Actual Damages; Proof
Category: Torts and Damages
WHAT SHOULD THE OFFENDED PARTY PROVE IF HE WANTS TO CLAIM ACTUAL DAMAGES OR LOSS OF EARNING CAPACITY?
The offended party must show proof of the amount of thepecuniary loss, such as receipts
Actual damages not supported by evidence may not be awarded
However, if death results from the crime or the quasi-delict, the heirs need only to prove the fact of death in order to claim actual or compensatory damages
IS THERE NEED FOR PROOF OF PECUNIARY LOSS IN ORDED THAT MORAL, NOMINAL, TEMPORATE, LIQUIDATED, OR EXEMPLARY DAMAGES MAY BE ADJUDICATED?
No, Article 2216 of the Civil Code provides that no proof is needed
The assessment of the damage depends on the discretion of the court
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Actual Damages; Proof
Category: Torts and Damages
WHAT SHOULD THE OFFENDED PARTY PROVE IF HE WANTS TO CLAIM ACTUAL DAMAGES OR LOSS OF EARNING CAPACITY?
The offended party must show proof of the amount of thepecuniary loss, such as receipts
Actual damages not supported by evidence may not be awarded
However, if death results from the crime or the quasi-delict, the heirs need only to prove the fact of death in order to claim actual or compensatory damages
IS THERE NEED FOR PROOF OF PECUNIARY LOSS IN ORDED THAT MORAL, NOMINAL, TEMPORATE, LIQUIDATED, OR EXEMPLARY DAMAGES MAY BE ADJUDICATED?
No, Article 2216 of the Civil Code provides that no proof is needed
The assessment of the damage depends on the discretion of the court
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
Popular in BATASnatin:
- Doctrine Of Apparent Authority; Holding Out Theory; Doctrine of Ostensible Agency - - 5212 Hits
- Malicious Prosecution and Damages - - 3987 Hits
- History of the Doctrine of Corporate Negligence - - 3786 Hits
- Employer's Liability Based On Quasi-Delict - - 2899 Hits
- Res Ipsa Loquitur; Medical Negligence Cases - - 2340 Hits
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