Text of the provision
Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death;
(2) If the deceased was obliged to give support according to the provisions of article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
For death caused by a crime or quasi-delict, the Code fixes an indemnity (stated as at least P3,000, though the courts today award substantially higher amounts) in addition to: the loss of the deceased's earning capacity payable to his heirs; support for those the deceased was obliged to support; and moral damages for mental anguish to the spouse, legitimate and illegitimate descendants and ascendants.
Questions about this provision
Related provisions
- Article 2205 — Loss of Earning Capacity and Business Standing.
- Article 2207 — Insurance and Subrogation.
Cases citing this article
- Esther Victoria Alcala Vda. De Alcañeses vs. Jose S. Alcañeses, substituted by his legal, G.R. No. 187847, June 30, 2021 — read the decision on LawPhil →
- Sulpicio Line, Inc. vs. Domingo E. Curso, et al, G.R. No. 157009, March 17, 2010 — read the decision on LawPhil →
- People of the Philippines vs. Ireneo Jugueta, G.R. No. 202124, April 5, 2016 — read the decision on LawPhil →
- Philippine Hawk Corporation vs. Vivian Tan Lee, G.R. No. 166869, February 16, 2010 — read the decision on LawPhil →
- The Heirs of George Y. Poe vs. Malayan Insurance Co. Inc, G.R. No. 156302, April 7, 2009 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.