ART 19-36

What does Article 19 of the Civil Code provide (Principle of Abuse of Rights)?

Every person must, in the exercise of his rights and performance of his duties, act with justice, give everyone his due, and observe honesty and good faith

How is a "right" defined per MWSS v. Act Theatre?

A power, privilege, or immunity guaranteed under a Constitution, statute, or decisional law, or recognized by long usage, constitutive of a legally enforceable claim of one person against another

What two purposes do Articles 19-36 serve?

(1) Rightful relationship between human beings; (2) Stability of the social order

What is the Principle of Damnum Absque Injuria?

Damage resulting from the legitimate exercise of a person's rights is a "loss without injury" for which the law gives no remedy

On what is the Principle of Damnum Absque Injuria premised?

The valid exercise of a right

When does Damnum Absque Injuria NOT apply?

When there is abuse of a person's rights, or when the exercise of the right is suspended/extinguished by court order

What classical theory does the Principle of Abuse of Rights depart from?

"He who uses a right injures no one"

Under the modern tendency, can indemnity be granted for abuse of rights even when the act is not illicit?

Yes

What are the 3 standards set by Article 19?

(1) Act with justice;

(2) Give everyone his due;

(3) Observe honesty and good faith

What are the 3 elements of Abuse of Rights under Article 19?

(1) There is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another

What is essential to establish abuse of right?

Absence of good faith / showing of bad faith

What is "good faith" in this context?

An honest intention to abstain from taking unconscientious advantage of another, even through legal technicalities, with absence of information/belief of fact that would render the transaction unconscientious

What standard of proof is required to prove bad faith for moral damages?

Clear and convincing evidence (since the law presumes good faith)

Does Article 19 itself provide a remedy for its violation?

No; it lays down a rule of conduct, but the remedy is found in Articles 20 and 21

What does Article 20 of the Civil Code provide?

Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same

What is Article 20 known as?

The general sanction for all other provisions of law which do not especially provide their own sanction

Does Article 20 require the act to be willful, negligent, or both?

Either willful or negligent

What does Article 21 of the Civil Code provide (Acts Contra Bonus Mores)?

Any person who willfully causes loss or injury to another in a manner contrary to morals, good customs, or public policy shall compensate the latter for the damage

What are the 3 elements of Article 21?

(1) There is an act which is legal; (2) but contrary to morals, good customs, public order, or public policy; (3) done with intent to injure

What common element is shared by Articles 19 and 21?

The act must be intentional

Does Article 20 distinguish between willful and negligent acts?

No, Article 20 covers both

What gaps was Article 21 designed to fill, per Manuel v. People?

The "countless gaps in the statutes" leaving many victims of moral wrongs helpless despite suffering material and moral injury

Is a breach of promise to marry, by itself, an actionable wrong?

No, generally not actionable

Why did Congress eliminate the "Heart Balm" suits provision from the draft Civil Code?

Because such suits lend themselves to abuse by designing women and unscrupulous men, per De Jesus vs. Syquia

When can a breach of promise to marry become actionable via Article 21 due to fraud/deceit?

Where the man had no real intention to marry and used the promise as a deceptive device to obtain her consent to sexual relations, causing fraud and injury to her honor and reputation

When can the plaintiff recover expenses related to a broken promise to marry?

Where the plaintiff actually incurred wedding expenses upon the faith of the promise to marry

A man forcibly abducted and raped a woman, promised to marry her to escape liability, then reneged after 21 days of cohabitation

what is the legal effect?

On what Civil Code provisions is an action for malicious prosecution anchored?

Articles 21, 2217, and 2219(8) of the Civil Code

What two elements must both exist to justify a suit for malicious prosecution?

Malice and want of probable cause

What are the 3 requisites for malicious prosecution to prosper?

(1) Fact of prosecution, with defendant as prosecutor, terminated in acquittal; (2) Prosecutor acted without probable cause; (3) Prosecutor was actuated by legal malice or improper/sinister motive

What does Article 22 of the Civil Code provide (Unjust Enrichment)?

Every person who acquires or comes into possession of something at the expense of another without just or legal ground shall return the same

What is the Latin maxim for the doctrine of unjust enrichment?

"Nemo cum alterius detrimento locupletari potest" (no one should enrich himself at another's expense)

What is "Accion In Rem Verso"?

An action for recovery of what has been paid or delivered without just cause or legal ground

What are the 4 requisites of Accion In Rem Verso?

(1) The defendant has been enriched; (2) The plaintiff has suffered a loss; (3) The enrichment is without just or legal ground; (4) The plaintiff has no other action based on contract, quasi-contract, crime, or quasi-delict

What is Solutio Indebiti?

A quasi-contract under Article 2154 where if something is received when there is no right to demand it, unduly delivered through mistake, the obligation to return it arises

What essential element distinguishes Solutio Indebiti from Accion In Rem Verso?

