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Question

Subject: Damages

Topic: Temperate or Moderate Damages - Civil Code, arts. 2224-2225

Mr. Santos owns a successful bakery in the city. One day, due to a faulty electrical wiring, a fire breaks out in the bakery and causes extensive damage to the property. The fire also destroyed equipment and supplies worth millions of pesos.

Mr. Santos decides to pursue legal action against the electrical company responsible for the faulty wiring. In his claim, Mr. Santos seeks to recover temperate or moderate damages to compensate for the loss of anticipated profits while his bakery is being repaired.

Based on the given scenario and the provisions of the Civil Code, answer the following questions:

1. What are temperate or moderate damages?
2. Under what circumstances can a person recover temperate or moderate damages?
3. Can Mr. Santos claim temperate or moderate damages in this case? Why or why not?

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Answer