TITLE I
Obligations
CHAPTER 1
General Provisions
Article 1156. An obligation is a juridical
necessity to give, to do or not to do. (n)
Article 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions
punished by law; and
(5) Quasi-delicts. (1089a)
Article 1158. Obligations derived from
law are not presumed. Only those
expressly determined in this Code or in
special laws are demandable, and shall
be regulated by the precepts of the law
which establishes them; and as to what
has not been foreseen, by the provisions
of this Book. (1090)
Article 1159. Obligations arising from
contracts have the force of law between
the contracting parties and should be
complied with in good faith. (1091a)
Article 1160. Obligations derived from
quasi-contracts shall be subject to the
provisions of Chapter 1, Title XVII, of
this Book. (n)
Article 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 XVIII of this Book, regulating
damages. (1092a)
Article 1162. Obligations derived from
quasi-delicts shall be governed by the
provisions of Chapter 2, Title XVII of this
Book, and by special laws. (1093a)
Quasi-delicts
Article 2176. Whoever by act or
omission causes damage to another,
there being fault or negligence, is
obliged to pay for the damage done.
Such fault or negligence, if there is no
pre-existing contractual relation
between the parties, is called a quasi-
delict and is governed by the provisions
of this Chapter. (1902a)
Article 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 XVIII of this Book, regulating
damages. (1092a)
Article 2177. Responsibility for fault or
negligence under the preceding article is
entirely separate and distinct from the
civil liability arising from negligence
under the Penal Code. But the plaintiff
cannot recover damages twice for the
same act or omission of the defendant.
(n)
Article 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. (n)
person driving a motor vehicle has been
negligent if at the time of the mishap, he
SUBSECTION 3. Safety of Passengers
Article 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.
Article 1756. In case of death of or
injuries to passengers, common carriers
are presumed to have been at fault or to
have acted negligently, unless they
prove that they observed extraordinary
diligence as prescribed in articles 1733
and 1755.
Article 2184. In motor vehicle mishaps,
the owner is solidarily liable with his
driver, if the former, who was in the
vehicle, could have, by the use of the
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. (n)
Article 2185. Unless there is proof to
the contrary, it is presumed that a
was violating any traffic regulation. (n)
Article 2188. There is prima facie
presumption of negligence on the 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. (n)
Article 1174. Except in cases expressly
specified by the law, or when it is
otherwise declared by stipulation, or
when the nature of the obligation
requires the assumption of risk, no
person shall be responsible for those
events which could not be foreseen, or
which, though foreseen, were inevitable.
(1105a)
Article 1146. The following actions
must be instituted within four years:
(1) Upon an injury to the rights of the
plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or
out of any act, activity, or conduct of any
public officer involving the exercise of
powers or authority arising from Martial
Law including the arrest, detention
and/or trial of the plaintiff, the same
must be brought within one (1) year. (As
amended by PD No. 1755, Dec. 24,
1980.)
Article 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.
Guardians are liable for damages
caused by the minors or incapacitated
persons who are under their authority
and live in their company.
The owners and managers of an
establishment or enterprise are likewise
responsible for damages caused by
their employees in the service of the
branches in which the latter are
employed or on the occasion of their
functions.
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.
(1903a)
Article 6. Rights may be waived, unless
the waiver is contrary to law, public
order, public policy, morals, or good
customs, or prejudicial to a third person
with a right recognized by law. (4a)
Article 1170. Those who in the
performance of their obligations are
guilty of fraud, negligence, or delay, and
those who in any manner contravene the
tenor thereof, are liable for damages.
(1101)
Article 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.
Guardians are liable for damages
caused by the minors or incapacitated
persons who are under their authority
and live in their company.
The owners and managers of an
establishment or enterprise are likewise
responsible for damages caused by
their employees in the service of the
branches in which the latter are
employed or on the occasion of their
functions.
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.
(1903a)
Article 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. (1904)
Article 2182. If the minor or insane
person causing damage has no parents
or guardian, 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.
(n)
Article 216. The family is a basic social
institution which public policy cherishes
and protects.
Article 217. Family relations shall
include those:
(1) Between husband and wife;
(2) Between parent and child;
(3) Among other ascendants and their
descendants;
(4) Among brothers and sisters.
Article 218. The law governs family
relations. No custom, practice or
agreement which is destructive of the
family shall be recognized or given any
effect.
Article 219. Mutual aid, both moral and
material, shall be rendered among
members of the same family. Judicial
and administrative officials shall foster
this mutual assistance.
Article 221. The following shall be void
and of no effect:
(1) Any contract for personal separation
between husband and wife;
(2) Every extra-judicial agreement,
during marriage, for the dissolution of
the conjugal partnership of gains or of
the absolute community of property
between husband and wife;
(3) Every collusion to obtain a decree of
legal separation, or of annulment of
marriage;
(4) Any simulated alienation of property
with intent to deprive the compulsory
heirs of their legitime.
Article 236. The family home may be
dissolved upon the petition of the
person who has constituted the same,
with the written consent of his or her
spouse and of at least one half of all the
other beneficiaries who are eighteen
years of age or over. The court may
grant the petition if it is satisfactorily
shown that the best interest of the
family requires the dissolution of the
family home.

