Practice question
Separate medical expenses are proved with certainty and awarded as actual damages. A distinct burial loss falls within Patricio’s in-lieu-of treatment, with no overlap in the items. Defendant argues any actual award anywhere prohibits considering temperate damages for the separate loss. Which is best?
- Any actual expense automatically proves all burial costs.
- Identify the distinct losses and avoid overlap; the mere existence of a separate actual award does not answer the burial claim.
- All distinct losses must be treated as one invoice.
- The claimant must receive duplicate payments for both.
- No burial expense can ever be considered after medical treatment.
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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