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Art. 2199 – Art. 2208 NCC
TORTS AND DAMAGES
Joebell G. Paraggua
one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he duly proved. . Such compensation is referred to as actual or compensatory damages.ARTICLE 2199 Except as provided by law or by stipulation.
.ARTICLE 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.
In case of fraud. and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. bad faith.ARTICLE 2201 In contracts and quasi-contracts. . malice or wanton attitude. 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.
It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.ARTICLE 2202 In crimes and quasi-delicts. the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. .
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 2205 Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury. (2) For injury to the plaintiff's business standing or commercial credit.
(2) If the deceased was obliged to give support according to the provisions of article 291. unless the deceased on account of permanent physical disability not caused by the defendant. had no earning capacity at the time of his death. .ARTICLE 2206 The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. for a period not exceeding five years. the exact duration to be fixed by the court. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased. even though there may have been mitigating circumstances. 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. the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession. may demand support from the person causing the death. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. (3) The spouse.
ARTICLE 2207 If the plaintiff's property has been insured. . 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. 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.
other than judicial costs. (3) In criminal cases of malicious prosecution against the plaintiff. (4) In case of a clearly unfounded civil action or proceeding against the plaintiff.ARTICLE 2208 In the absence of stipulation. just and demandable claim. (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid. cannot be recovered. (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. attorney's fees and expenses of litigation. except: (1) When exemplary damages are awarded. .
ARTICLE 2208 . (7) In actions for the recovery of wages of household helpers. . (9) In a separate civil action to recover civil liability arising from a crime. In all cases. (10) When at least double judicial costs are awarded. laborers and skilled workers.continued (6) In actions for legal support. (8) In actions for indemnity under workmen's compensation and employer's liability laws.. the attorney's fees and expenses of litigation must be reasonable. (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered..