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Extraoridnary Atty.

Fees Per express provision of Article 2219 (10) of the New

Article 2208. In the absence of stipulation, attorney's Civil Code, moral damages are recoverable in the
fees and expenses of litigation, other than judicial cases mentioned in Article 21 of said Code.
costs, cannot be recovered, except: Per express provision of Article 2219 (10) of the New
(1) When exemplary damages are awarded; Civil Code, moral damages are recoverable in the
(2) When the defendant's act or omission has cases mentioned in Article 21 of said Code. As to
compelled the plaintiff to litigate with third exemplary damages, defendant contends that the
persons or to incur expenses to protect his same could not be adjudged against him because
interest; under Article 2232 of the New Civil Code the condition
(3) In criminal cases of malicious prosecution precedent is that "the defendant acted in a wanton,
against the plaintiff; fraudulent, reckless, oppressive, or malevolent
(4) In case of a clearly unfounded civil action manner." The argument is devoid of merit as under the
or proceeding against the plaintiff; above-narrated circumstances of this case defendant
(5) Where the defendant acted in gross and clearly acted in a "wanton ... , reckless [and]
evident bad faith in refusing to satisfy the oppressive manner." This Court's opinion, however, is
plaintiff's plainly valid, just and demandable that considering the particular circumstances of this
claim; case, P15,000.00 as moral and exemplary damages is
(6) In actions for legal support; deemed to be a reasonable award.
(7) In actions for the recovery of wages of Article 2219. Moral damages may be recovered in the
household helpers, laborers and skilled following and analogous cases:
workers; (1) A criminal offense resulting in physical
(8) In actions for indemnity under workmen's injuries;
compensation and employer's liability laws; (2) Quasi-delicts causing physical injuries;
(9) In a separate civil action to recover civil (3) Seduction, abduction, rape, or other
liability arising from a crime; lascivious acts;
(10) When at least double judicial costs are (4) Adultery or concubinage;
awarded; (5) Illegal or arbitrary detention or arrest;
(11) In any other case where the court deems (6) Illegal search;
it just and equitable that attorney's fees and (7) Libel, slander or any other form of
expenses of litigation should be recovered. defamation;
In all cases, the attorney's fees and expenses of (8) Malicious prosecution;
litigation must be reasonable. (9) Acts mentioned in article 309;
(10) Acts and actions referred to in articles 21,
Right of juridical person to recover damages 26, 27, 28, 29, 30, 32, 34, and 35.

