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Persons and Family Relations

CIVIL CODE OF THE PHILIPPINES


CHAPTER 2 ARTICLES 20-36 Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. WILLFUL OR NEGLIGENT ACTS The article punishes illegal acts whether done willfully or negligently. Thus, in the law of torts or quasi-delicts whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. NEGLIGENCE the failure to observe for the protection of the interests of another person that degree of care, precaution and vigilance which the circumstances greatly demand, whereby such other person suffers injury. See (Corliss v. Manila Railroad Company, L21291, March 28, 1969, 27 SCRA 674, 680) TORT - act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. ART. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. 21 was intended to fill in the countless gaps of the statutes, which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury.

Deals with acts contra bonus mores , and has the following elements 1) There is an act which is legal; 2) but which is contrary to morals, good custom, public order, or public policy 3) and it is done with intent to injure. Thus, under any of these three (3) provisions of law, an act which causes injury to another may be made the basis for an award of damages. Article 21 Distinguished from Article 20 In Art. 21 the act is contrary to morals, good customs, or public policy. In Art. 20 The act is contrary to law. In Art. 21 the act is done willfully In Art. 20 the act is done either willfully or negligently EXAMPLE A student willfully humiliates a professor, causing her to have a nervous breakdown. This would be contrary to good customs and morals, and the professor can sue for damages. ART. 22. Every person who through an act or performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

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Persons and Family Relations profits of the injured party because defendant enrichment is the limit of his liability.

Duty to return What Was Acquired Unjustly or Illegally No person should unjustly enrich himself at then expense of another. Accion in rem verso get back what he had intentionally (but unwillingly) paid. Essential Requisites of an Accion in Rem Verso 1. One party must be enriched and the other made poorer 2. There must be a casual relation between the two 3. The enrichment must not be justifiable 4. There must be no other way to recover (so if, for example, a tort or quasi-contract action is proper, it is not necessary to file a claim in rem verso) 5. The indemnity cannot exceed the loss or enrichment, whichever is less. ART. 23. Even when an act or event causing damage to anothers property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. EXPLANATION: This article is based on equity. An in voluntary article because of its character cannot generally create an obligation but when by such acts its author has been enriched, is only just that he should indemnify for the damages caused, to the extent of his enrichment. The indemnity does not include unrealized
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Duty to indemnify even if the event causing damage was not due to the fault or negligence of the defendant, but because he received EXAMPLE Without Wolverines PLE knowledge, a flood drives his cattle to the cultivated highland of Cyclops. Wolverines cattle are saved, but Cyclops crops are destroyed. True, Wolverine was not at fault, but he was benefited. It is but right and equitable that he should indemnify Cyclops ART. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Article 24 of the Civil Code extends the mantle of legal protection to a wider area and qualifies at the same time the rigid rule of equality Reason for the Courts Protection of the Underdog The law takes a great interest in the welfare of the weak and the handicapped. Thus, we have parens patria. PARENS PATRIA literally means father or
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Persons and Family Relations parent of his country. The phrase refers to the sovereign power of the state in safeguarding the rights of person under disability, such as the insane and the incompetent. The State as parens patriae is under the obligation to minimize the risk to those who because of their minority, are yet to take care of themselves. ART. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. REASON FOR CURTAILING THOUGHTLESS EXTRAVAGANCE Thoughtless extravagance during emergencies may incite the passions of those who cannot afford to spend. Who can bring the action? Only a charitable institution (whether government or private) may bring the action. ART. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of anothers residence; (2) Meddling with or disturbing the private life or family relations of another;
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(3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. This article enhances human dignity and personality. Social equality is not sought, but due regard for decency and propriety. This article was enacted so as to prevent people from meddling with other peoples lives, which would consequently lead to negative consequences to the latter. Through this article, it clearly states that every individual must not interfere or try to be so nosy about other peoples lives. Respect for ones PRIVACY and INDIVIDUALITY is what is being pursued by the article. Remedies for such violation are action for damages, action for prevention, any other relief. Regardless of the presence of a crime, a civil action may be instituted where moral damages may be obtained. The first paragraph - Prying into the privacy of anothers residence does not solely mean respect with regards to the dwelling of the individual. It likewise includes respect for another persons name, picture or personality except in so far as needed for publication of
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Persons and Family Relations information and pictures of legitimate news value. An example is when A told other people negative things about B which have no truth at all, a case then, may be filed against A. The second paragraph - Meddling with or disturbing the private life or family relations of another includes alienation of the affections of the husband or wife. One clear example is when A makes love with B, who is married to C, even without any commitment and the relationship is just carnal in nature. The fact that A interferes with Bs family life causes a disturbance in the harmony among its members. Thus, damages may be asked of A. Intriguing against anothers honor (gossiping) is also included. The third paragraph - Intriguing to cause another to be alienated from his friends included gossiping and reliance on hearsay. This means that talking about someone without any factual basis, especially about demoralizing and degrading claims, which may lead to the abandonment or avoidance of his friends, workmates, etc., an action against the person may be sought. Lastly, the fourth paragraph - Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition aims to promote equality among all members of the society regardless of religion, economic status, physical defect and other possible factors that may be subject to humiliation. This statement aspires to make everyone realize that any of the said conditions (including similar cases) would not be reason enough to humiliate other people. ART. 27. 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 and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. EXPLANATION This article refers to a public servant. Its purpose is to end the pabagsak or bribery system where public officials delay or refuse to do their duties until some kind of pabagsak is given to them. Three kinds of bribes are identified (from a speech of Japanese Time Manila Mayor Leon Guinto). First, the pabagsak which is a gift, usually cash, given so that an illegal thing may be done. This serves as a payment for an act the principal wishes to be accomplished. The second kind is the pampadulas which is a gift given to facilitate or expedite the doing of a legal thing. Typically, this is given when the principal wants to have the particular
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Persons and Family Relations procedure he/she needs be done with the shortest time possible. Lastly, the pampasalamat. This refers to a gift given in appreciation a thing already done. Because of this bribery system, there comes a higher tendency that public servants will be expecting to receive some kind of a bribe before, during or after doing their due tasks. Another thing is that there must be refusal or neglect without just cause but if duty is performed, Art. 27 does not apply. . An employee whose work is being delayed or slowed-down by doing other unnecessary things (like talking/gossiping with other co-employees during work-time) could be subject to an action applying this article. The employee would also be responsible for any loss or damage the complainant might sustain due to such neglect. EXAMPLE For example, A goes to a government office where B, an administrative clerk, instead of attending to A (upon As request) just surfs the internet. In case A suffers material or moral loss, B will be liable. Likewise, if B refuses to perform his duty unless given a bribe, damages may be asked of him in addition to the proper criminal and administrative liabilities. However, a public officer cannot be held personally liable in case some casualties will be a result of an act within
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the scope of his official capacity and performed in line of duty. (Philippine Match Co. Ltd. V. City of Cebu, 81 SCRA 99) ART. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damages. This article is essential in a system of free enterprise. Democracy would not be exercised when a person or group of persons by any unjust or high-handed method may divest other of a fair chance to engage in a business or to earn a living. This articles very aim is to prevent unfair competition. Every entrepreneur, businessman, laborer, etc., is entitled to an impartial environment or market when it comes to their respective commerce, may it be in agricultural enterprise, commercial enterprise, industrial enterprise or in labor. In the simplest sense, fairness is what is being sought by this article . EXAMPLE

For example, the making of any false statement in the course of trade to discredit the goods, business or services of another (see RA 166); selling goods above the maximum prices set by the state (Ayuda v. People, et al., L-6149, L-6150, April 12, 1954); and the making of goods as to deceive purchasers, i.e., ordinary or average