Mistake in payment is essential in solutio indebiti but not necessary in accion in rem verso

What does Article 23 of the Civil Code provide?

Even when damage to another's property was not due to fault or negligence, the defendant shall be liable for indemnity if he was benefited through the act or event

Give the Code Commission's illustration of Article 23 liability

A flood drives A's cattle to B's cultivated highland without A's knowledge; A's cattle are saved but B's crops are destroyed

What kind of act is contemplated by Article 23?

An involuntary act, or an act which, though foreseen, could not have been avoided

What is the extent of liability under Article 23?

Only to the extent of the enrichment of the person benefited

What does Article 24 of the Civil Code provide?

In all contractual, property, or other relations, when one party is at a disadvantage due to moral dependence, ignorance, indigence, mental weakness, tender age, or other handicap, the courts must be vigilant for his protection

What Civil Code article supplements Article 24?

Article 1332, requiring the enforcer of a contract to show its terms were fully explained when a party cannot read or understand the contract's language, and mistake or fraud is alleged

What was the legislative intent behind Article 24?

To protect (1) the weak and uneducated who may have been taken advantage of, and (2) those who may have used undue influence in entering agreements

What does Article 25 of the Civil Code provide?

Thoughtless extravagance in expenses for pleasure/display during a period of acute public want or emergency may be stopped by court order at the instance of any government or private charitable institution

What are the 2 requisites before thoughtless extravagance may be prevented?

(1) There must be an acute public want or emergency; (2) The person seeking to stop it must be a government or private charitable institution

What does Article 26 of the Civil Code provide?

Every person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons; certain acts, though not criminal, produce a cause of action for damages, prevention, and other relief

What are the 4 acts enumerated under Article 26?

(1) Prying into the privacy of another's residence; (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition

Is the enumeration in Article 26 exclusive?

No, it is merely illustrative and does not preclude other similar or analogous acts

What philosophy underlies Article 26?

The necessity to exalt human personality, as the touchstone of every legal system is how far it dignifies man

What does Article 27 of the Civil Code provide?

Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages, without prejudice to disciplinary administrative action

Is a public officer generally personally liable for acts within the scope of his official authority?

No, as a general rule

What kinds of official wrongs does Article 27 cover?

Only refusal or neglect to perform official duties (nonfeasance)

What are the 4 requisites of an action under Article 27?

(1) Defendant is a public official charged with performance of official duties; (2) There is a violation of an official duty in favor of an individual; (3) There is willfulness or negligence in the violation; (4) There is injury to the individual

What state of mind does Article 27 presuppose on the part of the erring official?

Malice or inexcusable negligence

In Ledesma v. CA, why was a college president liable under Article 27?

For refusing in bad faith, despite directives, to graduate a student with honors the student had honestly earned

What does Article 28 of the Civil Code provide?

Unfair competition in agricultural, commercial, or industrial enterprises, or in labor, through force, intimidation, deceit, machination, or other unjust, oppressive, or highhanded methods, gives rise to a right of action by the person who suffers damages

Why is Article 28 necessary?

Necessary in a system of free enterprise to prevent unjust or highhanded methods that deprive others of a fair chance to engage in business

What does Article 29 of the Civil Code provide?

When the accused is acquitted because guilt was not proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted, requiring only a preponderance of evidence

What may the court require of the plaintiff upon motion of the defendant under Article 29?

A bond to answer for damages in case the complaint is found to be malicious

Under Article 1157(4) of the Civil Code, what is delict/crime?

One of the sources of obligations

What is the general rule on civil liability arising from crime?

Every person criminally liable for a felony is also civilly liable (Art. 100, RPC)

What two entities does a crime offend, under the traditional theory?

(1) Society/the State whose law was violated; (2) The individual member whose person, right, honor, chastity, or property was injured

What actually gives rise to civil liability, per the more accurate legal view?

Not the crime per se, but the obligation and moral duty to repair damage caused to another by one's act or omission

Does acquittal of the accused extinguish civil liability?

Not necessarily; the civil action based on delict is only extinguished if there is a finding that the act or omission from which civil liability may arise did not exist

In what 3 cases is civil liability NOT extinguished by acquittal?

(1) Acquittal based on reasonable doubt; (2) Where the court declares the accused's liability is only civil, not criminal (e.g., certain relatives in estafa/theft/malicious mischief); (3) Where civil liability does not arise from or is not based on the criminal act for which the accused was acquitted

What are the 4 assumptions/requisites presupposed by Article 29?

(1) Offended party opted to recover damages based on civil liability arising from the crime under Art. 100 RPC; (2) He opted to institute the civil action with the criminal action; (3) The accused was acquitted on reasonable doubt; (4) The ground of acquittal was declared by the court or clearly inferable from the text

Per Padilla v. Court of Appeals, must civil liability based on Article 29 be recovered through a separate civil action?

No, the court may render judgment on civil liability in the same criminal case where the accused was acquitted on reasonable doubt

What does Article 30 of the Civil Code provide?

