Personal Injury Claims in the Philippines: Damages, Evidence, and Prescriptive Periods

This guide surveys the core rules, doctrines, and practical steps that shape personal-injury claims in the Philippines. It covers fault standards, parties who may be liable, types of recoverable damages, evidentiary requirements (including electronic evidence), and the time limits (prescriptive periods) to sue. It’s written for civil actions in Philippine courts and paired administrative/insurance claims.

1) Legal Foundations and Who Can Be Liable

A. Sources of liability

Quasi-delict (tort) — Civil Code Art. 2176: whoever by act or omission causes damage to another through fault or negligence is obliged to pay for the damage.
Breach of contract (culpa contractual) — e.g., carriers and hospitals with patient contracts; a breach causing injury gives rise to contractual damages even without proving specific negligence, though negligence often features in proof.
Civil liability arising from crime (ex delicto) — When a criminal act causes injury, civil liability is generally adjudicated with or after the criminal case, or pursued separately in certain instances.
Independent civil actions — Civil Code Arts. 32, 33, 34 allow civil suits independent of criminal proceedings for specified violations (e.g., defamation, physical injuries, unlawful acts by public officers). Art. 2177 bars double recovery for the same act.

B. Vicarious and special liabilities

Employers — Art. 2180: primarily and solidarily liable for employees’ negligent acts in the scope of duties, unless they prove due diligence in selection and supervision.
Parents/guardians, school heads, and owners of establishments — also covered by Art. 2180 in defined settings.
Manufacturers, producers, and sellers — Art. 2187: liable for death/injuries due to defects in food, drink, or similar goods even without proof of negligence (a form of strict liability).
Common carriers — Owe extraordinary diligence toward passengers; exculpatory clauses for negligence are generally void.
Government & LGUs — The State is suable only with consent; money claims against the government typically must first be filed with the Commission on Audit (COA). LGUs and government-owned or-controlled corporations follow special rules; consult the enabling statute and the Local Government Code.

2) Fault, Causation, and Defenses

A. Standards and doctrines

Negligence: failure to observe the care a reasonably prudent person would under similar circumstances; in carriers/hospitals, standards rise according to the relationship.
Proximate cause: the active, efficient cause that sets in motion a chain of events unbroken by an efficient intervening cause.
Res ipsa loquitur: the thing speaks for itself—applies when (i) the accident is of a kind that ordinarily does not occur absent negligence, (ii) caused by an instrumentality within defendant’s exclusive control, and (iii) not due to plaintiff’s voluntary action.
Emergency doctrine: a person faced with sudden peril not of their own making is not negligent for a choice that, in hindsight, was less than optimal.
Negligence per se: violation of a safety statute/regulation is evidence of negligence when it causes the harm the rule intended to prevent.

B. Mitigation and bars to recovery

Contributory negligence (Art. 2179): reduces, but does not bar, recovery if the plaintiff’s negligence contributed to the injury, unless plaintiff’s negligence was the immediate and proximate cause (then recovery may be barred).
Assumption of risk: informed and voluntary acceptance of a specific risk; narrowly applied.
Independent contractor defense: employers are generally not liable for independent contractors’ negligence, subject to exceptions (e.g., inherently dangerous work, control retained).
Fortuitous events: no liability for acts of God, unless negligence concurred.
Waivers & releases: cannot waive liability for future negligence in many protected relationships (e.g., carriers). Settlement releases must be knowing and supported by consideration.

3) Damages: What You Can Recover and How to Prove Them

Philippine law recognizes both pecuniary (economic) and non-pecuniary (moral/exemplary/nominal) damages, plus interest and attorney’s fees in specific instances.

A. Pecuniary (economic) damages

Medical and rehabilitation expenses
- Hospital bills, professional fees, therapy, assistive devices, home modifications.
- Proof: official receipts, hospital statements of account, physician certifications, SSS/PhilHealth/ECC records when relevant.
Loss of income / earning capacity
- For temporary total disability: actual lost wages (pay slips, employer certification, tax returns).
- For permanent impairment: net earning capacity = Life Expectancy × (Gross Annual Income − Necessary Living Expenses).
  - Life Expectancy often computed as (2/3) × (80 − age at injury/death).
  - In the absence of specific proof, courts commonly peg necessary living expenses at 50% of gross income.
  - For informal earners, credible testimony plus corroboration (e.g., barangay certifications, client invoices) may suffice.
Household and nursing services
- Compensable where injury necessitates paid care or family members forego work to care for the victim (supported by receipts or credible valuation).
Property damage
- Vehicle repairs (estimates + final receipts), gadgets, prosthetics, clothing, and other chattels damaged in the incident.

B. Moral, exemplary, nominal, temperate damages

Moral damages (Art. 2217): for physical suffering, anxiety, mental anguish, social humiliation, or similar injury. In personal-injury and malicious-act cases, awards depend on credible testimony and surrounding circumstances.
Exemplary damages (Art. 2232): to set an example or correct egregious behavior; require proof of gross negligence or wanton acts.
Nominal damages (Art. 2221): vindicate a technical right when no significant loss is proven.
Temperate/moderate damages (Art. 2224): when some pecuniary loss is certain but the exact amount cannot be proven (e.g., partial medical expenses with incomplete receipts).

