1.

CRIMES AND QUASI-DELICTS

Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all
damages which are the natural and probable consequences of the act or
omission complained of. It is not necessary that such damages have been
foreseen or could have reasonably been foreseen by the defendant.
Art. 2203. The party suffering loss or injury must exercise the diligence of a
good father of a family to minimize the damages resulting from the act or
omission in question.
WHAT IS THE DOCTRINE OF AVOIDABLE CONSEQUENCES
The doctrine of avoidable consequences means that a party cannot recover damages
for consequences that it may have avoided. This is embodied in Art. 2203.
AVOIDABLE CONSEQUENCES V.
AVOIDABLE
CONSEQUENCES
A wrongful act or omission
causing injury has already
taken place, but the avoidable
consequences come after
such act or omission

CONTRIBUTORY NEGLIGENCE
CONTRIBUTORY
NEGLIGENCE
The negligence comes before
or during the wrongful act or
omission that causes injury.

Art. 2204. In crimes, the damages to be adjudicated may be respectively

increased or lessened according to the aggravating or mitigating circumstances.
ACTUAL/COMPENSATORY DAMAGES V. CIVIL INDEMNITY EX DELICTO
ACTUAL OR
CIVIL INDEMNITY
CMPENSATORY
EX DELICTO
DAMAGES
BASIS
Civil Code
RPC
PROOF
Actual pecuniary
Damage or injury
REQUIRED
damages, except if
(proof of commission
resulting in death
of felony itself)
Damages refer to the sum of money which the law awards or imposes as pecuniary
compensation, recompense, or satisfaction for an injury done or a wrong sustained as a
consequence of either a breach of a contractual obligation or a tortuous or illegal act, while
damage pertains to the actionable loss, hurt or harm which results from the unlawful act,
omission or negligence of another
An award of actual or compensatory damages requires actual proof of pecuniary
loss.An exception from the rule, pursuant to Article 2206 of the Civil Code, are "damages for
death caused by a crime or quasi-delict" which can be awarded forthwith to the heirs of the
victim by proof alone of such fact of death. No proof of pecuniary loss is likewise necessary
in order that moral, nominal, temperate, liquidated or exemplary damages may be
adjudicated, and it is quite enough that proof of damage or injury is adduced. Being
incapable of exact pecuniary estimation, the assessment of such damages, except for
liquidated damages which the parties themselves fix, is left to the sound discretion of the
court.
Akin to, but not exactly in the same category as actual or compensatory damages, is
the civil indemnity ex delicto particularly so referred to in paragraph 3 of Article 104, in
relation to Article 100, of the Revised Penal Code as "indemnification for consequential

damages." These two species of damages differ basically in that civil indemnity ex
delicto can be awarded without need of further proof than the fact of commission of the
felony itself while actual or compensatory damages to be recoverable must additionally be
established with reasonable degree of certainty (except, as aforesaid, in the case of the
indemnity for death under Article 2206).
In fine, the first species merely requires proof of damage or injury (similar to
that needed in an award of moral damages) to be recoverable; the second kind
requires, in addition, proof of damages or pecuniary loss in order to warrant
recovery.
(People v. Dianos)
CASE DOCTRINES
The civil liability ex delicto provided by the Revised Penal Code (restitution,
reparation and indemnification) all correspond to actual or compensatory damages in
the Civil Code. (People v. Prades)
If the commission of rape is effectively qualified by any of the circumstances
under which the death penalty may be imposed, the civil indemnity for the victim
shall not be less than P75k. (People v. Balgos)
The award of P75k for qualified rape is a reaction to the apathetic societal
perception of the penal law and the financial fluctuations over time, and an
expression of the displeasure of the Court over the incidence of heinous crimes
against chastity. (People v. Delos Santos)
2. CRIMES AND QUASI-DELICT RESULTING TO DEATH
Art. 2206. The amount of damages for death caused by a crime or quasidelict shall be at least three thousand pesos, even though there may have
been mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity
of the deceased, and the indemnity shall be paid to the heirs of the
latter; such indemnity shall in every case be assessed and awarded
by the court, unless the deceased on account of permanent physical
disability not caused by the defendant, had no earning capacity at
the time of his death;
(2) If the deceased was obliged to give support according to
the provisions of Article 291, the recipient who is not an heir called
to the decedent's inheritance by the law of testate or intestate
succession, may demand support from the person causing the death,
for a period not exceeding five years, the exact duration to be fixed
by the court;
(3) The spouse, legitimate and illegitimate descendants and
ascendants of the deceased may demand moral damages for mental
anguish by reason of the death of the deceased.
When death occurs, the heirs of the deceased are entitled to the following
damages:
1. A fixed amount awarded by the court without the need to provide proof of
pecuniary loss. (This is in the nature of actual damages.) Mitigating circumstances
do not affect this award.
2. Indemnity for loss of earning capacity of the deceased (also in the nature of
actual damages).
3. Moral damages for mental anguish suffered by the heirs, dependent on the
discretion of the court. Both his legitimate and illegitimate heirs may recover.

4. Exemplary damages may also be imposed as part of civil liability when the crime
has been committed with one or more aggravating circumstances, depending on
the discretion of the court.
5. Attorneys fees and expenses of litigation, to be awarded only when exemplary
damages are awarded or when a separate civil action to recover civil liability has
been filed).
6. Interests in proper cases
VARIABLES FOR LOSS OF EARNINGS: 1. Life expectancy (number of years which
victim would otherwise have lived); and 2. Rate of loss sustained by the heirs of the
victim
CASE DOCTRINES
Indemnity may be recovered for loss of the earning capacity of the deceased,
considering the circumstances related to his income at the time of death and his
probable life expectancy. This is awarded as a matter of duty, unless it is proven that
the deceased did not have earning capacity.
Compensatory damages for loss or earning capacity and moral damages may
be recovered separately from the fixed amount awarded on the mere fact of death.
(Heirs of Raymundo Castro v. Bustos)
Loss of earning capacity may be awarded even if victim has no history of
earnings, in which case, the basis will be the minimum wage. (Sps. Perena v.
Spouses Zarate)
NOTE SIRS EXAMPLE IN CLASS:
DAYAN-DE LIMA EXAMPLE: Is Dayan entitled to loss of earning capacity with respect
to the (hypothetical) demise of his girlfriend?
NO. Because he is not an heir.