Must Memorize

Question 0

Art. 2215. In contracts, quasi-contracts, and quasi-
delicts, the court may equitably mitigate the damages un-
der circumstances other than the case referred to in the
preceding article, as in the following instances:

Answer 0

(1) That the plaintiff himself has contravened the
terms of the contract;
(2) That the plaintiff has derived some benefi t as a
result of the contract;
(3) In cases where exemplary damages are to be award-
ed, that the defendant acted upon the advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the fi ling of the action, the defendant
has done his best to lessen the plaintiffs loss or injury.

Question 1

In the absence of stipulation, attorney’s fees
and expenses of litigation, other than judicial costs, cannot
be recovered except:

Answer 1

(1) When exemplary damages are awarded;
(2) When the defendant’s act or omission has com-
pelled 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 pro-
ceeding against the plaintiff;
(5) Where the defendant acted in gross and evident
bad faith in refusing to satisfy the plaintiffs plainly valid,
just and demandable claim;
(6) In actions for illegal support;
(7) In actions for the recovery of wages of household
helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen’s com-
pensation 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 litiga-
tion must be reasonable.

Question 2

Moral Damages include

Answer 2

Physical Suffering 
Mental Anguish
Fright
Serious Anxiety
Besmirched Reputation
Wounded Feelings
Moral Shock
Social Humilition
Similar injury

Question 3

Moral damages may be recovered in the following and analogous cases

Answer 3

1. 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
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