- Statute
- Civil Code
- Article
- Art. 2220
- Topic
- Moral damages for breach of contract in bad faith
- Year
- 1949
The provision
ARTICLE 2220. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.
Key points
Article 2220 allows moral damages for wilful injury to property where the court finds, under the circumstances, that such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.
For contract cases the provision sets a key threshold: moral damages are not awarded for ordinary breach, but only where the breach is attended by fraud or bad faith. It is read with Article 2217 (definition of moral damages) and Article 2219, and with Article 1170 on liability for fraud, negligence, or delay in performing obligations.
For contractual claims the article sets a clear gate: moral damages are not recoverable for an ordinary breach, but only where the defendant acted fraudulently or in bad faith, so the plaintiff must plead and prove that aggravating state of mind. The same provision separately allows moral damages for wilful injury to property when the court finds them justly due. It works with Article 2217's definition of moral damages and with Article 1170 on liability for fraud, negligence, or delay in the performance of obligations.
Cases applying this article
- Francisco v. Ferrer, Jr. G.R. No. 142029 (2001)