Professional Documents
Culture Documents
TORTS
(CODAL PROVISIONS)
A. Concept of Quasi-Delict
(Damages)
(Quasi-Delicts).
CC 1157
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts and omissions punished by law; and
(5) Quasi-delicts.
CC 1162
Civil liability of a person guilty of felony. Every person criminally liable for a
felony is also civilly liable.
RPC 101
Rules regarding civil liability in certain cases. The exemption from criminal
liability established in subdivisions 1,2,3,5 and 6 of Article 12 and in subdivision 4
of Article 11 of the RPC does not include exemption from civil liability, which
shall be enforced subject to the following rules:
Page 2 of 70
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts
committed by an imbecile or insane person, and by a person under nine years of
age, or by one over nine but under fifteen years of age, who has acted without
discernment, shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or negligence on
their part.
Should there be no person having such insane, imbecile or minor under his
authority, legal guardianship or control, or if such person be insolvent, said
insane, imbecile, or minor shall respond with their own property, excepting
property exempt from execution in accordance with civil law.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose
benefit the harm has been prevented shall be civilly liable in proportion to the
benefit which they may have received.
The courts shall determine, in sound discretion, the proportionate amount for
which each one shall be liable.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons
using violence or causing the fears shall be primarily liable and secondarily, or, if
there be no such persons, those doing the act shall be liable, saving always
to the latter that part of their property exempt from execution.
RPC 102
Innkeepers are also subsidiarily liable for the restitution of goods taken by
robbery or theft within their houses from guests lodging therein, or for the
payment of the value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing him, of the deposits
of such goods within the inn; and shall furthermore have followed the directions
Page 3 of 70
which such innkeeper or his representative may have given them with respect
to the care and vigilance over such goods. No liability shall attach in case of
robbery with violence against or intimidation of persons unless committed by the
innkeeper's employees.
RPC 103
RPC 104
What is included in civil liability. The civil liability established in Articles 100, 101,
102 and 103 of the RPC includes:
1. Restitution;
2. Reparation of the damaged caused;
3. Indemnification for consequential damages.
RPC 105
Restitution - How made. The restitution of the thing itself must be made
whenever possible, with allowance for any deterioration, or diminution of value
as determined by the court.
The thing itself shall be restored, even though it be found in the possession of
a third person who has acquired by the third person in the manner and under
the requirements which, by law, bar an action for its recovery.
RPC 106
Reparation - How made. The court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and the reparation shall be made
accordingly.
RPC 107
RPC 108
Page 4 of 70
RPC 109
Share of each person civilly liable. If there are two or more persons civilly liable
for a felony, the courts shall determine the amount for which each must respond.
RPC 110
The subsidiary liability shall be enforced, first against the property of the
principals; next, against that of the
accomplices, and, lastly against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has been enforced,
the person by whom payment has been made shall have a right of action against
the others for the amount of their respective shares.
RPC 111
RPC 112
Extinction of civil liability. Civil liability established in Articles 100, 101, 102, and
103 of the RPC shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
Page 5 of 70
CC 1231
RPC 113
Obligation to satisfy civil liability. Except in case of extinction of his civil liability
as provided in the next preceding article, the offender shall continue to be
obliged to satisfy the civil liability resulting from the crime committed by him,
notwithstanding the fact that he has served his sentence consisting of deprivation
of liberty or other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence or any other reasons.
CC 29
When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a
preponderance of evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious.
CC 30
When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance of evidence shall likewise be sufficient to
prove the act complained of.
CC 31
Page 6 of 70
When the civil action is based on an obligation not arising form the act or
omission complained of as a felony, such civil action may proceed independently
of the criminal proceedings regardless of the result of the latter.
CC 33
In cases of defamation, fraud, and physical injuries, a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed independently of the criminal
prosecution, shall require only a preponderance of evidence.
CC 34
When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.
CC 35
CC 36
CC 2177
Page 7 of 70
Responsibility for fault or negligence under Article 2176 Quasi Delict) is entirely
separate and distinct from the civil liability arising form negligence under the
Penal Code.
But the plaintiff cannot recover damages twice for the same act or omission of
the defendant.
CC 1161
Civil obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of
Chapter 2, Preliminary Title, on Human Relations, and of Title XVII (Extra-
Contractual Obligations) of Book IV (Obligations and Contracts), regulating
damages.
Section 1.
Institution of criminal and civil actions. When a criminal action is instituted, the
civil action for the recovery of civil liability is impliedly instituted with the criminal
action, unless the offended party waives the civil action, reserves his right to
institute it separately, or institutes the civil action prior to the criminal action.
