Practice question
A civil court considers a quasi-delict injury and is asked to copy a fixed criminal-case damages schedule without identifying its offense-specific conditions or applicability. The claimant says all damages schedules are universally interchangeable. Which is sound?
- Every schedule governs every source identically
- The court must identify the governing source and applicable statute or jurisprudence rather than transplant a schedule indiscriminately
- No case law can ever guide damages
- Only the defendant may choose the schedule
- Every civil injury must receive zero damages
Legal references
- Civil Code, Articles 2195-2196 and 2201-2202: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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