CHAPTER NINE

HUMAN
DIGNITY
Torts and Damages

Gadin, Jane Eunice

Malazarte, Shim-b
 ARTICLE 26

Every person shall respect the dignity, personality, privacy

and peace of mind of his neighbors and other persons. The
following and other 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 ofanother’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.
Article 26 is not exclusive
IT PROTECTS THE FOLLOWING PRINCIPAL RIGHTS:

Right to personal dignity

Right to personal security
Right to family relations
Right to social intercourse
Right to privacy
Right to peace of mind
Constitutional Right to Privacy

DUE P R O CESS CLA USE

Sec. 1. No person shall be deprived of life,
libery, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
Constitutional Right to Privacy
RIGHT AGAINST UNREASONABLE SEARCHES
AND SEIZURES
Sec. 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches
and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the
complaint and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things
to be seized.
Constitutional Right to Privacy
LIBERTY OF ABODE AND
RIGHT TO PRIVACY OF TRAVEL
ONE’S COMMUNICATION Sec. 6. The liberty of abode and of
AND CORRESPONDENCE
changing the same within the limits
Sec. 3. (1) The privacy of prescribed by law shall not be
communication and correspondence impaired except upon lawful order
shall be inviolable except upon of the court. Neither shall the right
lawful order of the court, or when to travel be impaired except in the
public safety or order requires interest of national security, public
otherwise as prescribed by law. safety, or public health, as may be
provided by law.
Constitutional Right to Privacy

RIGHT TO ASSOCIATIONS
RIGHT AGAINST SELF-
Sec. 8. The right of the people, INCRIMINATION
including those employed in the
Sec. 17. No person shall be
public and private sectors, to form
compelled to be a witness
unions, associations, or societies
against himself.
for purposes not contrary to shall
not be abridged.
Test of Reasonableness of a
Person's Expectation of Privacy

1. Whether by his conduct, the individual has

exhibited an expectation of privacy
2. Whether this expectation is one that society
recognizes as reasonable
Protection of Privacy under
Rules and Statutes
CIVIL CODE
REVISED PENAL CODE
ANTI-WIRETAPPINGLAW
SECRECY OF BANK DEPOSITS ACT
INTELLECUTAL PROPERTY CODE
RULES ON THE WRIT OF HABEAS DATA
DATA PRIVACY ACT OF 2012
Facets of Privacy

1. Privacy in the Physical Sense

2. Privacy in an Informational Sense
3. Proprietary Privacy
4. Privacy in a decisional Sense
Basis for Liability for Damages: Article 32

Any public officer or employee, or any private individual, who

directlly 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
Basis for Liability for Damages: Article 32

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
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
Basis for Liability for Damages: Article 32

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 a free from involuntary servitude in any
form
15. The right of the accused against excessive bail
Basis for Liability for Damages: Article 32
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
Basis for Liability for Damages: Article 32

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

19. Freedom of access to the courts.

Four Types of Invasion
1. Intrusion upon the plaintiff’s seclusion or solitude or into
his private affairs
2. Public disclosure of embarrassing private facts about the
plaintiff
3. Publicity which places the plaintiff in false light in the
public eye
4. Appropriation forthe defendant’s advantage of plaintiff’s
likeness or name
General Rule E X C EPTION

Only natural persons Corporations are entitled to

can invoke the right right against unreasonable
to privacy searches and seizure
Standard in Determining
Tort Liability
The standard to be applied in determining there was a
violation of the right to privacy is that of a person of ordinary
sensibilities.
Classification of Torts of
Violation of the Right to Privacy

1. Intrusion
2. Publication of private facts
3. Making one appear before the public in an
objectionable false light
4. Commercial appropriation of likeness of another
Forms of Intrusion

Prying into the

Criminal trespass "Peeping-tom"
privacy of another's
residence
General Rule E X C EPTION

There is no invasion of the When the acts of the journalist are

right to privacy when a to such extent that it constitutes
journalist records, photographs harassment or overzealous
or writes about something that shadowing
occurs in public places.
Intrusion and Freedom of
the Press
Newsmen are not accorded immunity from
torts or crimes committed during the course of
newsgathering

The right to newsgathering is not a license to

trespass or to intrude by electronic means into
precints of another;s home or office
Intrusion in Administrative
Investigation
There is no intrusion when an employer
investigates its employee or when a school
investigates its student

