TITLE XVII require the person concerned to substitute him,

EXTRA-CONTRACTUAL OBLIGATIONS if the owner is in a position to do so. This

CHAPTER 1 juridical relation does not arise in either of these
Quasi-contracts instances:

Article 2142. Certain lawful, voluntary and (1) When the property or business is not
unilateral acts give rise to the juridical relation of neglected or abandoned;​
quasi-contract to the end that no one shall be (2) If in fact the manager has been tacitly
unjustly enriched or benefited at the expense of authorized by the owner.​
another. (n)
​ In the first case, the provisions of articles 1317,
(“Article 2142 means that even if there is no 1403, No. 1, and 1404 regarding unauthorized
actual contract, the law itself may create an contracts shall govern. In the second case, the
obligation when a lawful, voluntary, and rules on agency in Title X of this Book shall be
unilateral act benefits one person at the applicable. (1888a)​
expense of another. This is called a ​
quasi-contract. Its purpose is to prevent unjust ("This article introduces negotiorum gestio,
enrichment, meaning no one should gain which arises when someone voluntarily
something unfairly while another suffers loss. manages another person’s property or business
For example, if I mistakenly pay someone without authority. The manager, called the
money I don’t owe, the law obliges him to return officious manager, must continue the
it even if we had no agreement.”) management until completion or until the owner
can take over. However, this juridical relation
Article 2143. The provisions for quasi-contracts does not apply if the property was not
in this Chapter do not exclude other abandoned or if the owner had already given
quasi-contracts which may come within the tacit permission. In those cases, the rules on
purview of the preceding article. (n)​ unauthorized contracts or agency will apply
​ instead.")
(“This means that the quasi-contracts
specifically named in the Civil Code, like Article 2145. The officious manager shall
negotiorum gestio and solutio indebiti, are not perform his duties with all the diligence of a
the only ones recognized by law. Other lawful, good father of a family, and pay the damages
voluntary, and unilateral acts that fall under the which through his fault or negligence may be
definition of Article 2142 may also give rise to suffered by the owner of the property or
quasi-contracts. In short, the Code leaves room business under management.​
for other situations to prevent unjust enrichment,
even if they are not expressly listed in this The courts may, however, increase or moderate
Chapter.​ the indemnity according to the circumstances of
Example: If someone voluntarily pays funeral each case. (1889a)​
expenses for another’s relative without the ​
family knowing, the family must reimburse — ("This article means that the officious manager
even if it’s not specifically listed under in a negotiorum gestio must act with the same
negotiorum gestio or solutio indebiti.”) care and prudence as a responsible person
would with his own property — this is called the
SECTION 1 diligence of a good father of a family. If he is
Negotiorum Gestio negligent or at fault, and the owner suffers
damages because of it, he must pay. However,
Article 2144. Whoever voluntarily takes charge the courts may adjust (increase or lessen) the
of the agency or management of the business or indemnity depending on the circumstances of
property of another, without any power from the the case.")​
latter, is obliged to continue the same until the
termination of the affair and its incidents, or to
Article 2146. If the officious manager delegates imminent danger, the officious manager shall be
to another person all or some of his duties, he liable for fortuitous events:
shall be liable for the acts of the delegate, ​
without prejudice to the direct obligation of the (1) If he is manifestly unfit to carry on the
latter toward the owner of the business.​ management;​
(2) If by his intervention he prevented a more
The responsibility of two or more officious competent person from taking up the
managers shall be solidary, unless the management. (n)​
management was assumed to save the thing or ​
business from imminent danger. (1890a)​ ("This article provides another exception to the
​ general rule that no one is liable for fortuitous
("This article means that if the officious manager events. Here, the officious manager will be held
assigns his duties to someone else, he remains liable if: (1) he is clearly unfit or incapable of
liable for the acts of that substitute. The managing the property or business, or (2) by
substitute is also directly responsible to the interfering, he prevented someone else who
owner, but the original manager cannot escape was more competent from managing it properly.
liability by delegation. If two or more officious However, if the management was assumed only
managers act together, their liability is solidary to save the property or business from imminent
— meaning the owner may demand full danger, then he will not be liable for fortuitous
compliance from any of them. The only events.")
exception is when the management was done ​
merely to save the property or business from Article 2149. The ratification of the
imminent danger, in which case their liability is management by the owner of the business
not solidary.") produces the effects of an express agency, even
if the business may not have been successful.
Article 2147. The officious manager shall be (1892a)​
liable for any fortuitous event: ​
​ ("This article means that once the owner of the
(1) If he undertakes risky operations which the business ratifies or approves the officious
owner was not accustomed to embark upon;​ manager’s acts, the juridical relation changes
(2) If he has preferred his own interest to that of into an express agency. This is true even if the
the owner;​ business handled by the officious manager was
(3) If he fails to return the property or business not successful or did not produce good results.
after demand by the owner; Ratification, therefore, validates the acts of the
(4) If he assumed the management in bad faith. officious manager as if he had authority from the
(1891a)​ start.")
​ ​
("This article explains that although, as a rule, Article 2150. Although the officious
no one is liable for fortuitous events — or management may not have been expressly
accidents beyond human control — the officious ratified, the owner of the property or business
manager becomes liable in certain cases. He is who enjoys the advantages of the same shall be
liable if: (1) he engaged in risky operations the liable for obligations incurred in his interest, and
owner normally would not do, (2) he acted in his shall reimburse the officious manager for the
own interest rather than the owner’s, (3) he necessary and useful expenses and for the
refused to return the property after the owner damages which the latter may have suffered in
demanded it, or (4) he managed the business in the performance of his duties.
bad faith. In these situations, the law holds him ​
responsible for losses even if they were caused The same obligation shall be incumbent upon
by unforeseen events.")​ him when the management had for its purpose
the prevention of an imminent and manifest
Article 2148. Except when the management loss, although no benefit may have been
was assumed to save property or business from derived. (1893)
("This article provides that even without express However, there are two exceptions: (1) if the
ratification, the owner who benefits from the owner ratifies the officious management, either
officious manager’s acts becomes liable for the expressly or tacitly, or (2) if the contract directly
obligations incurred in his interest. He must also involves things belonging to the owner. In these
reimburse the manager for necessary and cases, the owner becomes bound by the
useful expenses, and for damages suffered in contract.")​
performing his duties. Likewise, even if no ​
actual benefit was gained, the owner is still Article 2153. The management is extinguished:
obliged to reimburse when the management ​
was undertaken to prevent an imminent and (1) When the owner repudiates it or puts an end
manifest loss.")​ thereto;​
​ (2) When the officious manager withdraws from
Article 2151. Even though the owner did not the management, subject to the provisions of
derive any benefit and there has been no article 2144;​
imminent and manifest danger to the property or (3) By the death, civil interdiction, insanity or
business, the owner is liable as under the first insolvency of the owner or the officious
paragraph of the preceding article, provided: manager. (n)
​
(1) The officious manager has acted in good ("This article explains the causes for
faith, and​ extinguishing negotiorum gestio or officious
(2) The property or business is intact, ready to management. It ends if: (1) the owner expressly
be returned to the owner. (n)​ rejects or stops it, (2) the officious manager
​ voluntarily withdraws, but only after complying
("This article means that the owner may still be with the duty under Article 2144 to continue until
liable to reimburse the officious manager even if the owner can take over, or (3) either the owner
the management produced no benefit and there or the officious manager dies, becomes legally
was no imminent danger to the property. incapacitated (civil interdiction or insanity), or
However, this liability exists only if two insolvent. In short, the relationship ends when
conditions are present: first, that the officious authority is cut off, the manager steps back
manager acted in good faith, and second, that properly, or either party loses the legal capacity
the property or business remains intact and to continue.")
ready to be returned. In short, the law protects
the good faith actions of the officious manager,
provided no harm was caused to the property.")
​
Article 2152. The officious manager is
personally liable for contracts which he has
entered into with third persons, even though he
acted in the name of the owner, and there shall
be no right of action between the owner and
third persons. These provisions shall not apply:
​
(1) If the owner has expressly or tacitly ratified
the management, or​
(2) When the contract refers to things pertaining
to the owner of the business. (n)
​
("This article means that as a rule, the officious
manager is personally responsible for contracts
he makes with third persons, even if he claimed
to act on behalf of the owner. The owner cannot
be sued by third persons in such cases.
SECTION 2 the payer may demand the return of the entire
Solutio Indebiti amount from any one of the payees, and it will
then be up to the payees to settle among
Article 2154. If something is received when themselves. The law gives this protection to the
there is no right to demand it, and it was unduly payer to ensure full recovery of what was unduly
delivered through mistake, the obligation to delivered.")
return it arises. (1895) ​
​ Article 2158. When the property delivered or
("This article introduces solutio indebiti, which money paid belongs to a third person, the payee
happens when a person receives something shall comply with the provisions of article 1984.
that was not due, and the delivery was made by (n)​
mistake. In such cases, the law creates an
obligation to return what was unduly delivered. ("This article means that if what was mistakenly
For example, if I mistakenly pay you ₱1,000 delivered or paid does not actually belong to the
thinking I owe you, but in fact I don’t, you are payer but to a third person, the payee must
legally obliged to return it.")​ follow the rules under Article 1984, which states
​ that anyone who receives something for
Article 2155. Payment by reason of a mistake safekeeping is bound to return it to its rightful
in the construction or application of a doubtful or owner. In short, the payee must return the
difficult question of law may come within the property or money not to the mistaken payer,
