Extraoridnary Atty.
Fees Per express provision of Article 2219 (10) of the New
Article 2208. In the absence of stipulation, attorney's
fees and expenses of litigation, other than judicial
costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has
compelled the plaintiff to litigate with third
persons or to incur expenses to protect his
interest;
(3) In criminal cases of malicious prosecution
against the plaintiff;
(4) In case of a clearly unfounded civil action
or proceeding against the plaintiff;
(5) Where the defendant acted in gross and
evident bad faith in refusing to satisfy the
plaintiff's plainly valid, just and demandable
claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of
household helpers, laborers and skilled
workers;
(8) In actions for indemnity under workmen's
compensation and employer's liability laws;
(9) In a separate civil action to recover civil
liability arising from a crime;
(10) When at least double judicial costs are
awarded;
(11) In any other case where the court deems
it just and equitable that attorney's fees and
expenses of litigation should be recovered.
In all cases, the attorney's fees and expenses of
litigation must be reasonable.
Right of juridical person to recover damages
Wassmer vs Velez
Article 21 of said Code provides that "any person who
wilfully 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."
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Surely this is not a case of mere breach of promise to
marry. As stated, mere breach of promise to marry is
not an actionable wrong. But to formally set a wedding
and go through all the above-described preparation
and publicity, only to walk out of it when the matrimony
is about to be solemnized, is quite different. This is
palpably and unjustifiably contrary to good customs for
which defendant must be held answerable in damages
in accordance with Article 21 aforesaid.
Civil Code, moral damages are recoverable in the
cases mentioned in Article 21 of said Code.
Per express provision of Article 2219 (10) of the New
Civil Code, moral damages are recoverable in the
cases mentioned in Article 21 of said Code. As to
exemplary damages, defendant contends that the
same could not be adjudged against him because
under Article 2232 of the New Civil Code the condition
precedent is that "the defendant acted in a wanton,
fraudulent, reckless, oppressive, or malevolent
manner." The argument is devoid of merit as under the
above-narrated circumstances of this case defendant
clearly acted in a "wanton ... , reckless [and]
oppressive manner." This Court's opinion, however, is
that considering the particular circumstances of this
case, P15,000.00 as moral and exemplary damages is
deemed to be a reasonable award.
Article 2219. Moral damages may be recovered in the
following and analogous cases:
(1) A criminal offense resulting in physical
injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other
lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of
defamation;
(8) Malicious prosecution;
(9) Acts mentioned in article 309;
(10) Acts and actions referred to in articles 21,
26, 27, 28, 29, 30, 32, 34, and 35.
Article 21. Any person who wilfully causes loss or
injury to another in manner that is contrary to morals,
good customs or public policy shall compensate the
latter for the damage.
Article 26. Every person shall respect the dignity,
personality, privacy and peace of mind of his
neighbors and other persons. The following and similar
acts, though they may not constitute a criminal
offense, shall produce a cause of action for damages,
prevention and other relief:
(1) Prying into the privacy of another's
residence;
(2) Meddling with or disturbing the private life
or family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account of
his religious beliefs, lowly station in life, place
of birth, physical defect, or other personal
condition.
Article 27. Any person suffering material or moral loss
because a public servant or employee refuses or
neglects, without just cause, to perform his official duty
may file an action for damages and other relief against
the latter, without prejudice to any disciplinary
administrative action that may be taken.
Article 28. Unfair competition in agricultural,
commercial or industrial enterprises or in labor through
the use of force, intimidation, deceit, machination or
any other unjust, oppressive or highhanded method
shall give rise to a right of action by the person who
thereby suffers damage.
Article 28. Unfair competition in agricultural,
commercial or industrial enterprises or in labor through
the use of force, intimidation, deceit, machination or
any other unjust, oppressive or highhanded method
shall give rise to a right of action by the person who
thereby suffers damage.
Article 29. When the accused in a criminal
prosecution is acquitted on the ground that his guilt
has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may
be instituted. Such action requires only a
preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a
bond to answer for damages in case the complaint
should be found to be malicious.
If in a criminal case the judgment of acquittal is based
upon reasonable doubt, the court shall so declare. In
the absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the
acquittal is due to that ground.
Article 30. When a separate civil action is brought to
demand civil liability arising from a criminal offense,
and no criminal proceedings are instituted during the
pendency of the civil case, a preponderance of
evidence shall likewise be sufficient to prove the act
complained of.
Article 32. Any public officer or employee, or any
private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs
any of the following rights and liberties of another
person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to
maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when
private property is taken for public use;
(8) The right to the equal protection of the
laws;
(9) The right to be secure in one's person,
house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing the
same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable
assembly to petition the Government for
redress of grievances;
(14) The right to be a free from involuntary
servitude in any form;
(15) The right of the accused against
excessive bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy and public trial, to meet
the witnesses face to face, and to have
compulsory process to secure the attendance
of witness in his behalf;
(17) Freedom from being compelled to be a
witness against one's self, or from being
forced to confess guilt, or from being induced
by a promise of immunity or reward to make
such confession, except when the person
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel
and unusual punishment, unless the same is
imposed or inflicted in accordance with a
statute which has not been judicially declared
unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article,whether or
not the defendant's act or omission constitutes a
criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action
for damages, and for other relief. Such civil action shall
proceed independently of any criminal prosecution (if
the latter be instituted), and may be proved by a
preponderance of evidence.
The indemnity shall include moral damages.
Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable
from a judge unless his act or omission constitutes a
violation of the Penal Code or other penal statute.
Article 34. When a member of a city or municipal
police force refuses or fails to render aid or protection
to any person in case of danger to life or property,
such peace officer shall be primarily liable for
damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal
proceedings, and a preponderance of evidence shall
suffice to support such action.
Article 35. When a person, claiming to be injured by a
criminal offense, charges another with the same, for
which no independent civil action is granted in this
Code or any special law, but the justice of the peace
finds no reasonable grounds to believe that a crime
has been committed, or the prosecuting attorney
refuses or fails to institute criminal proceedings, the
complaint may bring a civil action for damages against
the alleged offender. Such civil action may be
supported by a preponderance of evidence. Upon the
defendant's motion, the court may require the plaintiff
to file a bond to indemnify the defendant in case the
complaint should be found to be malicious.
If during the pendency of the civil action, an
information should be presented by the prosecuting
attorney, the civil action shall be suspended until the
termination of the criminal proceedings.
TYPES OF DAMAGES
Article 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
Article 2199. Except as provided by law or by stipulation, one is
entitled to an adequate compensation only for such pecuniary loss
suffered by him as he has duly proved. Such compensation is
referred to as actual or compensatory damages.
Article 2200. Indemnification for damages shall comprehend not
only the value of the loss suffered, but also that of the profits which
the obligee failed to obtain. (1106)