Article 2183. The possessor of an
animal or whoever may make use of the
same is responsible for the damage
which it may cause, although it may
escape or be lost. This responsibility
shall cease only in case the damage
should come from force majeure or
from the fault of the person who has
suffered damage. (1905)
Article 2184. In motor vehicle mishaps,
the owner is solidarily liable with his
driver, if the former, who was in the
vehicle, could have, by the use of the
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. (n)
Article 2185. Unless there is proof to
the contrary, it is presumed that a
person driving a motor vehicle has been
negligent if at the time of the mishap, he
was violating any traffic regulation. (n)
Article 2186. Every owner of a motor
vehicle shall file with the proper
government office a bond executed by a
government-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. (n)
Article 2187. Manufacturers and
processors of foodstuffs, drinks, toilet
articles and similar goods shall be liable
for death or injuries caused by any
noxious or harmful substances used,
although no contractual relation exists
between them and the consumers. (n)
Article 2188. There is prima facie
presumption of negligence on the 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. (n)
Article 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. (n)
Article 2190. The proprietor of a
building or structure is responsible for
the damages resulting from its total or
partial collapse, if it should be due to the
lack of necessary repairs. (1907)
Article 2191. Proprietors shall also be
responsible for damages caused:
(1) By the explosion of machinery which
has not been taken care of with due
diligence, and the inflammation of
explosive substances which have not
been kept in a safe and adequate place;
(2) By excessive smoke, which may be
harmful to persons or property;
(3) By the falling of trees situated at or
near highways or lanes, if not caused by
force majeure;
(4) By emanations from tubes, canals,
sewers or deposits of infectious matter,
constructed without precautions
suitable to the place. (1908)
Article 2192. If damage referred to in
the two preceding articles should be the
result of any defect in the construction
mentioned in article 1723, the third
person suffering damages may proceed
only against the engineer or architect or
contractor in accordance with said
article, within the period therein fixed.
(1909)
Article 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.
(1910)
Article 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 cause 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. (n)
Article 2194. The responsibility of two
or more persons who are liable for
quasi-delict is solidary. (n)
CHAPTER 2
Human Relations (n)
Article 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.
Article 20. Every person who, contrary to
law, wilfully or negligently causes
damage to another, shall indemnify the
latter for the same.
Article 21. Any person who wilfully
causes loss or injury to another in
manner that is contrary to morals, good
customs or public policy shall
compensate the latter for the damage.
Article 22. Every person who through an
act of performance by another, or any
other means, acquires or comes into
possession of something at the expense
of the latter without just or legal ground,
shall return the same to him.
Article 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.
Article 24. In all contractual, property or
other relations, when one of the parties
is at a disadvantage on account of his
moral dependence, ignorance,
indigence, mental weakness, tender age
or other handicap, the courts must be give rise to a right of action by the
vigilant for his protection. person who thereby suffers damage.

