NOMINAL DAMAGES(Article 2221, 2222 & 2223, Civil Code)

ARTICLE 2221, Civil CodeNominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

ARTICLE 2222, Civil CodeThe court may award nominal damages in every obligation arising from any sources enumerated in Art. 1157, or in every case where any property right has been invaded.

Obligations arises from:Law,Contracts,Quasi-contracts,Acts or omission punished by law, andQuasi- delicts (ARTICLE 1157, Civil Code)

ARTICLE 2223, Civil CodeThe adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.

PNOC Shipping and Transport Corp, vs. CA, et al.G.R. No. 107518, October 8, 1998

Nominal Damages are not to be treated as an equivalent of a wrong inflicted but SIMPLY A RECOGNITION OF THE EXISTENCE OF AN INJURY.

Saludo, Jr., et al. vs. CA, et al.G.R. No. 95536, March 23, 1992

Nominal Damages are recoverable where some injury has been done but the amount of which the evidence fails to show, the assessment of damages being left to the discretion of the court according to the circumstances of the case.

Lufthansa German Airlines vs. CA, et al.G.R. No. 108997, April 21, 1995

In the ABSENCE OF COMPETENT PROOF ON ACTUAL DAMGE SUFFERED, private respondent is entitled to nominal damages.

It is an established rule that nominal damages CANNOT CO-EXIST WITH COMPENSATORY DAMAGES. This is because two stands on totally different jural foundations.

Nominal DamagesCompensatory Damages-awarded not to indemnify one for his loses but to recognize a right that has been violated-awarded for the precise purpose of reparation and indemnification

Solid Homes, Inc. vs. CA, et al.G.R. No. 117501, July 8, 1997

If no right has been violated or invaded, or no damages have actually occurred, no nominal damages can be awarded and the doctrine of nominal damages is not applicable.

IN FIXING THE AMOUNT OF NOMINAL DAMAGES TO BE AWARDED, THE CIRCUMSTANCES OF EACH CASE SHOULD THUS BE TAKEN INTO ACCOUNT.

In a labor case, for example, the following should be taken into account:Length of service of the dismissed employee;His salary or compensation at the time of the termination vis--vis the capability of the employer to pay;Question of whether the employer ha deliberately violated for termination of employment or has attempted to comply, at least substantially, therewith; and/orReasons for the termination of employment

If the dismissal is based on a just cause under Article 282 of the Labor Code but the employer failed to comply with the notice requirement, the sanction to be imposed upon him should be tempered because the dismissal process was, in effect, initiated by an act imputable to the employee.

If the dismissal is based on the authorized cause under Article 283 of the Labor Code but the employer failed to comply with the notice requirement, the sanction to be imposed upon him should be stiffer because the dismissal process was initiated by the employers exercise of management prerogative.

Agabon vs. NLRC, et al.G.R. NO. 158693, November 12, 2004

The indemnity to be imposed should be stiffer to discourage the abhorrent practice of dismiss now, pay later, which was sought to be deterred in the Serrano ruling. The sanction should be in the nature of indemnication or penalty and should dismiss the facts of each case, taking into consideration the gravity of the due process violation of the employer.

Nominal Damages is adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.