Wassmer vs Velez, 12 SCRA 648 Contrary to Good Customs Facts: W and V set their wedding for Sept 4, 1954.

. Invitations were distributed to relatives and friends. Wedding dresses purchased, reception contracted etc. 2 days before the wedding V left for home in Mindanao and never heard again. Held: the mere breach of promise of marry is not an actionable wrong, but to formally set a wedding and go thru rites in preparing and publishing incurring expenses is palpably and unjustly contrary to good customs for which the defendant is answerable in damages under Art. 21 NCC. Tortfeasor or Wrongdoer = Person acting with fault or negligence causing damage to another is obliged to pay for the damages done (Art 2176 NCC) Obligations and liabilities arising from human relation The civil codes provisions dealing on human relation (Chap 2 Preliminary Title) are now, not based in the Spanish Civil Code, formulated some basic principles that are to be observed for the rightful relationship between human beings and for the stability of social order. It was designed to indicate certain norms that spring from the fountain of good and conscience. (Report, Code Commission, p. 39) These provisions provide for specie of Special Torts The catch all provisions 1. Abuse of rights every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. (Art 19) The elements are the ff: i. There must be a legal right or duty ii. Exercise of such right or duty in bad faith iii. Prejudices or causes damage to another 2. Sanction Penalty every person who, contrary to law, willfully or negligently causes damages to another, shall indemnify the latter for the same (Art 20) This reiterated in Art 2176 and 2194 dealing on quasi delicts holding that person are liable for damages caused by their fault or negligence. (Prof. Jarencio opined that this provision refers to willful or negligent acts contrary to law not constituting quasi delict or delict) 3. Contra Bonus Mores- any person who willfully causes losses or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for damage (Art 21) Quisimbing vs Icao, 34 SCRA 132 Held: under Art 21, for a married man to force a woman not his wife to yield to his lust constitutes a clear violation of the rights of his victim that entitles her to claim for compensation for the damage caused. Mans act is contrary to moral, good customs or public policy. Pe et al vs Pe, 5 SCRA 200 Defendant is married separated and correlative of the plaintiff unmarried woman, 24 years of age. Defendant frequently visited the girls house on the pretext of teaching her how to pray the rosary. They fell in love and had clandestine trust until they disappeared. Held: No conclusion can be drawn from the fact that defendant, not only deliberately, but thru a clever strategy, succeeded in winning the affection and love

to the woman to the extent of having illicit relations with her. The wrong caused to her and her family is contrary to morals etc as contemplated in Art 21.

Wassmer vs Velez, 12 Scra 648 Facts: W & V applied for a license to contract of marriage. The wedding was set, invitations were printed and distributed to relatives, friends. Wedding dresses purchased (bridal, flower girls maid of honor, etc), reception and other amenities reserved. But before the wedding, the boy left for Mindanao and never returned. Held: The mere breach of promise to marry is not an actionable wrong. But to formally set a wedding and go thru all those preparation and expenses and publicity only to walk out is contrary to good custom for which defendant is held answerable for damages under Art 21. B. Unjust enrichment 1. Every Person thru 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 (Art 22). A community was raised by lawless elements and took personal belongings of the helpless residents. When the Govt forces came driving the lawless elements and restoring peace and order, the owner of the house occupied by the lawless element found several personal belongings of other left by the fleeing outlaws. The person owning those personal belonging taken by the outlaws have the right to recover them from the finder under Art 22. 2. Even when an act or event causing damage to anothers property was not due to the fault or negligent of the defendant, the latter shall be liable for indemnity if thru the act or event he was benefited (Art 23) Illustration given by the Code Commission Without As knowledge, a flood drive his cattle to the cultivated highland of B. As cattle were saved but Bs crop were destroyed because they were eaten by the cattle. While A was not at fault however he was benefited when his cattle were saved from the flood aside from being well fed. It is butt right and equitable that A should indemnify B for the loss of his crop. Otherwise the injured party B would be unjustly enriched at the expense of the party who received the benefit. See Arts 2142 and 2143 C. Violation of dignity, personality, privacy and peace of mind of neighbors and other persons (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; (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. D. Dereliction of official duty by public official (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 he latter, without prejudice to any disciplinary administrative action that may be taken. This provision was designed to redress complaints of the people that in dealing with public officials and employees that they are not properly attended to while those who are rich influential and powerful are given prompt and even servile attention. Worst is some public officials/ employee took advantage of their position, expectly or demand bribe for the performance of their duty which lowered the morals of public service and seriously undermined public confidence of the govt.