Such civil action includes recovery of indemnity under the RPC, and damages
under Articles 32, 33, 34 and 2176 of the Civil Code arising form the same act or
omission of the accused.
A waiver of any of the civil actions extinguishes the others. The institution of or
the reservation of the right to file any of said civil actions separately waives the
others.
The reservation of the right to institute the separate civil action shall be made
before the prosecution starts to present its evidence and under
circumstances affording the offended party a reasonable opportunity to make
such reservation.
In no case may the offended party recover damages twice for the same act or
omission of the accused.
When the offended party seeks to enforce civil liability against the accused by
was of moral, nominal, temperate or exemplary damages, the filing fees for
such civil action as provided in these Rules shall constitute a first lien on the
judgment except in an award for actual damages.
Page 8 of 70
In cases wherein the amount of damages, other than actual, is alleged in the
complaint or information, the corresponding filing fees shall be paid by the
offended party upon the filing thereof in court for trial.
Section 2
Section 3
Section 4
Section 5
Page 9 of 70
Section 6
CC 1157
CC 1159
Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith.
CC 1170 (Damages)
When guilty of fraud, negligence, delay or contravention of the tenor of
obligations, one is liable for damages.
When negligence shows bad faith the provisions of Articles 1171 and 2201,
paragraph 2 shall apply.
If the law or the contract does not state the required diligence which is to be
observed in the performance, that which is expected of a good father of a family
shall be required.
CC 1314
Any third person who induces another to violate his contract shall be liable for
damages to the other contracting party.
B. General Principles
CC 19
Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.
CC 20
CC 21
Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public
policy shall compensate the latter for the damage.
CC 22
CC 23
Even when an act or event causing damage to another's property was not due
to the fault or negligence of the defendant, the latter shall be liable for indemnity
if through the act or event he was benefited.
CC 2176 (Damages)
Page 11 of 70
C. Elements of Quasi-Delict
2. Fault or Negligence
CC 1173
If the law or the contract does not state the required diligence which is to be
observed in the performance, that which is expected of a good father of a family
shall be required.
cf CC 1172
RPC 3
Felonies are committed not only by means of deceit (dolo) but also by means of
fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill.
RPC 365
CC 2177
Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirely
separate and distinct form the civil liability arising form negligence under the
Penal Code. But the plaintiff cannot recover damages twice for the same act or
omission of the defendant.
CC 2178
cf CC 2202
In crimes and quasi-delicts, the defendants shall be liable for all damages
which are natural and probable consequences of the act or omission complained
of. It is not necessary that such damages have been foreseen or could have
reasonably been foreseen by the defendant.
b. Contributory negligence
CC 2179
When the plaintiff's own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages, but the courts
shall mitigate the damages to be awarded
CC 2203
The party suffering loss or injury must exercise the diligence of a good father
of a family to minimize the damages resulting from the act or omission in
question.
CC 2214
Page 13 of 70
CC 1762
The contributory negligence of the passenger does not bar recovery of damages
for his death or injuries, if the proximate cause thereof is the negligence of the
common carrier, but the amount of damages shall be equitably reduced.
cf CC 2194
CC 1755
A common carrier is bound to carry the passengers safely as far as human care
and foresight can provide, using the utmost diligence of very cautious persons,
with a due regard for all the circumstances.
CC 1756
CC 2184
In motor vehicle mishap, the owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have by the use of due diligence,
prevented the misfortune. It is disputably presumed that a driver was negligent, if
he had been found guilty of reckless driving or violating traffic regulations at
least twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of Article 2180 are
applicable.
CC 2185
Page 14 of 70
CC 2186
Every owner of a motor vehicle shall file with the proper government office a
bond executed by a Government-owned and Controlled corporation or office, to
answer for damages to third persons. The amount of the bond and other terms
shall be fixed by the competent public official.
CC 2180
The obligation imposed by Article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor
children who live in their company.
Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent,
but not when the damage has been caused by the official to whom the task
done properly pertains, in which case what is provided in Article 2176 shall be
applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.
The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family
to prevent damage.
RPC 11 (4)
(4) Any person who, in order to avoid an evil or injury, does an act which causes
damage to another, provided that the following requisites are present:
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
RPC 12 (4)
Circumstances which exempt from criminal liability._-- The following are exempt
from criminal liability:
4. Any person who, while performing a lawful act with due care, causes an
injury be mere accident without fault or intention of causing it.
d. Presumption of negligence
CC 2184,
In motor vehicle mishap , the owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have by the use of due diligence,
prevented the misfortune. It is disputably presumed that a driver was negligent, if
he had been found guilty of reckless driving or violating traffic regulations at
least twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of Article 2180 are
applicable.
