Awarding of Moral Damages

Question 1

When is the award of moral damages proper?

Answer 1

The award of moral damages is proper when the following circumstances concur:

(1) there is an injury, whether physical, mental, or psychological, clearly sustained by the claimant;

(2) there is a culpable act or omission factually established;

(3) the wrongful act or omission of the defendant is the proximate cause of the injury sustained by the claimant; and

(4) the award of damages is predicated on any of the cases stated in Article 2219 of the New Civil Code of the Philippines.

Article 2219 of the New Civil Code of the Philippines provides the situations and cases wherein moral damages may be recovered:

(01) A criminal offense resulting in physical injuries;

(02) Quasi-delicts causing physical injuries;

(03) Seduction, abduction, rape, or other lascivious acts;

(04) Adultery or concubinage;

(05) Illegal or arbitrary detention or arrest;

(06) Illegal search;

(07) Libel, slander, or any other form of defamation;

(08) Malicious prosecution;

(09) Acts mentioned in Article 309; and

(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, and 35.