Short answer. Yes, if the court finds them justly due. Article 2220 of the Civil Code allows moral damages for breaches of contract where the defendant acted fraudulently or in bad faith. A deliberate abandonment — not a mere failure — is the kind of conduct the article addresses. The court still has discretion on the amount.
What the law says
The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.
Civil Code, Article 2220 — Moral Damages for Breach of Contract in Bad Faith. Read the full provision →
When moral damages are available for breach of contract
Moral damages in contract cases are the exception, not the rule. Article 2220 provides that they may be awarded for breaches of contract "where the defendant acted fraudulently or in bad faith." A contractor who simply delivered late, or whose work fell short of the standard, typically does not trigger this provision. But a contractor who walked off the site knowing the project was unfinished and had no intention of returning — particularly one who took payment in advance — is in different territory. The bad faith must be established by the evidence.
What 'bad faith' means in this context
Bad faith in a contractual setting generally means a deliberate decision not to perform, made without a legitimate excuse — not simply poor workmanship or honest inability to complete. It can include: abandoning the work after receiving full or substantial payment without returning funds, disappearing after discovering the work is harder than expected, or deliberately doing work known to be substandard. The distinction between bad faith and negligence matters: negligence may entitle you to actual damages, but it generally does not open the door to moral damages under Article 2220.
Moral damages are not automatic — they require proof
Even when bad faith is established, moral damages are not a fixed amount that the court must award. Article 2220 says they may be awarded if the court finds that "under the circumstances, such damages are justly due." You need to establish the kind of harm that moral damages are designed to compensate: mental anguish, wounded feelings, anxiety, or similar personal suffering caused by the contractor's bad faith. The fact that you are upset is not enough on its own — you need to show real distress arising from the breach, and the court will assess whether the amount you are claiming is proportionate.
Building your claim
To support a claim for moral damages alongside actual loss, gather: the original contract, proof of payment, documentation of what was promised and what was delivered, communications showing the contractor knew of the deficiency, and any record of the distress the abandonment caused. Actual damages — the cost to engage another contractor to finish the work, materials that were wasted, amounts overpaid — must be proven separately with receipts and estimates. Moral damages do not substitute for actual damages; they add to them when the breach rises to the level the law requires.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Mariano Mendoza and Elvira Lim vs. Spouses Leonora J. Gomez and Gabriel V. Gomez, G.R. No. 160110, June 18, 2014 — read the decision on LawPhil →
- People of the Philippines vs. Salvador Tulagan, G.R. No. 227363, March 12, 2019 — read the decision on LawPhil →
- Rodolfo N. Regala vs. Federico P. Carin, G.R. No. 188715, April 6, 2011 — read the decision on LawPhil →
- RCPI vs. Alfonso Verchez, et al, G.R. No. 164349, January 31, 2006 — read the decision on LawPhil →