CC 2185
CC 2188
part of the defendant if the death or injury results from his possession of
dangerous weapons or substances, such as firearms and poison, except when
the possession or use thereof is indispensable in his occupation or business.
CC 1755
CC 1756
CC 2190
CC 2193
CC 1723
The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the
structure, the same should collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground. The contractor is likewise
responsible for the damages if the edifice falls, within the same period, on
account of defects in the construction or the use of materials of inferior quality
furnished by him, or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall be solidarily liable
with the contractor.
Acceptance of the building, after completion, does not imply waiver of any of
the causes of action by reason of any defect mentioned in the preceding
paragraph.
Page 17 of 70
The action must be brought within ten years following the collapse of the building.
f. Assumption of risk
CC 1174
CC 2215 (4)
(5) Prescription
CC 1146
CC 2177
Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirely
separate and distinct form the civil liability arising form negligence under the
Penal Code. But the plaintiff cannot recover damages twice for the same act or
omission of the defendant.
CC 2179
Page 18 of 70
When the plaintiff's own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages, but the courts
shall mitigate the damages to be awarded.
1. The tortfeasor
CC 2176
CC 2179
When the plaintiff's own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages, but the courts
shall mitigate the damages to be awarded.
CC 2181
Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction of the claim.
cf CC 1723
The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the
structure, the same should collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground. The contractor is likewise
responsible for the damages if the edifice falls, within the same period, on
account of defects in the construction or the use of materials of inferior quality
furnished by him, or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall be solidarily liable
with the contractor.
Page 19 of 70
Acceptance of the building, after completion, does not imply waiver of any of
the causes of action by reason of any defect mentioned in the preceding
paragraph.
The action must be brought within ten years following the collapse of the building.
RPC 205
RPC 208
Acts punished:
1) That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute, offenses
2) That there is a dereliction of the duties of his office; that is, knowing the
commission of the crime, he does not cause the prosecution of the criminal or
knowing that a crime is about to be committed, he tolerates its commission
3) That the offender acts with malice and deliberate intent to favor the violator of
the law
RPC 209
Page 20 of 70
3) By undertaking the defense of the opposing party in the same case, without
the consent of his first client, after having undertaken the defense of said first
client or after having received confidential information from said client
RPC 224
2. Vicarious liability
CC 2180
The obligation imposed by Article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor children who live in their company.
Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent,
but not when the damage has been caused by the official to whom the task
done properly pertains, in which case what is provided in Article 2176 shall be
applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.
The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family
to prevent damage.
a. Parents
FC 218
The school, its administration and teachers or the individual, entity or institution
engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.
FC 219
Those given the authority and responsibility under the Article 218 shall be
principally and solidarily liable for damages caused by the acts or omissions of
the minor. The parents, guardians or other persons exercising substitute
parental authority over said minor shall be subsidiarily liable.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
FC 221
Page 22 of 70
Parents and other persons exercising parental authority shall be civilly liable for
the injuries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law.
RA 6809
The majority age was lowered to 18 years. However, for the purpose of
contracting marriage, and for determining the liability of parents and guardians
for the torts of their minor children or wards under the second and third
paragraphs of Art. 2180 of the Civil Code, majority commences at the age of 21.
CC 2181
CC 2182
If the minor or insane person causing damage has no parents or guardians, the
minor or insane person shall be answerable with his own property in an action
against him where a guardian ad litem shall be appointed.
CYWC 58
Torts -- Parents and guardians are responsible for the damage caused by the
child under their parental authority in accordance with the Civil Code.
CYWC 156
Legal Custody -- When any child shall have been committed in accordance with
Article 155 and such child shall have been accepted by the Department of
Social Welfare or any duly licensed child placement agency or individual, the
rights of his natural parents, guardian, or other custodian to exercise parental
authority over him shall cease. Such agency or individual shall be entitled to the
custody and control of such child during his minority, and shall have authority to
care
for, educate, train and place him out temporarily or for the custody and care in a
duly licensed child placement agency. Such agency or individual may intervene
in adoption proceedings in such manner as shall best inure to the child's
welfare.
FC 217
Page 23 of 70
FC 204
The person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in the
family dwelling the person who has a right to receive support. The latter
alternative cannot be availed of in case there is a moral or legal obstacle
thereto.
b. Guardians
FC 216
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified.
(3) The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified.
Whenever the appointment of a judicial guardian over the property of the child
becomes necessary, the same order of preference shall be observed.
FC 217
CC 2181
Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction of the claim.
FC 218
The school, its administration and teachers or the individual, entity or institution
engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.
