CHAPTER 2 Quasi-delicts Article 2176.

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. ( !"#a$ Article 2177. %esponsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the &enal Code. 'ut the plaintiff cannot recover damages twice for the same act or omission of the defendant.(n$ Article 2178. (he provisions of articles are also applicable to a quasi-delict. (n$ Article 2179. When the plaintiff+s own negligence was the immediate and proximate cause of his in,ury, he cannot recover damages. 'ut if his negligence was only contributory, the immediate and proximate cause of the in,ury being the defendant+s lac- of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. (n$ Article 2180. (he obligation imposed by article # ). is demandable not only for one+s own acts or omissions, but also for those of persons for whom one is responsible. (he father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. /uardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. (he owners and managers of an establishment or enterprise are li-ewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the )# to )*

occasion of their functions. 0mployers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tas-s, even though the former are not engaged in any business or industry. (he State is responsible in li-e manner when it acts through a special agent1 but not when the damage has been caused by the official to whom the tasdone properly pertains, in which case what is provided in article # ). shall be applicable. 2astly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. (he responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. ( !"3a$ Article 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. ( !"*$ Article 2182. 4f the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. (n$ Article 2183. (he possessor of an animal or whoever may ma-e use of the same is responsible for the damage which it may cause, although it may escape or be lost. (his responsibility shall cease only in case the damage should come from force ma,eure or from the fault of the person who has suffered damage. ( !"5$ Article 2184. 4n motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. 4t is disputably presumed that a driver was negligent, if he had been

found guilty of rec-less driving or violating traffic regulations at least twice within the next preceding two months. 4f the owner was not in the motor vehicle, the provisions of article # 6" are applicable. (n$ Article 2185. 7nless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. (n$ Article 2186. 0very owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. (he amount of the bond and other terms shall be fixed by the competent public official. (n$ Article 2187. 8anufacturers and processors of foodstuffs, drin-s, toilet articles and similar goods shall be liable for death or in,uries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. (n$ Article 2188. (here is prima facie presumption of negligence on the part of the defendant if the death or in,ury 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$ Article 2189. &rovinces, cities and municipalities shall be liable for damages for the death of, or in,uries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public wor-s under their control or supervision. (n$ Article 2190. (he proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lac- of necessary repairs. ( !")$ Article 2191. &roprietors shall also be responsible for damages caused9

( $ 'y the explosion of machinery which has not been ta-en care of with due diligence, and the inflammation of explosive substances which have not been -ept in a safe and adequate place1 (#$ 'y excessive smo-e, which may be harmful to persons or property1 (3$ 'y the falling of trees situated at or near highways or lanes, if not caused by force ma,eure1 (*$ 'y emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. ( !"6$ Article 2192. 4f damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in article )#3, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. ( !"!$ Article 2193. (he head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. ( ! "$ Article 2194. (he responsibility of two or more persons who are liable for quasi-delict is solidary. (n$

T T!E "# $A%A&E' 1

CHAPTER 1 &e(eral Pr)*isi)(s Article 2195. (he provisions of this (itle shall be respectively applicable to all obligations mentioned in article 5).

Article 2196. (he rules under this (itle are without pre,udice to special provisions on damages formulated elsewhere in this Code. Compensation for wor-men and other employees in case of death, in,ury or illness is regulated by special laws. %ules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. Article 2197. :amages may be9 ( $ ;ctual or compensatory1 (#$ 8oral1 (3$ <ominal1

obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. 4n 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. ( ")a$ Article 2202. 4n crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. 4t is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. Article 2203. (he party suffering loss or in,ury must

(*$ (emperate or moderate1 (5$ 2iquidated1 or (.$ 0xemplary or corrective. Article 2198. (he principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code.

exercise the diligence of a good father of a family to minimi=e the damages resulting from the act or omission in question. Article 2204. 4n crimes, the damages to be ad,udicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. Article 2205. :amages may be recovered9 ( $ >or loss or impairment of earning capacity in cases of temporary or permanent personal in,ury1 (#$ >or in,ury to the plaintiff+s business standing or commercial credit. Article 2206. (he amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. 4n addition9 ( $ (he defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter1 such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by