Article 2217. 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 for omission.

Article 2221. Nominal damages are adjudicated in order that a

right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose
of indemnifying the plaintiff for any loss suffered by him.

Article 2224. Temperate or moderate damages, which are more

than nominal but less than compensatory damages, may be
recovered when the court finds that some pecuniary loss has been
suffered but its amount can not, from the nature of the case, be
provided with certainty.

Article 2226. Liquidated damages are those agreed upon by the

parties to a contract, to be paid in case of breach thereof.

Article 2229. Exemplary or corrective damages are imposed, by

way of example or correction for the public good, in addition to the
moral, temperate, liquidated or compensatory damages.

ELEMENTS OF TORTIOUS INTERFERENCE WITH

CONTRACTUAL RELATIONS (CKMRD)
1. EXISTENCE OF A VALID CONTRACT
2. KNOWLEDGE OF EXISTENCE OF CONTRACT
3. EXISTENCE OF MALICE
4. CAUSAL RELATION- act complained of was the
proximate cause of the injury complained of
5. DAMAGE OR INJURY
6. ABSENCE OF LEGAL JUSTIFICATION OF EXCUSE
7. SUFFICIENT JUSTIFICATION FOR INTERFERENCE
8. ACTUAL INDUCEMENT NOT ALWAYS NOT
NECESSARY

INJURY- is the legal invasion of a legal right

DAMAGE-is the loss, hurt, or harm which results from the
injury
DAMAGES- are the recompense or compensation awarded
for the damage suffered

DAMNUN ABSQUE INJURIA- there can be no injury in those

instances which the loss or harm was not the result of a
violation of a legal duty.