FC 219
Those given the authority and responsibility under the Article 218 shall be
principally and solidarily liable for damages caused by the acts or omissions of
the minor. The parents, guardians or other persons exercising substitute
parental authority over said minor shall be subsidiarily liable.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
RA 6809
The majority age was lowered to 18 years. However, for the purpose of
contracting marriage, and for determining the liability of parents and guardians
for the torts of their minor children or wards under the second and third
paragraphs of Art. 2180 of the Civil Code, majority commences at the age of 21.
FC 218
The school, its administration and teachers or the individual, entity or institution
engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.
FC 219
Those given the authority and responsibility under the Article 218 shall be
principally and solidarily liable for damages caused by the acts or omissions of
the minor. The parents, guardians or other persons exercising substitute
parental authority over said minor shall be subsidiarily liable.
Page 25 of 70
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
e. Employers
CC 2180
The obligation imposed by Article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor children who live in their company.
Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent,
but not when the damage has been caused by the official to whom the task
done properly pertains, in which case what is provided in Article 2176 shall be
applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.
The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family
to prevent damage.
CC 2181
Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction of the claim.
Page 26 of 70
f. The State
CC 44 (1)
CC 45 (1)
CC 46
Juridical persons may acquire and possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in conformity with the laws and
regulations of their organization.
CC 2183
CC 2184
In motor vehicle mishap , the owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have by the use of due diligence,
prevented the misfortune. It is disputably presumed that a driver was negligent, if
he had been found guilty of reckless driving or violating traffic regulations at
least twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of Article 2180 are
applicable.
Page 27 of 70
CC 2185
CC 2186
Every owner of a motor vehicle shall file with the proper government office a
bond executed by a Government owned or controlled corporation or office, to
answer for damages to third persons. The amount of the bond and other terms
shall be fixed by the competent public official.
IC (CMVLI)
c. Manufacturers
CC 2187
CC 1547
(1) An implied warranty on the part of the seller that he has a right to sell the
thing at the time when the ownership is to pass, and that the buyer shall from
that time have and enjoy the legal and peaceful possession of the thing;
(2) An implied warranty that the thing shall be free from any hidden faults or
defects, or any charge or encumbrance not declared or known to the buyer.
This article shall not, however, be held to render liable a sheriff, auctioneer,
mortgagee, pledgee, or other person professing to sell by virtue of authority in
fact or law, for the sale of a thing in which a third person has a legal or
equitable interest.
RA 7394: 167
Prescription.-- All actions or claims accruing under the provisions of this Act and
the rules and regulations issued pursuant thereto shall prescribe within two (2)
years from the time the consumer transaction was consummated or the
deceptive or unfair and unconscionable act or practice was committed and in
case of hidden defects, from discovery thereof.
RA 7394: 97
A product is defective when it does not offer the safety rightfully expected of it,
taking relevant circumstances into consideration, including but not limited to:
a) presentation of product;
b) use and hazards reasonably expected of it;
c) the time it was put into circulation.
The manufacturer, builder, producer or importer shall not be held liable when it
evidences:
RA 7394: 98
Page 29 of 70
RA 7394: 99
Liability for Defective Services. -- The service supplier is liable for redress,
independently of fault, for damages caused to consumers by defects relating to
the rendering of the services, as well as for insufficient or inadequate
information on the fruition and hazards thereof.
The service is defective when it does not provide the safety the consumer
may rightfully expect of it, taking the relevant circumstances into consideration,
including but not limited to:
RA 7394: 100
If the imperfection is not corrected within thirty (30) days, the consumer may
alternatively demand at his option:
a) the replacement of the product by another of the same kind, in a perfect state
of use;
b) the immediate reimbursement of the amount paid, with monetary updating,
without prejudice to any losses and damages;
c) a proportionate price reduction.
The parties may agree to reduce or increase the term specified in the
immediately preceding paragraph: but such shall not be less than seven (7) nor
more than one hundred and eighty (180) days.
The consumer may make immediate use of the alternatives under the second
paragraph of this Article when by virtue of the extent of the imperfection, the
replacement of the imperfect parts may jeopardize the product quality or
characteristics, thus decreasing its value.
If the consumer opts for the alternative under subparagraph (a) of the second
paragraph of this Article, and replacement of the product is not possible, it may
be replaced by another of a different kind, mark or model: Provided, That any
difference in price may result thereof shall be supplemented or reimbursed by
the party which caused the damage, without prejudice to the provisions of the
second, third and fourth paragraphs of this Article.