The school retains its power to compel its

student in or off-campus to a norm of conduct
compatible with their standing as member of
the academic community (Angeles v. Sison).
General Rule E X C EPTION

1. In cases of violations of school

Authority of the school is policies or regulations occurring in
coextensive with its territorial connection with a school-sponsored
activity off-campus
jurisdiction or its school
2. In cases where the misconduct of the
grounds
student involves his status as a
student or affects the good name or
reputation of the school
Intrusion in Common
Carriers
Common carriers are required by law to
exercise extraordinary diligence in ensuring
the safety of its passengers

However, fairness demands that in measuring

its duty, allowance must be given to the
reliance that should be reposed on the sense
of responsibility of all the passengers in
regard to their common safety and their right
to privacy
 Wire-Tapping and Other Similar Means

RA 4200 PD 55 RA 5733

Makes it illegal for any Deals with Punishes

person, not authorized unlawful telephone registered
by all the parties to any installations electronics and
private communication communications
to secretly record such engineer who shall
communication by engage in illegal
means of a tape wire-tapping
recorder
Intrusion in Public Records
There is no intrusion into the right of privacy
of another if the information sought is a
matter of public record, especially if the
person invoking is a public officer and the
matter involved is of public concern

There can be violation of the right to privacy if

the matter sought to be revealed does not
involve anything of public concern
Intrusion in the Internet

RA 8792 - Electronic Commerce Act

The protection of the right to privacy in the

Internet, in effect, protects private speech;
privacy is necessary to protect all of us from
misinterpretations
Voyeurism - RA 9995

The act of taking photo or video coverage of a

person or group of persons performing sexual
act or any similar activity or of capturing an
image of the private area of a person or
persons without the latter's consent, under
circumstances in which such person/s
has/have a reasonable expectation of privacy
Voyeurism - RA 9995
The act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting
the photo or video coverage or recordings of
such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar
means or device without the written consent of
the person/s involved, notwithstanding that
consent to record or take photo or video
coverage of same was given by such persons
Publication of Private Facts
The interest sought to be protected is the right to be free from
unwarranted publicity, from the wrongful publicizing of the
private affairs and activities of an individual which are outside
the realm of legitimate public concern
Elements (PH)

1. Publicity is given to any private or purely personal

information about a person
2. Without the latter’s consent
3. The circumstance that the publication was made with
intent to gain or for commercial and business purposes
invariably serves to aggravate the violation of the right
Alternative relief under the New Civil Code

To be liable, the defendant must be guilty of knowing and

reckless disregard of the truth

The claim of newsworthiness can be sustained if the facts

to be published are strange and unusual
Official Proceedings
General Rule:
The publication of facts derived from the records of
official proceedings, which are not otherwise declared by
law as confidential, cannot be considered a tortious
conduct

Exception:
Publication of certain acts referred to in the course of
official proceedings are prohibited (Art. 357, RPC)
Official Functions
Right to privacy belongs to the individual acting in his private
capacity and not to a governmental agency or officers tasked
with, and acting in, the discharge of public duties

To declare otherwise would be to clothe public officials with

an impregnable mantle of protection against public scrutiny
for their official acts
False Light
The interest to be protected is the interest of the individual in
not being made to appear before the public in an
objectionable false light or false position
DEFAMATION FALSE LIGHT
reputational harm embarrassment of a person
publication is satisfied if in being made into
a letter is sent to a third something he is not
person statement should be
what is published lowers actually made in public
the esteem in which the defendant may still be held
plaintiff is held liable even if the statements
tell something good about
the plaintiff
Commercial Appropriation of Likeness
To protect various aspects of an individual’s identity from
commercial exploitation:
(a) name
(b) likeness
(c) achievements
(d) identifying characteristics
(e) actual performances
(f) fictitious characters created by a performer
(g) phrases and other things which are associated with an individual
Policy Considerations

1. The right of publicity vindicates the economic interests of

celebrities, enabling those whose achievements have imbued their
identities with pecuniary value to profit from their fame
2. The right of publicity fosters the production of intellectual and
creative works by providing the financial incentive for individuals to
expend the time and resources necessary to produce them
3. The right of publicity serves both individual and societal interests
by preventing what is regarded by our legal tradition as wrongful
misconduct
General Rule:
The right to privacy is a personal right.

