CHAPTER 2 HUMAN RELATIONS existing contractual

Art. 19-21 Human Relations obligatios”

 Art. 19- Principle of Abuse of rights o Art. 2176- concept of Quasi-delict
o Set standards which must be  Elements:
observed in the exercise of one’s 1. An act/omission
rights and performance of one’s 2. Presence of
duties: fault/negligence in the
1. To act with justice performance or non-
2. To give everyone his due performance of the act.
3. To observe honesty and good 3. Injury
faith. 4. Causal connection
 Damnum Absque Injuria- damage resulting between the negligent act
from the legitimate exercise of a person’s and the injury
rights is a loss without injury. 5. No preexisting
o Does not prescribe a remedy for the contractual relations.
loss.  Breach of promise to marry, is it
 Having the right is not equal to the manner actionable?
in which such right is to be exercised. o General rule: It is not an actionable
 Elements of abuse of rights: right
1. The existence of a legal right or a duty.  Exceptions
2. Which is exercised in bad faith 1. If there is moral seduction
3. For the sole intent of prejudicing or injuring  No moral seduction
another. exist when a woman
 Good faith is presumed. Hence, he who voluntarily gave
alleges bad faith has the burden of proving it. herself to the man
 Bad faith- involves dishonest purpose or because of love and
some moral obloquy and conscious doing of mutual passion.
a wrong, a breach of known duty due to some 2. If it is contrary to good
motives/interest or ill will that partakes the customs
nature of fraud. 3. If expenses are actually
 Comparing Arts. 19, 20 & 21 incurred.
Art. 19 Art. 20 Art. 21 4. When a woman was
Lays down The general Deals with forcibly abducted and
the rule of sanction for acts contra raped.
conduct for all other bonus mores;  Malicious Prosecution
the gov’t of provisions of Act must be o Requisites
human the law which intentional 1. The fact of prosecution and the
relations and do not further fact that the defendant
for the provide for himself was the prosecutor and
maintenance their own that the action was finally
of social order sanctions. terminated with acquittal.
Act must be Does not Elements: 2. The prosecutor acted without
intentional distinguish 1. An act probable cause.
between acts which is 3. Prosecutor was actuated or
done “wilfully legal. impelled by legal malice that is
or 2. But which improper or sinister motive.
“negligently” is Art. 22-23- Accion in rem verso
contrary  Nemo ex alterius icommade debet lecupletari
to morals, (No man ought to be made rich out of
good another’s injury)
customs,  Accion in rem verso- recovery of what has
public been paid or delivered w/o just cause or legal
order or ground pursuant to Art. 22 od the New Civil
public Code; considered an auxiliary action (can
policy. only be availed as a last resort = no other
3. Done with remedy on contract, quasi-contratc, crime
intent to or quasi-delict).
injure. o Requisites:
 Comparing Art. 20 and 2176 1. Defendant has been enriched.
Art. 20 Art. 2176 2. Plaintiff has suffered a loss.
Violation of existing Applies when the 3. The enrichment of the
law as basis for an injury negligent act causing defendant is w/o just or legal
damage to another does ground.
not constitute “breach 4. Plaintiff has no other action
if an existing law/pre- based on contract, quasi-contract
or quasi-delict.
  Accion in rem verson vs. Solutio Indebiti 1. Prying into the privacy of another’s
o Similiarities: residence.
1. Both are based on the principle 2. Meddling with or disturbing the private life
of unjust enrichment. or family relations of another.
2. The plaintiff suffered a loss 3. Intriguing to cause another to be alienated
3. Defendant has been enriched. from his friends.
4. Enrichment of the defendant is 4. Vexing or humiliating another on account
unjust, because delivery/payment of religious beliefs, lowly status in life,
to him is w/o legal/just cause. place of birth physical defect or other
Accion in rem Solutio Indebiti personal condition.
verso (Art. 2154)  This enumeration is not conclusive.
( Art. 22) Art. 27- Liability of Public Servants or Employees
The obligation of The obligation of the  General rule: a public officer is not
the debtor to return debtor to return the undue personally liable to one injured in
the undue payment payment is based on consequences of an act performed within
is based on law. quasi-contract. the scope of his official authority and in line
Undue payment is Undue payment must with his official duty.
by reason of a have been made by o Exception: Non-feasance- refusal or
mistake of law reason of either mistake neglect, without just cause, to perform
that is not of fact or mistake in the his official duty
doubtful nor construction/application  w/o prejudice to the
difficult. of a doubtful/difficult administrative case that
question of law. may be filed. (attributable to
Undue Payment is Undue Payment is a malice or inexcusable
not necessarily a mistake. negligence)
mistake.  Requisites:
 Liability w/o Fault or Negligence 1. Defendant is a public
o Art. 23 official charged with the
o Likewise seeks to prevent unjust performance of official
enrichment. duties.
o An involuntary act because of its 2. There is a violation of an
official duty in favor of
character, generally, cannot create an
an individual.
obligation. But when by such act, its
3. There be willfulness or
author has been enriched, it is a
negligence in the
source of indemnification.
violation of such official
Art. 24- Protection of the Disadvantaged
duty
 Calls on the court to be vigilant in the
4. There is injury to an
protection of the rights of those who are
individual.
disadvantaged in life.