RA 7394: 101
Liability for Product Quantity Imperfection.-- Suppliers are jointly liable for
imperfections in the quantity of the product when, in due regard for variations
inherent thereto, their net content is less than that indicated on the container,
packaging, labeling or advertisement, the consumer having powers to demand,
alternatively, at his own option:
The provisions of the fifth paragraph of Article 99 shall apply to this Article.
The immediate supplier shall be liable if the instrument used for weighing or
measuring is not gauged in accordance with official standards.
Page 31 of 70
RA 7394: 102
Liability for Service Quality Imperfection. -- the service supplier is liable for any
quality imperfections that render the services improper for consumption or
decrease their value, and for those resulting from inconsistency with the
information contained in the offer or advertisement, the consumer being
entitled to demand alternatively at his option:
a) the performance of the services, without any additional cost and when
applicable;
b) the immediate reimbursement of the amount paid, with monetary updating
without prejudice to losses and damages, if any;
c) a proportionate price reduction.
RA 7394: 103
Repair Service Obligation. -- When services are provided for the repair of any
product, the supplier shall be considered implicitly bound to use adequate, new,
original replacement parts, or those that maintain the manufacturer's technical
specifications unless, otherwise authorized, as regards to the latter by the
customer.
RA 7394: 104
RA 7394: 105
RA 7394: 106
Page 32 of 70
RA 7394: 107
Penalties. -- Any person who shall violate any provision of this Chapter or its
implementing rules and regulations with respect to any consumer product which
is not food, cosmetic, or hazardous substance shall upon conviction, be subject
to a fine of not less than Five thousand pesos (P5,000) and by imprisonment
of not more than one (1) year or both upon the discretion of the court.
In case of judicial persons, the penalty shall be imposed upon its president,
manager or head. If the offender is an alien, he shall, after payment of fine and
service of sentence, be deported without further deportation proceedings.
d. Local governments
CC 2189
Provinces, cities and municipalities shall be liable for damages for the death of,
or injuries suffered by any person by reason of the defective condition of roads,
streets, bridges, public buildings, and other public works under their control or
supervision.
LGC 15
LGC 22 (a)
Page 33 of 70
CC 2190
CC 2191
(1) By the explosion of machinery which has not been taken cared of with
due diligence, and the inflammation of explosive substances which have not
been kept in a safe and adequate place;
(3) By the falling of trees situated at or near highways or lanes, if not caused by
force majeure;
CC 2192
If damages referred to in Articles 2190 and 2191 should be the result of any
defect in the construction mentioned in Article 1723, the third person suffering
Page 34 of 70
CC 2193
The head of a family that lives in a building or a part thereof, is responsible for
damages caused by things thrown or falling from the same.
CC 2194
The responsibility of two or more persons who are liable for a quasi-delict is
solidary.
CC 2177
Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirely
separate and distinct form the civil liability arising form negligence under the
Penal Code. But the plaintiff cannot recover damages twice for the same act or
omission of the defendant.
CC 31
When the civil action is based on an obligation not arising form the act or
omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings regardless of the result of the latter.
CC 32
Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures;
(18)Freedom from excessive fines, or cruel and unusual punishment, unless the
same is imposed or inflicted in accordance with a statute which has not been
judicially declared unconstitutional;
Page 36 of 70
In any of the cases referred to in this article, whether or not the defendant's act
or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages and for
other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted) and may be proved by a preponderance of
evidence.
CC 33
In cases of defamation, fraud, and physical injuries, a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed independently of the criminal
prosecution, shall require only a preponderance of evidence.
CC 34
When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence
shall suffice to support such action.
Rule 111
2. Effect of acquittal
CC 29
When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a
preponderance of evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious.
3. Prejudicial question
CC 36
Rule 111
CC 19
Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.
CC 20
CC 21
Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for
the damage.
B. Unjust enrichment
CC 22
CC 23
Page 38 of 70
Even when an act or event causing damage to another's property was not due
to the fault or negligence of the defendant, the latter shall be liable for indemnity
if through the act or event he was benefited.
CC 2154
If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises.
CC 24
CC 1332
CC 25
CC 26
Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for
damages, prevention and other relief:
F. Dereliction of Duty
CC 27
G. Unfair Competition
CC 28
CC 32
Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures;
(13) The right to take part in a peaceable assembly to petition the Government
for redress of grievances;
(16) The right of the accused to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy and
public trial, to meet the witnesses face to face, and to have compulsory process
to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from
being forced to confess guilt, or from being induced by a promise of immunity or
reward to make such confession, except when the person confessing becomes
a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has not
been judicially declared unconstitutional;
In any of the cases referred to in this article, whether or not the defendant's act
or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages and for
Page 41 of 70
other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted) and may be proved by a preponderance of
evidence.