CHAPTER 2 Actual )r C)+,e(sat)r- $a+a.es Article 2199. 0xcept as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages. Article 2200. 4ndemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. ( ".$ Article 2201. 4n 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

the defendant, had no earning capacity at the time of his death1 (#$ 4f the deceased was obliged to give support according to the provisions of article #! , the recipient who is not an heir called to the decedent+s inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court1 (3$ (he 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. Article 2207. 4f the plaintiff+s property has been insured, and he has received indemnity from the insurance company for the in,ury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. 4f the amount paid by the insurance company does not fully cover the in,ury or loss, the aggrieved party shall be entitled to recover the deficiency from the person causing the loss or in,ury. Article 2208. 4n the absence of stipulation, attorney+s fees and expenses of litigation, other than ,udicial costs, cannot be recovered, except9 ( $ When exemplary damages are awarded1 (#$ When the defendant+s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest1 (3$ 4n criminal cases of malicious prosecution against the plaintiff1 (*$ 4n case of a clearly unfounded civil action or proceeding against the plaintiff1

(5$ Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff+s plainly valid, ,ust and demandable claim1 (.$ 4n actions for legal support1 ()$ 4n actions for the recovery of wages of household helpers, laborers and s-illed wor-ers1 (6$ 4n actions for indemnity under wor-men+s compensation and employer+s liability laws1 (!$ 4n a separate civil action to recover civil liability arising from a crime1 ( "$ When at least double ,udicial costs are awarded1 ( $ 4n any other case where the court deems it ,ust and equitable that attorney+s fees and expenses of litigation should be recovered. 4n all cases, the attorney+s fees and expenses of litigation must be reasonable. Article 2209. 4f the 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 six per cent per annum. ( "6$ Article 2210. 4nterest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. Article 2211. 4n crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be ad,udicated in the discretion of the court. Article 2212. 4nterest due shall earn legal interest from the time it is ,udicially demanded, although the obligation may be silent upon this point. ( "!a$

Article 2213. 4nterest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonable certainty. Article 2214. 4n quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. Article 2215. 4n contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances9 ( $ (hat the plaintiff himself has contravened the terms of the contract1 (#$ (hat the plaintiff has derived some benefit as a result of the contract1 (3$ 4n cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel1 (*$ (hat the loss would have resulted in any event1 (5$ (hat since the filing of the action, the defendant has done his best to lessen the plaintiff+s loss or in,ury.

'ECT /3 1 %)ral $a+a.es Article 2217. 8oral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shoc-, social humiliation, and similar in,ury. (hough incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant+s wrongful act for omission. Article 2218. 4n the ad,udication of moral damages, the sentimental value of property, real or personal, may be considered. Article 2219. 8oral damages may be recovered in the following and analogous cases9 ( $ ; criminal offense resulting in physical in,uries1 (#$ ?uasi-delicts causing physical in,uries1 (3$ Seduction, abduction, rape, or other lascivious acts1 (*$ ;dultery or concubinage1 (5$ 4llegal or arbitrary detention or arrest1 (.$ 4llegal search1 ()$ 2ibel, slander or any other form of defamation1

CHAPTER 3 /t0er 1i(ds )2 $a+a.es Article 2216. <o proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or exemplary damages, may be ad,udicated. (he assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case.

(6$ 8alicious prosecution1 (!$ ;cts mentioned in article 3"!1 ( "$ ;cts and actions referred to in articles # , #., #), #6, #!, 3", 3#, 3*, and 35. (he parents of the female seduced, abducted, raped, or abused, referred to in <o. 3 of this article, may also recover moral damages. (he spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in <o. !

of this article, in the order named. Article 2220. Willful in,ury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are ,ustly due. (he same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. 'ECT /3 4 !i4uidated $a+a.es Article 2226. 2iquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. Article 2227. 2iquidated damages, whether intended 'ECT /3 2 3)+i(al $a+a.es Article 2221. <ominal damages are ad,udicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recogni=ed, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. Article 2222. (he court may award nominal damages in every obligation arising from any source enumerated in article 5), or in every case where any property right has been invaded. Article 2223. (he ad,udication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns. as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. Article 2228. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.

'ECT /3 5 E5e+,lar- )r C)rrecti*e $a+a.es Article 2229. 0xemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. Article 2230. 4n criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party. Article 2231. 4n quasi-delicts, exemplary damages

'ECT /3 3 Te+,erate )r %)derate $a+a.es Article 2224. (emperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty. Article 2225. (emperate damages must be reasonable under the circumstances.

may be granted if the defendant acted with gross negligence. Article 2232. 4n contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, rec-less, oppressive, or malevolent manner. Article 2233. 0xemplary damages cannot be

recovered as a matter of right1 the court will decide whether or not they should be ad,udicated. Article 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. 4n 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. ; stipulation whereby exemplary damages are renounced in advance shall be null and void.