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Persons and Family Relations buyers (E. Spenser and Co. v. Hesslein, 54 Phil. 224). ART. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. EXAMPLE As an example, A was accused of theft, but he was acquitted because his guilt had not been proved beyond reasonable doubt. B, the offended party, can institute the civil action for damages for the same act and this time, mere preponderance of evidence of sufficient. This means that even though As guilt was not satisfactorily established making him acquitted, B can still file a civil suit under this article. According to the Revised Penal Code (Art. 100), a person criminally liable is also civilly liable. It should also be noted that Art. 29 does not speak of an independent
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civil action. To distinguish, criminal liability is in relation to the disturbance to the social order which aims to punish or correct the offender, while civil liability involves damage to private rights of individuals and aims for a compensation of the damages suffered by the offended party. Criminal liability is more difficult to prove because guilt must adequately be proven while the other only needs a preponderance of evidence. Thus, even though a person is not criminally liable, he can still be civilly liable. However, if in a criminal case, the accused is acquitted because the fact from which any civil liability could arise did not exist, a civil case subsequently brought must be dismissed. (Marcia v. Court of Appeals, L-34529, Jan. 27, 1983) Art. 30. When a separate action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. EXAMPLE For example, A accused B of stealing his laptop, so he (A) brought a civil action against B to get damages and his laptop back. If the fiscal institutes criminal proceeding against B, the civil case is suspended in the mean time. But if the fiscal does not, then the civil case continues and once there is a sufficient
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Persons and Family Relations preponderance of evidence, this will enable A to recover. Thus, this article also does not speak of an independent civil action. ART. 31. When the civil action is based on an obligation not arising from the act or omission complained of as felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. As opposed to the cases in the two preceding articles, Art. 31 speak now of an independent civil action. It is one that is brought distinctly and separately from a criminal case allowed for considerations of public policy because the proof needed here is less than that required from a criminal case; but with the restriction that success in financially recovering I one case should prevent a recovery of damages in the other. This means that the compensation of the two cases is not mutually exclusive. It should also be noted that cases filed in relation to this article do not crop up from crimes but from some other acts like contracts or legal duties. For instance, a civil action for recovery of government funds in the hands of a postmaster can prosper independently of a charge of malversation, since in the first, the obligation arises from the law (ex lage), while the second, which is to return the money arises ex delicto. (Tolentino v. Carlos, 39 O.G. No. 9, p. 121) Another example is that a civil complaint for
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separation of property can continue even if a criminal action for concubinage is subsequently filed. (Cabahug-Mendoza v. Varela, 49 O.G. 1842) In another case, according to the Anti-Graft Law, a public officer with an unexplained wealth faces two important sanctions: first, for making the unlawful acquisition (which will constitute CIVIL proceedings), and second, for conveying or transferring said unlawfully acquired properties (where CRIMINAL proceedings may be instituted). (Mariano G. Almeda, Sr., et al., v. Perez, et al., L-18428, Aug. 30, 1962)

ART. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use;

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Persons and Family Relations (8) The right to the equal protection of the laws; (9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the government for redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. EXPLANATION This article refers to the public officers or employee, or any private individual that would be held liable if they directly obstruct the right of another person. This article was made for the purpose of the litigation of public officials because sometimes fiscal, prosecutor are afraid to prosecute their fellow officers and by that thecitizen or the other people may be left without redress.