scope of the preceding article. (n)​ but to the true owner.")​
​ ​
("This article expands solutio indebiti to Article 2159. Whoever in bad faith accepts an
include payments made because of a mistake in undue payment, shall pay legal interest if a sum
interpreting or applying a doubtful or difficult of money is involved, or shall be liable for fruits
question of law. In such cases, even if the received or which should have been received if
mistake concerns the law and not the facts, the the thing produces fruits.
one who received the undue payment must ​
return it. For example, if I mistakenly pay a tax He shall furthermore be answerable for any loss
that the law does not actually require, I may or impairment of the thing from any cause, and
recover it under solutio indebiti.") for damages to the person who delivered the
​ thing, until it is recovered. (1896a)​
Article 2156. If the payer was in doubt whether ​
the debt was due, he may recover if he proves ("This article explains that if someone accepts
that it was not due. (n)​ an undue payment in bad faith, the law
​ penalizes him with additional liabilities. If it was
("This article means that even if the payer was money, he must return it with legal interest. If it
uncertain or doubtful about whether the debt was a thing that produces fruits, he must also
really existed, he can still recover what he paid return the fruits he actually received or should
— but only if he is able to prove that the debt have received. He is further liable for any loss or
was not actually due. In other words, payment impairment of the thing, regardless of the cause,
made under doubt is not automatically final; and must also pay damages to the person who
recovery is possible once it is shown that no delivered it, until the item is fully returned. In
obligation existed.") short, bad faith makes the payee liable not only
​ for the thing or money, but also for interests,
Article 2157. The responsibility of two or more fruits, losses, and damages.")
payees, when there has been payment of what ​
is not due, is solidary. (n)​ Article 2160. He who in good faith accepts an
​ undue payment of a thing certain and
("This article provides that if two or more determinate shall only be responsible for the
persons received something that was not due, impairment or loss of the same or its
their liability to return it is solidary. This means accessories and accessions insofar as he has
thereby been benefited. If he has alienated it, he ​
shall return the price or assign the action to Article 2163. It is presumed that there was a
collect the sum. (1897) mistake in the payment if something which had
​ never been due or had already been paid was
("This article explains the effect of good faith in delivered; but he from whom the return is
solutio indebiti. If a person innocently accepts claimed may prove that the delivery was made
something not due, he is liable only to the extent out of liberality or for any other just cause.
that he benefited from it. For example, if the (1901)
thing deteriorated or was lost, he is responsible
only for the value or benefit he gained. If he ("This article establishes a presumption in
already sold the thing, he must either return the solutio indebiti: when something is delivered
selling price he received or transfer his right to even though it was never due, or it had already
collect the price from the buyer. In short, liability been paid, the law presumes it was given by
in good faith is limited, unlike in bad faith where mistake. Therefore, the recipient must return it.
liability is total.") However, the recipient may defend himself by
proving that the delivery was not a mistake but
Article 2161. As regards the reimbursement for was done out of generosity, liberality, or another
improvements and expenses incurred by him valid reason. In short, the burden shifts to the
who unduly received the thing, the provisions of recipient to show there was no mistake.")
Title V of Book II shall govern. (1898)​
​
("This article means that if the person who
received the thing unduly spent for
improvements or expenses on it, the rules under
Title V of Book II on possession will apply. In
short, the rights and obligations of possessors
regarding reimbursement for expenses will
determine what he may recover.")
​
Article 2162. He shall be exempt from the
obligation to restore who, believing in good faith
that the payment was being made of a
legitimate and subsisting claim, destroyed the
document, or allowed the action to prescribe, or
gave up the pledges, or cancelled the
guaranties for his right. He who paid unduly may
proceed only against the true debtor or the
guarantors with regard to whom the action is still
effective. (1899) ​
​
("This article provides an exception to solutio
indebiti. If the payee, in good faith, thought the
payment was valid and, relying on it, destroyed
documents, let the action prescribe, released
pledges, or cancelled guaranties, then he is no
longer obliged to return the payment. In this
case, the person who paid by mistake can only
recover from the true debtor or the guarantors,
as long as the action against them is still
effective.")
SECTION 3 That third party then has the right to be
Other Quasi-Contracts * reimbursed by the person who originally had the
legal obligation. The rule also specifically covers
Article 2164. When, without the knowledge of situations where a parent unjustly refuses to
the person obliged to give support, it is given by support a child under eighteen. This ensures
a stranger, the latter shall have a right to claim that the duty of support is not evaded, and that
the same from the former, unless it appears that fairness is preserved.")
he gave it out of piety and without intention of
being repaid. (1894a) Article 2167. When through an accident or
other cause a person is injured or becomes
("This article means that if a stranger gives seriously ill, and he is treated or helped while he
support on behalf of someone who is legally is not in a condition to give consent to a
obliged to provide it, the stranger may demand contract, he shall be liable to pay for the
reimbursement. However, if it is proven that he services of the physician or other person aiding
gave the support purely out of charity or piety, him, unless the service has been rendered out
and without expecting repayment, then he of pure generosity.
cannot claim reimbursement. The law prevents
unjust enrichment while still respecting voluntary ("This article means that if someone is injured or
acts of generosity.") becomes seriously ill and cannot give consent
— for example, he is unconscious or incapable
Article 2165. When funeral expenses are borne of contracting — the law still obliges him to pay
by a third person, without the knowledge of for the medical or other services he received.
those relatives who were obliged to give support The only exception is when the service was
to the deceased, said relatives shall reimburse given out of pure generosity, without expectation
the third person, should the latter claim of payment. In short, the law recognizes fairness
reimbursement. (1894a) by requiring compensation for necessary
services, while respecting acts of charity.")
("This article applies the same principle to ​
funeral expenses. If a third person shoulders the Article 2168. When during a fire, flood, storm,
funeral expenses of the deceased without or other calamity, property is saved from
informing the relatives who are legally obliged to destruction by another person without the
provide support, those relatives must reimburse knowledge of the owner, the latter is bound to
the third person if he demands it. Again, the law pay the former just compensation.
ensures fairness by placing the burden where it
legally belongs.") ("This article means that if, during a calamity like
​ a fire, flood, or storm, someone saves another
Article 2166. When the person obliged to person’s property without the owner’s
support an orphan, or an insane or other knowledge, the owner must pay that person just
indigent person unjustly refuses to give support compensation. The law recognizes the benefit
to the latter, any third person may furnish received and prevents unjust enrichment, while
support to the needy individual, with right of at the same time rewarding the effort and
reimbursement from the person obliged to give expenses of the one who helped preserve the
support. The provisions of this article apply property.")
when the father or mother of a child under
eighteen years of age unjustly refuses to Article 2169. When the government, upon the
support him. failure of any person to comply with health or
safety regulations concerning property,
("This article means that if a person who is undertakes to do the necessary work, even over
legally bound to provide support — for example, his objection, he shall be liable to pay the
to an orphan, an insane, or an indigent person expenses.
— unjustly refuses to do so, then a third party
may step in and provide the needed support.
("This article means that if a property owner fails rights of the former are governed by articles
to comply with health or safety regulations, and 1236 and 1237.
the government steps in to perform the
necessary work — even if the owner objects — ("This article points us to Articles 1236 and
the owner must pay the expenses. The law 1237, which state the rules when someone pays
ensures that public health and safety are another’s debt without the debtor’s knowledge.
protected, while preventing the property owner The third person may only recover insofar as the
from escaping liability for costs that were his payment was beneficial to the debtor, and he
responsibility.") cannot compel subrogation into the creditor’s
​ rights without the debtor’s consent. In short,
Article 2170. When by accident or other repayment is limited and depends on the benefit
fortuitous event, movables separately pertaining received by the debtor.")
to two or more persons are commingled or ​
confused, the rules on co-ownership shall be Article 2174. When in a small community a
applicable. majority of the inhabitants of age decide upon a
measure for protection against lawlessness, fire,
("This article means that if movable properties of flood, storm or other calamity, any one who
different owners accidentally get mixed up or objects to the plan and refuses to contribute to
confused due to a fortuitous event — like a flood the expenses but is benefited by the project as
or accident — the situation will be governed by executed shall be liable to pay his share of said
the rules on co-ownership. In short, each owner expenses.
becomes a co-owner of the resulting mixture in
proportion to his share.") ("This article means that if a community agrees
​ on a protective measure, like building a dike
Article 2171. The rights and obligations of the against floods or organizing security, and
finder of lost personal property shall be someone refuses to contribute but still benefits
governed by articles 719 and 720. from it, he must still pay his share. The law
prevents unjust enrichment by ensuring that
("This article refers us to Articles 719 and 720 of everyone who benefits also shoulders the
the Civil Code, which provide the rules on lost burden.")
property. Generally, the finder must return the ​
item to its owner; if the owner is unknown, the Article 2175. Any person who is constrained to
finder must deliver it to the mayor of the town, pay the taxes of another shall be entitled to
who will announce the finding. The finder may reimbursement from the latter.
be entitled to a reward if the owner claims the
property.") ("This article means that if someone is forced to
​ pay the taxes of another person, the taxpayer
Article 2172. The right of every possessor in remains liable to reimburse him. The law
good faith to reimbursement for necessary and recognizes the fairness of returning the burden
useful expenses is governed by article 546. to the one legally obliged to pay.")

