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Torts and Damages Codals
Torts and Damages Codals
Torts and Damages Codals
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 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;
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;
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)
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.