Article 25. Thoughtless extravagance in

expenses for pleasure or display during
a period of acute public want or
emergency may be stopped by order of
the courts at the instance of any
government or private charitable
institution.

Article 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:
(1) Prying into the privacy of another's
residence;
(2) Meddling with or disturbing the
private life or family relations of another;
(3) Intriguing to cause another to be
alienated from his friends;
(4) Vexing or humiliating another on
account of his religious beliefs, lowly
station in life, place of birth, physical
defect, or other personal condition.

Article 27. Any person suffering

material or moral loss because a public
servant or employee refuses or neglects,
without just cause, to perform his
official duty may file an action for
damages and other relief against the
latter, without prejudice to any
disciplinary administrative action that
may be taken.

Article 28. Unfair competition in

agricultural, commercial or industrial
enterprises or in labor through the use
of force, intimidation, deceit,
machination or any other unjust,
oppressive or highhanded method shall
Article 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:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the
press or to maintain a
periodical publication;
(4) Freedom from arbitrary or
illegal detention;
(5) Freedom of suffrage;
(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;
(8) The right to the equal
protection of the laws;
(9) The right to be secure in
one's person, house, papers,
and effects against
unreasonable searches and
seizures;
(10) The liberty of abode and
of changing the same;
(11) The privacy of
communication and
correspondence;
(12) The right to become a
member of associations or
societies for purposes not
contrary to law;
(13) The right to take part in a
peaceable assembly to
petition the Government for
redress of grievances;
(14) The right to be a free from
involuntary servitude in any
form;
(15) The right of the accused
against excessive bail;
(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; and
(19) Freedom of access to the
courts.
In any of the cases referred to
in this article, whether or not
the defendant's act or
omission constitutes a reasonable opportunity to make such
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.
The indemnity shall include moral
damages. Exemplary damages may also
be adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act
or omission constitutes a violation of
the Penal Code or other penal statute.
Article 1314. Any third person who
induces another to violate his contract
shall be liable for damages to the other
contracting party. (n)
RULE 111
Prosecution of Civil Action
Section 1. Institution of criminal and civil
actions. — (a) When a criminal action is
instituted, the civil action for the
recovery of civil liability arising from the
offense charged shall be deemed
instituted with the criminal action unless
the offended party waives the civil
action, reserves the right to institute it
separately or institutes the civil action
prior to the criminal action.
The reservation of the right to institute
separately the civil action shall be made
before the prosecution starts presenting
its evidence and under circumstances
affording the offended party a
reservation.
When the offended party seeks to
enforce civil liability against the accused
by way of moral, nominal, temperate, or
exemplary damages without specifying
the amount thereof in the complaint or
information, the filing fees thereof shall
constitute a first lien on the judgment
awarding such damages.
Where the amount of damages, other
than actual, is specified in the complaint
or information, the corresponding filing
fees shall be paid by the offended party
upon the filing thereof in court.
Except as otherwise provided in these
Rules, no filing fees shall be required for
actual damages.
No counterclaim, cross-claim or third-
party complaint may be filed by the
accused in the criminal case, but any
cause of action which could have been
the subject thereof may be litigated in a
separate civil action. (1a)
(b) The criminal action for violation of
Batas Pambansa Blg. 22 shall be
deemed to include the corresponding
civil action. No reservation to file such
civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal
and civil actions, the offended party
shall pay in full the filing fees based on
the amount of the check involved, which
shall be considered as the actual
damages claimed. Where the complaint
or information also seeks to recover
liquidated, moral, nominal, temperate or
exemplary damages, the offended party
shall pay additional filing fees based on
the amounts alleged therein. If the
amounts are not so alleged but any of
these damages are subsequently
awarded by the court, the filing fees
based on the amount awarded shall
constitute a first lien on the judgment.
Where the civil action has been filed
separately and trial thereof has not yet
commenced, it may be consolidated
with the criminal action upon application
with the court trying the latter case. If
the application is granted, the trial of
both actions shall proceed in
accordance with section 2 of this Rule
governing consolidation of the civil and
criminal actions. (cir. 57-97)
Section 2. When separate civil action is
suspended. — After the criminal action
has been commenced, the separate civil