("This article means that if a person possesses

property in good faith and spends for necessary
or useful expenses, his rights to reimbursement
are determined under Article 546. That article
states that a possessor in good faith has the
right to reimbursement for necessary expenses
and for useful expenses to the extent that they
increase the value of the property.")
​
Article 2173. When a third person, without the
knowledge of the debtor, pays the debt, the
 CHAPTER 2 family, unless the law or contract requires more;
Quasi-delicts and Article 1174 — that no one is liable for
fortuitous events unless the law or stipulation
Article 2176. Whoever by act or omission provides otherwise. In short, the same principles
causes damage to another, there being fault or of fault, diligence, and exceptions for fortuitous
negligence, is obliged to pay for the damage events govern quasi-delicts.")
done. Such fault or negligence, if there is no
pre-existing contractual relation between the Article 2179. When the plaintiff’s own
parties, is called a quasi-delict and is governed negligence was the immediate and proximate
by the provisions of this Chapter. (1902a)​ cause of his injury, he cannot recover damages.
​ But if his negligence was only contributory, the
("This article introduces the concept of immediate and proximate cause of the injury
quasi-delict or culpa aquiliana. It means that if being the defendant’s lack of due care, the
someone causes damage to another through plaintiff may recover damages, but the courts
fault or negligence, he is obliged to pay for the shall mitigate the damages to be awarded. (n)
injury. This applies only when there is no
pre-existing contract between the parties. For ("This article deals with the effect of the
example, if a driver negligently hits a pedestrian, plaintiff’s negligence in quasi-delicts. If the injury
the liability arises from quasi-delict, not contract. was caused solely by the plaintiff’s own
In short, quasi-delict is a source of obligation negligence — meaning it was the immediate
based purely on fault or negligence causing and proximate cause — he cannot claim
damage.") damages. However, if the plaintiff’s negligence
only contributed to the injury, while the
Article 2177. Responsibility for fault or defendant’s negligence was the main cause, the
negligence under the preceding article is entirely plaintiff may still recover damages, but the court
separate and distinct from the civil liability will reduce or mitigate the amount. In short, total
arising from negligence under the Penal Code. negligence bars recovery, while contributory
But the plaintiff cannot recover damages twice negligence reduces recovery.")
for the same act or omission of the
defendant.(n) Article 2180. The obligation imposed by article
2176 is demandable not only for one’s own acts
("This article explains that liability from a or omissions, but also for those of persons for
quasi-delict is different from the civil liability whom one is responsible.
that arises from a criminal act under the Penal
Code. In other words, the injured party can The father and, in case of his death or
choose to sue either under quasi-delict (Civil incapacity, the mother, are responsible for the
Code) or under civil liability from a crime (Penal damages caused by the minor children who live
Code). However, the plaintiff cannot recover in their company.
damages twice for the same wrongful act — he
must choose only one remedy. The law prevents Guardians are liable for damages caused by the
double recovery for the same injury.") minors or incapacitated persons who are under
their authority and live in their company.
Article 2178. The provisions of articles 1172 to
1174 are also applicable to a quasi-delict. (n) The owners and managers of an establishment
or enterprise are likewise responsible for
("This article means that the rules on liability for damages caused by their employees in the
negligence under Articles 1172 to 1174 of the service of the branches in which the latter are
Civil Code also apply to quasi-delicts. These employed or on the occasion of their functions.
provisions cover: Article 1172 — that liability
from negligence may only be demanded when Employers shall be liable for the damages
there is fault or negligence; Article 1173 — that caused by their employees and household
diligence required is that of a good father of a helpers acting within the scope of their assigned
tasks, even though the former are not engaged to recover from the one who actually caused the
in any business or industry. damage. In short, while the law holds the
responsible authority vicariously liable to protect
The State is responsible in like manner when it the injured party, fairness allows reimbursement
acts through a special agent; but not when the from the real wrongdoer.")
damage has been caused by the official to
whom the task done properly pertains, in which Article 2182. If the minor or insane person
case what is provided in article 2176 shall be causing damage has no parents or guardian,
applicable. the minor or insane person shall be answerable
with his own property in an action against him
Lastly, teachers or heads of establishments of where a guardian ad litem shall be appointed.
arts and trades shall be liable for damages (n)
caused by their pupils and students or
apprentices, so long as they remain in their ("This article provides a rule when a minor or
custody. insane person causes damage but has no
parents or guardian to answer for them. In such
The responsibility treated of in this article shall cases, the liability falls on the minor or insane
cease when the persons herein mentioned person himself, using his own property. Since
prove that they observed all the diligence of a they cannot represent themselves in court, a
good father of a family to prevent damage. guardian ad litem will be appointed to defend
(1903a) them in the action. This ensures that victims are
compensated, while still protecting the rights of
("This article establishes vicarious liability, the minor or insane person.")
meaning a person may be held responsible not
only for his own acts of negligence, but also for Article 2183. The possessor of an animal or
those committed by others under his authority, whoever may make use of the same is
custody, or control. Parents are liable for responsible for the damage which it may cause,
damages caused by their minor children living although it may escape or be lost. This
with them; guardians are liable for those under responsibility shall cease only in case the
their care; employers and business owners are damage should come from force majeure or
liable for acts of employees done in the course from the fault of the person who has suffered
of their work; even the State is liable when it damage. (1905)
acts through a special agent; and teachers or
heads of schools/training institutions are liable ("This article establishes liability for damages
for their students or apprentices while under caused by animals. The possessor or user of an
custody. However, this responsibility is not animal is responsible for any harm it causes,
absolute — it can be avoided if the person even if the animal escapes or gets lost. The only
proves that he exercised the diligence of a good exceptions are when the damage is due to
father of a family to prevent the damage. In force majeure (an unforeseeable and
short, liability extends to those who have unavoidable event) or due to the fault of the
authority over others, unless they show due injured party himself. In short, the law imposes
diligence.") strict liability on animal possessors, unless the
harm was caused by extraordinary events or the
Article 2181. Whoever pays for the damage victim’s own negligence.")
caused by his dependents or employees may
recover from the latter what he has paid or Article 2184. In motor vehicle mishaps, the
delivered in satisfaction of the claim. (1904) owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have, by
("This article means that if a parent, guardian, the use of the due diligence, prevented the
employer, or other person held liable under misfortune. It is disputably presumed that a
Article 2180 pays damages for the wrongful act driver was negligent, if he had been found guilty
of his dependent or employee, he has the right of reckless driving or violating traffic regulations
at least twice within the next preceding two government-controlled corporation or office. The
months. purpose of the bond is to ensure that funds are
available to compensate third persons who may
If the owner was not in the motor vehicle, the be injured or damaged due to the use of the
provisions of article 2180 are applicable. (n) vehicle. The amount and conditions of the bond
are determined by the proper authority. In short,
("This article explains liability in motor vehicle it is a legal safeguard to protect the public by
accidents. If the owner is present in the vehicle guaranteeing compensation in case of motor
and could have prevented the accident through vehicle accidents.")
due diligence, he becomes solidarily liable with
the driver. The law also creates a presumption Article 2187. Manufacturers and processors of
of negligence against the driver if he was foodstuffs, drinks, toilet articles and similar
previously convicted of reckless driving or traffic goods shall be liable for death or injuries caused
violations at least twice within the last two by any noxious or harmful substances used,
months. If the owner was not in the vehicle at although no contractual relation exists between
the time of the mishap, then the general rule them and the consumers. (n)
under Article 2180 applies — that employers or
owners are liable for the negligence of their ("This article establishes product liability. It
employees or drivers, provided it happened means that manufacturers and processors of
within the scope of their tasks. In short, the law food, drinks, toilet articles, and similar consumer
holds both drivers and owners accountable to goods are liable if their products cause death or
protect the public.") injury because of harmful substances.
Importantly, this liability applies even without a
Article 2185. Unless there is proof to the contract between the producer and the
contrary, it is presumed that a person driving a consumer — for example, when a buyer
motor vehicle has been negligent if at the time purchases from a store and not directly from the
of the mishap, he was violating any traffic manufacturer. The law protects consumers by
regulation. (n) holding producers accountable for the safety
and quality of their goods.")
("This article establishes a legal presumption of
negligence in motor vehicle accidents. If a driver Article 2188. There is prima facie presumption
was violating any traffic regulation at the time of of negligence on the part of the defendant if the
the mishap — for example, overspeeding, death or injury results from his possession of
beating the red light, or driving without a license dangerous weapons or substances, such as
— the law presumes he was negligent. firearms and poison, except when the
However, this presumption is rebuttable, possession or use thereof is indispensable in his
meaning the driver may present proof to show occupation or business. (n)
that the violation was not the cause of the
accident. In short, traffic violations shift the ("This article creates a prima facie
burden on the driver to prove he was not presumption of negligence when death or
negligent.") injury is caused by dangerous items like
firearms, explosives, or poison. This means the
Article 2186. Every owner of a motor vehicle law automatically assumes negligence on the
shall file with the proper government office a part of the person possessing them, unless he
bond executed by a government- controlled can prove otherwise. The only exception is
corporation or office, to answer for damages to when the possession or use of such dangerous
third persons. The amount of the bond and other substances is necessary for his lawful
terms shall be fixed by the competent public occupation or business (for example, a police
official. (n) officer with a service firearm or a chemist
handling chemicals). In short, the burden of
("This article requires all motor vehicle owners proof shifts to the possessor to show he was not
to file a bond with the government, issued by a negligent.")
 (4) By emanations from tubes, canals, sewers or
Article 2189. Provinces, cities and deposits of infectious matter, constructed
municipalities shall be liable for damages for the without precautions suitable to the place. (1908)
death of, or injuries suffered by, any person by
reason of the defective condition of roads, ("This article lists specific instances where
streets, bridges, public buildings, and other property owners are liable for damages. They
public works under their control or supervision. are responsible for accidents due to poor
(n) maintenance of machinery, unsafe storage of
explosives, harmful smoke emissions, falling
("This article establishes the liability of local trees near public ways (unless due to force
government units (provinces, cities, majeure), and harmful substances or waste
municipalities) for deaths or injuries caused by coming from sewers, canals, or deposits built
the defective condition of public infrastructures without proper safeguards. In short, the law
like roads, bridges, or buildings under their obliges proprietors to exercise care in
supervision. It means that government units maintaining property and installations so they do
have a duty to maintain these facilities in safe not endanger others.")
condition, and when they fail, they can be held
responsible for resulting damage or injury. In Article 2192. If damage referred to in the two
short, public safety is a direct responsibility of preceding articles should be the result of any
the local government.") defect in the construction mentioned in article
1723, the third person suffering damages may
Article 2190. The proprietor of a building or proceed only against the engineer or architect or
structure is responsible for the damages contractor in accordance with said article, within
resulting from its total or partial collapse, if it the period therein fixed. (1909)
should be due to the lack of necessary repairs.
(1907) ("This article clarifies liability when the damage
under Articles 2190 and 2191 is due not to lack
("This article means that a building owner is of repairs or maintenance, but to a defect in the
liable for damages if his building or structure construction of the building or structure. In such
collapses, in whole or in part, due to lack of cases, the person harmed cannot sue the
necessary repairs. The law imposes on building owner, but must proceed against the
proprietors the duty to properly maintain their engineer, architect, or contractor responsible for
property to prevent accidents. If they neglect the defective construction, following the rules
this responsibility, they must answer for the and prescriptive period set in Article 1723. In
harm caused. In short, poor maintenance that short, the law distinguishes between liability for
leads to collapse makes the owner directly lack of repair (owner’s fault) and liability for
liable.") construction defects (builder’s fault).")

Article 2191. Proprietors shall also be Article 2193. The head of a family that lives in a
responsible for damages caused: building or a part thereof, is responsible for
damages caused by things thrown or falling
(1) By the explosion of machinery which has not from the same. (1910)
been taken care of with due diligence, and the
inflammation of explosive substances which ("This article makes the head of a family liable
have not been kept in a safe and adequate for damages caused by objects thrown or
place; accidentally falling from the house or part of a
(2) By excessive smoke, which may be harmful building where the family resides. The rule is
to persons or property; based on public safety and the duty of
(3) By the falling of trees situated at or near household heads to supervise their family
highways or lanes, if not caused by force members and the condition of their residence. In
majeure; short, if something falls from your home and
injures someone or damages property, the law observed insofar as they are not in conflict with
holds the head of the family responsible.") this Code.

