Vous êtes sur la page 1sur 6

CHAPTER 2 Lastly, teachers or heads of establishments of arts

Quasi-delicts and trades shall be liable for damages caused by their


pupils and students or apprentices, so long as they
Article 2176. Whoever by act or omission causes remain in their custody.
damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or The responsibility treated of in this article shall cease
negligence, if there is no pre-existing contractual when the persons herein mentioned prove that they
relation between the parties, is called a quasi-delict observed all the diligence of a good father of a family
and is governed by the provisions of this Chapter. to prevent damage. (1903a)
(1902a)
Article 2181. Whoever pays for the damage caused
Article 2177. Responsibility for fault or negligence by his dependents or employees may recover from
under the preceding article is entirely separate and the latter what he has paid or delivered in satisfaction
distinct from the civil liability arising from negligence of the claim. (1904)
under the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of the Article 2182. If the minor or insane person causing
defendant.(n) damage has no parents or guardian, the minor or
insane person shall be answerable with his own
Article 2178. The provisions of articles 1172 to 1174 property in an action against him where a guardian ad
are also applicable to a quasi-delict. (n) litem shall be appointed. (n)

Article 2179. When the plaintiff's own negligence was Article 2183. The possessor of an animal or whoever
the immediate and proximate cause of his injury, he may make use of the same is responsible for the
cannot recover damages. But if his negligence was damage which it may cause, although it may escape
only contributory, the immediate and proximate cause or be lost. This responsibility shall cease only in case
of the injury being the defendant's lack of due care, the damage should come from force majeure or from
the plaintiff may recover damages, but the courts shall the fault of the person who has suffered damage.
mitigate the damages to be awarded. (n) (1905)

Article 2180. The obligation imposed by article 2176 Article 2184. In motor vehicle mishaps, the owner is
is demandable not only for one's own acts or solidarily liable with his driver, if the former, who was
omissions, but also for those of persons for whom one in the vehicle, could have, by the use of the due
is responsible. diligence, prevented the misfortune. It is disputably
presumed that a driver was negligent, if he had been
The father and, in case of his death or incapacity, the found guilty of reckless driving or violating traffic
mother, are responsible for the damages caused by regulations at least twice within the next preceding
the minor children who live in their company. two months.

Guardians are liable for damages caused by the If the owner was not in the motor vehicle, the
minors or incapacitated persons who are under their provisions of article 2180 are applicable. (n)
authority and live in their company.
Article 2185. Unless there is proof to the contrary, it
The owners and managers of an establishment or is presumed that a person driving a motor vehicle has
enterprise are likewise responsible for damages been negligent if at the time of the mishap, he was
caused by their employees in the service of the violating any traffic regulation. (n)
branches in which the latter are employed or on the
occasion of their functions. Article 2186. Every owner of a motor vehicle shall file
with the proper government office a bond executed by
Employers shall be liable for the damages caused by a government-controlled corporation or office, to
their employees and household helpers acting within answer for damages to third persons. The amount of
the scope of their assigned tasks, even though the the bond and other terms shall be fixed by the
former are not engaged in any business or industry. competent public official. (n)

The State is responsible in like manner when it acts Article 2187. Manufacturers and processors of
through a special agent; but not when the damage foodstuffs, drinks, toilet articles and similar goods
has been caused by the official to whom the task shall be liable for death or injuries caused by any
done properly pertains, in which case what is noxious or harmful substances used, although no
provided in article 2176 shall be applicable.
contractual relation exists between them and the
consumers. (n)

Article 2188. There is prima facie presumption of TITLE XVIII


negligence on the part of the defendant if the death or DAMAGES 1
injury results from his possession of dangerous
weapons or substances, such as firearms and poison,
except when the possession or use thereof is
indispensable in his occupation or business. (n)
CHAPTER 1
Article 2189. Provinces, cities and municipalities shall
General Provisions
be liable for damages for the death of, or injuries
suffered by, any person by reason of the defective
condition of roads, streets, bridges, public buildings, Article 2195. The provisions of this Title shall be
and other public works under their control or respectively applicable to all obligations mentioned in
supervision. (n) article 1157.

