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TORTS and DAMAGES Provisions Reviewer

DAMAGES

The Concept of Damages
2195 The provisions of this Title shall be respectively applicable to all
obligations mentioned in 1157,
2196 The rules under this Title are without prejudice to special provisions on
damages formulated elsewhere in this Code. Compensation of 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
observed insofar as they are not in conflict with this Code.
2198 The principles of the general law on damages are hereby adopted
insofar as they are not inconsistent with this code.
2197 Damages may be MANTLE

Actual or compensatory
Definition/Purpose
2199 Except as provided by law or by stipulation, one is entitled to an
adequate compensation only for such pecuniary loss suffered by him as he
has duly proved. Such compensation is referred to as actual or
compensatory damages.
Proof required
Pleading and proof of actual damage

Loss covered
In general
2200 Indemnification for damages shall comprehend not only the value of
the loss suffered, but also that of the profits which the oblige failed to
obtain
In contracts and quasi-contracts
2201 In contracts and quasi-contracts, the damages for which the obligor
who acted in good faith is liable shall be those that are the natural and
probable consequences of the breach of the obligation, and which the
parties have foreseen or could have reasonable foreseen at the time the
obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the non-
performance of the obligation.
In crimes and QDs
2202 In crimes and QDs, the defendants shall be liable for all damages
which are the NATURAL and PROBABLE consequences of the act or omission
complained of. It is not necessary that such damages have been foreseen or
could have reasonably been foreseen by defendant.
2204 In crimes, damages to be adjudicated ,ay be respectively increased or
lessened according to AC/MC.
LEC, business standing
2205 Damages may be recovered
(1) For loss or impairment of earning capacity in cases of temporary or
permanent personal injury
(2) For injury to the plaintiffs business standing or commercial credit.

Death by crime or QD
2206 The amount of damages for death caused by a crime of QD shall be at
least P3,000 even though there may have been MC. In addition:
(1) Defendant shall be liable for LEC, and the indemnity shall be paid to
the heirs of the latter; such indemnity shall be assessed and
awarded by the court, unless the deceased on account of
permanent physical disability not caused by the defendant, had no
earning capacity at the time of his death
(2) If deceased was obliged to give support according to provision of
291, recipient who is not an heir called to decendants inheritance
by the law of testate or intestate succession, may demand support
from the person causing the death, for a period not exceeding five
years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants
of the deceased may demand moral damages for mental anguish by
reason of the death of the deceased.
Attorneys Fees
2208 In the absence of stipulation, AFs and LitEX, other than judicial costs,
cannot be recovered, except:
(1) When ED are awarded
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TORTS and DAMAGES Provisions Reviewer

(2) Compelled to litigate with third persons (BF)
(3) In criminal cases of malicious prosecution against plaintiff
(4) Clearly unfounded civil action or proceeding
(5) Gross evident BD in refusing to satisfy plaintiffs plainly valid, just,
and demandable claim
(6) Actions for legal support
(7) Recovery of wages of household helpers, labourers, and skilled
workers
(8) Actions for indemnity under workmens compensation and
employers liability laws
(9) Separate civil action to recover civil liability arising from crime
(10) Double judicial costs are awarded
(11) Any other case where court deems it just and equitable attorneys
fees and expenses of litigation should be recovered
Interest
2209 If obligation consists in the payment of a sum of money, and the
debtor incurs in delay, the indemnity for damages, there being no
stipulation to the contrary, shall be the payment of the interest agreed
upon, and in the absence of stipulation, the legal interest, which is 6% per
annum.
2210 Interest may, in the discretion f the court, be allowed upon damages
awarded for breach of contract
2211 In crimes and QDs, interest as part of the damages may, in a proper
case, be adjudicated in the discretion of the court.
2212 Interest due shall earn legal interest from the time it is judicially
demanded, although the obligation may be silent upon this point.
2213 Interest cannot be recovered upon unliquidated claims or damages,
except when the demand can be established with reasonable certainty.

Duty to minimize
2203 Party suffering loss or injury must exercise the diligence of a GG to
minimize the damages resulting from the act or omission in question.

