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Philippine Bar review · Question

Practice question: Temperate or Moderate Damages

Multiple Choice Hard Jurisprudence

Practice question

A court is convinced that a business suffered economic loss, but its nature prevents exact proof. Claimant demands Patricio’s funeral figure as a mandatory tariff, while defendant says the criminal case bars all civil temperate awards. Which is best?
  1. Neither categorical claim follows; apply Articles 2224-2225 to the business loss and reasonable amount.
  2. Every business automatically receives the funeral tariff.
  3. Only murder victims can ever receive temperate damages.
  4. The amount requested alone proves loss.
  5. Temperate damages must equal the defendant’s wealth.

Legal references

  • Civil Code Articles 2206, 2208 and 2216-2225: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • University of Southeastern Philippines v. Sarate, G.R. No. 247617, November 25, 2025, en banc main decision, Part IV: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70367
  • People v. Patricio, G.R. No. 271154, February 24, 2025, main decision, temperate damages: https://lawphil.net/judjuris/juri2025/feb2025/gr_271154_2025.html

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