS
Sec. 31. Liability of directors, trustees or officers. - Directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation or who are guilty of gross negligence or bad faith in directing the affairs of the corporation or acquire any personal or pecuniary interest in conflict with their duty as such directors or trustees shall be liable jointly and severally for all damages resulting therefrom suffered by the corporation, its stockholders or members and other persons.When a director, trustee or officer attempts to acquire or acquires, in violation of his duty, any interest adverse to the corporation in respect of any matter which has been reposed in him in confidence, as to which equity imposes a disability upon him to deal in his own behalf, he shall be liable as a trustee for the corporation and must account for the profits which otherwise would have accrued to the corporation.
VIII. NATURE AND ENFORCEMENT OF LIABILITY
a. Between Tortfeasors: Solidary
Article 2194. The responsibility of two or more persons who are liable for a quasi-‐delict is solidary.
b. No double recovery for same act or omissionArticle 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-‐ existing contractual relation between the parties, is called quasi-‐delict and is governed by the provisions of this Chapter.
Cases:1. Coca-cola vs. Social Security Commission, GR no.
159323, July 31, 2000;2.
c. Requirement as to Reservation
Rule 111, Section 3, 2000 Rules of Criminal Procedure Sec. 3. When civil action may proceed independently. ␣ In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.
d. Manner of enforcement distinguished from:1.
d.1 culpa criminal;d.2 culpa contractual.
IX. SPECIAL TORTS
Cases:1. QUEZON CITY GOVERNMENT, ET. AL. V. DACARA, GR
NO. 150304, JUNE 15, 2005;2. DBP V. CA, ET. AL., GR NO. 137916, DEC. 8, 2004;3. MVRS PUBLICATION ET AL VS ISLAMIC DA’WA COUNCIL OF THE
PHILIPPINES, GR NO. 135306, JAN. 28, 2003.4. LAGON V. CA, ET. AL., GR NO. 119107, MAR. 18, 20055. U-‐BIX V. MILLIKAN, GR NO. 173318, SEPT. 23, 2008
X. KINDRED TORTS: MEDICAL MALPRACTICE
Cases:1. REYES V SISTERS OF MERCY Hospital G.R. 130547
October 3, 2000;2. PROFESSIONAL SERVICES, INC. V. AGANA, GR NO.
126297, JAN. 31, 2007 AND GR NO. 126297, FEB. 2, 2010;
3. GARCIA-‐RUEDA V. PASCASIO, ET. AL., GR NO. 118141, SEPT. 5, 1997;
4. RAMOS V. CA, ET. AL., GR NO. 124354, DEC. 29, 1999;5. SPS. FLORES V. SPS. PINEDA, GR NO. 158996, NOV. 14,
2008;
PART II. DAMAGES
I. INTRODUCTORY CONCEPTS a. Damages, defined.;
b. Damages distinguished from:
b.1. Damage b.2. Injury
c. Kinds of damages recoverable
Art. 2197, NCC. Damages may be:
1)Actual or compensatory; 2)Moral; 3) Nominal; 4) Temperate or moderate; 5) Liquidated; or 6) Exemplary or corrective.
ACTUAL OR COMPENSATORY
a. Definition Art. 2199, NCC. Except as provided for by law or stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.
Art. 2200, NCC. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the oblige failed to obtain.
b. Components of actual damages b.1. value of loss suffered (daño emergente) - Art. 2200 b.2 profits not obtained or realized (lucro cesante) - Art. 2200 b.3. loss of earning capacity for personal injury
b.3.1. Formula in determining loss of earning capacity
2/3 x (80 ␣ ATD) x GAI
Cases: 1. PEOPLE V. MUYCO, 331 SCRA 192;2. VICTORY LINER V. GAMMAD, ET. AL., GR NO. 159636,
NOV. 25, 2004;3. PHIL HAWK CORP V. VIVIAN TAN LEE, GR NO. 166869,
FEB. 16, 2010;
b.4. Attorney’s fees and interestArt. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:(1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.In all cases, the attorney's fees and expenses of litigation must be reasonable.
