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.

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.

Protection of the Disadvantaged

- Court’s duty of protecting the disadvantaged Legislative intent of Article 24

Court’s Duty of Protecting the Disadvantage

- “When one of the parties is unable to read, or if the contract is in a language not understood by him, and
mistake or fraud is alleged, the person en- forcing the contract must show that the terms thereof have been
fully explained to the former.”

Legislative Intent of Article 24

- The law intended to protect both those who are found weak and uneducated who may have been taken
advantage of by unscrupulous persons or those who may have used undue influence in entering into
agreements.

Thoughtless Extravagance

- Before thoughtless extravagance may be prevented, the following requisites must be present:

o (1) there must be an acute public want or emergency; and

o (2) the person seeking to stop it must be a government or private charitable institutions.

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 pro-
duce a cause of action for damages, prevention and other relief:

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 his religious beliefs, lowly station in life, place of birth, physical
defect, or other personal condition.

Protection of Human Dignity

- The philosophy behind Article 26 underscores the necessity for its inclusion in our civil law. The Code
Commission stressed in no uncertain terms that the human personality must be exalted. The sacredness of
human personality is a concomitant consideration of every plan for human amelioration. The touchstone of
every system of law, of the culture and civilization of every country, is how far it dignifies man. If the
statutes insufficiently protect a person from being unjustly humiliated, in short, if human personality is not
 exalted –– then the laws are indeed defective. Thus, under this article, the rights of persons are amply
protected, and damages are provided for violations of a person’s dignity,

Enumeration, Not Exclusive

- The violations mentioned in Article 26 are not exclusive but are merely examples and do not preclude
other similar or analogous acts.

- Damages therefore are allowable for actions against a person’s dignity,

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.
Art. 28. Unfair competition in agricultural,
commercial or industrial enterprises or in labor
through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or
highhanded method shall give rise to a right of
action by the person who thereby suffers
damages.
Liability of Public Servants or Employees
GR:
- As a rule, a public officer, whether judicial,
quasi-judicial or executive, is not personally
liable to one injured in consequence of an act
performed within the scope of his official
authority, and in line of his official duty.
However, “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 .
Scope of Article27
- limited to refusal or neglect to perform
official duties
does not cover malfeasance and misfeasance, but
only nonfeasance.
Requisites of Action under Article 27
1. That the defendant be a public official
charged with the performance of official
duties;
2. That there be a violation of an official duty in
favor of an individual;
3. That there be willfulness or negligence in the
violation of such official duty; and
4. That there be an injury to the individual.
Malice or Inexcusable Negligence
- Article 27 presupposes that the refusal or
omission of a public official is attributable to
malice or inexcusable negligence.
Unfair Competition
- Sought to be PREVENTED: use of unjust,
oppressive or high-handed methods which
may deprive others of a fair chance to engage
in business. Unfair competition not
competition.
Requisites of Unfair Competition:
1. Must involve an injury to a competitor or
trade rival
2. Must involve acts which are characterized as
contrary to good conscience or shocking to
judicial sensibilities.
a. * includes deceit, intimidation