The provision
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.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.
Key points
Article 2219 lists the cases in which moral damages may be recovered under Philippine law. The list is opened by the words "and analogous cases." For a breach of contract, moral damages are not on this list directly; they are recoverable only where the breach is in bad faith (see Art. 2220).
Cases applying this article
- Francisco v. Ferrer, Jr. G.R. No. 142029 (2001): moral damages denied for a breach of contract absent bad faith; nominal damages awarded instead.