- Statute
- Civil Code
- Article
- Art. 2179
- Topic
- Quasi-delicts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVII EXTRA-CONTRACTUAL OBLIGATIONS
- Chapter
- CHAPTER 2 Quasi-delicts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. (n)
Intellegal Wiki · In plain terms
If the injured person's own negligence was the direct and main cause of the harm, they cannot recover damages at all. But if their negligence merely contributed while the defendant's lack of care was the main cause, they can still recover, though the court will reduce the amount awarded.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In National Transmission Corporation v. Leslie L. de Jesus, the Supreme Court held: Denied the petition, holding that the employer failed to overcome the presumption of negligence under Article 2180 for its employee's fatal workplace electrocution, while the victim's contributory negligence warranted a 20% reduction of damages under Article 2179.
One leading Supreme Court case applying this provision.
Cases applying this article
- National Transmission Corporation v. Leslie L. de Jesus G.R. No. 217928
- Flordeliza Mendoza v. Mutya Soriano G.R. No. 164012
- Travel & Tours Advisers v. Alberto Cruz, Sr. G.R. No. 199282
- People'S General Insurance Corporation v. Saulog Transit G.R. No. 210295
- Sealoader Shipping Corporation v. Grand Cement Manufacturing Corporation G.R. No. 167363
- Cresencia Achevara v. Elvira Ramos G.R. No. 175172
- Central Bank of the Philippines v. Citytrust Banking Corporation G.R. No. 141835
- Paraan v. Benguet Electric G.R. No. 248637
Other Supreme Court decisions also apply this article.