Article 2190. The proprietor of a building or structure Article 2196. The rules under this Title are without
is responsible for the damages resulting from its total prejudice to special provisions on damages
or partial collapse, if it should be due to the lack of formulated elsewhere in this Code. Compensation for
necessary repairs. (1907) workmen and other employees in case of death, injury
or illness is regulated by special laws. Rules
governing damages laid down in other laws shall be
Article 2191. Proprietors shall also be responsible for
observed insofar as they are not in conflict with this
damages caused:
Code.
(1) By the explosion of machinery which has Article 2197. Damages may be:
not been taken care of with due diligence, and
the inflammation of explosive substances
which have not been kept in a safe and (1) Actual or compensatory;
adequate place;
(2) Moral;
(2) By excessive smoke, which may be
harmful to persons or property; (3) Nominal;

(3) By the falling of trees situated at or near (4) Temperate or moderate;


highways or lanes, if not caused by force
majeure; (5) Liquidated; or

(4) By emanations from tubes, canals, sewers (6) Exemplary or corrective.


or deposits of infectious matter, constructed
without precautions suitable to the place. Article 2198. The principles of the general law on
(1908) damages are hereby adopted insofar as they are not
inconsistent with this Code.
Article 2192. If damage referred to in the two
preceding articles should be the result of any defect in
the construction mentioned in article 1723, the third
person suffering damages may proceed only against
the engineer or architect or contractor in accordance CHAPTER 2
with said article, within the period therein fixed. (1909) Actual or Compensatory Damages

Article 2193. The head of a family that lives in a Article 2199. Except as provided by law or by
building or a part thereof, is responsible for damages stipulation, one is entitled to an adequate
caused by things thrown or falling from the same. compensation only for such pecuniary loss suffered
(1910) by him as he has duly proved. Such compensation is
referred to as actual or compensatory damages.
Article 2194. The responsibility of two or more
persons who are liable for quasi-delict is solidary. (n)
Article 2200. Indemnification for damages shall (2) If the deceased was obliged to give
comprehend not only the value of the loss suffered, support according to the provisions of article
but also that of the profits which the obligee failed to 291, the recipient who is not an heir called to
obtain. (1106) the decedent's inheritance by the law of
testate or intestate succession, may demand
Article 2201. In contracts and quasi-contracts, the support from the person causing the death, for
damages for which the obligor who acted in good faith a period not exceeding five years, the exact
is liable shall be those that are the natural and duration to be fixed by the court;
probable consequences of the breach of the
obligation, and which the parties have foreseen or (3) The spouse, legitimate and illegitimate
could have reasonably foreseen at the time the descendants and ascendants of the deceased
obligation was constituted. may demand moral damages for mental
anguish by reason of the death of the
In case of fraud, bad faith, malice or wanton attitude, deceased.
the obligor shall be responsible for all damages which
may be reasonably attributed to the non-performance Article 2207. If the plaintiff's property has been
of the obligation. (1107a) insured, and he has received indemnity from the
insurance company for the injury or loss arising out of
Article 2202. In crimes and quasi-delicts, the the wrong or breach of contract complained of, the
defendant shall be liable for all damages which are insurance company shall be subrogated to the rights
the natural and probable consequences of the act or of the insured against the wrongdoer or the person
omission complained of. It is not necessary that such who has violated the contract. If the amount paid by
damages have been foreseen or could have the insurance company does not fully cover the injury
reasonably been foreseen by the defendant. or loss, the aggrieved party shall be entitled to
recover the deficiency from the person causing the
Article 2203. The party suffering loss or injury must loss or injury.
exercise the diligence of a good father of a family to
minimize the damages resulting from the act or Article 2208. In the absence of stipulation, attorney's
omission in question. fees and expenses of litigation, other than judicial
costs, cannot be recovered, except:
Article 2204. In crimes, the damages to be
adjudicated may be respectively increased or (1) When exemplary damages are awarded;
lessened according to the aggravating or mitigating
circumstances. (2) When the defendant's act or omission has
compelled the plaintiff to litigate with third
Article 2205. Damages may be recovered: persons or to incur expenses to protect his
interest;
(1) For loss or impairment of earning capacity
in cases of temporary or permanent personal (3) In criminal cases of malicious prosecution
injury; against the plaintiff;

