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TITLE XVIII DAMAGES 1 CHAPTER 1 General Provisions Article 2195 The provisions of this Title shall be respectively applicable to all obligations mentioned in article 1157. Article 219! The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. ules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. Article 219" !amages may be" #1$ %ctual or compensatory& #'$ (oral& #)$ *ominal& #+$ Temperate or moderate& #5$ ,i-uidated& or #.$ /0emplary or corrective. Article 219# The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. CHAPTER 2 Act$al or Co%&ensator' Da%a(es Article 2199 /0cept as provided by law or by stipulation, one is entitled to an ade-uate compensation only for such pecuniary loss suffered by him as he has duly proved. 1uch compensation is referred to as actual or compensatory damages. Article 22)) 2ndemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. #113.$ Article 22)1 2n contracts and -uasi4contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable conse-uences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. 2n case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non4performance of the obligation. #1137a$ Article 22)2 2n crimes and -uasi4delicts, the defendant shall be liable for all damages which are the natural and probable conse-uences of the act or omission complained of. 2t is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. Article 22)* The party suffering loss or injury must e0ercise the diligence of a good father of a family to minimi5e the damages resulting from the act or omission in -uestion. Article 22)+ 2n crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. Article 22)5 !amages may be recovered" #1$ 6or loss or impairment of earning capacity in cases of temporary or permanent personal injury& #'$ 6or injury to the plaintiff7s business standing or commercial credit. Article 22)! The amount of damages for death caused by a crime or -uasi4delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. 2n addition" #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& #'$ 2f the deceased was obliged to give support according to the provisions of article '81, the recipient who is not an heir called to the decedent7s inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not e0ceeding five years, the e0act duration to be fi0ed by the court& #)$ 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. Article 22)" 2f the plaintiff7s 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. 2f 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.

Ana Rhea Echavez torts 3 exam (DAMAGES)

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Article 22)# 2n the absence of stipulation, attorney7s fees and e0penses of litigation, other than judicial costs, cannot be recovered, e0cept" #1$ 9hen e0emplary damages are awarded& #'$ 9hen the defendant7s act or omission has compelled the plaintiff to litigate with third persons or to incur e0penses to protect his interest& #)$ 2n criminal cases of malicious prosecution against the plaintiff& #+$ 2n case of a clearly unfounded civil action or proceeding against the plaintiff& #5$ 9here the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff7s plainly valid, just and demandable claim& #.$ 2n actions for legal support& #7$ 2n actions for the recovery of wages of household helpers, laborers and skilled workers& #:$ 2n actions for indemnity under workmen7s compensation and employer7s liability laws& #8$ 2n a separate civil action to recover civil liability arising from a crime& #13$ 9hen at least double judicial costs are awarded& #11$ 2n any other case where the court deems it just and e-uitable that attorney7s fees and e0penses of litigation should be recovered. 2n all cases, the attorney7s fees and e0penses of litigation must be reasonable. Article 22)9 2f 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 si0 per cent per annum. #113:$ Article 221) 2nterest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. Article 2211 2n crimes and -uasi4delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. Article 2212 2nterest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. #1138a$ Article 221* 2nterest cannot be recovered upon unli-uidated claims or damages, e0cept when the demand can be established with reasonable certainty. Article 221+ 2n -uasi4delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. Article 2215 2n contracts, -uasi4contracts, and -uasi4 delicts, the court may e-uitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances" #1$ That the plaintiff himself has contravened the terms of the contract& #'$ That the plaintiff has derived some benefit as a result of the contract& #)$ 2n cases where e0emplary damages are to be awarded, that the defendant acted upon the advice of counsel& #+$ 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 plaintiff7s loss or injury. CHAPTER * ,t-er .in/s o0 Da%a(es Article 221! *o proof of pecuniary loss is necessary in order that moral, nominal, temperate, li-uidated or e0emplary damages, may be adjudicated. The assessment of such damages, e0cept li-uidated ones, is left to the discretion of the court, according to the circumstances of each case. SECTI,1 1 Moral Da%a(es Article 221" (oral damages include physical suffering, mental anguish, fright, serious an0iety, 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 pro0imate result of the defendant7s wrongful act for omission. Article 221# 2n the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. Article 2219 (oral damages may be recovered in the following and analogous cases" #1$ % criminal offense resulting in physical injuries& #'$ ;uasi4delicts causing physical injuries&

Ana Rhea Echavez torts 3 exam (DAMAGES)

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#)$ 1eduction, abduction, rape, or other lascivious acts& #+$ %dultery or concubinage& #5$ 2llegal or arbitrary detention or arrest& #.$ 2llegal search& #7$ ,ibel, slander or any other form of defamation& #:$ (alicious prosecution& #8$ %cts mentioned in article )38& #13$ %cts and actions referred to in articles '1, '., '7, ':, '8, )3, )', )+, and )5. The parents of the female seduced, abducted, raped, or abused, referred to in *o. ) of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in *o. 8 of this article, in the order named. Article 222) 9illful 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. SECTI,1 2 1o%inal Da%a(es Article 2221 *ominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recogni5ed, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. Article 2222 The court may award nominal damages in every obligation arising from any source enumerated in article 1157, or in every case where any property right has been invaded. Article 222* The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory -uestions, as between the parties to the suit, or their respective heirs and assigns. SECTI,1 * Te%&erate or Mo/erate Da%a(es Article 222+ 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 can not, from the nature of the case, be provided with certainty. Article 2225 Temperate damages must be reasonable under the circumstances. SECTI,1 + Li2$i/ate/ Da%a(es Article 222! ,i-uidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. Article 222" ,i-uidated damages, whether intended as an indemnity or a penalty, shall be e-uitably reduced if they are ini-uitous or unconscionable. Article 222# 9hen the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the li-uidated damages, the law shall determine the measure of damages, and not the stipulation. SECTI,1 5 E3e%&lar' or Corrective Da%a(es Article 2229 /0emplary or corrective damages are imposed, by way of e0ample or correction for the public good, in addition to the moral, temperate, li-uidated or compensatory damages. Article 22*) 2n criminal offenses, e0emplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. 1uch damages are separate and distinct from fines and shall be paid to the offended party. Article 22*1 2n -uasi4delicts, e0emplary damages may be granted if the defendant acted with gross negligence. Article 22*2 2n contracts and -uasi4contracts, the court may award e0emplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Article 22** /0emplary damages cannot be recovered as a matter of right& the court will decide whether or not they should be adjudicated. Article 22*+ 9hile the amount of the e0emplary 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 -uestion of whether or not e0emplary damages should be awarded. 2n case li-uidated damages have been agreed upon, although no proof of loss is necessary in order that such li-uidated damages may be recovered, nevertheless, before the court may consider the -uestion of granting e0emplary in addition to the li-uidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for the stipulation for li-uidated damages. Article 22*5 % stipulation whereby e0emplary damages are renounced in advance shall be null and void.

Ana Rhea Echavez torts 3 exam (DAMAGES)

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