Exception:
Privilege may be given the surviving relatives of a deceased
person to protect their feelings and to prevent a violation of
their own rights in the character and memory of the
deceased
II. Interference with
Family and Other Relation
1. Alienation of Affection Under Article 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 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.
2. Alienation of Affection of Spouse
The family code imposes obligation of the spouses.

Art. 68. The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support.

Alienation of affection consists in depriving one spouse of the affection,

society companionship and comfort of the other. NOT necessary that there
is adultery or the spouse is deprived of household services.

The gist of the TORT is an interference with one spouse’s mental attitude
toward the other and the conjugal kindness of marital relations resulting in
some actual conduct which materially affects it.
Requirements of Alienation of affection of a spouse

1. Valid marriage
2. Wrongful conduct by the defendant with the plaintiff's
spouse
3. The loss of affection or consortium
4. Causal relation between the defendant's conduct and
the deprivation of affection

There must be active participation, initiative or encouragement on the part of the

defendant in causing one spouse’s loss if the spouse’s affection for liability to arise
Alienation of Affection by IN-LAWS

PRESUMPTION:
They have acted with commendable motives and a clear case of want of
justification may be fully required to be shown before they should be held
responsible.
The law has tender regard for the ties of kinship subsisting between parent and
child.
Parent will only act for the best interest of the child.
Right of the parent to advise son/daughter, in good faith, even when it results in
separation – NO RIGHT OF ACTION
Must be established
Defendant’s act were the controlling cause of the loss of affection
Alienation of Affection by Non-Relatives

Malice is necessary which means that with design and intent to alienate
the affections of spouse.
Must be controlling cause
3. Disturbing Family Relation

Article 26

Radio Communication of the Philippines, Inc. V. Valdez- involving

delay in the transmittal of a telegram
-Disruption of filial tranquility
-Liable for quasi delict Art 2219 for moral damages
III. Vexation and
Humilation
1. Humiliation on Account of Personal Condition
Art. 26 xxx (4) Vexing or humiliating another on account of his religious
beliefs, lowly station in life, place of birth, physical defect, or other
personal condition.
Religious freedom does not authorize anyone to heap obloquy and
disrepute upon another by reason of the latter’s religion
Social equality is NOT sought by the legal provision but DUE REGARD for
decency and propriety.
Discrimination may result in:
- Emotional distress
- Sexual harassment
- Public humiliation
Affects PERSONAL DIGNITY
Infliction of Emotional Distress

Requisites:
1. The conduct of the defendant was intentional or in reckless disregard of
the plaintiff.
2. The conduct was extreme and outrageous.
3. There was a causal connection between the defendant’s conduct and the
plaintiff’s mental distress.
4. The plaintiff’s mental distress was extreme and severe.
Extreme and
Outrageous Conduct
Conduct that is so outrageous in
character and so extreme in degree as to
go beyond all possible bounds of
decency and to be regarded as atrocious,
and utterly intolerable in civilized
society.
Conduct is actionable if the recitation of
the facts to an average member of the
community would arouse his resentment
against the actor and lead him/her to
exclaim ―OUTRAGEOUS! as his/her
reaction.
Emotional Distress
Any highly unpleasant mental reaction;
extreme grief, shame, humiliation,
embarrassment, anger, disappointment
,worry, nausea, mental suffering,
anguish, shock, fright horror and chagrin.
Severe Emotional Distress
Any type of severe and disabling
emotional or mental condition which may
be generally recognized and diagnosed
by professionals trained to do so,
including PTSD, neurosis, psychosis,
chronic depression, or phobia
Vexation
Any highly unpleasant mental reaction;
an act of
extreme grief, shame, humiliation,
annoyance or embarrassment, anger, disappointment
irritation that ,worry, nausea, mental suffering,

causes distress or anguish, shock, fright horror and chagrin.

agitation
Severe Emotional Distress
Any type of severe and disabling
emotional or mental condition which may
be generally recognized and diagnosed
by professionals trained to do so,
including PTSD, neurosis, psychosis,
chronic depression, or phobia
Discrimination
Applicable Laws:
Universal Declaration on Human Rights
International Convention on Economic,
Social, Cultural Rights
International Convention on the
Elements of All Forms of Racial
Discrimination
Convention Against Discrimination in
Education
Convention (No. 111) Concerning
Discrimination in Respect of
Employment and Occupation
Labor Code
Magna Carta for Disabled Persons
RA 8504 – liability for discrimination
of AIDS victims
RA 8972 – prohibits discrimination of
solo parents
Discrimination under the Labor Code

ART. 135 – discrimination against women

1. Payment of a lesser compensation including wage, salary, or other form of
remuneration and fringe benefits to a female employee as against a male
employee for work of value
2. Favoring a male employee over female employee with respect to
promotion, training opportunities, study and scholarship grants solely on
account of the sexes

There are CRIMINAL and CIVIL LIABILITIES independent of each other.

