Philippine Bar review · Question

Practice question: Temperate or Moderate Damages

Multiple Choice Medium Jurisprudence

Practice question

In a murder conviction materially matching Patricio’s damages setting, no funeral receipts were presented, but the heirs’ burial-related pecuniary loss is recognized. Which is best?
  1. No damages of any category can ever be awarded.
  2. Every unsupported invoice must be accepted in full.
  3. Only nominal damages are legally possible.
  4. The cited PHP 50,000 temperate award may be applied in lieu of actual funeral damages.
  5. The court must award every projected future expense.

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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