Short answer. Yes, at the court's discretion. Article 2211 provides that in crimes and quasi-delicts, which include road accidents and other torts, interest may be adjudicated as part of the damages in a proper case, in the court's discretion. So a court hearing your accident claim can include interest as a component of what it awards you.
What the law says
In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court.
Civil Code, Article 2211 — Interest in Crimes and Quasi-Delicts. Read the full provision →
A road accident is a quasi-delict
When a driver's negligence injures another and there was no contract between them, the wrong is a quasi-delict, the civil-law term for a tort based on fault or negligence. A typical road accident falls squarely within it. Article 2211 addresses damages in exactly this setting, providing that in crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. So the possibility of interest is not limited to broken contracts; it extends to accident and other tort claims as well.
Interest as part of the damages
Under this article, interest is treated as a component of the damages the court awards for the wrong, not as a separate cause of action. In an accident case, where a victim recovers for medical expenses, lost earnings, and other losses, the court may fold in interest as part of the total. This reflects that a victim compensated only much later has, in a sense, been kept from the money owed since the injury, and interest helps account for that lapse of time within the overall award.
Discretion and a proper case
As with contract damages, the award of interest here is discretionary and reserved for a proper case. The article does not command interest in every quasi-delict; it authorises the court to grant it when the circumstances justify. The court weighs the nature of the wrong, the losses proven, and the fairness of adding interest before doing so. A claimant should therefore treat interest as something to be sought and justified, not as an automatic addition that attaches to every accident award by default.
What this means for an accident victim
If you are claiming damages after a road accident, you may ask the court to include interest as part of your recovery, invoking the discretion Article 2211 gives it. Showing the extent of your losses and the delay in being compensated supports the request. The broader point is that the law does not confine interest to contract cases: victims of negligence and other quasi-delicts can also have interest adjudicated as part of their damages, whenever the court finds the case a proper one for it.
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.
- Lara’s Gifts & Decors, Inc. vs. Midtown Industrial Sales, Inc, G.R. No. 225433, August 28, 2019 — read the decision on LawPhil →
- People of the Philippines vs. Marie Alvarez y Lumajen, G.R. No. 265876, April 3, 2024 — read the decision on LawPhil →
- Province of Bataan, Hon. Enrique T. Garcia, Jr., Emerlinda S. Talento, and Amelita E, G.R. No. 181311, November 24, 2021 — read the decision on LawPhil →
- People of the Philippines vs. Roger Padin y Tilar, G.R. No. 250418, December 9, 2020 — read the decision on LawPhil →