(2) For injury to the plaintiff's business (4) In case of a clearly unfounded civil action
standing or commercial credit. or proceeding against the plaintiff;

Article 2206. The amount of damages for death (5) Where the defendant acted in gross and
caused by a crime or quasi-delict shall be at least evident bad faith in refusing to satisfy the
three thousand pesos, even though there may have plaintiff's plainly valid, just and demandable
been mitigating circumstances. In addition: claim;

(1) The defendant shall be liable for the loss of (6) In actions for legal support;
the earning capacity of the deceased, and the
indemnity shall be paid to the heirs of the (7) In actions for the recovery of wages of
latter; such indemnity shall in every case be household helpers, laborers and skilled
assessed and awarded by the court, unless workers;
the deceased on account of permanent
physical disability not caused by the (8) In actions for indemnity under workmen's
defendant, had no earning capacity at the time compensation and employer's liability laws;
of his death;
(9) In a separate civil action to recover civil (5) That since the filing of the action, the
liability arising from a crime; defendant has done his best to lessen the
plaintiff's loss or injury.
(10) When at least double judicial costs are
awarded;

(11) In any other case where the court deems


it just and equitable that attorney's fees and CHAPTER 3
expenses of litigation should be recovered. Other Kinds of Damages

In all cases, the attorney's fees and expenses of Article 2216. No proof of pecuniary loss is necessary
litigation must be reasonable. in order that moral, nominal, temperate, liquidated or
exemplary damages, may be adjudicated. The
Article 2209. If the obligation consists in the payment assessment of such damages, except liquidated
of a sum of money, and the debtor incurs in delay, the ones, is left to the discretion of the court, according to
indemnity for damages, there being no stipulation to the circumstances of each case.
the contrary, shall be the payment of the interest
agreed upon, and in the absence of stipulation, the
legal interest, which is six per cent per annum. (1108)

Article 2210. Interest may, in the discretion of the SECTION 1


court, be allowed upon damages awarded for breach Moral Damages
of contract.
Article 2217. Moral damages include physical
Article 2211. In crimes and quasi-delicts, interest as suffering, mental anguish, fright, serious anxiety,
a part of the damages may, in a proper case, be besmirched reputation, wounded feelings, moral
adjudicated in the discretion of the court. shock, social humiliation, and similar injury. Though
incapable of pecuniary computation, moral damages
Article 2212. Interest due shall earn legal interest may be recovered if they are the proximate result of
from the time it is judicially demanded, although the the defendant's wrongful act for omission.
obligation may be silent upon this point. (1109a)
Article 2218. In the adjudication of moral damages,
Article 2213. Interest cannot be recovered upon the sentimental value of property, real or personal,
unliquidated claims or damages, except when the may be considered.
demand can be established with reasonable certainty.
Article 2219. Moral damages may be recovered in
Article 2214. In quasi-delicts, the contributory the following and analogous cases:
negligence of the plaintiff shall reduce the damages
that he may recover. (1) A criminal offense resulting in physical
injuries;
Article 2215. In contracts, quasi-contracts, and quasi-
delicts, the court may equitably mitigate the damages (2) Quasi-delicts causing physical injuries;
under circumstances other than the case referred to
in the preceding article, as in the following instances:
(3) Seduction, abduction, rape, or other
lascivious acts;
(1) That the plaintiff himself has contravened
the terms of the contract;
(4) Adultery or concubinage;
(2) That the plaintiff has derived some benefit
(5) Illegal or arbitrary detention or arrest;
as a result of the contract;
(6) Illegal search;
(3) In cases where exemplary damages are to
be awarded, that the defendant acted upon
the advice of counsel; (7) Libel, slander or any other form of
defamation;
(4) That the loss would have resulted in any
event; (8) Malicious prosecution;
(9) Acts mentioned in article 309;

