Damages

Question 1

May be recovered for breach of some duty or
violation of some right. Must be sufficiently proven by evidence in order to
determine amount

Answer 1

Damages

Question 2

Right to (recover medical and hospital expenses) even though patient has been indemnified by an insurance company

Answer 2

Doctrine of certainty damages

Question 3

2 Article bases of damages are

Answer 3

1. Art. 20, NCC

2. Art. 2176 NCC

Question 4

Any person who, contrary to law,

willfully or negligently causes damages to another shall indemnify the latter for the same

Answer 4

Art. 20, NCC

Question 5

Whoever, by act or omission, causes
damage to another, there being fault or negligence,
is obliged to pay for the damage done

Answer 5

Art. 2176 NCC

Question 6

6 Types of damages are:

Answer 6

(MENTAL) - a type of damage

1. Actual or compensatory
2. Moral
3. Exemplary
4. Nominal
5. Liquidated
6. Temperate

Question 7

One is entitled to an _____ only for such pecuniary loss suffered by him as he has duly
proved.

Answer 7

adequate compensation

Question 8

can only be awarded if

admissible proofs or receipts are presented

Answer 8

Compensatory damages

Question 9

A kind of compensatory damage (for loss already suffered)

Answer 9

Dano emergente

Question 10

A kind of compensatory damage for (failure to receive benefit) which would have belong to him

Answer 10

Lucro cesante

Question 11

Example of Dano emergente

Answer 11

medical expenses due to accident

Question 12

Example of lucro cesante

Answer 12

not able to go to work due to accident

Question 13

can be expected by the defendant

given the type of injury

Answer 13

General damages

Question 14

5 Examples of general damages are

Answer 14

1. Death
2. Disability
3. Loss of earning capacity
4. Loss of service of the spouse
5. Loss of support

Question 15

Not ordinarily anticipated by the defendant. Natural but not necessarily a consequence of the accident in question

Answer 15

Special damages

Question 16

Types of special damages are:

Answer 16

1. Past and future medical expenses
2. Past and future loss of income
3. Helper expense
4. Funeral expenses
5. Unusual injuries

Question 17

Article stating that 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.

Answer 17

Art. 2206, Civil Code

Question 18

The minimum value of human life is ____ and no court can award a damage less than the amount in spite
of the presence of some mitigating circumstances

Answer 18

3000.00

Question 19

Article that states If the deceased was obliged to give support 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.

Answer 19

Article 291

Question 20

Article that states (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

Answer 20

Art. 2206, Civil Code

Question 21

What case changed the minimum amount of compensation for the death of a person when there is no proof of
special damages is P12,000.00

Answer 21

People v. Pantoja, and Villa Rey Transit v. Court of Appeals,

Question 22

Loss of earning capacity may be

Answer 22

temporary or permanent. It may also be partial or complete.

Question 23

the formula used to calculate damages is percentage of loss of earning capacity times the annual earning times the number of years of impairment.

Answer 23

partial or temporary loss of earning capacity

Question 24

The plaintiff was permanently injured as a result of the negligence of the defendant. The plaintiff was entitled to recover damages for (These 3)

Answer 24

(1) the loss of time and earning
(2) the loss of Capacity to earning
(3) the loss of future earnings

Question 25

can be proven in court through testimony or by receipts so that the court can determine the amount with mathematical certainty

Answer 25

Medical, surgical, hospital, nursing, and other related expenses

Question 26

In medical malpractice suits, the expenses incurred or paid by the plaintiff for medical, surgical hospital, nursing services, and medicine can be bases for damages provided ____

Answer 26

That the expenses are really sustained and that they reasonable and necessary

Question 27

The injured person is entitled to recover for medical or nursing services rendered to him, even if gratuitous or paid by a third party is an example of what?

Answer 27

Medical related expense

Question 28

If, as a consequence of the wrongful act of the physician, the patient became crippled or a “vegetable” which requires personal assistance in the course of his normal life, the negligent physician must be ____

Answer 28

liable for financial damages for services of such assistant or helper.

Question 29

The value of every funeral shall be in keeping with the | ______ and in accordance with the ____

Answer 29

social position of the deceased; expressed | wishes of the deceased

Question 30

Article stating that In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites

Answer 30

Art. 307, Civil Code

Question 31

The ______ of the patient must be taken into consideration in the assessment of damages

Answer 31

effect of the injury on the health and life span

Question 32

Where damages are claimed for loss of earning capacity of the deceased, who was 30 years old at the time of his death, and according to the American Experience Table for Mortality, had a life expectancy of 20.9 years, the court may reasonably ignore this duration as its basis and limit its scope for four years. This is an example of what?