Article 2194. The responsibility of two or more (This means that the general rules on
persons who are liable for quasi-delict is damages provided in this Title must give way to
solidary. (n) special provisions that may be found
elsewhere in the Civil Code or in special laws.
(This means that when two or more people For example, compensation for employees who
cause damage through a quasi-delict — which suffer death, injury, or illness is governed by
is a wrongful or negligent act not arising from a labor laws like the Labor Code or the
contract — their liability is solidary. In simple Employees’ Compensation Law, not by the
terms, the injured party may demand the whole Civil Code. In other words, the Civil Code
amount of damages from any one of the applies only when there is no specific law
persons liable, not just a portion. This ensures governing the situation, and even when other
full compensation to the victim without the laws exist, they must be applied as long as they
burden of dividing liability first among the are not in conflict with the Civil Code.)
wrongdoers. Later on, the one who paid may
seek reimbursement from the others for their Article 2197. Damages may be:
respective shares.)
(1) Actual or compensatory;
Legal Resource Library. (n.d.). Title XVII: (2) Moral;
Extra-curricular obligations (Book IV, Civil (3) Nominal;
Code). Legal Resource Library. (4) Temperate or moderate;
[Link] (5) Liquidated; or
ricular-obligations-book-iv-civil-code/ (6) Exemplary or corrective.

(This article lists the different kinds of

TITLE XVIII damages that a person may claim in court.
DAMAGES First, actual or compensatory damages are
CHAPTER 1 those meant to cover the real loss suffered.
General Provisions Second, moral damages are awarded for mental
anguish, emotional suffering, or injury to
Article 2195. The provisions of this Title shall be reputation. Third, nominal damages are
respectively applicable to all obligations symbolic amounts granted to recognize a
mentioned in article 1157.​ violation of rights even without actual loss.
​ Fourth, temperate or moderate damages are
(This means that the rules on damages apply to awarded when actual loss occurred but its exact
all kinds of obligations listed in Article 1157, amount cannot be proven. Fifth, liquidated
which are: law, contracts, quasi-contracts, damages are those agreed upon in advance by
delicts or crimes, and quasi-delicts. In short, the parties in a contract. Lastly, exemplary or
whenever damages are claimed due to a breach corrective damages are given by way of
or violation of any of these obligations, the rules example or punishment to deter others from
under this Title will govern.) committing similar acts.)

Article 2196. The rules under this Title are Article 2198. The principles of the general law
without prejudice to special provisions on on damages are hereby adopted insofar as they
damages formulated elsewhere in this Code. are not inconsistent with this Code.
Compensation for workmen and other
employees in case of death, injury or illness is (This means that aside from the provisions of
regulated by special laws. Rules governing the Civil Code, the courts may also apply the
damages laid down in other laws shall be general principles of law on damages from
other legal sources, such as jurisprudence and
recognized doctrines. However, these principles
can only be used if they are not inconsistent Article 2201. In contracts and quasi-contracts,
with what is written in the Civil Code. In short, the damages for which the obligor who acted in
the Civil Code remains the primary authority, but good faith is liable shall be those that are the
other general legal rules on damages may natural and probable consequences of the
supplement it when needed.) breach of the obligation, and which the parties
have foreseen or could have reasonably
CHAPTER 2 foreseen at the time the obligation was
Actual or Compensatory Damages constituted.

Article 2199. Except as provided by law or by In case of fraud, bad faith, malice or wanton
stipulation, one is entitled to an adequate attitude, the obligor shall be responsible for all
compensation only for such pecuniary loss damages which may be reasonably attributed to
suffered by him as he has duly proved. Such the non-performance of the obligation. (1107a)
compensation is referred to as actual or
compensatory damages.​ (This means that the liability for damages
depends on the conduct of the obligor. If the
(This means that a person may only recover obligor acted in good faith — meaning without
actual or compensatory damages if he can malice or intent to defraud — he is only liable for
prove with evidence the pecuniary or monetary damages that are the natural, probable, and
loss he suffered. Courts will not award foreseeable consequences of the breach of
speculative damages; the loss must be real and obligation. However, if the obligor acted with
duly proven. For example, if a person’s car is fraud, bad faith, malice, or wanton attitude,
damaged in an accident due to another’s then he becomes liable for all damages that
negligence, he can claim compensation for the may reasonably result from the
actual repair costs — but he must present non-performance, even if such damages were
receipts or estimates as proof.) not foreseen at the time the obligation was
created.)
Article 2200. Indemnification for damages shall
comprehend not only the value of the loss Examples:
suffered, but also that of the profits which the
●​ Good faith: A supplier fails to deliver
obligee failed to obtain. (1106)​
goods on time because of unavoidable
​
shipping delays. He will only be liable for
(This means that when damages are awarded,
the foreseeable damages, such as the
they cover two things: first, the actual loss
buyer’s additional expenses in sourcing
suffered by the injured party, called damnum
from another supplier.​
emergens; and second, the profits or benefits
that the injured party failed to obtain, called
●​ Bad faith or fraud: If the supplier
lucrum cessans. In other words, compensation
intentionally diverts the goods to another
is not limited to what was lost, but also includes
buyer for a higher price, knowing he will
what could have been earned if the wrongful act
breach the contract, he will be liable not
did not occur.)
only for the buyer’s additional costs but
Example: If a taxi operator’s car is recklessly hit also for other damages, like lost profits
and destroyed by another driver, the operator from resale or penalties the buyer had to
may claim not only the cost of repair or pay to third parties.
replacement of the taxi (loss suffered) but also
Article 2202. In crimes and quasi-delicts, the
the income he would have earned during the
defendant shall be liable for all damages which
period the taxi was out of service (profits not
are the natural and probable consequences of
obtained).
the act or omission complained of. It is not
necessary that such damages have been
foreseen or could have reasonably been should have taken reasonable steps to
foreseen by the defendant. reduce the loss.​

(This means that in cases of crimes and ●​ Similarly, if someone is injured in an

quasi-delicts — wrongful acts or negligence accident, he must seek timely medical
not arising from a contract — the offender is treatment. If he neglects medical care
liable for all damages that naturally and and his condition worsens, he cannot
probably result from his act or omission. Unlike charge the wrongdoer for the aggravated
in contracts, the law does not require that the damages.
damages must have been foreseen or could
have been foreseen. The reason is that a Article 2204. In crimes, the damages to be
person who commits a crime or negligent act adjudicated may be respectively increased or
must bear full responsibility for its lessened according to the aggravating or
consequences, whether or not he anticipated mitigating circumstances.
them.)
(This means that when awarding damages in
Example: criminal cases, the court may consider the
aggravating or mitigating circumstances
●​ If a reckless driver hits a pedestrian, he present in the commission of the crime. If there
is liable not only for the victim’s hospital are aggravating circumstances — such as
bills (loss suffered) but also for lost cruelty, abuse of confidence, or nighttime
income if the victim cannot work during commission — the damages may be increased.
recovery, and even for future medical On the other hand, if there are mitigating
expenses if the injury has lasting effects. circumstances — such as voluntary surrender,
It does not matter if the driver did not lack of intent to commit so grave a wrong, or
foresee all these consequences — he is minority of the offender — the damages may be
still responsible. reduced. This ensures that the civil liability
corresponds not only to the loss suffered by the
Article 2203. The party suffering loss or injury victim but also to the degree of blameworthiness
must exercise the diligence of a good father of a of the offender.)
family to minimize the damages resulting from
the act or omission in question. Example:

●​ If a thief steals money but does so with

(This means that the injured party also has a abuse of confidence (for example, a
duty to mitigate damages. He must act with the cashier stealing from the employer), the
diligence of a good father of a family — or what damages awarded may be increased.​
we now call the standard of a reasonable and
prudent person — to prevent the situation from ●​ If the same thief later voluntarily
getting worse. If the injured party neglects this surrenders and returns part of the
duty and allows the damages to increase stolen money, the damages may be
unnecessarily, the additional losses may not be lessened in consideration of this
charged to the wrongdoer.) mitigating act.

Example: Article 2205. Damages may be recovered:

●​ If a landlord wrongfully cuts off water (1) For loss or impairment of earning capacity in
supply to a tenant, and the tenant cases of temporary or permanent personal
refuses to find a temporary alternative injury;
(like buying water nearby) and instead (2) For injury to the plaintiff’s business standing
lets his business operations stop or commercial credit.
completely, the tenant cannot claim
excessive damages for lost profits. He
(This article identifies specific instances where intestate succession, may demand support from
damages may be awarded. First, a person who the person causing the death, for a period not
suffers temporary or permanent personal exceeding five years, the exact duration to be
injury may recover damages for the loss or fixed by the court;
impairment of earning capacity. This means if
the injury affects the person’s ability to work or (3) The spouse, legitimate and illegitimate
earn income, he can claim compensation for the descendants and ascendants of the deceased
income lost during recovery, or even for future may demand moral damages for mental anguish
earnings if the disability is permanent. Second, by reason of the death of the deceased.
damages may also be claimed when there is an
injury to business reputation or credit (This provision deals with damages arising
standing. This protects individuals and from death caused by a crime or quasi-delict.
businesses from acts that unjustly damage their First, the law sets a minimum indemnity of
commercial reputation or financial credibility.) ₱3,000 (note: this amount has since been
updated in jurisprudence, but under the Civil
Examples: Code this was the baseline), even if mitigating
circumstances exist. Second, the loss of
1.​ Loss or impairment of earning capacity: earning capacity of the deceased must be
If a factory worker loses a hand in an compensated to the heirs, unless the deceased
accident caused by another’s had no earning capacity due to prior permanent
negligence, he may claim damages not disability. Third, if the deceased was legally
only for medical expenses but also for bound to give support to someone (for
the reduction in his capacity to earn example, an illegitimate child not called to
wages.​ inherit), that recipient may demand support from
the wrongdoer for up to five years, as
2.​ Injury to business standing or credit: If a determined by the court. Finally, the spouse,
bank wrongfully dishonors a descendants, and ascendants of the
businessman’s check despite sufficient deceased may claim moral damages for the
funds, the businessman may recover sorrow and mental anguish suffered due to the
damages for the injury to his death.)
commercial reputation and loss of
trust among clients and partners. Examples:

Article 2206. The amount of damages for death 1.​ Minimum indemnity: If a person is killed
caused by a crime or quasi-delict shall be at in a car accident caused by reckless
least three thousand pesos, even though there driving, the driver must pay at least
may have been mitigating circumstances. In ₱3,000 to the heirs of the deceased,
addition: aside from other damages.​

(1) The defendant shall be liable for the loss of 2.​ Loss of earning capacity: If a
the earning capacity of the deceased, and the breadwinner earning ₱20,000 per month
indemnity shall be paid to the heirs of the latter; dies, the heirs may claim compensation
such indemnity shall in every case be assessed for the income the deceased would have
and awarded by the court, unless the deceased earned, computed based on his life
on account of permanent physical disability not expectancy and working years left.​
caused by the defendant, had no earning
capacity at the time of his death; 3.​ Support for non-heirs: If the deceased
was legally obliged to support his
(2) If the deceased was obliged to give support illegitimate child, the wrongdoer may be
according to the provisions of article 291, the ordered to provide support to the child
recipient who is not an heir called to the for up to five years.​
decedent’s inheritance by the law of testate or
 4.​ Moral damages: The spouse, parents, acquires the right to go after the
and children of the deceased may wrongdoer for the amount it paid.
recover damages for the emotional
suffering and grief they endured due to Article 2208. In the absence of stipulation,
the wrongful death. attorney’s fees and expenses of litigation, other
than judicial costs, cannot be recovered, except:
Article 2207. If the plaintiff’s property has been (1) When exemplary damages are awarded;
insured, and he has received indemnity from the
insurance company for the injury or loss arising (2) When the defendant’s act or omission has
out of the wrong or breach of contract compelled the plaintiff to litigate with third
complained of, the insurance company shall be persons or to incur expenses to protect his
subrogated to the rights of the insured against interest;
the wrongdoer or the person who has violated
the contract. If the amount paid by the insurance (3) In criminal cases of malicious prosecution
company does not fully cover the injury or loss, against the plaintiff;
the aggrieved party shall be entitled to recover
the deficiency from the person causing the loss (4) In case of a clearly unfounded civil action or
or injury. proceeding against the plaintiff;

(This article applies the principle of subrogation (5) Where the defendant acted in gross and
in insurance law. When an insured person evident bad faith in refusing to satisfy the
suffers loss and is indemnified by the insurance plaintiff’s plainly valid, just and demandable
company, the insurer is subrogated — or claim;
substituted — to the rights of the insured against
the wrongdoer. This prevents the insured from (6) In actions for legal support;
being compensated twice for the same loss.
However, if the indemnity paid by the insurance (7) In actions for the recovery of wages of
company does not fully cover the damage, the household helpers, laborers and skilled workers;
insured can still recover the deficiency directly
from the wrongdoer.) (8) In actions for indemnity under workmen’s
compensation and employer’s liability laws;
Examples:
(9) In a separate civil action to recover civil
1.​ Subrogation: If a car worth ₱500,000 is
liability arising from a crime;
damaged in an accident due to another
driver’s negligence, and the insurance
(10) When at least double judicial costs are
company pays the insured ₱400,000, the
awarded;
insurance company may now sue the
negligent driver to recover that
(11) In any other case where the court deems it
₱400,000.​
just and equitable that attorney’s fees and
expenses of litigation should be recovered.
2.​ Deficiency claim: Using the same
example, since the loss was ₱500,000
In all cases, the attorney’s fees and expenses of
and the insurance company only paid
litigation must be reasonable.
₱400,000, the insured (plaintiff) may still
sue the negligent driver for the remaining (The general rule is that attorney’s fees and
₱100,000.​ litigation expenses cannot be recovered unless
there is a stipulation in the contract. However,
3.​ No double recovery: The insured cannot this article provides exceptions where
collect ₱500,000 both from the insurer attorney’s fees may be awarded even without
and the negligent driver. Once such agreement. These include cases involving
indemnified by the insurer, the insurer exemplary damages, bad faith, malicious
prosecution, labor disputes, support, and other the ₱100,000 plus 6% annual legal
situations where fairness demands it. interest from the date of delay until full
Importantly, the court has discretion to payment.​
determine when attorney’s fees should be
granted, but whatever amount is awarded must ●​ If the contract stipulated 10% interest
always be reasonable.) per year, then A must pay that agreed
rate instead of the 6% legal interest.
Examples:
Article 2210. Interest may, in the discretion of
1.​ Exemplary damages: If a debtor commits the court, be allowed upon damages awarded
fraud and exemplary damages are for breach of contract.
awarded, the court may also grant
attorney’s fees.​ (This means that when there is a breach of
contract and the court awards damages, the
2.​ Gross bad faith: If a debtor refuses to judge has the discretion to impose interest on
pay a debt that is clearly valid and those damages. It is not automatic — the court
demandable, forcing the creditor to go to will consider fairness, circumstances of the
court, the debtor may be ordered to pay case, and whether interest is necessary to fully
attorney’s fees.​ compensate the injured party. This prevents
unjust enrichment of the debtor and ensures
3.​ Wages: A household helper sues her that the creditor is made whole.)
employer for unpaid wages; if she wins,
she may also recover attorney’s fees.​ Example:

4.​ Just and equitable: If a party drags ●​ If a contractor fails to finish building a
another into a baseless lawsuit just to house and the owner spends ₱300,000
harass them, the court may award to hire another contractor, the court may
attorney’s fees as a matter of fairness. award that amount as damages. In its
discretion, the court may also add legal
Article 2209. If the obligation consists in the interest from the time of breach or from
payment of a sum of money, and the debtor the filing of the case, to compensate the
incurs in delay, the indemnity for damages, owner for the loss of use of his money.
there being no stipulation to the contrary, shall
be the payment of the interest agreed upon, and Article 2211. In crimes and quasi-delicts,
in the absence of stipulation, the legal interest, interest as a part of the damages may, in a
which is six per cent per annum. (1108) proper case, be adjudicated in the discretion of
the court.
(This article applies when the obligation is to
pay a sum of money. If the debtor is in delay or (This provision means that in cases involving
default, the damages are measured by interest. crimes or quasi-delicts — such as theft,
If the parties agreed on an interest rate, that rate reckless driving, or negligence — the court may
applies. If there is no stipulation, then the law award interest on the damages granted to the
provides a legal interest of 6% per annum as injured party. However, the granting of interest is
indemnity. Thus, delay in money obligations not automatic; it depends on the discretion of
results in the debtor paying principal + agreed the court and whether the circumstances justify
interest (or legal interest if none is agreed such an award. This ensures fairness and full
upon).) compensation for the victim who has been
deprived of money or property due to the
Example: wrongful act.)

●​ If A owes B ₱100,000 payable on

January 1 but fails to pay, and there was
no agreement on interest, A must pay
Example: (This means that if the claim for damages is still
uncertain in amount or cannot yet be
●​ If a person commits reckless driving and determined — such as claims for pain and
causes ₱500,000 worth of damage to suffering, moral damages, or speculative losses
another person’s car, the court may — then no interest can be charged on it. The
award that amount as damages. reason is that interest applies only to a definite,
Additionally, the court may also impose liquidated amount that the debtor already
legal interest on the damages (e.g., 6% owes. However, if the damages can be
per annum) from the time of filing the reasonably and definitely established, then
case, so the injured party is interest may be imposed starting from the time
compensated not only for the loss of the the amount becomes certain, often upon judicial
car’s value but also for the delay in determination.)
receiving payment.
Example:
Article 2212. Interest due shall earn legal
interest from the time it is judicially demanded, ●​ If Maria sues Juan for moral damages
although the obligation may be silent upon this because of defamation, the exact
point. (1109a) amount will depend on the court’s
discretion. Since this is unliquidated
(This provision means that when a debtor (not fixed or certain), no interest is
already owes interest on an obligation — such charged until the court finally sets the
as unpaid loan interest or unpaid contractual amount.​
interest — that interest itself begins to earn
additional legal interest once it is judicially ●​ But if the damages are for an unpaid
demanded in court. Even if the original contract purchase price of ₱50,000 (which is
did not say that unpaid interest will itself earn liquidated and certain), then interest may
interest, the law allows it once the creditor files a be imposed.
case. This rule prevents debtors from unfairly
delaying payment of interest obligations, In short: No interest on damages that are
because otherwise they would benefit from uncertain in amount, unless they can be
nonpayment.) computed with reasonable certainty.

Example: Article 2214. In quasi-delicts, the contributory

negligence of the plaintiff shall reduce the
●​ Suppose Juan borrowed ₱100,000 from damages that he may recover.
Pedro at 10% annual interest. Juan
failed to pay the interest for 2 years. (This means that when a person suffers damage
When Pedro sues Juan in court, the due to another’s fault or negligence — called a
unpaid interest (₱20,000) will itself earn quasi-delict — but the injured party himself
legal interest (6% per annum) starting also acted negligently and contributed to the
from the time Pedro filed the case. harm, then the damages awarded to him will be
reduced proportionately. The law recognizes
This is what we call “interest on interest” (or that both parties are at fault, so the plaintiff
anatocism), but it only applies when the unpaid cannot recover the full amount of damages;
interest is judicially demanded, not instead, the court will lessen the award
automatically. according to the degree of his own negligence.)

