Moral Damages: Meaning in Philippine Law
Quick answer
Moral damages are money a court orders paid to compensate suffering that is not a money loss. Examples are mental anguish, fright, serious anxiety, wounded feelings and social humiliation. No receipts are needed, and the amount is left to the court's discretion.
What does the Civil Code say?
Article 2217 lists what moral damages cover:
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 or omission.
Article 2216 adds that no proof of pecuniary loss is needed, and that the assessment "is left to the discretion of the court, according to the circumstances of each case."
When can you claim moral damages?
Article 2219 lists the cases. They include:
- a crime that results in physical injuries;
- quasi-delicts causing physical injuries;
- illegal or arbitrary detention or arrest, and illegal search;
- libel, slander or any other form of defamation;
- malicious prosecution;
- acts referred to in articles such as Article 21 (willful injury contrary to morals, good customs or public policy) and Article 26 (respect for privacy and peace of mind).
Article 2220 adds willful injury to property, and breaches of contract where the defendant acted fraudulently or in bad faith.
How much are moral damages?
There is no fixed amount in the Code. The court decides based on the facts of each case. The claimant must still prove the suffering and that the other person's wrongful act caused it.
For crimes that result in death, the Supreme Court did set standard amounts. In People v. Jugueta (2016), it fixed uniform amounts of civil indemnity and damages for those cases. See Damages for death in a criminal case.
Moral damages can also open the door to exemplary damages: under Article 2234, the court considers exemplary damages only after the plaintiff shows he or she is entitled to moral, temperate or compensatory damages.
Example
Made-up illustration: a store guard falsely accuses Liza of shoplifting in front of other customers. She took nothing. Liza may sue for moral damages for the humiliation, using Article 21 through Article 2219. She does not need to show a peso loss. The court decides whether to award damages and how much.
For neighbors who disturb your peace, see Noisy neighbor complaint.
Which provisions use this term?
Which Supreme Court rulings are relevant?
- People v. Jugueta (G.R. No. 202124)People v. Jugueta explained: the 2016 ruling that set standard civil indemnity, moral, exemplary and temperate damages for murder and homicide cases.
- 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.
Frequently asked questions
What are moral damages in simple words?
Money a court orders paid for suffering that is not a money loss, such as mental anguish, fright, serious anxiety, wounded feelings or social humiliation (Civil Code Article 2217).
Do I need receipts to claim moral damages?
No. Article 2216 says no proof of pecuniary loss is needed. The claimant must still prove the suffering and that it was caused by the other person's wrongful act or omission (Article 2217).
How much are moral damages in the Philippines?
The Civil Code sets no amount. Article 2216 leaves the assessment to the discretion of the court, according to the circumstances of each case. In crimes resulting in death, the Supreme Court has set uniform amounts in People v. Jugueta (2016).
Can I get moral damages for breach of contract?
Only in some cases. Article 2220 allows them for breaches of contract where the defendant acted fraudulently or in bad faith.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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