Published — April 25, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: WHAT ARE MORAL DAMAGES?
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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.
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The court may award nominal damages in every case where any property right has been invaded.
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The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit.
Nominal damages are small sums fixed by the court without regard to the extent of the harm done to the injured party. They are damages in name only and are allowed simply in recognition of a technical injury based on a violation of a legal right (Robes- Francisco Realty v. CFI, G.R. No. L-41093 October 30, 1978).
Under the Civil Code:
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.
The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in every case where any property right has been invaded.
The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.
In the case of Seven Brothers Shipping Corporation, vs. DMC-Construction Resources, Inc.(G.R. No. 193914 November 26, 2014),the Court explained that:
Nominal damages are ‘recoverable where a legal right is technically violated and must be vindicated against an invasion that has produced no actual present loss of any kind or where there has been a breach of contract and no substantial injury or actual damages whatsoever have been or can be shown.’
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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