CC 33
In cases of defamation, fraud, and physical injuries, a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed independently of the criminal
prosecution, shall require only a preponderance of evidence.
Nonfeasances of police
CC 34
When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence
shall suffice to support such action.
CC 35
A. Definition
CC 694
(4) Obstructs or interferes with the free passage of any public highway or
streets, or any body of water; or
B. Kinds
1. Public or private
CC 695
C. Abatement
CC 696
CC 697
The abatement of a nuisance does not preclude the right of any person injured
to recover damages for its past existence.
CC 698
Page 43 of 70
CC 699
CC 700
The district health officer shall take care that one or all of the remedies against
a public nuisance are availed of.
CC 701
CC 702
The district health officer shall determine whether or not abatement, without
judicial proceedings, is the best remedy against a public nuisance.
CC 703
CC 704
(1) That demand be first made upon the owner or possessor of the property to
abate the nuisance;
(3) That the abatement be approved by the district health officer and executed
with the assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand pesos.
CC 705
CC 706
CC 707
CC 682
Every building or piece of land is subject to the easement which prohibits the
proprietor or possessor from committing nuisance through noise, jarring,
offensive odor, smoke, heat, dust, water, glare and other causes.
CC 683
Subject to zoning, health, police and other laws and regulations, factories and
shops may be maintained provided the least possible annoyance is caused to
the neighborhood.
Page 45 of 70
DAMAGES
A. General provisions
1. Concept/rules
CC 2195
CC 2196
The rules under this Title are without prejudice to special provisions on
damages formulated elsewhere in the Civil Code. Compensation for workmen
and other employees in case of death, injury or illness is regulated by special
laws. Rules governing damages laid down in other laws shall be observed
insofar as they are not in conflict with the Civil Code.
CC 2197
CC 2198
The principles of the general law on damages are hereby adopted insofar as
they are not inconsistent with the Civil Code.
2. In labor cases
LC 217 (4)
the submission of the case by the parties for decision without extension, even
in the absence of stenographic notes, the following cases involving all workers,
whether agricultural or non-agricultural:
4. Claims for actual, moral, exemplary and other forms of damages arising
from the employer-employee relations.
CC 1701
The relation between capital and labor are not merely contractual. They are so
impressed with public interest that labor contracts must yield to the common
good. Therefore, such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts, closed shop, wages,
working conditions, hours of labor and similar subjects.
1. Requisites
CC 2219
The spouse, descendants, ascendants, and brother and sister may bring the
action mentioned in No. 9 of this article, in the order named.
Page 47 of 70
CC 309
Any person who shows disrespect to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the deceased for damages, material and
moral.
CC 21
Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for
the damage.
CC 26
Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for
damages, prevention and other relief:
CC 27
CC 28
CC 29
Page 48 of 70
When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a
preponderance of evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious.
CC 30
When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the
pendency of the civil case, a preponderance of evidence shall likewise be
sufficient to prove the act complained of.
CC 32
Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures;
Page 49 of 70
(13) The right to take part in a peaceable assembly to petition the Government
for redress of grievances;
(16) The right of the accused to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy and
public trial, to meet the witnesses face to face, and to have compulsory process
to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from
being forced to confess guilt, or from being induced by a promise of immunity or
reward to make such confession, except when the person confessing becomes
a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has not
been judicially declared unconstitutional;
In any of the cases referred to in this article, whether or not the defendant's act
or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages and for
other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted) and may be proved by a preponderance of
evidence.
CC 34
When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
Page 50 of 70
CC 35
a. pecuniary
b. alleged with certainty
c. proximate
d. not speculative
2. Elements
CC 2200
Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain.
CC 2205
CC 2200
Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain.
CC 2208
In all cases, the attorney's fees and expenses of litigation must be reasonable.
c. interest
CC 2209
If the obligation consists in the payment of a sum of money, and the debtor incurs
in delay, the indemnity for damages, there being no stipulation to the contrary,
shall be the payment of the interest agreed upon, and in the absence of
stipulation, the legal interest, which is six per cent per annum.
CC 2210
Page 52 of 70
Interest may, in the discretion of the court, be allowed upon damages awarded
for breach of contract.
CC 2211
CC 2212
Interest due shall earn legal interest from the time it is judicially demanded,
although the obligation may be silent upon this point.
CC 2213
CC 2201
In contracts and quasi-contracts, the damages for which the obligor who acted
in good faith is liable shall be those that are the natural and probable
consequences of the breach of the obligation, and which the parties have
foreseen or could have reasonably foreseen at the time the obligation was
constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the non-
performance of the obligation.