Wassmer vs Velez Article 21. Any person who wilfully causes loss or
Article 21 of said Code provides that "any person who injury to another in manner that is contrary to morals,
wilfully causes loss or injury to another in a manner good customs or public policy shall compensate the
that is contrary to morals, good customs or public latter for the damage.
policy shall compensate the latter for the damage." Article 26. Every person shall respect the dignity,
-------- personality, privacy and peace of mind of his
Surely this is not a case of mere breach of promise to neighbors and other persons. The following and similar
marry. As stated, mere breach of promise to marry is acts, though they may not constitute a criminal
not an actionable wrong. But to formally set a wedding offense, shall produce a cause of action for damages,
and go through all the above-described preparation prevention and other relief:
and publicity, only to walk out of it when the matrimony (1) Prying into the privacy of another's
is about to be solemnized, is quite different. This is residence;
palpably and unjustifiably contrary to good customs for (2) Meddling with or disturbing the private life
which defendant must be held answerable in damages or family relations of another;
in accordance with Article 21 aforesaid. (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
Article 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.
Article 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 highhanded method
shall give rise to a right of action by the person who the witnesses face to face, and to have
thereby suffers damage. compulsory process to secure the attendance
Article 28. Unfair competition in agricultural, of witness in his behalf;
commercial or industrial enterprises or in labor through (17) Freedom from being compelled to be a
the use of force, intimidation, deceit, machination or witness against one's self, or from being
any other unjust, oppressive or highhanded method forced to confess guilt, or from being induced
shall give rise to a right of action by the person who by a promise of immunity or reward to make
thereby suffers damage. such confession, except when the person
Article 29. When the accused in a criminal confessing becomes a State witness;
prosecution is acquitted on the ground that his guilt (18) Freedom from excessive fines, or cruel
has not been proved beyond reasonable doubt, a civil and unusual punishment, unless the same is
action for damages for the same act or omission may imposed or inflicted in accordance with a
be instituted. Such action requires only a statute which has not been judicially declared
preponderance of evidence. Upon motion of the unconstitutional; and
defendant, the court may require the plaintiff to file a (19) Freedom of access to the courts.
bond to answer for damages in case the complaint
should be found to be malicious. In any of the cases referred to in this article,whether or
If in a criminal case the judgment of acquittal is based not the defendant's act or omission constitutes a
upon reasonable doubt, the court shall so declare. In criminal offense, the aggrieved party has a right to
the absence of any declaration to that effect, it may be commence an entirely separate and distinct civil action
inferred from the text of the decision whether or not the for damages, and for other relief. Such civil action shall
acquittal is due to that ground. proceed independently of any criminal prosecution (if
Article 30. When a separate civil action is brought to the latter be instituted), and may be proved by a
demand civil liability arising from a criminal offense, preponderance of evidence.
and no criminal proceedings are instituted during the
pendency of the civil case, a preponderance of The indemnity shall include moral damages.
evidence shall likewise be sufficient to prove the act Exemplary damages may also be adjudicated.
complained of. The responsibility herein set forth is not demandable
Article 32. Any public officer or employee, or any from a judge unless his act or omission constitutes a
private individual, who directly or indirectly obstructs, violation of the Penal Code or other penal statute.
defeats, violates or in any manner impedes or impairs Article 34. When a member of a city or municipal
any of the following rights and liberties of another police force refuses or fails to render aid or protection
person shall be liable to the latter for damages: to any person in case of danger to life or property,
(1) Freedom of religion; such peace officer shall be primarily liable for
(2) Freedom of speech; damages, and the city or municipality shall be
(3) Freedom to write for the press or to subsidiarily responsible therefor. The civil action herein
maintain a periodical publication; recognized shall be independent of any criminal
(4) Freedom from arbitrary or illegal detention; proceedings, and a preponderance of evidence shall
(5) Freedom of suffrage; suffice to support such action.
(6) The right against deprivation of property Article 35. When a person, claiming to be injured by a
without due process of law; criminal offense, charges another with the same, for
(7) The right to a just compensation when which no independent civil action is granted in this
private property is taken for public use; Code or any special law, but the justice of the peace
(8) The right to the equal protection of the finds no reasonable grounds to believe that a crime
laws; has been committed, or the prosecuting attorney
(9) The right to be secure in one's person, refuses or fails to institute criminal proceedings, the
house, papers, and effects against complaint may bring a civil action for damages against
unreasonable searches and seizures; the alleged offender. Such civil action may be
(10) The liberty of abode and of changing the supported by a preponderance of evidence. Upon the
same; defendant's motion, the court may require the plaintiff
(11) The privacy of communication and to file a bond to indemnify the defendant in case the
correspondence; complaint should be found to be malicious.
(12) The right to become a member of If during the pendency of the civil action, an
associations or societies for purposes not information should be presented by the prosecuting
contrary to law; attorney, the civil action shall be suspended until the
(13) The right to take part in a peaceable termination of the criminal proceedings.
assembly to petition the Government for TYPES OF DAMAGES
Article 2197. Damages may be:
redress of grievances;
(1) Actual or compensatory;
(14) The right to be a free from involuntary (2) Moral;
servitude in any form; (3) Nominal;
(15) The right of the accused against (4) Temperate or moderate;
(5) Liquidated; or
excessive bail;
(6) Exemplary or corrective.
(16) The right of the accused to be heard by Article 2199. Except as provided by law or by stipulation, one is
himself and counsel, to be informed of the entitled to an adequate compensation only for such pecuniary loss
nature and cause of the accusation against suffered by him as he has duly proved. Such compensation is
referred to as actual or compensatory damages.
him, to have a speedy and public trial, to meet
Article 2200. Indemnification for damages shall comprehend not
only the value of the loss suffered, but also that of the profits which
the obligee failed to obtain. (1106)

Article 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 defendant's wrongful
act for omission.

Article 2221. Nominal damages are adjudicated in order that a

right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose
of indemnifying the plaintiff for any loss suffered by him.

Article 2224. Temperate 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 2226. Liquidated damages are those agreed upon by the

parties to a contract, to be paid in case of breach thereof.

Article 2229. Exemplary 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.


4. CAUSAL RELATION- act complained of was the
proximate cause of the injury complained of

INJURY- is the legal invasion of a legal right

DAMAGE-is the loss, hurt, or harm which results from the
DAMAGES- are the recompense or compensation awarded
for the damage suffered

DAMNUN ABSQUE INJURIA- there can be no injury in those

instances which the loss or harm was not the result of a
violation of a legal duty.