When a separate civil action is brought to demand civil liability from a criminal offense, and no criminal proceedings are instituted during the civil case's pendency, a preponderance of evidence suffices to prove the act complained of

What does Article 31 of the Civil Code provide?

When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings, regardless of the result of the latter

Per Justice Capistrano, does Article 31 itself provide for an independent civil action?

No; the independent civil actions are those in Articles 32, 33, and 34

What is a quasi-delict/culpa aquiliana?

A separate legal institution under the Civil Code, entirely apart and independent from delict or crime

Can the same negligent act give rise to both civil liability from crime AND a quasi-delict action?

Yes, but the offended party cannot recover damages under both (Art. 2177)

Does acquittal of the accused in a criminal case extinguish civil liability based on quasi-delict?

No

Does Article 31 also apply to culpa contractual (contractual negligence)?

Yes

What articles provide for Independent Civil Actions?

Articles 32, 33, 34, and 2176 of the Civil Code

What standard of proof is required for independent civil actions?

Only a preponderance of evidence

Can the offended party recover damages twice for the same act/omission in an independent civil action and a criminal action?

No

What does Article 32 of the Civil Code provide?

Any public officer or employee, or private individual, who directly or indirectly obstructs, defeats, violates, or impedes/impairs certain constitutional rights and liberties of another shall be liable for damages

Name several rights protected under Article 32

Freedom of religion, speech, and the press; freedom from arbitrary detention; freedom of suffrage; right against deprivation of property without due process; right to just compensation; right to equal protection; right against unreasonable searches and seizures; liberty of abode; privacy of communication; right to form associations; right to peaceable assembly; freedom from involuntary servitude; right against excessive bail; rights of the accused to counsel and speedy trial; freedom from self-incrimination; freedom from excessive fines/cruel punishment; freedom of access to courts

Under Article 32, whether or not the act constitutes a criminal offense, what right does the aggrieved party have?

The right to commence an entirely separate and distinct civil action for damages and other relief, independent of any criminal prosecution

What kind of damages does the indemnity under Article 32 include?

Moral damages; exemplary damages may also be adjudicated

Is a judge liable under Article 32 for erroneous acts done in good faith?

No; not demandable from a judge unless his act/omission constitutes a violation of the Penal Code or other penal statute

What are the 2 kinds of duties exercised by public officers?

(1) Duty owing to the public collectively (body politic); (2) Duty owing to particular individuals

When can an individual sue a public officer for improper performance of a duty owed to the public generally?

Only when the individual suffers a particular or special injury on account of the officer's improper performance/non-performance

What are the 3 elements of a cause of action?

(1) A right in favor of the plaintiff; (2) An obligation on the defendant to respect or not violate such right; (3) An act or omission by the defendant violating that right

Is good faith / lack of malice a valid defense under Article 32?

No; the object of the article is to end official abuse by the plea of good faith

When may judges be held criminally or administratively responsible for their official acts?

Only when they act fraudulently, corruptly, or with gross ignorance

What does Article 33 of the Civil Code provide?

In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate from the criminal action, may be brought by the injured party, requiring only a preponderance of evidence

Does an acquittal in a criminal case bar a civil action for damages under Article 33?

No, since one may not be criminally liable and still be civilly liable

Is the civil action under Article 33 ex delicto?

Yes, as shown by the use of the terms "criminal action" and "criminal prosecution"

How should the terms "defamation" and "fraud" in Article 33 be understood?

In their ordinary/generic sense; fraud can include estafa, defamation can include libel

How should the term "physical injuries" in Article 33 be understood?

In a generic sense, not limited to the crime of physical injuries under the RPC; it includes consummated, frustrated, and attempted homicide

Per Corpuz vs. Paje, is criminal negligence (reckless imprudence) included in Article 33?

The Court initially ruled it is NOT one of the three crimes mentioned (though this ruling was later questioned in Madeja vs. Caro)

Per Madeja vs. Caro, may a civil action proceed independently even if the crime charged is "homicide thru reckless imprudence"?

Yes

What does Article 34 of the Civil Code provide?

When a member of a city or municipal police force refuses or fails to render aid or protection to any person in danger to life or property, the peace officer shall be primarily liable for damages, and the city/municipality subsidiarily responsible

What standard of proof applies to an action under Article 34?

A preponderance of evidence

Is the civil action under Article 34 independent of criminal proceedings?

Yes

What does Article 35 of the Civil Code provide?

If a person claiming injury by a criminal offense (for which no independent civil action is granted) charges another, but the justice of the peace finds no reasonable grounds or the prosecutor fails to file charges, the complainant may bring a civil action for damages

What may the court require of the plaintiff under Article 35 upon defendant's motion?

A bond to indemnify the defendant should the complaint be found malicious

What happens to the civil action under Article 35 if an information is later filed by the prosecutor?

It shall be suspended until termination of the criminal proceedings