- Statute
- Civil Code
- Article
- Art. 2224
- Topic
- Other Kinds of Damages
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVIII DAMAGES
- Chapter
- CHAPTER 3 Other Kinds of Damages
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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.
Intellegal Wiki · In plain terms
Temperate or moderate damages fall between nominal and compensatory damages. A court may award them when it is satisfied the plaintiff suffered some financial loss, but the exact amount cannot be proven with certainty given the nature of the case.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Coca-Cola Bottlers Philippines v. Spouses Jose R. Bernardo, the Supreme Court held: Temperate damages may be awarded as an alternative to actual damages where a pecuniary loss is proven but its exact amount cannot be established with certainty (Article 2224).
One leading Supreme Court case applying this provision.
Cases applying this article
- Coca-Cola Bottlers Philippines v. Spouses Jose R. Bernardo
- Ernesto Oppen v. Darwin G. Koh
- Leticia Tan v. Omc Carriers
- Viron Transportation Co. v. Alberto Delos Santos y Natividad
- Republic of the Philippines v. Alberto Looyuko
- National Power Corporation v. The Honorable Court of Appeals (Ninth Division)
- People v. Ricky Salgado y Lamigo
- Jennilyn Legaspi y Leynes v. People
Other Supreme Court decisions also apply this article.