Art. 2209. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum. (1108)Art. 2209, NCC.
Art. 2212. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. (1109a)CASES:
1. QUIRANTE V. IAC, GR NO. 73886, JAN. 31, 1989;2. PNB V. CA, APRIL 25, 1996;3. PADILLO V. CA, 371 SCRA 27;4. EASTERN SHIPPING LINES, INC. V. CA, 234 SCRA
78 (1994);5. SUNGA-‐CHAN V. CA, GR NO. 164401, JUNE 25,
2008;6. AIR FRANCE V. DE CASTRO, GR NO. 188691,
OCT. 31, 2009;c. Extent of Recoverable Damages
c.1. In contracts and quasi-contracts where there is:c.1.a. Good faith on obligor
Art. 2201, NCC. In contracts and quasi-‐contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted.
CASES:1. BATONG BUHAY V. CA, 147 SCRA 4;
c.1.b. Bad faith in obligor
CASES:1. GENERAL ENTERPRISES V. LIANGA BAY, 11
SCRA 73;
c.2. In crimes and quasi-‐delictsArt. 2202, NCC. In crimes and quasi-‐
delicts, the defendant is liable for all the damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.
CASES:1. MARIKINA AUTO LINE TRANSPORT
CORPORATION V. PEOPLE, ET. AL., GR NO. 152040, MARCH 31, 2006;
c.3. In crimes and quasi-‐delicts resulting in death
Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition:1)The defendant shall be liable for the loss of
the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death;
2) If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court;
3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover.
d. Mitigation and assessment of actual damages
Art. 2203. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question.
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover.
e. Subrogatory Right of Insurer
Art. 2207. If the plaintiff's property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the
wrongdoer or the person who has violated the contract. If the amount paid by the insurance company does not fully cover the injury or loss, the aggrieved party shall be entitled to recover the deficiency from the person causing the loss or injury.
III. MORAL DAMAGES a. Definition
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission.b. Purpose.
Cases:1. SIMEX INTERNATIONAL V. CA, GR. NO. 88013, MARCH 19, 1990;2. MAKABALI V. CA, GR NO. 46877, JAN. 22, 1988
c. Burden of Proof; Quantum of Evidence.Cases:
1. PNB V. CA, GR NO. 45776, MARCH 30, 1988;2. RAAGAS V. RAYA, 22 SCRA 839;3. SAN MIGUEL BREWERY, INC. V. MAGNO, 21 SCRA 292;
c.1. As distinguished from actual damages
d. When awardable, when notArt. 2218. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered.
Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages.The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.
Art. 2220. Willful injury to property may be a legal ground for
awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.Art. 309, NCC. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral.
Art. 217, Labor Code. Jurisdiction of the Labor Arbiters and the Commission. ␣ (a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-‐agricultural: 1. Unfair labor practice cases; 2. Termination disputes; 3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; 4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-‐employee relations; 5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and 6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-‐employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement. (b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters. (c) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements. (As amended by Section 9, Republic Act No. 6715, March 21, 1989).
CASES:1. TULFO V. PEOPLE, GR NO. 161032, SEPT. 16, 2008;2. GUILATCO V. CITY OF DAGUPAN, supra.;3. FILINVEST V. MENDEZ, GR NO. 66419, JULY 31, 1987 LOPEZ V.
PANAM, 16 SCRA 431;4. LAO V. CA, GR NO. 80808, JULY 11, 1991, 199 SCRA 58;5. GUTIERREZ V. VILLEGAS, 8 SCRA 527;6. RAMOS V. RAMOS, 61 SCRA 284;7. GALANG V. CA, 4 SCRA 55;8. MERCADO V. LIRA, 3 SCRA 124;9. PERMEX V. NLRC, 323 SCRA 231;10. GUTIERREZ V. VILLEGAS, 8 SCRA 528 YASONA V. DE RAMOS, GR NO.
