Short answer. Yes. Article 2219 names libel, slander, or any other form of defamation as grounds for recovering moral damages. If the statements made about you were defamatory, the humiliation and anxiety you suffered as a result can form the basis of a civil damages claim.

What the law says

Libel, slander or any other form of defamation

Civil Code, Article 2219 — When Moral Damages May Be Recovered. Read the full provision →

Defamation is expressly listed as a ground

Article 2219 lists "libel, slander or any other form of defamation" as item seven among the specific situations where moral damages may be recovered. Whether the false statements were written, which is generally treated as libel, or spoken, which is generally treated as slander, the article covers both directly, and its catch-all phrase "any other form of defamation" extends the same protection to other ways a false and damaging statement can be communicated.

What has to be established first

Recovering moral damages under this ground depends on actually establishing that what was said or written meets the legal definition of a defamatory statement — a false imputation that damages your reputation, communicated to someone other than yourself. The humiliation and anxiety you experienced are the injury the article compensates, but that injury has to flow from a statement that genuinely qualifies as defamation, not merely from any comment you found unflattering or unwelcome.

The moral injury the article addresses

Once defamation is established, Article 2219 lets you recover for the humiliation, wounded feelings, anxiety, and similar suffering the false statements caused. This is a personal, compensatory remedy aimed at the emotional and reputational harm you experienced, distinct from other kinds of damages, such as actual pecuniary loss you might separately be able to prove if the defamation cost you income or opportunities.

How this civil claim relates to a criminal complaint

Libel and slander can also carry criminal liability under separate provisions, but the moral damages claim under Article 2219 is a civil remedy that exists on its own. Keeping records of the exact statements made, who made them, to whom, and when, along with how the experience affected you emotionally and socially, will help support both the claim that the statements were defamatory and the extent of the moral injury you suffered.

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.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.