(10) Acts and actions referred to in articles 21,


26, 27, 28, 29, 30, 32, 34, and 35. SECTION 4
Liquidated Damages
The parents of the female seduced, abducted, raped,
or abused, referred to in No. 3 of this article, may also Article 2226. Liquidated damages are those agreed
recover moral damages. upon by the parties to a contract, to be paid in case of
breach thereof.
The spouse, descendants, ascendants, and brothers
and sisters may bring the action mentioned in No. 9 of Article 2227. Liquidated damages, whether intended
this article, in the order named. as an indemnity or a penalty, shall be equitably
reduced if they are iniquitous or unconscionable.
Article 2220. Willful injury to property may be a legal
ground for awarding moral damages if the court Article 2228. When the breach of the contract
should find that, under the circumstances, such committed by the defendant is not the one
damages are justly due. The same rule applies to contemplated by the parties in agreeing upon the
breaches of contract where the defendant acted liquidated damages, the law shall determine the
fraudulently or in bad faith. measure of damages, and not the stipulation.

SECTION 2 SECTION 5
Nominal Damages Exemplary or Corrective Damages

Article 2221. Nominal damages are adjudicated in Article 2229. Exemplary or corrective damages are
order that a right of the plaintiff, which has been imposed, by way of example or correction for the
violated or invaded by the defendant, may be public good, in addition to the moral, temperate,
vindicated or recognized, and not for the purpose of liquidated or compensatory damages.
indemnifying the plaintiff for any loss suffered by him.
Article 2230. In criminal offenses, exemplary
Article 2222. The court may award nominal damages damages as a part of the civil liability may be imposed
in every obligation arising from any source when the crime was committed with one or more
enumerated in article 1157, or in every case where aggravating circumstances. Such damages are
any property right has been invaded. separate and distinct from fines and shall be paid to
the offended party.
Article 2223. The adjudication of nominal damages
shall preclude further contest upon the right involved Article 2231. In quasi-delicts, exemplary damages
and all accessory questions, as between the parties may be granted if the defendant acted with gross
to the suit, or their respective heirs and assigns. negligence.

Article 2232. In contracts and quasi-contracts, the


court may award exemplary damages if the defendant
acted in a wanton, fraudulent, reckless, oppressive, or
SECTION 3 malevolent manner.
Temperate or Moderate Damages
Article 2233. Exemplary damages cannot be
Article 2224. Temperate or moderate damages, recovered as a matter of right; the court will decide
which are more than nominal but less than whether or not they should be adjudicated.
compensatory damages, may be recovered when the
court finds that some pecuniary loss has been Article 2234. While the amount of the exemplary
suffered but its amount can not, from the nature of the damages need not be proved, the plaintiff must show
case, be provided with certainty. that he is entitled to moral, temperate or
compensatory damages before the court may
Article 2225. Temperate damages must be consider the question of whether or not exemplary
reasonable under the circumstances. damages should be awarded. In case liquidated
damages have been agreed upon, although no proof
of loss is necessary in order that such liquidated
damages may be recovered, nevertheless, before the
court may consider the question of granting
exemplary in addition to the liquidated damages, the
plaintiff must show that he would be entitled to moral,
temperate or compensatory damages were it not for
the stipulation for liquidated damages.

Article 2235. A stipulation whereby exemplary


damages are renounced in advance shall be null and
void.