Short answer. Yes, but only within the moral damages framework. Article 2218 of the Civil Code provides that in the adjudication of moral damages, the sentimental value of property — whether real or personal — may be considered. The sentimental value does not give rise to a separate damages head but informs the moral damages award.
What the law says
In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered.
Civil Code, Article 2218 — Sentimental Value Considered. Read the full provision →
Sentimental value as a factor in moral damages
Article 2218 of the Civil Code provides a specific rule for property destruction cases where the emotional loss exceeds the market loss: In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. This provision applies to both real property and personal property. A family heirloom — even one with minimal resale value — may carry irreplaceable personal meaning. When a court is quantifying the moral damages that attach to its destruction, it is permitted to take that sentimental value into account. The word may means this is discretionary — the court can consider it, but is not required to give it a fixed weight.
Moral damages and their relationship to sentimental loss
Moral damages compensate for the mental anguish, anxiety, wounded feelings, and similar non-economic harm suffered by the injured person. When someone destroys property that has deep personal significance — a photograph album, an ancestral piece, a wedding gift — the harm goes beyond the replacement cost of the object. Article 2218 recognizes that the emotional dimension of property loss is a legitimate consideration. The destruction of a market-worthless but personally irreplaceable item can cause genuine suffering, and the moral damages award can reflect that. The article gives the court the express authority to look at the sentimental value, not merely the market price, when setting that award.
Sentimental value does not create a separate damages category
It is important to understand what Article 2218 does not do. It does not create a separate category of damages called sentimental damages. Sentimental value is a factor that feeds into the moral damages calculation — it does not stand alone as a basis for a damages award. If moral damages are not otherwise available in the case, the sentimental value of the property cannot by itself support a separate award. The provision operates within the existing moral damages framework, expanding what the court may consider when quantifying those damages. The foundational requirement that moral damages be legally available in the type of case must first be satisfied.
What to present to the court
If you are seeking moral damages for the destruction of a sentimental heirloom, the court's discretion to consider sentimental value means you have the opportunity to present evidence of why the item mattered. This might include testimony about the item's history within your family, its connection to a deceased relative, its role in significant family events, or the particular distress caused by its loss. The absence of market value does not preclude a meaningful moral damages award when the sentimental value is real and the loss caused genuine suffering. Concrete, specific testimony about what the heirloom meant to your family is more persuasive than general statements about being upset.
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.
- Emmanuel G. Herbosa and Rosemarie L. Herbosa vs. Court of Appeals, and Professional Video Equipment, G.R. No. 119086, January 25, 2002 — read the decision on LawPhil →
- Nancy Go, et al. vs. Court of Appeals, et al, G.R. No. 114791, May 29, 1997 — read the decision on LawPhil →