CC 2215
(1) That the plaintiff himself has contravened the terms of the contract;
(2) That the plaintiff has derived some benefit as a result of the contract;
Page 53 of 70
(3) In cases where exemplary damages are to be awarded, that the defendant
acted upon the advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant has done his best to
lessen the plaintiff's loss or injury.
C. Moral Damages
CC 2217
Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages
may be recovered if they are the proximate result of the defendant's wrongful
act for omission.
CC 2218
1. When recoverable
CC 2219
The spouse, descendants, ascendants, and brother and sister may bring the
action mentioned in No. 9 of this article, in the order named.
CC 309
Any person who shows disrespect to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the deceased for damages, material and
moral.
CC 21
Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for
the damage.
CC 26
Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for
damages, prevention and other relief:
CC 27
CC 28
Page 55 of 70
CC 29
When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a
preponderance of evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious.
CC 30
When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance of evidence shall likewise be sufficient to prove
the act complained of.
CC 32
Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
In any of the cases referred to in this article, whether or not the defendant's act
or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages and for
other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted) and may be proved by a preponderance of
evidence.
CC 34
When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence
shall suffice to support such action.
CC 35
CC 2220
Willful injury to property may be a legal ground for awarding moral damages if
the court should find that, under the circumstances, such damages are justly
due. The same rule applies to breaches of contract where the defendant
acted fraudulently or in bad faith.
see cases
F. Liquidated Damages
CC 2226
CC 2227
CC 2228
When the breach of the contract committed by the defendant is not the one
contemplated by the parties in agreeing upon the liquidated damages, the law
shall determine the measure of damages, and not the stipulation.
cf 1226
In obligations with a penal clause, the penalty shall substitute for the damages
and the payment of interests in case of non-compliance if there is no
stipulation to the contrary. Nevertheless, damages shall be paid if the obligor
refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
Page 58 of 70
The penalty may be enforced only when it is demandable in accordance with the
provision of the Civil Code.
1227
The debtor cannot exempt himself from the performance of the obligation by
paying the penalty unless such right has been expressly reserved or him.
The creditor cannot demand both the fulfillment of the obligation and the payment
of the penalty at the same time unless this right is clearly granted to him.
However, if after the creditor has decided to require the fulfillment of the
obligation, the performance thereof should become impossible without his fault,
the penalty may be enforced.
1228
Proof of actual damages suffered by the creditor is not necessary in order that
the penalty may be demanded.
The judge shall equitably reduce the penalty when the principal obligation has
been partly or irregularly complied with by the debtor. Even if there has been no
performance, the penalty may also be reduced by the courts if it is iniquitous or
unconscionable.
1230
The nullity of the penal clause does not carry the nullity of the principal obligation.
The nullity of the principal obligation carries the nullity of the penal clause.
H. Graduation of damages
CC 2203
The party suffering loss or injury must exercise the diligence of a good father
of a family to minimize the damages resulting from the act or omission in
question.
Page 59 of 70
3. Non co-existence
Chapter I
General Provisions
CC 2195
CC 2196
The rules under this Title are without prejudice to special provisions on
damages formulated elsewhere in the Civil Code. Compensation for workmen
and other employees in case of death, injury or illness is regulated by special
laws. Rules governing damages laid down in other laws shall be observed
insofar as they are not in conflict with the Civil Code.
CC 2197
CC 2198
The principles of the general law on damages are hereby adopted insofar as
they are not inconsistent with the Civil Code.
Chapter 2
CC 2199
Page 60 of 70
CC 2200
Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain.
CC 2201
In contracts and quasi-contracts, the damages for which the obligor who acted
in good faith is liable shall be those that are the natural and probable
consequences of the breach of the obligation, and which the parties have
foreseen or could have reasonably foreseen at the time the obligation was
constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the non-
performance of the obligation.
CC 2202
In crimes and quasi-delicts, the defendants shall be liable for all damages which
are the natural and probable consequences of the act or omission which are the
natural and probable consequences of the act or omission complained of. It is not
necessary that such damages have been foreseen by the defendant.
CC 2203
The party suffering loss or injury must exercise the diligence of a good father of a
family to minimize the damages resulting from the act or omission in question.
CC 2204
CC 2205
CC 2206
(1) The defendant shall be liable for the loss of the earning capacity of the
deceased, and the indemnity shall be paid to the heirs of the latter, such
indemnity shall in every case be assessed and awarded by the court, unless
the deceased on account of permanent physical disability not caused by the
defendant, had no earning capacity at the time of his death.