action arising therefrom cannot be
instituted until final judgment has been
entered in the criminal action.
If the criminal action is filed after the
said civil action has already been
instituted, the latter shall be suspended
in whatever stage it may be found
before judgment on the merits. The
suspension shall last until final
judgment is rendered in the criminal
action. Nevertheless, before judgment
on the merits is rendered in the civil
action, the same may, upon motion of
the offended party, be consolidated with
the criminal action in the court trying the
criminal action. In case of consolidation,
the evidence already adduced in the civil
action shall be deemed automatically
reproduced in the criminal action
without prejudice to the right of the
prosecution to cross-examine the
witnesses presented by the offended
party in the criminal case and of the
parties to present additional evidence.
The consolidated criminal and civil
actions shall be tried and decided
jointly.
During the pendency of the criminal
action, the running of the period of
prescription of the civil action which
cannot be instituted separately or
whose proceeding has been suspended
shall be tolled. (n)
The extinction of the penal action does
not carry with it extinction of the civil
action. However, the civil action based
on delict shall be deemed extinguished
if there is a finding in a final judgment in
the criminal action that the act or
omission from which the civil liability
may arise did not exist. (2a)
Section 3. When civil action may
proceeded independently. — In the cases
provided for in Articles 32, 33, 34 and
2176 of the Civil Code of the Philippines,
the independent civil action may be
brought by the offended party. It shall
proceed independently of the criminal
action and shall require only a
preponderance of evidence. In no case,
however, may the offended party
recover damages twice for the same act
or omission charged in the criminal
action. (3a)
Article 36. Pre-judicial questions, which
must be decided before any criminal
prosecution may be instituted or may
proceed, shall be governed by rules of
court which the Supreme Court shall
promulgate and which shall not be in
conflict with the provisions of this Code.
Section 6. Suspension by reason of
prejudicial question. — A petition for
suspension of the criminal action based
upon the pendency of a prejudicial
question in a civil action may be filed in
the office of the prosecutor or the court
conducting the preliminary
investigation. When the criminal action
has been filed in court for trial, the
petition to suspend shall be filed in the
same criminal action at any time before
the prosecution rests. (6a)
RPC
Art. 102. Subsidiary civil liability of
innkeepers, tavernkeepers and
proprietors of establishments. — In
default of the persons criminally liable,
innkeepers, tavernkeepers, and any
other persons or corporations shall be
civilly liable for crimes committed in
their establishments, in all cases where
a violation of municipal ordinances or
some general or special police
regulation shall have been committed by
them or their employees.
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 deposit
of such goods within the inn; and shall
furthermore have followed the
directions 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.
Art. 103. Subsidiary civil liability of other
persons. — The subsidiary liability
established in the next preceding article
shall also apply to employers, teachers,
persons, and corporations engaged in
any kind of industry for felonies
committed by their servants, pupils,
workmen, apprentices, or employees in
the discharge of their duties.
LABOR CODE
Article 106. Contractor or
subcontractor. Whenever an employer
enters into a contract with another
person for the performance of the
former’s work, the employees of the
contractor and of the latter’s
subcontractor, if any, shall be paid in
accordance with the provisions of this
Code.
In the event that the contractor or
subcontractor fails to pay the wages of
his employees in accordance with this
Code, the employer shall be jointly and
severally liable with his contractor or
subcontractor to such employees to the
extent of the work performed under the
contract, in the same manner and extent
that he is liable to employees directly
employed by him.
The Secretary of Labor and Employment
may, by appropriate regulations, restrict
or prohibit the contracting-out of labor
to protect the rights of workers
established under this Code. In so
prohibiting or restricting, he may make
appropriate distinctions between labor-
only contracting and job contracting as
well as differentiations within these
types of contracting and determine who
among the parties involved shall be
considered the employer for purposes
of this Code, to prevent any violation or
circumvention of any provision of this
Code.
There is "labor-only" contracting where
the person supplying workers to an
employer does not have substantial
capital or investment in the form of
tools, equipment, machineries, work
premises, among others, and the
workers recruited and placed by such
person are performing activities which
are directly related to the principal
business of such employer. In such
cases, the person or intermediary shall
be considered merely as an agent of the
employer who shall be responsible to
the workers in the same manner and
extent as if the latter were directly
employed by him.

