Article 20 of the Civil Code: Damages for acts contrary to law
Status: In force
What does Article 20 say?
Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.
What does it mean in plain language?
Article 20 of the Civil Code says that a person who causes damage to another by an act contrary to law must pay for that damage. It covers acts done on purpose and acts done through carelessness. The word the article uses for paying is "indemnify".
Article 20 sits right after Article 19, which says every person must act with justice, give everyone his due, and observe honesty and good faith. Article 19 sets the standard. Article 20 gives one way to make the person who broke the law pay.
How does it work in real life?
Carmen and the illegal dumping
Suppose a city ordinance forbids throwing construction debris into a canal. Carmen dumps the debris from her house repair into the canal anyway, and the canal overflows into her neighbor Lito's store, ruining his stock. The dumping is contrary to the ordinance. If Lito proves the damage it caused, Article 20 is one basis for asking Carmen to pay for the stock he lost.
Joel's careless mistake
Joel fixes the electrical wiring of his house himself, without following the rules that apply to such work in his city. A short circuit starts a small fire that damages the wall of the next house. Joel did not mean to cause harm. But Article 20 covers negligent acts as well as willful ones, so the neighbor may claim the cost of the repair if the facts are proved.
These are made-up examples to show how the rule works. The ordinance and the local rules in them are imagined for the illustration. They are not advice for any real case.
What does this mean in practice?
- The person who claims must prove three things: the act contrary to law, the willful or negligent conduct, and the damage it caused.
- Article 20 is often raised together with Article 2176 on quasi-delicts, especially in accidents. See is the car owner liable for the driver's accident?
- Claims for damages must be filed within the time set by law. For the periods, see how many years can you collect a debt?
- If a careless act is also a crime, Article 2177 (written for quasi-delicts) says the civil liability under Article 2176 is separate from the civil liability under the Penal Code, but the victim cannot recover damages twice for the same act or omission.
- For free or low-cost legal help, see where to find legal help.
What does Article 20 say?
Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.
In plain words, Article 20 needs three things:
- An act contrary to law. The person did something the law forbids, or failed to do something the law requires.
- Willfully or negligently. It does not matter if the act was intentional or only careless. Either one is enough.
- Damage to another person. The act caused harm to someone else.
When all three are present, the person must "indemnify" the one who was harmed. That means pay for the damage.
How is Article 20 different from Articles 21 and 2176?
The Civil Code has several articles that make a person pay for harm. They overlap, but each has its own focus:
| Article | What it covers | State of mind |
|---|---|---|
| Article 20 | Damage caused by an act contrary to law | Willful or negligent |
| Article 21 | Loss or injury caused in a manner contrary to morals, good customs or public policy | Willful only |
| Article 2176 | Damage caused by fault or negligence; called a quasi-delict when there is no pre-existing contract | Fault or negligence |
So Article 21 can apply even if no specific law was broken, but only to willful acts. Article 20 needs a broken law, but carelessness is enough.
What damages can be claimed?
Article 20 says the person must pay "for the same", meaning for the damage caused. The general rules on damages are in the Civil Code's title on damages, starting at Article 2195. For example, except as provided by law or by agreement, Article 2199 allows actual damages only for the money loss that the injured person has "duly proved". This is why receipts, estimates and other records matter.
Moral damages are a separate question. Article 2219 lists the cases where they may be recovered, "and analogous cases". Its item (10) names Articles 21 and 26, among others, but not Article 20. A court decides, case by case, which damages are justified.
Frequently asked questions
What does Article 20 of the Civil Code mean?
It means that a person who, contrary to law, causes damage to another must pay for that damage. It does not matter whether the act was done on purpose (willfully) or through carelessness (negligently).
What is the difference between Article 20 and Article 21?
Article 20 covers damage caused by an act contrary to law, done willfully or negligently. Article 21 covers loss or injury caused willfully in a manner contrary to morals, good customs or public policy, even if no specific law was broken.
What is the difference between Article 20 and Article 2176?
Article 20 is tied to an act contrary to law. Article 2176 speaks only of damage caused by fault or negligence, without naming a broken law, and calls it a quasi-delict when there is no pre-existing contract between the parties.
Do I have to prove the damage?
Yes. Article 20 speaks of indemnifying the damage caused. Except as provided by law or by agreement, Article 2199 allows actual damages only for the money loss that is duly proved, so receipts and other evidence matter.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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