Discrimination of Disabled

Expressly prohibited in Republic ACT No. 7277 otherwise known as MAGNA

CARTA FOR DISABLED PERSONS.

SECTION 32. Discrimination on Employment.

SECTION 34. Public Transportation.
SECTION 36. Discrimination on the Use of Public Accommodations.
Discrimination Under Magna Carta for Women

SECTION 13. Equal Access and Elimination of Discrimination in Education,

Scholarships, and Training.

SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of Women in

Media and Film.

Liability for damages

SECTION 41-XXX. If violation is committed by a private entity or individual,
the person directly responsible for the violation shall be liable to pay
damages
IV. Sexual Harassment
RA 7877 - Anti-Sexual Harassment Act of 1995

SECTION 2. Declaration of Policy. - The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full
respect for human rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing training, instruction
or education. Towards this end, all forms of sexual harassment in the
employment, education or training environment are hereby declared unlawful.
Penalties

Imprisonment: 1-6 months

Fine: P10,000-P20,000
Action prescribes after 3 years
Separate criminal and civil action
RA 9262 - Anti-Violence Against Women and their
Children Act

Elements:
1. The offender has or had sexual or dating relationship with the
offended woman.
2. The offender by himself or through another commits an act or
series of acts of harassment against the woman.
3. The harassment alarms or causes substantial
emotional/psychological distress to her.
RA 9710 - Magna Carta for Women

"VIOLENCE AGAINST WOMEN" refers to any act of gender- based violence that results in,
or is likely to result in, physical, sexual, or psychological harm or suffering to women,
including threats of such acts, coercion, or arbitrary deprivation of liberty, whether
occurring in public or in private life. It shall be understood to encompass, but not limited
to, the following; female children in the household, dowry-related violence, marital rape,
and other traditional practices harmful to women, non-spousal violence, and violence
related to exploitation;
2) Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and intimidation at work, in
educational institutions and elsewhere, trafficking in women, and
prostitution; and
RA 9710 - Magna Carta for Women

3) Physical, sexual, and psychological violence perpetrated or condoned by the State,

wherever it occurs.

It also includes acts of violence against women as defused in Republic Acts No. 9208 and
9262
Parties

SECTION 3.Work, Education or Training-Related, Sexual Harassment Defined. - Work,

education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having authority, influence or
moral ascendancy over another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.

Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without
which it would not have been committed, shall also be held liable under this Act.
How Committed - RA 7877

SECTION 3. (a) In a work-related or employment environment, sexual harassment is

committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal
to grant the sexual favor results in limiting, segregating or classifying the employee
which in any way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under
existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.
Kinds

1.QUID PRO QUO

Sexual favors are elicited in return for something else.

Can be committed by a single act
Present whenever sexual favor is made as a condition in the hiring or in the
employment, re-employment, or continued employment of said individual, or in
granting said individual favorable compensation, terms of conditions, promotions,
or privileges, or when the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or considerations, or whenever the
refusal to grant sexual favor would impair employees rights and privileges under
existing labor law
Kinds

2. Hostile Environment Cases

Employees/students work/study in an offensive or abusive environment.

Although a single act of the defendant may be enough, generally, repeated
incidents create a stronger claim of hostile environment, with the strength of the
claim depending on the number of incidents and the intensity of each incident.
Solicitation of sexual favors/refusal to grant the same would result in an
intimidating, hostile, or offensive environment for the employee
When the sexual advances result in an intimidating, hostile, or offensive
environment for the student/trainee/apprentice.
Requisites

1. The plaintiff was subjected to sexual advances, requests for

sexual favors, or other verbal or physical conduct of sexual nature
2. That this conduct was unwelcome
3. That the conduct was sufficiently severe or pervasive to alter the
conditions of the victim’s employment and create an abusive
working environment
Standard of Conduct

Environment is hostile if a person of ordinary prudence would not

have been engaged in the allegedly harassing conduct

Standard of a reasonable man/woman

Gender-conscious examination
Thha
annk
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T
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yoou
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