Article 107. Indirect employer. The

provisions of the immediately preceding
article shall likewise apply to any
person, partnership, association or
corporation which, not being an
employer, contracts with an independent
contractor for the performance of any
work, task, job or project.

Article 108. Posting of bond. An

employer or indirect employer may
require the contractor or subcontractor
to furnish a bond equal to the cost of
labor under contract, on condition that
the bond will answer for the wages due
the employees should the contractor or
subcontractor, as the case may be, fail
to pay the same.

Article 109. Solidary liability. The

provisions of existing laws to the
contrary notwithstanding, every
employer or indirect employer shall be
held responsible with his contractor or
subcontractor for any violation of any
provision of this Code. For purposes of
determining the extent of their civil
liability under this Chapter, they shall be
considered as direct employers.
Article 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
CHAPTER 2
Actual or Compensatory Damages
Article 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.
Article 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.
Article 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. (1108)
Article 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.
Article 2218. In the adjudication of
moral damages, the sentimental value
of property, real or personal, may be
considered.
Article 2219. Moral damages may be
recovered in the following and
analogous cases:
(1) A criminal offense resulting
in physical injuries;
(2) Quasi-delicts causing
physical injuries;
(3) Seduction, abduction, rape,
or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention
or arrest;
(6) Illegal search;
(7) Libel, slander or any other
form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in article
309;
(10) Acts and actions referred
to in articles 21, 26, 27, 28, 29,
30, 32, 34, and 35.
The parents of the female seduced,
abducted, raped, or abused, referred to
in No. 3 of this article, may also recover
moral damages.
The spouse, descendants, ascendants,
and brothers and sisters may bring the
action mentioned in No. 9 of this article,
in the order named.
Article 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.
SECTION 2
Nominal Damages
Article 2221. Nominal 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. 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 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.
SECTION 3
Temperate or Moderate Damages
Article 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 can not, from
the nature of the case, be provided with
certainty.
Article 2225. Temperate damages must
be reasonable under the circumstances.
SECTION 4
Liquidated Damages
Article 2226. Liquidated damages are
those agreed upon by the parties to a
contract, to be paid in case of breach
thereof.
Article 2227. Liquidated damages,
whether intended as an indemnity or a
penalty, shall be equitably reduced if
they are iniquitous or unconscionable.
Article 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.
SECTION 5
Exemplary or Corrective Damages
Article 2229. Exemplary or corrective
damages are imposed, by way of
example or correction for the public
good, in addition to the moral,
temperate, liquidated or compensatory
damages.
Article 2230. In criminal offenses,
exemplary damages as a part of the civil
liability may be imposed when the crime
was committed with one or more
aggravating circumstances. Such
damages are separate and distinct from
fines and shall be paid to the offended
party.
Article 2231. In quasi-delicts, exemplary
damages may be granted if the
defendant acted with gross negligence.
Article 2232. In contracts and quasi-
contracts, the court may award
exemplary damages if the defendant
acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.
Article 2233. Exemplary damages
cannot be recovered as a matter of right;
the court will decide whether or not they
should be adjudicated.
Article 2234. While 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.
Article 1194. In case of loss,
deterioration or improvement of the
thing before the arrival of the day
certain, the rules in article 1189 shall be
observed. (n)
Article 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.
Article 2204. In crimes, the damages to
be adjudicated may be respectively
increased or lessened according to the
aggravating or mitigating
circumstances.
Article 2214. In quasi-delicts, the
contributory negligence of the plaintiff
shall reduce the damages that he may
recover.
Article 2215. In contracts, quasi-
contracts, and quasi-delicts, the court
may equitably 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;
(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.