Article 21 of the Civil Code: Acts contrary to morals, good customs or public policy
Status: In force
What does Article 21 say?
Any person who willfully 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.
What does it mean in plain language?
Article 21 of the Civil Code says that a person who willfully causes loss or injury to another, in a manner contrary to morals, good customs or public policy, must pay for the damage. It covers hurtful acts that may not break any specific law. The person who was hurt may claim damages, including moral damages.
Article 21 fills a gap. Article 20 makes a person pay for damage caused by an act contrary to law. But some acts are deeply wrong and harmful even if no law names them. Article 21 reaches those acts, as long as they were done on purpose.
How does it work in real life?
Liza and the false shoplifting accusation
Liza is shopping in a store. A guard falsely accuses her of shoplifting in front of other customers, and she is humiliated. Liza may claim moral damages for "social humiliation" under Articles 21, 2217 and 2219(10). She does not need to prove a money loss (Article 2216). The court decides whether the accusation was willful and made in a manner contrary to morals or good customs, and how much to award, if anything.
Paolo and the public embarrassment
Paolo owes his former friend Dennis money. Instead of sending a demand, Dennis prints a notice calling Paolo a thief and posts it at the gate of Paolo's workplace. Collecting a debt is a right, but doing it this way may be contrary to good customs. Paolo may ask a court to award damages under Article 21; whether the court grants them depends on the evidence. If the notice is defamatory, the rules on libel may also apply.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The person who claims must prove that the act was willful and that it caused loss or injury. A court weighs the facts.
- Article 21 is a civil remedy. The case is about compensation, not jail.
- If a real shopper is caught taking goods, that is a different situation. See caught shoplifting before leaving the store.
- Insults and false accusations may also be crimes. See oral defamation and cyber libel on Facebook.
- Article 2219, item (7), separately lists "Libel, slander or any other form of defamation" among the cases for moral damages.
- For free or low-cost legal help, see where to find legal help.
What does Article 21 say?
Any person who willfully 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.
In plain words, Article 21 needs:
- A willful act. The person acted on purpose. Carelessness alone is not enough.
- Loss or injury to another. Someone was harmed, in money or otherwise.
- A manner contrary to morals, good customs or public policy. The way the act was done goes against accepted moral standards, the good customs of the community, or the public interest.
"Morals" and "good customs" are not defined in the article. A court decides, from the facts, whether a given act crosses the line.
Can you claim moral damages under Article 21?
Yes, they may be awarded. Article 2219 lists the cases where moral damages may be recovered, and item (10) includes:
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
Moral damages pay for harm that is not about money. Article 2217 lists what they cover:
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
No proof of a money loss is needed for moral damages, and the court sets the amount according to the circumstances (Article 2216). The Civil Code gives no fixed peso figure.
How is Article 21 different from Articles 19 and 20?
- Article 19 sets the general standard: act with justice, give everyone his due, observe honesty and good faith.
- Article 20 makes a person pay for damage caused by an act contrary to law, done willfully or negligently.
- Article 21 makes a person pay for willful harm done in a manner contrary to morals, good customs or public policy, even without a broken law.
Which Supreme Court rulings are relevant?
- Baksh v. Court of Appeals (G.R. No. 97336)Baksh v. Court of Appeals explained: a broken promise to marry is not by itself a wrong, but damages may follow under Article 21 if it was a deceit.
- Wassmer v. Velez (G.R. No. L-20089)Wassmer v. Velez explained: why a groom who walked out two days before a formally set wedding had to pay damages under Article 21 of the Civil Code.
Frequently asked questions
What is Article 21 of the Civil Code?
It says that a person who willfully causes loss or injury to another, in a manner contrary to morals, good customs or public policy, must pay for the damage. It covers wrongs that no specific law may forbid.
Can I get moral damages under Article 21?
Yes, they may be awarded. Article 2219(10) lists acts referred to in Article 21 among the cases where moral damages may be recovered. The amount is left to the court, and no proof of a money loss is needed for moral damages (Article 2216).
Does Article 21 apply to careless acts?
No. Article 21 requires that the person 'willfully' caused the loss or injury. Careless acts fall under other articles, such as Article 20 (acts contrary to law) or Article 2176 (fault or negligence).
What is the difference between Article 21 and Article 20?
Article 20 needs an act contrary to law, done willfully or negligently. Article 21 does not need a broken law, but it needs a willful act done in a manner contrary to morals, good customs or public policy.
Is there a fixed amount of moral damages under Article 21?
No. The Civil Code does not set a peso amount. Article 2216 leaves the assessment of moral damages to the discretion of the court, according to the circumstances of each case.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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