Mitigation of Damages
2214 In QDs, the contrib negligence of the plaintiff shall reduce damages
that he may recover
2215 In contracts, quasi-contracts, and QDs, the court may equitably
mitigate the damages under circumstances other than the case referred to
in the preceding article, as in the following circumstances
(1) Contravention of terms of the contract
(2) Plaintiff derived some benefit as a result of contract
(3) Cases where ED are awarded, defendant acted upon advice of
counsel
(4) Loss would have resulted in any event
(5) Defendant has done his best to lessen plaintiffs loss or injury since
the filing of the action
MORAL DAMAGES
Moral suffering is proximate result
2217 Moral damages include physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral shock,
social humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the proximate
result of the defendants wrongful act or omission.
Within specific cases
2219 MD may be recovered in the ff:
(1) Crim offense resulting in physical injuries
(2) QDs causing physical injuries
(3) Seduction, abduction, rape, or other lascivious acts
(4) Adultery or concubinage
(5) Illegal or arbitrary detention or arrest
(6) Illegal search
(7) Libel, slander, or any other form of defamation
(8) Malicious prosecution
(9) Acts mentioned in 309
(10) Acts and actions referred to in 21, 26, 27, 28, 29, 30, 32, 34, and 35
2220 Willful injury to property may be a legal ground for awarding MD if
court should find that, under the circumstances, such damages are justly
due. Same rule applies to breaches of contract where defendant acted
fraudulently or in bad faith.
Acts mentioned in 309
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TORTS and DAMAGES Provisions Reviewer

309 Any person who shows disrespect to the dead, or wrongfully interferes
with a funeral shall be liable to the family of the deceased for damages,
material, and moral.

21 Any person who wilfully causes loss or injury to another in a manner that
is contrary to morals, good customs, or public policy shall compensate the
latter for the damage.
26 Ever person shall respect the dignity, personality, privacy and peace of
mind of his neighbours and other persons. The following and similar acts,
though they may not constitute a criminal offense, shall produce a cause of
action for damages, prevention and other relief:
(1) Prying into privacy of anothers residence
(2) Meddling with or disturbing the private life or family relations of
another
(3) Intriguing to cause another to be alienated from his friends
(4) Vexing or humiliating another on account of his religious beliefs,
lowly station in life, place of birth, physical defect, or other personal
conditions
27 Any person suffering material or moral loss because a public servant
or employee refuses or neglects, without just cause, to perform his
official duty may file an action for damages and other relief against the
latter, without prejudice to any disciplinary administrative action that
may be taken.
28 Unfair competition in agricultural, commercial or industrial
enterprises or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or high-handed method
shall give rise to a right of action by the person who thereby suffers
damage.
32 Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner
impedes or impairs any of the ff rights and liberties of another person
shall be liable to the latter for damages:
(1) Freedom of religion
(2) Freedom of speech
(3) Freedom to write for the press or to maintain periodical publication
(4) Freedom from arbitrary or illegal detention
(5) Freedom of suffrage
(6) Right against deprivation of property without due process of law
(7) Right to a just compensation when private property is taken for
public use
(8) Right to equal protection of the laws
(9) Right to be secured in ones person, house, papers, and effects
against unreasonable searches and seizures
(10) Liberty of abode and of changing the same
(11) Privacy of communication and correspondence
(12) The right to become a member of associations or societies
for purposes not contrary to law
(13) Right to take part in a peaceable assembly to petition to the
Government for redress of grievances
(14) Right to be free from involuntary servitude in any form
(15) Right of accused against excessive bail
(16) Right of accused to be heard by himself and counsel, to be
informed of the nature and cause of accusation against him, to have
a speedy and public trial, to meet witnesses face to face, and to
have compulsory process to secure attendance of witness in his
behalf
(17) Freedom from being compelled to be a witness against
ones self, or from being forced to confess guilt, or from being
induced by a promise of immunity or reward to make such
confession except when the person confessing becomes a State
witnesses
(18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in accordance
with a statute which has not been judicially declared
unconstitutional
(19) Freedom of access to the courts