Philippine Bar review · Question

Practice question: Temperate or Moderate Damages

Multiple Choice Medium

Practice question

A plaintiff proves only emotional distress but no pecuniary loss. The plaintiff seeks temperate damages solely because emotional suffering cannot be priced precisely. Does Article 2224 supply that basis?
  1. No, temperate damages require a finding that pecuniary loss occurred
  2. Yes, every imprecise emotion is a temperate claim
  3. Yes, financial loss is irrelevant
  4. No, because moral injury can never be compensated
  5. Only the amount requested matters

Legal references

  • Civil Code Articles 2216 and 2221–2225: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.