Art. 28- Unfair Competition
 Supplemented by Art. 1332 of the Civil Code.
 Broader than the Intellectual property laws in
 When one of the parties is any of the ff. the terms of the concept of Unfair competition.
person enforcing the contract must show
 Unfair competition = use of force,
that the terms of the contract have been
intimidation, deceit, machination and any
explained to the former:
other unjust, oppressive or high-handed
o Unable to read
method.
o Contract is in a language not
 Arises not from mere competition, but the
understood by him. methods used to deprive others of a fair
o Mistake or fraud is alleged. chance to engage in business or to earn a
 Legislative Intent: protect both those who are living.
found weak and uneducated may have been  Requisites:
taken advantage of by others. 1. It must involve an injury to a competitor
Art. 25- Thoughtless Extravagance or trade rival
 Before thoughtless extravagance may be 2. It must involve acts which are
prevented, the following requisites must be characterized as contrary to good
present: conscience or shocking to judicial
1. There must be an acute public want or sensibilities.
emergency. Art. 29- Civil Liability Arising from Criminal
2. The person seeking to stop it must be a Offenses
government or private charitable  A person criminally liable is civilly liable.
institutions. o Criminal liability- guilt beyond
Art. 26- Protection of Human Dignity reasonable doubt.
 Enumerated by Art. 26 as violations that may o Civil liability- preponderance of
produce a cause of action for damages, evidence
prevention and other relief: (PPAV)
  Basis: when a person commits a crime he o When Civil action is instituted PRIOR
offends the state and the individual to criminal action.
member.  The civil action shall be
 Criminal liability will give rise to civil liability suspended in whatever stage
only if the same felonious act or omission it may be found before
results in damage or injury to another and is judgment on the merits.
the direct and proximate cause thereof.  Suspension shall last until
 Acquittal of the accused and its different the final judgment is
effects on the civil liability: rendered in the criminal
o Accused is not the author of the act action.
or omission complained of = no civil  Anytime before the
liability may arise judgment of the criminal
o Reasonable doubt = not exempt from action, the civil action may
civil liability based on delict be instituted with it.
 Civil liability may only be  How? Motion by the
extinguished when it includes offended party.
a declaration that the facts  Acquittal of the accused (accused not the
from which the civil liability author of the act or omission/reasonable
arose did not exist. doubt), does not carry with it the extinction of
 Art. 29 presupposes that: the civil liability based on QUASI DELICT
1. The private offended party opted to o Responsibility arising from fault or
recover his damages on the basis of the negligence in a quasi-delict is entirely
offender’s civil liability arising from the separate and distinct from the civil
crime he committed under Art. 100 of the liability arising from negligence under
RPC the Penal Code.
2. He also opted to institute his civil  Same negligence can give rise to either a
action based thereon, expressly or delict or quasi-delict, either may be enforced.
impliedly with the criminal action. o Limitation: Art. 2177 of the CC- a
3. Accused was acquitted in the criminal party cannot recover damages
action based on reasonable doubt as to under both types of liability.
his guilt. Art. 32-34 Independent Civil Actions
4. The said ground of acquittal was  shall require preponderance of evidence.
declared by the court in its judgment or  The offended party may not recover
is clearly inferable from the text thereof. damages twice for the same act or
 There is no need for separate action for civil omission charged in the criminal action.
liability when the accused is acquitted for  Civil Damages under Art. 32 (Violation of
reasonable doubt. Constitutional Liberties)
Art. 30-31- Institution of Civil Action Ex Delicto o When is a public official personally
 Rule of implied institution liable?
o General rule: when a criminal action  On account of an act or
is instituted, the civil action for the omission that violates the
recovery of civil liability arising from constitutional rights only if it
the offense charged shall be deemed results in a particular
instituted, unless the offended party wrong or injury to the
 Waives the civil action. victim.
 Reserves the right to institute o Good faith is not a defense in Art. 32
it separately. since it is not necessary that the
 Institutes the civil action defendant should have acted with
prior to the criminal action. malice or bad faith.
o What is instituted is the action  Civil damages totally unrelated to Criminal
based on DELICT. aspects of the case
o When Civil action is RESERVED. o Civil action allowed to be instituted is
 When must be reserved? ex delicto.
 Before the Art. 34-35- Prejudicial Question
prosecution starts  Prejudicial question- one which arise in a
presenting evidence. case, the resolution of which question is logical
 Under circumstances antecedent of the issue involved in the said
affording the offended case.
party a reasonable  Elements:
opportunity to make o The previously instituted civil action
such reservation. involves an issue similarly or
 When can it be instituted? intimately related to the issue
After the final judgment has raised in the subsequent criminal
been entered in the criminal action.
action.
 o The resolution of such issue
determines WON the criminal action
may proceed.
 Suspension of proceedings
o A petition for suspension of the
criminal action based on the pendency
of a prejudicial question in a Civil
action may be filed in the Office of the
prosecutor or court conducting the
preliminary investigation.
o When the criminal action has been
filed in court for trial, the petition to
suspend shall be filed in the same
criminal action at any time before
the prosecution rests.
o Suspension and not dismissal.
 Nature of pending action
o General rule: Prejudicial question
may only be present in a civil action +
criminal action (in the same order)
 Exception: prudence dictates
that the principle of the
underlying doctrine shall be
applied.