C. Interest and attorney’s fees

Legal interest: Courts generally apply 6% per annum legal interest; timing depends on whether the amount is liquidated/ascertainable and whether judgment is final (follow the Nacar framework).
Attorney’s fees & litigation expenses (Art. 2208): recoverable only in specific cases—e.g., defendant’s act/omission forced litigation, bad faith, exemplary damages awarded, or when a statute/contract provides for it. Courts must justify any award.

D. Special contexts

Common carriers: Presumption of negligence arises from injury to passengers; carriers must show extraordinary diligence. Damages often include moral and exemplary components.
Medical malpractice: Usually requires expert testimony on the standard of care and breach, unless within common knowledge or res ipsa applies (e.g., foreign object left in body). Hospitals may be directly liable for corporate negligence (e.g., inadequate protocols) and vicariously liable for physicians depending on engagement structure.
Product liability (Art. 2187): No need to prove negligence; show defect + causation + injury.
Road crashes & motor insurance: Compulsory Motor Vehicle Liability Insurance (CMVLI) offers no-fault benefits up to policy limits, with separate claims against the negligent party for full damages. Policy notice and proof-of-loss requirements are critical.

4) Evidence: Building and Presenting Your Case

A. Core evidentiary themes

Burden of proof: preponderance of evidence in civil cases.
Causation: tie every claimed damage to the incident with medical causation (physician certifications), chronological records, and consistent witness accounts.
Authenticity: demonstrate the source and integrity of documents, photos, videos, and ESI (electronically stored information).

B. Typical evidence checklist

Incident documentation
- Police/traffic reports, barangay blotter, incident reports, safety logs, employer accident logs.
- Photographs/video of the scene, vehicles, skid marks, CCTV or dashcam footage.
- Names/contacts of witnesses; sworn statements.
Medical records
- ER notes, admission/discharge summaries, operative reports, diagnostic imaging with readings, PT/OT progress notes, disability ratings.
- Medico-legal certificates (injury classification, days of medical attention/illness, deformity or loss of use).
Economic loss proof
- Payslips, income tax returns, employer certifications, business permits, invoices, ledger entries, digital payment histories.
- For self-employed: affidavits with corroboration (clients, contracts, GCash/bank statements).
Property damage
- Repair estimates and final receipts, pre- and post-repair photos, appraisal reports.
Insurance
- Policy (CMVLI/CTPL, comprehensive, personal accident), claims forms, adjuster reports, insurer correspondence (keep proof of notice and denial).
Electronic and digital evidence
- Rules on Electronic Evidence apply: authenticate through testimony of a person with knowledge, system descriptions, or hash/integrity certifications. Printouts of electronic documents and photographs are admissible equivalents if properly authenticated.

C. Hearsay and exceptions (restyled 2019 Rules on Evidence)

Business entries made in the regular course of business, official records, part of res gestae, dying declarations (in appropriate cases), and admissions are classic exceptions.
Expert testimony is generally indispensable in medical malpractice and technical causation cases (e.g., biomechanics), except where res ipsa or common knowledge suffices.

D. Litigation process points

Barangay conciliation: Required for many civil disputes between natural persons residing in the same city/municipality, unless an exception applies (e.g., the defendant is a juridical person; urgent legal action; parties from different cities/municipalities; the dispute is not within the lupon’s authority). Secure a Certificate to File Action if required.
Venue & jurisdiction: After RA 11576 (2021), MTCs generally take cases up to ₱2,000,000; RTCs handle those above (amount is based on the principal demand; if the action is incapable of pecuniary estimation, RTC has jurisdiction).
Pleadings: In tort, plead duty, breach, causation, damages with material facts. Attach supporting documents when available (subject to formal offer at trial).
ADR & Court-Annexed Mediation/JDR: Expect mandatory mediation and, in many RTCs, Judicial Dispute Resolution, where realistic settlement ranges should be presented with documentation.

5) Prescriptive (Limitation) Periods

Understanding when to sue is as important as how to sue. Key baselines:

Quasi-delict (Art. 2176): 4 years from accrual of the cause of action (typically the date of injury). Some jurisprudence applies discovery principles in niche contexts (e.g., foreign object in surgery), but don’t rely on this unless clearly applicable.
Independent civil actions (Arts. 32, 33, 34): generally 4 years.
Breach of written contract (Art. 1144): 10 years from breach (e.g., carriage, hospital/patient contracts if framed as contractual).
Oral contracts (Art. 1145): 6 years.
Civil action ex delicto: follows the prescription of the crime, with civil liability commonly adjudicated in or after the criminal case; if the civil action is reserved or separately filed, mind the criminal law’s prescriptive rules.
Insurance policy suits: policy-stipulated suit limitation clauses (often 1 year from final denial) are generally enforceable if reasonable; always check the policy and the Insurance Code.
COA money claims (vs. government): file within COA’s rules; separate civil suits in courts may be dismissed for prematurity if COA primary jurisdiction applies.