Article 2213. Interest cannot be recovered upon Example:

unliquidated claims or damages, except when
the demand can be established with reasonable ●​ If Pedro is hit by Juan’s car because
certainty. Juan was overspeeding, Juan is clearly
negligent. But if Pedro was jaywalking
at the time of the accident, he is also
 partly negligent. The court may award contract.​
damages to Pedro but reduce the
amount, since his own negligence 2.​ Plaintiff benefited – If X sues Y for a
contributed to the injury.​ defective machine, but X was still able to
use it profitably for 2 years, the damages
●​ Suppose Pedro’s damages are may be lessened because X already
₱100,000. If the court finds he was 40% derived benefit.​
at fault, then he may only recover
₱60,000 from Juan. 3.​ Exemplary damages & advice of counsel
– If a defendant acted based on legal
In short: The law applies the principle of fairness advice (e.g., filing a case that later
— damages in quasi-delicts are reduced if the turned out wrong), the court may reduce
plaintiff’s negligence helped cause the injury. exemplary damages since he did not act
with pure malice.​
Article 2215. In contracts, quasi-contracts, and
quasi-delicts, the court may equitably mitigate 4.​ Loss would have happened anyway – If
the damages under circumstances other than a storm would have destroyed the goods
the case referred to in the preceding article, as regardless of the breach, the damages
in the following instances: should be mitigated.​

(1) That the plaintiff himself has contravened the 5.​ Defendant lessened loss – If after being
terms of the contract; sued, the defendant repaired part of the
damage or paid partial compensation,
(2) That the plaintiff has derived some benefit as the damages may be reduced.
a result of the contract;
In short: Article 2215 gives courts flexibility to
(3) In cases where exemplary damages are to ensure damages are fair and equitable, not
be awarded, that the defendant acted upon the purely punitive.
advice of counsel;
CHAPTER 3
(4) That the loss would have resulted in any Other Kinds of Damages
event;
(5) That since the filing of the action, the Article 2216. No proof of pecuniary loss is
defendant has done his best to lessen the necessary in order that moral, nominal,
plaintiff’s loss or injury. temperate, liquidated or exemplary damages,
may be adjudicated. The assessment of such
(This provision gives the court the power to damages, except liquidated ones, is left to the
mitigate or reduce damages in certain discretion of the court, according to the
situations, even if the plaintiff suffered a loss. circumstances of each case.
The reason is fairness: damages should not be
excessive or unjust, especially if circumstances Explanation:
show that the plaintiff contributed to the situation
or benefited from it.) ●​ This article tells us that not all damages
require proof of actual monetary
Examples per instance: (pecuniary) loss.​

1.​ Plaintiff contravened the contract – If A ●​ Some damages exist to recognize a

agreed not to disclose trade secrets but right, punish wrongful acts, or
still disclosed some, and later sues B for compensate for non-monetary harm (like
late payment, the court may reduce A’s mental anguish, humiliation, or injury to
damages since he also violated the reputation).​
 ●​ The court has wide discretion in fixing court’s fair judgment—except liquidated
the amount of these damages (except damages, which are fixed by contract.
liquidated damages, which are
pre-agreed in a contract). SECTION 1
Moral Damages
Application per type of damages
Article 2217. Moral damages include physical
mentioned:
suffering, mental anguish, fright, serious anxiety,
1.​ Moral damages – awarded for mental besmirched reputation, wounded feelings, moral
anguish, wounded feelings, anxiety, shock, social humiliation, and similar injury.
social humiliation, etc. No need to prove Though incapable of pecuniary computation,
exact monetary loss (e.g., defamation moral damages may be recovered if they are
cases).​ the proximate result of the defendant’s wrongful
act for omission.
2.​ Nominal damages – awarded when a
right is violated but no actual loss is (Meaning)
proven. The amount is symbolic but -Moral damages are a kind of compensation for
recognizes the right.​ intangible injuries such as pain, distress, or
humiliation.​
3.​ Temperate damages – awarded when -They cannot be measured in money (no
loss is suffered but the exact amount receipts or exact amount can prove them), but
cannot be proven with certainty (e.g., the law recognizes them as real injuries that
loss of earning opportunity).​ deserve compensation.​
-To be recoverable, the injury must be the direct
4.​ Liquidated damages – pre-agreed and proximate result of the defendant’s
damages in a contract. Here, the court wrongful act or omission.
does not have discretion because the
amount is stipulated by the parties.​ Examples of Injuries Covered

5.​ Exemplary damages – imposed by way Physical suffering – pain due to injuries
of example or correction for the public caused by negligence (e.g., car accident).​
good (to deter others from similar Mental anguish / serious anxiety – constant
conduct). worry or stress from breach of contract,
separation, or wrongful acts.​
Example: Fright / moral shock – trauma after witnessing
or experiencing a tragic event.​
●​ If a newspaper publishes a false story Besmirched reputation – damage to one’s
damaging X’s reputation:​ good name due to defamation or false
accusations.​
○​ X does not need to show exact Wounded feelings / social humiliation – being
financial loss.​ unjustly insulted or embarrassed in public.

○​ The court may award moral Key Points

damages (for humiliation), No exact money value – the amount is left to
exemplary damages (to punish the court’s discretion.​
the newspaper), and maybe Not automatic – the plaintiff must prove that the
nominal damages (to vindicate suffering resulted from the defendant’s wrongful
X’s rights). act.​
Purpose – to ease the victim’s suffering, not to
Key point: Damages under this article are not enrich them.
based on exact monetary proof, but on the
In short: Article 2217 allows recovery of moral damages may be awarded. Moral damages
damages to compensate for emotional, compensate for emotional suffering, mental
psychological, and reputational harm caused anguish, wounded feelings, and humiliation
by another’s wrongful act or omission, even if no caused by wrongful acts.
financial loss is shown.)
●​ Cases include physical injuries, crimes
Article 2218. In the adjudication of moral against chastity (like rape or
damages, the sentimental value of property, real seduction), defamation (libel or
or personal, may be considered. slander), malicious prosecution,
illegal detention, and similar acts.​
(“This article allows the court to consider the
sentimental value of a property when awarding ●​ It also allows family members (such as
moral damages. Some properties may not be parents, spouse, descendants,
valuable in money terms but carry deep ascendants, or siblings) to recover moral
emotional or personal worth to the owner.”) damages in certain cases, especially
where the victim suffered sexual abuse
Example:​ or was defamed under Article 309.
If someone destroys a family heirloom,
wedding ring, or photo album, the court may Example:​
grant moral damages considering its If a woman is illegally detained or raped, she
sentimental importance, not just its market can claim moral damages for the emotional
price.) trauma. Likewise, her parents may also recover
moral damages if she was seduced or raped,
Article 2219. Moral damages may be recovered and siblings or ascendants may recover if
in the following and analogous cases: defamatory acts under Article 309 affected the
victim.)
(1) A criminal offense resulting in physical
injuries; Article 2220. Willful injury to property may be a
(2) Quasi-delicts causing physical injuries; legal ground for awarding moral damages if the
(3) Seduction, abduction, rape, or other court should find that, under the circumstances,
lascivious acts; such damages are justly due. The same rule
(4) Adultery or concubinage; applies to breaches of contract where the
(5) Illegal or arbitrary detention or arrest; defendant acted fraudulently or in bad faith.
(6) Illegal search;
(7) Libel, slander or any other form of (“This means that moral damages are not
defamation; limited to physical or emotional injuries to a
(8) Malicious prosecution; person, but may also be granted when there is
(9) Acts mentioned in article 309; intentional damage to property. The reason is
(10) Acts and actions referred to in articles 21, that property damage, if done willfully, can still
26, 27, 28, 29, 30, 32, 34, and 35. cause mental anguish, embarrassment, or
distress to the owner.
The parents of the female seduced, abducted,
raped, or abused, referred to in No. 3 of this Also, in contracts, moral damages are not
article, may also recover moral damages. automatically given just because there is a
breach. They are only recoverable if the breach
The spouse, descendants, ascendants, and was done with fraud—meaning deceit—or with
brothers and sisters may bring the action bad faith, like dishonesty or malice.
mentioned in No. 9 of this article, in the order
named. Example po: If someone deliberately destroys
another’s car out of revenge, aside from actual
(Explanation:​ damages, moral damages can also be awarded.
This article lists the instances when moral Similarly, if a debtor refuses to pay and also acts
in bad faith by harassing or deceiving the still claim nominal damages to vindicate their
creditor, moral damages may be justified.”) contractual right.

SECTION 2 Article 2223. The adjudication of nominal

Nominal Damages damages shall preclude further contest upon the
right involved and all accessory questions, as
Article 2221. Nominal damages are adjudicated between the parties to the suit, or their
in order that a right of the plaintiff, which has respective heirs and assigns.
been violated or invaded by the defendant, may
be vindicated or recognized, and not for the (“This means that once the court grants nominal
purpose of indemnifying the plaintiff for any loss damages, it serves as a final recognition of the
suffered by him. violated right. The parties can no longer reopen
or contest the same issue or any related matters
(“Nominal damages are not about concerning that right. It settles the dispute
compensation for actual loss, but rather about conclusively, not just for the parties directly
recognition of a right that was violated. Even involved but also for their heirs or successors.”)
if the plaintiff did not suffer any measurable
damage, the court may still award nominal Example 1: If a property owner sues a neighbor
damages to show that the defendant’s act was for trespassing and is awarded nominal
legally wrong. damages, the issue of whether trespass
occurred can no longer be relitigated later by
Example po: If a landlord unlawfully enters the either party or their heirs.
tenant’s apartment without permission, the
tenant may not have suffered actual monetary Example 2: If an employee proves that their
loss, but the court can still award nominal employer violated a minor contract term (like
damages to recognize that the tenant’s right to failure to give a required notice), and the court
privacy and peaceful possession was awards nominal damages, both parties are
violated.”) barred from further contesting that specific
contractual right in future proceedings.
Article 2222. The court may award nominal
damages in every obligation arising from any SECTION 3
source enumerated in article 1157, or in every Temperate or Moderate Damages
case where any property right has been
invaded. Article 2224. Temperate or moderate damages,
which are more than nominal but less than
(“This means that nominal damages can be compensatory damages, may be recovered
awarded regardless of the source of the when the court finds that some pecuniary loss
obligation—whether from law, contracts, has been suffered but its amount can not, from
quasi-contracts, delicts, or quasi-delicts under the nature of the case, be provided with
Article 1157. It also applies when property rights certainty.
are violated, even if no actual loss is proven.
The purpose is not to compensate for loss but to (“This means that temperate damages are
recognize that a legal right has been infringed.”) awarded when the court is sure that the plaintiff
has suffered actual financial loss, but the exact
Example 1: If a landlord illegally enters a amount of the loss cannot be determined with
tenant’s apartment without permission but no certainty. It serves as a fair middle
actual damage occurs, the tenant may still be ground—more than just recognizing a right
entitled to nominal damages because their right (nominal damages), but less than full
to privacy and possession was violated. compensation (compensatory damages), since
the precise loss is uncertain.”)
Example 2: If someone violates a contract
clause (like delivering goods one day late) but Example 1: If a passenger’s luggage is lost by
no financial harm results, the injured party may an airline and the exact contents cannot be
proven, the court may award temperate delay, the builder must pay ₱5,000 as liquidated
damages because a pecuniary loss is certain, damages.
though its amount is unclear.
Example 2: In a lease agreement, the parties
Example 2: In wrongful death cases, when the may agree that if the tenant leaves before the
family of the deceased cannot present full proof end of the lease term, he will pay ₱20,000 as
of funeral and burial expenses, the court may liquidated damages.
still award temperate damages since some
expenses surely occurred. Article 2227. Liquidated damages, whether
intended as an indemnity or a penalty, shall be
Article 2225. Temperate damages must be equitably reduced if they are iniquitous or
reasonable under the circumstances. unconscionable.