Answer 32

Shortening life expectancy

Question 33

include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury

Answer 33

Moral damages

Question 34

In Art. 2219, Civil Code, moral damages may be recovered in the 2 following and analogous cases:

Answer 34

1. A criminal offense 2. Quasi-delict (Both causing physical damage)

Question 35

estimated value of pain and suffering per day times the number of days the victim will suffer

Answer 35

Per diem method

Question 36

to call on the judge to determine (how much the damage he wishes to receive) whenever (he is the plaintiff in the lawsuit)

Answer 36

Golden rule method

Question 37

6 Types of moral damages (G2K)

Answer 37

1. Physical suffering 2. Mental anguish 3. Besmirched reputation 4. Wounded feelings 5. Moral shock 6. Social humiliation

Question 38

includes fright and shock at the time of injury, pain during the treatment, fear of future incapacity, humiliation on account of disfigurement, and in case of pregnant woman, and the apprehension that the child will be born disfigured.

Answer 38

Physical suffering

Question 39

Bodily pain infers ___ since mental suffering is regarded as an ordinary accompaniment of physical pain.

Answer 39

mental anguish

Question 40

Physician _____ to the nature of the plaintiff’s injury which ordinarily such injury causes moderate or severe pain.

Answer 40

Cannot Testify

Question 41

Article indicating that the 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

Answer 41

ART. 2229, CIVIL CODE

Question 42

In criminal offenses, exemplary damages as part of the | civil liability may be imposed when ___

Answer 42

the crime was | committed with one or more aggravating circumstances

Question 43

Punitive or exemplary damages are ____ over and above actual or compensatory damages awarded as punishment or deterrence

Answer 43

monetary compensation

Question 44

(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.

Answer 44

Art. 2221, Civil Code

Question 45

Article stating that (liquidated damages) are those agreed upon by the parties to a contract, to be paid in case of breach thereof.

Answer 45

Art. 2226, Civil Code

Question 46

more than nominal, less than compensatory

Answer 46

Temperate damages

Question 47

As to how much the plaintiff will receive as damages will depend upon ______

Answer 47

discretion of the court.=

Question 48

is obliged to minimize as much as possible the damages suffered by him and is required to take such steps as an ordinary prudent person would reasonably adopt for his own interest.

Answer 48

The injured party

Question 49

5 Points needing (consideration when tackling excessive or inadequate damages)

Answer 49

1. Award in similar cases involving equally serious injuries 2. Facts peculiar to the particular case 3. Changing economic condition and value of the peso 4. The nature and extent of the plaintiff injuries 5. Pecuniary loss sustained _____________________________ 1. Award in similar case 2. Weird facts 3. Value of the money 4. Nature of the injuries 5. Monetary loss sustained

Question 50

Injured should use means reasonable under the circumstances to avoid or minimize the damage. Person wronged cannot recover for any injury that could have been avoided.

Answer 50

DOCTRINE OF AVOIDABLE CONSEQUENCE

Question 51

WHO MAY RECOVER THE DAMAGES SUSTAINED? (CIVIL CODE)

Answer 51

1. Patient 2. Spouse 3. Children 4. Parent, if injured is a minor 5. Siblings 6. Heirs and other successors

Question 52

Article stating the Attorney’s fees and other related expenses in litigation, other than judicial cost, are not as rule recoverable except when the law specifically provides.

Answer 52

Art. 2208, Civil Code

Question 53

An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services.

Answer 53

Compensation of Attorneys

Question 54

The following are trends in malpractice liability | damages

Answer 54

1. Increase in civil suits for damages | 2. Increase in amount of damage award by courts

Question 55

Example of nominal damage

Answer 55

Slapping or shouting at someone (minimal damage) fines for 200 pesos or Person A kicks a pig which cases it to squeal hence waking person B (Minimal damage) the fine is 100 pesos

Question 56

Example of liquidated damage

Answer 56

Delayed delivery or failure of delivery by LBC or When a contractor of a house does not finish it within the agreed upon date on the contract must pay for each day after the agreed date

Question 57

If, on account of the negligence of the surgeon, the patient developed numbness and stiffness of the hand because of nerve injury, the deformity which resulted was a proper basis of recovery of damages is an example of what?

Answer 57

Physical disability

Question 58

An award for the permanent injury to a finger resulting to permanent loss of power of extension and disability caused by the malpractice of a physician is justified is an example of what?

Answer 58

Physical disability

Question 59

The plaintiff suffered amputation of the finger following ulcer resulting from radiation or x-ray burns is a basis for the recovery of damages is an example of what?

Answer 59

Physical disability

Question 60

The development of a disfiguring and deforming scar is | a ground for damages is an example of what?

Answer 60

Physical disability

Question 61

The diminution of one’s capacity to earn money is a distinct element of damage and the measure of such damage involves numerous considerations including earnings before the injury and earnings in the future, considering the capacity of the injured party and effects of sickness and old age. Is an example of what?

Answer 61

LOSS OF EARNING CAPACITY

Question 62

The plaintiff was an accomplished concert violinist. She was able to recover substantial damages for the loss of her professional career although her ability to pursue many areas of gainful employment would have been unimpaired is an example of what?

Answer 62

Loss of earning capacity

Question 63

The plaintiff, in an action for damages for malpractice, has been suffering a previous disability or infirmity before the malpractice act was committed. The plaintiff is entitled to recover only to the extent that his infirmity was increased or aggravated by the alleged malpractice of the physician-defendant is an example of what?

Answer 63

UNUSUAL PHYSICAL AND MENTAL CONSEQUENCES OF THE INJURY