156339, OCT. 6, 2004;11. EQUITABLE BANKING CORP. V. CALDERON, GR NO. 156168, DEC. 14,
2004;12. SAVELLANO, ET. AL., V. NORTHWEST AIRLINES, GR NO. 151783, JULY
8, 2003;13. CHINA AIRLINES V. CHIOK, GR NO. 152122, JULY 30, 2003.
e. Latest rule on corporationsCases:
1. MAMBULAO LUMBER V. PNB, 22 SCRA 359;
2. ABS-‐CBN BROADCASTING CORP. V. CA, GR NO. 128690, JAN. 21, 1999;
3. NAPOCOR V. PHILIPP BROTHERS OCEANIC, INC. , 369 SCRA 629;4. FILIPINAS BROADCASTING NETWORK V. AGO MEDICAL AND
EDUCATIONAL CENTER, GR NO. 141994, JAN. 17, 2005;5. REPUBLIC V. TUVERA, GR NO. 148246, FEB. 16, 2007;6. BONIFACIO VS. RTC OF MAKATI, GR NO. 184800, MAY 5,
2010 (on internet libel);
IV. NOMINAL DAMAGES Art. 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.Art. 2222. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in every case where any property right has been invaded.
Art. 2223. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.
Cases:1. GO V. IAC, GR NO. 68138, MAY 13, 1991;2. MEDINA V. CRESENCIA, L-‐8194, JULY 11, 1956;3. VENTENILLA V. CENTINO, GR NO. L-‐14333, JAN. 28, 196;
V. TEMPERATE OR MODERATEArt. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.Art. 2225. Temperate damages must be reasonable under the circumstances.
Cases:1. PLENO V. CA, GR NO. 56505, MAY 9, 1988;2. BPI INVESTMENT V. DG CARREON, 371 SCRA 58;3. GSIS V. DEANG, 365 SCRA 613;4. RAMOS, ET. AL. V. CA, ET. AL., supra.;5. PT & T V. CA, GR NO. 139268, SEPT. 3, 2002;6. REPUBLIC V. TUVERA, supra.;7. PHIL. HAWK CORP. V. VIVIAN TAN LEE, supra.;
VI. LIQUIDATEDArt. 2226. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof.Art. 2227. Liquidated damages, whether intended as an
indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable.
Art. 2228. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.
Cases:1. LAMBERT V. FAX, 26 PHIL 588;2. HL CARLOS CONSTRUCTION V. MARINA PROPERTIES CORP.,
GR NO. 147614, JAN. 29, 2004;3. SCOTT AND CONSULTANTS AND RESOURCES DEVELOPMENT CORP VS.
CA ET. AL. G.R. 112916, MAR. 16, 1995;
VII. EXEMPLARY OR CORRECTIVE DAMAGES
a. Nature
Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.Art. 2223. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.Art. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.Art. 2225. Temperate damages must be reasonable under the circumstances.
Art. 2226. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof.Art. 2227. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable.
Art. 2228. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.
Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or
compensatory damages.Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.
Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.
Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.
Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.
Art. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for the stipulation for liquidated damages.
Art. 2235. A stipulation whereby exemplary damages are renounced in advance shall be null and void.
b. When awardableCases:
1. DE LEON V. CA, GR NO. L-‐31931, AUG. 31, 1988;2. OCTOT VS. YBANEZ G.R. NO. L48643, JANUARY 18,
1982 | 111 SCRA 79;
VIII. ASSESSMENT OF DAMAGESArt. 2204. In crimes, the damages to be adjudicated may
be respectively increased or lessened according to the aggravating or mitigating circumstances.Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover.
Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under
circumstances other than the case referred to in the preceding article, as in the following instances:
(1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury.
Art. 2203. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question.
Cases:1.INHELDER CORPORATION V. CA, GR NO. L-‐52358, 122 SCRA
576;2.RAAGAS V. TRAYA, ET. AL., GR NO. L-‐20081, FEB. 27, 1968;