Short answer. For damages arising from crimes and quasi-delicts, Article 2211 of the Civil Code leaves interest to the court's discretion: interest as part of the damages may be awarded in a proper case. There is no automatic starting date fixed by this article; the court decides whether, and from when, interest runs.
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 →
Where this rule applies
This rule is specific to two sources of civil liability: crimes and quasi-delicts. A crime is a punishable offense that also gives the victim a right to civil damages; a quasi-delict is fault or negligence that causes damage where there is no pre-existing contract, such as a road accident. Article 2211 of the Civil Code governs interest on the damages awarded in these situations. It does not deal with interest on ordinary loans or on damages for breach of contract, which other rules cover. So when your claim arises from a crime committed against you, or from someone's negligence, this is the provision that speaks to interest.
Interest is left to the court's discretion
The heart of the article is that interest here is not automatic. It provides 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. Two words carry the weight: "may" and "discretion." The court is not commanded to add interest in every case; it is empowered to do so when it finds the case fitting. This is different from obligations where interest is fixed by contract or automatically imposed. Here, a judge weighs the circumstances and decides whether interest should form part of what the wrongdoer must pay.
Interest as a part of the damages
Notice that the article treats interest as a part of the damages, not as a separate charge. The idea is compensation: interest recognizes that the victim was kept out of money that was due, and it helps make the award whole for the delay in payment. Because it is folded into the damages, it stands or falls with the underlying claim. The phrase in a proper case signals that the court looks at fairness and the facts, whether the loss was clear and whether payment was withheld, before deciding that interest is warranted as part of the compensation owed to the injured party.
What the article does not fix
What Article 2211 does not do is set a precise starting date or rate for the interest. It grants the power and leaves the details to the court. In practice, the exact point from which interest is counted, and the rate applied, are worked out by the courts when they decide each case, guided by the general rules on interest. For a person owed damages, the practical lesson is that interest on a crime or negligence claim is not guaranteed to run from a fixed day; it depends on the court's judgment and how it frames the award.
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 →