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 the
pecuniary 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