Damage and Damages
What constitute damages
Damages are the “pecuniary compensation, recompense or satisfaction for an injury sustained or, as otherwise expressed, the pecuniary consequences, which the law imposes for the breach of some duty or the violation of some right.” To be entitled to damages, these two requisites must be present: (a) a right of action for a legal wrong inflicted, and (b) damage resulting to plaintiff as a result thereof.Under the Civil Code, these are the various forms of damage: moral, actual or compensatory, nominal, temperate, liquidated, exemplary.
What constitute damage
Damage is not the same as with injury and damages. An injury is the invasion of a legal right; on the other hand, damage is the loss, hurt or harm, which results from the injury. Damages are recompense or compensation awarded for the damage suffered. Hence, there may be instances where there is damage but no injury (damnum absque injuria).
Sps. Custodio v. Court of Appeals
G.R. No. 116100, 09 February 1996
After his tenants left due to difficulty of access, an owner of a two-storey apartment filed suit for loss of income against his neighbors who had built fences on their properties resulting in the obstruction and/or narrowing of passageways to and from the apartment.
HELD: The neighbors were not liable. They were exercising their property right when they built the fences and the same is allowed in the Civil Code. While there may have been damage to the complainant, there was no injury to him since the neighbors acts were done in a lawful and proper manner. Damne absque injuria.
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 People v. Ballesteros, G.R. No. 120921, 29 January 1998.
 Sps. Custodio v. Court of Appeals, G.R. No. 116100, 09 February 1996.
 Sangco, Philippine Law on Torts and Damages, Vol. II, (1994)
 Id at 33.