Tolling/Interruption (Art. 1155) Prescription is interrupted by: (a) filing of an action; (b) written extrajudicial demand by the creditor; or (c) written acknowledgment of debt/liability by the debtor. Disabilities (e.g., minority) can suspend running in specific contexts under the Civil Code.

Accrual nuances The period generally runs from when the injury and the tortfeasor are reasonably knowable. In medical malpractice, consider when the patient discovered (or should have discovered) the injury and negligent cause; but treat this cautiously and file early.

6) Practical Roadmap: From Accident to Judgment

Immediate care & documentation
- Seek medical attention; request medico-legal assessment where appropriate.
- Report to police/barangay; gather scene photos/videos and witness details.
Preserve and collect evidence
- Keep original receipts; request certified medical abstracts and imaging.
- Retrieve CCTV/dashcam promptly (most systems auto-overwrite in days).
Notify insurers and liable parties
- Send prompt written notice to insurers (CMVLI, comprehensive, PA) and to potential defendants; track delivery (registered mail/courier/email with acknowledgment).
Evaluate theories and defendants
- Tort vs. contract; employer liability; product liability; public officer liability; governmental immunity/COA route.
Compute damages
- Itemize medicals, lost income (past/future), household services, property damage; assess moral/exemplary based on conduct and suffering; apply net earning capacity formula when relevant.
Check prescription
- Diary the 4-year tort baseline (earlier in insurance suits), 10-year contractual baseline, and any policy suit limitation dates; interrupt prescription with a written demand if needed.
Barangay conciliation (if required)
- If both parties are natural persons in the same city/municipality and no exception applies, file for conciliation and obtain the Certificate to File Action.
File the case
- Choose venue properly; quantify damages to establish court jurisdiction. Attach affidavits/medical certifications where strategic. Prepare for court-annexed mediation/JDR.
Trial & proof
- Present witnesses in logical order: fact witnesses (occurrence), treating physicians (causation), experts (standards and permanency), accountants/economists (loss quantification). Authenticate ESI per the Rules on Electronic Evidence.
Judgment, interest, and enforcement

Expect 6% legal interest (as applicable). For enforcement, explore garnishment, levy, and examination of judgment debtor. For insurers, comply with policy conditions and the Insurance Code.

7) Frequently Litigated Issues (With Quick Answers)

Can I sue both the driver and the employer? Yes—solidary liability may attach under Art. 2180 if the act occurred within the scope of employment and due diligence is not proven.
Do I need an expert for medical malpractice? Usually yes, unless the negligence is within common knowledge or res ipsa applies.
I lost most receipts—am I doomed? Not necessarily. You may seek temperate damages for certain pecuniary loss and use secondary proof (hospital ledgers, physician affidavits, pharmacy statements, digital payment records).
What if I was partly at fault? Art. 2179 reduces damages proportionately; you can still recover unless your negligence was the proximate cause.
Are dashcam/CCTV clips admissible? Yes, if authenticated (person with knowledge or system integrity testimony) under the Rules on Electronic Evidence.
How long do I have to claim against my insurer? Follow policy timelines (notice, proof of loss, and suit limitation—often one year from final denial). File early.

8) Templates & Checklists (use and adapt)

A. Initial demand letter (high-level skeleton)

Facts of incident (date, time, place; parties involved).
Liability theory (Art. 2176 / 2180 / contractual breach / product defect).
Itemized damages to date (medicals, lost income, property).
Ongoing losses and need for future care.
Demand to preserve evidence (CCTV, telematics, maintenance logs).
Deadline to respond; notice that legal action will follow.

B. Evidence preservation notice (to businesses/insurers)

Identify incident and potentially relevant systems (CCTV, EDR/telematics, maintenance records, training logs, incident reports).
Demand immediate suspension of routine deletion and overwriting.
Request copy/inspection arrangements by a date certain.

C. Damages worksheet (headings)

Medical: ER, inpatient, outpatient, diagnostics, therapy, meds, assistive devices.
Work losses: days off × daily rate; self-employed income variance (before vs. after).
Future losses: physician prognosis; impairment rating; vocational impact narrative.
Household services: hours/week × reasonable rate.
Property: estimates + final receipts.
Non-pecuniary: narrative of pain/suffering, lifestyle impact, psychological sequelae.
Interest and attorney’s fees (grounds under Art. 2208).

9) Final Pointers

File early and interrupt prescription if negotiations drag.
Quantify, corroborate, and connect every peso to the injury and to the defendant’s conduct.
Anticipate defenses (contributory negligence, independent contractor, fortuitous event) and gather counter-proof from day one.
Respect policy conditions in insurance claims—late notice or incomplete proof can sink otherwise valid claims.
Settlement: arrive with a documented valuation (low/target/walk-away), structured payments if needed, and clear releases that match the scope of claims you intend to end.

This article focuses on civil remedies and mainstream procedural/evidentiary rules. Always align strategy with the latest jurisprudence, local court practice, and the exact facts and contracts at hand.