Why award temperate or moderate damages?
The Civil Code allows the award of temperate or moderate damages under the following circumstances:
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Temperate or moderate damages may be allowed in cases where from the nature of the case, definite proof of pecuniary loss cannot be adduced, although the court is convinced that the aggrieved party suffered some pecuniary loss. The computation of the amount of temperate or moderate damages is usually left to the discretion of the courts, but the amount must be reasonable, bearing in mind that temperate damages should be more than nominal but less than compensatory. (Seven Brothers Shipping Corp. v. DMC-Construction Resources, Inc., G.R. No. 193914, November 26, 2014)
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 proved with certainty.
ART. 2225. Temperate damages must be reasonable under the circumstances.
Temperate or moderate damages may be allowed in cases where from the nature of the case, definite proof of pecuniary loss cannot be adduced, although the court is convinced that the aggrieved party suffered some pecuniary loss. The computation of the amount of temperate or moderate damages is usually left to the discretion of the courts, but the amount must be reasonable, bearing in mind that temperate damages should be more than nominal but less than compensatory. (Seven Brothers Shipping Corp. v. DMC-Construction Resources, Inc., G.R. No. 193914, November 26, 2014)