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Persons and Family Relations EXAMPLE Mr. A is a business owner; he owns and manages his business a manufacturing business for bags and shoes. He is a devoted Iglesia ni Cristo. There is a rule in his company that you must be a member of his pledged religion which is Iglesia ni Cristo in order for you to a regular employee in his company. There are employees in his company that had stayed there for more than six months which should already be a regular in accordance to the Labor Code of the Philippines but because he is the owner of the business he contends that you must be a Kapatid or a member of his religion before you get the benefits of being a regular employee. There are some who were forced to change their religion because they really need the job. Therefore, Mr. A can be liable in accordance to the Civil Code of the Philippines Article 32 paragraph 1. Wherein they directly/ indirectly affect and obstruct the freedom of religion of a person. ART. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. EXPLANATION : this article speaks of defamation, fraud, physical injuries, these crimes are criminal in nature but the offended party can file a
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separate civil action for the recovery of the damages brought about by the offender. Civil action will prosper independently with regard to its criminal offense. It needs preponderance of evidence shall suffice to support such action. EXAMPLE Mr. Go was in front of his bakeshop business beside SM mall, he was observing on how his business goes while there are people going in and out of his business. Baliw was a guy who is under the influence of alcohol, so he tried to frighten the people around him by taking a knife and try to stab anyone who passes or anyone that he grab.. As he walks along, He saw Mr. Go, Ba-liw now grabbed the hand and neck of Mr. Go and try to stab him, Go asked and shouted for help and nobody helped him because they are all afraid, Go tried to call Mr. Pu-lis who is a PO1 who is in charge of the traffic infront of Sm but Mr. Pu-lis failed to render a help because he is also afraid from Ba-liw, so he failed to protect Mr. Go. Mr. Go now was stabbed and was injured. In this situation he can file a case under the Civil Code of The Philippines Art.34 to Mr.Pu-lis because despite of his being Police he was not able to render protection to the helpless victim, in the first place its their duty to serve and protect. So, Mr.Pu-lis now is liable under the said provision.

ART. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to
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Persons and Family Relations believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. EXPLANATION this article applies to the cases when there is no independent civil action and not to a tortious action. When a person allegedly accused someone from a criminal offenses and the fiscal refused to have a criminal proceedings, they may file a separate civil action and if on the trial they have given information the civil action shall be suspended until the termination of the criminal proceedings. arguments. They had a fight in front of the school and they got suspended. Irene keeps on saying that Anna committed qualified theft and she filed a case in the court contesting for a qualified theft case against her friend Anna, but the fiscal refused to institute criminal proceedings. She may bring a civil action for the damages against the alleged offender, but if in the course of the trial information should be presented by the fiscal, charging the classmate with the crime, the civil action shall be suspended until the termination of the criminal proceeding ART. 36. Pre-judicial questions which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. EXPLANATIONthis article speaks of a prejudicial question which must be decided first before a criminal action maybe instituted as long as it would be guided by the rules of the Supreme Court and not in conflict with the provisions of this code.

EXAMPLE Anna was accused by her friend Irene that she had stolen her cellphone, she was arguing that I did not steal her cellphone they even hurt each other because of their
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REQUISITES OF PREJUDICIAL QUESTIONS 1. the civil case involves facts intimately related to those upon which the criminal prosecution would be based;
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Persons and Family Relations 2. in the resolution of the issue or issues raised in the civil actions, the guilt or innocence of the accused would necessarily be determined; and 3. jurisdiction to try, said question must be lodged in another tribunal. (People v. Consing, Jr., 395 SCRA 366 [2003]). therefore, of this question would necessarily be determinative of petitioners criminal liability for squatting. In the criminal case, the question is whether petitioners occupied a piece of land not belonging to them but to private respondent and against the latters will.

A PREJUDICIAL QUESTION is a question which based on the fact distinct and separate from the crime but so intimately connected with it that its resolution is determinative of the guilt of innocence of the accused. To justify suspension of the criminal action, it must appear not only that the civil case is involves fact intimately related to those upon which the criminal prosecution is based but also that decision of the issue or issues raised in the civil case would be decisive of the guilt or innocence of the accused.
EXAMPLE

The information alleges that without the knowledge and consent of the owner, Maria Cruz, of her property by building their houses thereon and deprived her of the use petitioners occupied or took possession of a portion of her land to her damage and prejudice. Now the ownership of the land in question known as LOT 1234-C of the Opon Cadasters covered by TCT 4567 is the issue in Civil Case 890-K now pending in branch 12 of the RTC Mindanao. The resolution,
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