(“This means that while temperate damages are (“This means that even if the parties agreed on
awarded in cases where the actual amount of a certain amount of liquidated damages, the
loss cannot be determined with certainty, the court has the power to lower it if the amount is
amount to be given should not be arbitrary. The unjust, excessive, or oppressive. The law
court must ensure that the damages are fair, prevents abuse by ensuring that damages
balanced, and proportionate to the injury or loss remain fair and reasonable under the
suffered.”) circumstances.”)

Example 1: If a store owner loses perishable Example 1: A contract states that for every day
goods due to a delivery company’s negligence, of delay in delivery of goods, the seller must pay
but the exact value cannot be proven, the court ₱100,000 as liquidated damages. If the actual
may grant temperate damages. However, the goods are only worth ₱50,000, the court may
amount should be reasonable—neither reduce the penalty because it is clearly
excessive nor too minimal. excessive.

Example 2: In a vehicular accident causing Example 2: A tenant agrees in a lease contract

damage to a car where receipts for repairs are that if he fails to pay rent on time, he must pay
incomplete, the court may award temperate ₱1,000,000 as liquidated damages, even though
damages, but only an amount that reasonably the monthly rent is only ₱10,000. The court may
reflects the likely loss. reduce this amount since it is unconscionable.

SECTION 4 Article 2228. When the breach of the contract

Liquidated Damages committed by the defendant is not the one
contemplated by the parties in agreeing upon
Article 2226. Liquidated damages are those the liquidated damages, the law shall determine
agreed upon by the parties to a contract, to be the measure of damages, and not the
paid in case of breach thereof. stipulation.

(“This means that liquidated damages are a (“This means that liquidated damages can only
pre-determined amount of compensation that apply if the breach committed is the one
both parties agree on in the contract, to be paid specifically intended by the parties in their
if one party fails to fulfill their obligation. The agreement. If the violation is different, the
purpose is to avoid uncertainty and disputes pre-agreed liquidated damages clause will not
over how much should be paid in case of a apply, and instead, the court will use the general
breach.”) rules of law to determine the proper amount of
damages.”)
Example 1: In a construction contract, the
builder agrees to finish the project by a specific Example 1: A construction contract provides
date. The contract states that for every day of liquidated damages if the contractor fails to
finish the project on time. However, if the breach
is due to poor quality of work instead of delay, damages because of the aggravating factor of
the liquidated damages clause cannot be cruelty.
applied, since it only covered delay. The court
will determine damages based on the actual Article 2231. In quasi-delicts, exemplary
loss. damages may be granted if the defendant acted
with gross negligence.
Example 2: A lease agreement provides
liquidated damages if the tenant does not pay (“This means that in civil wrongs not arising from
rent. But if the tenant damages the property (a contracts (like negligence), exemplary damages
breach not covered in the stipulation), the may be awarded if the defendant’s negligence
court—not the contract’s liquidated damages was gross or extreme.”)
clause—will decide the proper compensation.
Example: If a bus company allows its driver to
SECTION 5 keep driving despite multiple drunk-driving
Exemplary or Corrective Damages violations, and an accident happens, the
company may be ordered to pay exemplary
Article 2229. Exemplary or corrective damages damages in addition to compensatory damages.
are imposed, by way of example or correction
for the public good, in addition to the moral, Article 2232. In contracts and quasi-contracts,
temperate, liquidated or compensatory the court may award exemplary damages if the
damages. defendant acted in a wanton, fraudulent,
reckless, oppressive, or malevolent manner.
(“This means that exemplary damages are not
primarily to compensate the victim but to serve (“This means that in cases involving contracts or
as a deterrent, correcting the wrongdoer’s quasi-contracts, exemplary damages may be
conduct and setting an example for the public. awarded if the defendant acted with extreme
They are always awarded on top of other kinds bad faith or malice, beyond ordinary breach of
of damages.”) obligation.”)

Example: If a company pollutes a river out of Example: If a seller deliberately delivers fake
greed, the court may award moral or medicines to a buyer, the court may award
compensatory damages to the victims and compensatory damages plus exemplary
impose exemplary damages to serve as a damages to punish such malicious conduct.
warning to other businesses.
Article 2233. Exemplary damages cannot be
Article 2230. In criminal offenses, exemplary recovered as a matter of right; the court will
damages as a part of the civil liability may be decide whether or not they should be
imposed when the crime was committed with adjudicated.
one or more aggravating circumstances. Such
(“This means that even if the circumstances
damages are separate and distinct from fines
seem to justify exemplary damages, the award
and shall be paid to the offended party.
is still discretionary on the part of the court—it is
(“This means that in crimes, if aggravating never automatic.”)
circumstances exist (such as cruelty, abuse of
Example: A plaintiff cannot demand exemplary
authority, or nighttime), exemplary damages
damages outright; the judge has the final say
may be added. They are different from
whether they will be granted.
government-imposed fines because they go
directly to the victim.”) Article 2234. While the amount of the
exemplary damages need not be proved, the
Example: In a case of robbery committed with
plaintiff must show that he is entitled to moral,
cruelty, the offender may be ordered to pay
temperate or compensatory damages before the
compensatory damages for loss plus exemplary
court may consider the question of whether or
not exemplary damages should be awarded. In The Civil Code of the Philippines
case liquidated damages have been agreed
upon, although no proof of loss is necessary in AN ACT TO ORDAIN AND INSTITUTE THE
order that such liquidated damages may be CIVIL CODE OF THE PHILIPPINES
recovered, nevertheless, before the court may
consider the question of granting exemplary in PRELIMINARY TITLE CHAPTER 2
addition to the liquidated damages, the plaintiff HUMAN RELATIONS (n)
must show that he would be entitled to moral,
temperate or compensatory damages were it Article 19. Every person must, in the exercise
not for the stipulation for liquidated damages. of his rights and in the performance of his
duties, act with justice, give everyone his due,
(“This means that exemplary damages cannot and observe honesty and good faith.
stand alone. The plaintiff must first be entitled to
actual damages like moral, temperate, or (“This article lays down the foundation of human
compensatory. If liquidated damages were relations in law. It tells us that even when
agreed upon in the contract, exemplary exercising one’s rights or performing one’s
damages may still be awarded, but the plaintiff obligations, a person must do so fairly, with
must show that without the liquidated damages justice, and in good faith. This means that rights
clause, he would still qualify for other are not absolute; they must be exercised
damages.”) responsibly, without abuse, and with respect for
others.”)
Example: If a builder fails to finish a project and
liquidated damages were agreed upon, the court Example: If a creditor collects a debt, he must
may still impose exemplary damages if the do so without humiliating or harassing the
builder acted fraudulently, but only if the client debtor. Even though he has the right to collect,
would have been entitled to other damages he must still act with fairness and good faith.
aside from liquidated damages.
Article 20. Every person who, contrary to law,
Article 2235. A stipulation whereby exemplary wilfully or negligently causes damage to
damages are renounced in advance shall be another, shall indemnify the latter for the same.
null and void.
(“This article provides that if a person violates
(“This means that any agreement where the the law, whether intentionally or through
parties waive exemplary damages in advance is negligence, and causes damage to another, he
invalid. The law prohibits it because exemplary must pay compensation. It reflects the principle
damages serve public interest, not just private that unlawful acts must not go unpunished and
compensation.”) damages must be indemnified.”)​
Example: If a driver overspeeds in violation of
Example: A contract stating, “The parties waive traffic laws and causes an accident, he must
any claim for exemplary damages” will be compensate the victim for injuries and damages.
disregarded by the court, since such a waiver
has no legal effect. Article 21. Any person who wilfully causes loss
or injury to another in a manner that is contrary
Legal Resource Library. (n.d.). Title XVIII: to morals, good customs or public policy shall
Damages (Book IV, Civil Code). Legal Resource compensate the latter for the damage.
Library.
[Link] (“This article addresses cases where the act is
s-book-iv-civil-code/ not technically illegal, but it is against morals,
good customs, or public policy. If such acts
cause harm, the wrongdoer is liable for
damages.”)
Example: Publicly humiliating a co-worker Article 25. Thoughtless extravagance in
through malicious rumors may not be a crime, expenses for pleasure or display during a period
but it violates morals and good customs, so the of acute public want or emergency may be
victim can claim damages. stopped by order of the courts at the instance of
any government or private charitable institution.
Article 22. Every person who through an act of
performance by another, or any other means, (“This provision prevents people from showing
acquires or comes into possession of something off wealth or wasting resources during times of
at the expense of the latter without just or legal crisis. Extravagant displays of luxury during
ground, shall return the same to him. public hardship may be restrained by the
courts.”)
(“This establishes the principle against unjust Example: During a severe famine, a millionaire
enrichment. If someone benefits or acquires throwing lavish parties with excessive food while
something at the expense of another without people starve can be stopped by the courts
legal justification, he must return it.”) upon petition.
Example: If a person mistakenly pays ₱10,000
to another who has no right to it, the recipient Article 26. Every person shall respect the
must return the money. dignity, personality, privacy and peace of mind of
his neighbors and other persons.
Article 23. Even when an act or event causing
damage to another's property was not due to the The following and similar acts, though they may
fault or negligence of the defendant, the latter not constitute a criminal offense, shall produce a
shall be liable for indemnity if through the act or cause of action for damages, prevention and
event he was benefited. other relief:

(“This article provides that even without fault or (1) Prying into the privacy of another's
negligence, if someone benefits from another’s residence: ​
loss or damage, he must indemnify the affected
party.”) (2) Meddling with or disturbing the private life or
Example: If a flood diverts fish from a family relations of another; ​
fisherman’s pond into another person’s
fishpond, the latter must compensate the (3) Intriguing to cause another to be alienated
fisherman since he benefited from the loss. from his friends; ​

Article 24. In all contractual, property or other (4) Vexing or humiliating another on account of
relations, when one of the parties is at a his religious beliefs, lowly station in life, place of
disadvantage on account of his moral birth, physical defect, or other personal
dependence, ignorance, indigence, mental condition.
weakness, tender age or other handicap, the
courts must be vigilant for his protection. Legal (“This article emphasizes the protection of a
research services person’s dignity, personality, privacy, and peace
of mind. Even if certain acts are not crimes
(“This article safeguards weaker parties in a under the law, if they disturb one’s privacy or
relationship. The law requires the courts to humiliate a person, they can give rise to civil
protect those who are disadvantaged due to liability. The law recognizes that respect for
poverty, ignorance, minority, or weakness from human dignity is a fundamental duty among
being exploited.”) individuals.”)
Example: If a wealthy businessman tricks an Example: If someone persistently spies on their
illiterate farmer into signing an unfair contract, neighbor’s home or spreads rumors to break
the court can protect the farmer and nullify the their friendships, the victim may sue for
abusive agreement. damages even if no crime is committed.
Article 27. Any person suffering material or decision whether or not the acquittal is due to
moral loss because a public servant or that ground.
employee refuses or neglects, without just
cause, to perform his official duty may file an (“This article states that even if a person is
action for damages and other relief against he acquitted in a criminal case because guilt was
latter, without prejudice to any disciplinary not proven beyond reasonable doubt, the victim
administrative action that may be taken. can still file a civil action for damages. In civil
cases, only a preponderance of evidence is
(“This article holds public officials accountable if needed, which is a lower standard than criminal
they fail or refuse to perform their duties without cases. However, the court may require the
valid reason. Citizens who suffer damages due complainant to post a bond to prevent malicious
to such neglect can sue for compensation, aside suits.”)
from any administrative sanctions that may be Example: If a driver is acquitted in a criminal
imposed on the public servant.”) case for reckless driving due to lack of proof
Example: If a government employee refuses to beyond reasonable doubt, the victim may still
release a citizen’s permit without valid reason, file a civil case to claim damages for injuries
causing business delays and losses, the citizen suffered.
may claim damages in court.
Article 30. When a separate civil action is
Article 28. Unfair competition in agricultural, brought to demand civil liability arising from a
commercial or industrial enterprises or in labor criminal offense, and no criminal proceedings
through the use of force, intimidation, deceit, are instituted during the pendency of the civil
machination or any other unjust, oppressive or case, a preponderance of evidence shall
highhanded method shall give rise to a right of likewise be sufficient to prove the act
action by the person who thereby suffers complained of.
damage.
(“This article allows a civil action for damages to
(“This article prohibits unfair competition done proceed even if no criminal case is filed. The
through wrongful or oppressive acts such as required proof in such a case is only a
force, intimidation, deceit, or manipulation. If a preponderance of evidence, not proof beyond
person or business suffers damages because of reasonable doubt.”)
these unlawful practices, they have the right to Example: If someone is assaulted but no
sue for protection and compensation.”) criminal case is filed, the victim may still sue for
Example: If a businessman spreads false damages in a civil case, needing only to prove
rumors to destroy a competitor’s reputation and that it is more likely than not that the accused
gain customers, the injured party can file a case caused the harm.
for damages.
Article 31. When the civil action is based on an
Article 29. When the accused in a criminal obligation not arising from the act or omission
prosecution is acquitted on the ground that his complained of as a felony, such civil action may
guilt has not been proved beyond reasonable proceed independently of the criminal
doubt, a civil action for damages for the same proceedings and regardless of the result of the
act or omission may be instituted. Such action latter.
requires only a preponderance of evidence.
Upon motion of the defendant, the court may (“This article explains that if the civil action is
require the plaintiff to file a bond to answer for based on obligations other than the alleged
damages in case the complaint should be found crime—for example, contract or
to be malicious. Legal research services If in a quasi-contract—it may continue independently
criminal case the judgment of acquittal is based of the criminal case. The result of the criminal
upon reasonable doubt, the court shall so case will not affect the outcome of the civil
declare. In the absence of any declaration to action.”)
that effect, it may be inferred from the text of the
Example: If a debtor fails to pay a loan and also confession, except when the person confessing
commits fraud (a crime), the creditor can still becomes a State witness;
sue for collection of the debt even if the criminal (18) Freedom from excessive fines, or cruel and
case for fraud is unresolved or dismissed. unusual punishment, unless the same is
imposed or inflicted in accordance with a statute
Article 32. Any public officer or employee, or which has not been judicially declared
any private individual, who directly or indirectly unconstitutional; and
obstructs, defeats, violates or in any manner (19) Freedom of access to the courts.
impedes or impairs any of the following rights
and liberties of another person shall be liable to Legal research services
the latter for damages:
In any of the cases referred to in this article,
(1) Freedom of religion; ​ whether or not the defendant's act or omission
(2) Freedom of speech; ​ constitutes a criminal offense, the aggrieved
(3) Freedom to write for the press or to maintain party has a right to commence an entirely
a periodical publication; separate and distinct civil action for damages,
(4) Freedom from arbitrary or illegal detention; and for other relief. Such civil action shall
(5) Freedom of suffrage; proceed independently of any criminal
(6) The right against deprivation of property prosecution (if the latter be instituted), and mat
without due process of law; Legal research be proved by a preponderance of evidence.
services
(7) The right to a just compensation when The indemnity shall include moral damages.
private property is taken for public use; Exemplary damages may also be adjudicated.
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, The responsibility herein set forth is not
house, papers, and effects against demandable from a judge unless his act or
unreasonable searches and seizures; omission constitutes a violation of the Penal
(10) The liberty of abode and of changing the Code or other penal statute.
same;
(11) The privacy of communication and (“This article protects fundamental rights and
correspondence; liberties from violation by public officers,
(12) The right to become a member of employees, or private individuals. It makes them
associations or societies for purposes not civilly liable if they obstruct, violate, or impair
contrary to law; these rights. The civil action can be independent
(13) The right to take part in a peaceable of any criminal case and requires only
assembly to petition the government for redress preponderance of evidence. Moral damages are
of grievances; always included, and exemplary damages may
(14) The right to be free from involuntary also be awarded. Judges are generally exempt
servitude in any form; unless their act violates criminal law.”)
(15) The right of the accused against excessive
bail; Example:
(16) The right of the accused to be heard by
●​ If a police officer unlawfully detains a
himself and counsel, to be informed of the
citizen, the victim can sue for moral
nature and cause of the accusation against him,
damages and possibly exemplary
to have a speedy and public trial, to meet the
damages even if no criminal case is
witnesses face to face, and to have compulsory
filed.
process to secure the attendance of witness in
●​ If a private individual spreads false
his behalf;
rumors to prevent someone from voting,
(17) Freedom from being compelled to be a
the victim can file a civil case for
witness against one's self, or from being forced
damages.​
to confess guilt, or from being induced by a
promise of immunity or reward to make such
 ●​ If a person illegally searches a with the same, for which no independent civil
neighbor’s home without a warrant, the action is granted in this Code or any special law,
victim may recover damages for the but the justice of the peace finds no reasonable
invasion of privacy. grounds to believe that a crime has been
committed, or the prosecuting attorney refuses
Article 33. In cases of defamation, fraud, and or fails to institute criminal proceedings, the
physical injuries a civil action for damages, complaint may bring a civil action for damages
entirely separate and distinct from the criminal against the alleged offender. Such civil action
action, may be brought by the injured party. may be supported by a preponderance of
Such civil action shall proceed independently of evidence. Upon the defendant's motion, the
the criminal prosecution, and shall require only a court may require the plaintiff to file a bond to
preponderance of evidence. indemnify the defendant in case the complaint
should be found to be malicious. If during the
(“This article allows a victim of defamation, pendency of the civil action, an information
fraud, or physical injury to file a civil case for should be presented by the prosecuting
damages separate from any criminal case. The attorney, the civil action shall be suspended until
civil case only needs proof by preponderance of the termination of the criminal proceedings.
evidence, which is a lower standard than the Legal research services
criminal requirement of proof beyond
reasonable doubt. This ensures that victims can (“This article provides a remedy when a criminal
obtain compensation even if criminal charges case is not pursued by authorities. The injured
are not successful or filed.”) party can still file a civil action for damages,
Example: A person slandered online can sue for using only preponderance of evidence. The
moral and compensatory damages in civil court, court may require a bond to protect against
regardless of whether the slanderer is criminally malicious suits. If criminal proceedings later
prosecuted. start, the civil case is temporarily suspended
until the criminal case concludes.”)
Article 34. When a member of a city or Example: If someone is allegedly assaulted but
municipal police force refuses or fails to render the prosecutor declines to file charges, the
aid or protection to any person in case of danger victim can still file a civil case for medical
to life or property, such peace officer shall be expenses and moral damages.
primarily liable for damages, and the city or
municipality shall be subsidiarily responsible Article 36. Pre-judicial questions which must be
therefor. The civil action herein recognized shall decided before any criminal prosecution may be
be independent of any criminal proceedings, instituted or may proceed, shall be governed by
and a preponderance of evidence shall suffice rules of court which the Supreme Court shall
to support such action. promulgate and which shall not be in conflict
with the provisions of this Code.
(“This article makes police officers accountable
if they neglect to provide aid or protection during (“This article establishes that any legal issues
emergencies. The officer is primarily liable, and that need to be resolved before a criminal case
the city or municipality may be secondarily can start are governed by the rules of court set
liable. The civil case can proceed independently by the Supreme Court. These rules must not
of criminal charges, with only preponderance of conflict with the Civil Code, ensuring proper
evidence required.”)​ procedural order.”)
Example: If a police officer ignores a report of Example: If a court needs to determine
burglary and the victim suffers loss, the victim jurisdiction or the legality of a complaint before a
may sue the officer and the city for damages. criminal case proceeds, it will follow the rules
set by the Supreme Court, consistent with the
Civil Code.
Article 35. When a person, claiming to be
injured by a criminal offense, charges another