Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.1C126
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Introduced by: Hon. Margarita Ignacia 8. Nograles
Explanatory Note
The Philippine penal laws provide retribution against the offender, protection to
the  public,  and  restitution  to  the  victim.  Restitution  has  the  objective  of placing  the
offended party in the same condition as he was before the offense was committed against
him. However, no amount of restitution can be made when life is taken. Life, once lost,
can  never  be  restored.  No  sufficient  reparation  or  indemnification  can  be  made  for
something  invaluable.  Nevertheless,  the  Revised  Penal  Code  provides  that  a  person
criminally liable for a felony is also civilly liable. Consequently, The Republic Act No. 386
or the ``Civil Code of the Philippines" provides compensation for the wrongful death of
a person whether caused by crime or quasi-delict.
Article 2206 of the Code, which was enacted in the year 1949, sets the minimum
amount at Three Thousand Pesos (P3,000.00). As time passes by, the Supreme Court in
multiple decisions increased the amount to P6,000.00, P9,000.00, P12,000.00 and in 1990,
to P50,000.00 or 75,000.00 when the crime is punishable by death penalty.
For a long time, the amount remained at P50,000.00 until in 2013 when the Court
in PcopJc zJ.  G#777Z7¢o,  G.R. No.  172707,  Ocfobcr 1, 2013, raised the minimum amount to the
rate of P100,00.00. Such amount is awarded as a matter of course for wrongful death,
without need of proof other than the fact of death resulting from crime or quasi-delict
and the fact that the accused was responsible for such death.
ALboul three yeaLrs later, the Court in People v. ]ugueta, G.R. No. 202124, April 5, 2016,
provided for a more comprehensive and detailed schedule of amounts as damages for
death  caused  by   a   crime   or   quasi-delict.   The   Supreme   Court  took  into   proper


consideration the stages of execution and gravity of the offenses, as well as the number
of victims in composite crimes. Other factors were weighed by the Court.
While the wording of the law and the decisions rendered by the Supreme Court
both  agree that  the  amount provided  is  only  the  minimum,  it has become  common
practice  for  our  courts  to  award  death  indemnity  as  well  as  moral  and  exemplary
damages only within the minimum amount. Hence, we are introducing amendments
clarifying that the amounts provided in the law are only the minimum and that courts
are empowered to use their discretion in granting a higher amount, based on the rate of
inflation and circumstances unique to the case. Without saying that human life or human
suffering  has  an  equivalent  price  or  cost,  the  minimum  amount  is  set  in  stone  at
P100,000.00.
The law must always evolve with the society. Unfortunately, Article 2206 is an
obsolete piece of legislation which no longer reflect the present realities. Change must be
made in order to keep the law relevant.
Hence, approval of the bill is eamestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.1G126
Introduced by: Hon. Margarita Ignacia 8. Nograles
AN ACT
INCREASING THE AMOUNT OF DAMAGES FOR DEATH CAUSED BY A CRIME
0F QUASI-DELICT, AMENDING FOR THE PURPOSE ARTICLE 2206 0F REPUBLIC
ACT NO. 386 0R 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 is hereby amended to read as follows:
Article 2206. The amount of damages for death caused by a crime or quasi-
delict shall be at least ONE HUNDRED THOUSAND PESOS, even though
there may have been mitigating circumstances. In addition:
XXX
SECTION 2. Rapc¢Jz.7ig CJ##sc. -All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, inconsistent with this Act are hereby
repealed, modified or amended accordingly.
SECTION  3. £#cc£!.t%.£y  a¢#sc. -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,