(2) If the deceased was obliged to give support according to the provisions of
Article 291, the recipient who is not an heir called to the decedent's by the law of
testate or intestate succession, may demand support from the person causing
the death, for a period not exceeding five years, the exact duration to be fixed by
the court.
(3) The spouse, legitimate and illegitimate descendants and ascendants of the
deceased may demand moral damages for mental anguish by reason of the
death of the deceased.
CC 2207
If the plaintiff's property has been insured, and he has received indemnity from
the insurance company for the injury or loss arising out of the wrong or breach of
contract complained of the insurance company shall be subrogated to the rights
of the insured against the wrongdoer or the person who has violated the
contract. If the amount paid by the insurance company does not fully cover the
injury or loss, the aggrieved
party shall be entitled to recover the deficiency from the person causing the loss
or injury.
CC 2208
In all cases, the attorney's fees and expenses of litigation must be reasonable.
CC 2209
If the obligation consists in the payment of a sum of money, and the debtor incurs
in delay, the indemnity for damages, there being no stipulation to the contrary,
shall be the payment of the interest agreed upon, and in the absence of
stipulation, the legal interest, which is six per cent per annum.
CC 2210
Interest may, in the discretion of the court, be allowed upon damages awarded
for breach of contract.
CC 2211
CC 2212
Interest due shall earn legal interest from the time it is judicially demanded,
although the obligation may be silent upon this point.
CC 2213
CC 2214
CC 2215
Page 63 of 70
(1) That the plaintiff himself has contravened the terms of the contract;
(2) That the plaintiff has derived some benefit as a result of the contract;
(3) In cases where exemplary damages are to be awarded, that the defendant
acted upon the advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant has done his best to lessen
the plaintiff's loss or injury.
Chapter 3
CC 2216
CC 2217
Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages may
be recovered if they are the proximate result of the defendant's wrongful act or
omission.
CC 2218
CC 2219
The spouse, descendants, ascendants, and brother and sister may bring the
action mentioned in No. 9 of this article, in the order named.
CC 309
Any person who shows disrespect to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the deceased for damages, material and
moral.
CC 21
Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for
the damage.
CC 26
Every person shall respect the dignity, personality, privacy and peace of mind of
his neighbors and other persons. The following and similar acts, though they may
not constitute a criminal offense, shall produce a cause of action for damages,
prevention and other relief:
(2) Meddling with or disturbing the private life or family relations of another;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station
in life, place of birth, physical defect, or other personal condition.
CC 27
CC 28
CC 29
When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a
preponderance of evidence. Upon motion of the defendant, the court may require
the plaintiff to file a bond to answer for damages in case the complaint should be
found to be malicious.
CC 30
When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance of evidence shall likewise be sufficient to prove
the act complained of.
CC 32
Page 66 of 70
Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
In any of the cases referred to in this article, whether or not the defendant's act
or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages and for
other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted) and may be proved by a preponderance of
evidence.
Page 67 of 70
CC 34
When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence
shall suffice to support such action.
CC 35
CC 2220
Willful injury to property may be a legal ground for awarding moral damages if
the court should find that, under the circumstances, such damages are justly
due. The same rule applies to breaches of contract where the defendant
acted fraudulently or in bad faith.
CC 2221
Nominal damages are adjudicated in order that a right of the plaintiff, which has
been violated or invaded by the defendant, may be indicated or recognized, and
not for the purpose of indemnifying the plaintiff for any loss suffered by him.
CC 2222
Page 68 of 70
The court may award nominal damages in every obligation arising from any
source enumerated in Articles 1157, or in every case where any property right
has been invaded.
CC 2223
The 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.
CC 2224
Temperate or moderate damages, which are more than nominal but less than
compensatory damages, may be recovered when the court finds that some
pecuniary loss has been suffered but its amount cannot, from the nature of the
case, be proved with certainty.
CC 2225
CC 2226
CC 2227
CC 2228
When the breach of the contract committed by the defendant is not the one
contemplated by the parties in agreeing upon the liquidated damages, the law
shall determine the measure of damages, and not the stipulation.
CC 2229
CC 2230
CC 2231
CC 2232
CC 2233
CC 2234
When the amount of the exemplary damages need not be proved, the plaintiff
must show that he is entitled to moral, temperate or compensatory damages
before the court may consider the question of whether or not exemplary
damages should be awarded. In case liquidated damages have been agreed
upon, although no proof of loss is necessary in order that such liquidated
damages may be recovered, nevertheless, before the court may consider the
question of granting exemplary in addition to the liquidated damages, the plaintiff
must show that he would be entitled to moral, temperate or compensatory
damages were it not for the stipulation for liquidated damages.
CC 2235
Page 70 of 70
(Psalm 136:1)