Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No.__ 3600

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING ARTICLE 2206 OF REPUBLIC ACT NO. 386,
OTHERWISE KNOWN AS THE CIVIL CODE OF THE
PHILIPPINES

EXPLANATORY NOTE

Article 2206 of Republic Act No. 386, otherwise known as the Civil Code
of the Philippines provides that

“Article 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. x x x"

However, as early as the 1990s, particularly in the cases of People v.
Sazon, G.R. No. 89684, People v. Teehankee, G.R. Nos. 11 1206-08 and People
v. Espanola, 271 SCRA 689, the Supreme Court had already increased the
indemnity for death to P50,000.00. Despite this jurisprudential guideline, the
amount stated under the afore-quoted provision was never amended to reflect
the Supreme Court's prevailing pronouncement on this matter.

In order to finally harmonize the statute and jurisprudence, the present bill
seeks to increase the amount of death indemnity to a minimum of P50,000.00,
consistent with the Supreme Court's rulings.

In view of the significance of this bill, its immediate passage is earnestly
sought.

DIOSDADO MACAPAGAL ARROYO nae eer ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No._ 3600

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING ARTICLE 2206 OF REPUBLIC ACT NO. 386,
OTHERWISE KNOWN AS THE CIVIL CODE OF THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1, Article 2206 of Republic Act No. 386, otherwise known as the
Civil Code of the Philippines, is hereby amended to read as follows:

“Art. 2206. The amount of damages for death caused by a crime or
quasi-delict shall be at least [three thousand pesos] FIFTY
THOUSAND PESOS (P50,000.00), 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.”

SECTION 2. Separability Clause. — If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 3. Repealing Clause. — All laws, presidential decrees or
issuances, executive orders, letters of instruction, administrative orders or rules
and regulations, which may be inconsistent with this Act shall be deemed
repealed, amended or modified accordingly.

SECTION 4. Effectivity Clause. — This Act shall take effect fifteen (15) days
following its publication in two (2) newspapers of general circulation.

Approved,