CHAPTER! Arellano University Sehool of Law Arellano Law Foundation Taft Ave., Cor. Mento St., Pasay City CLASSROOM PRAYER Dios aming Ama, kami ay nagpupuri’t nagpapasalamat sa iyo. Sa patnubay ng mahal na Espiritu Santo kami ay tulungan sa aming pag-aaral dito sa Arellano Law Foundation. At sa aming pakikisama sa aming mga guro at kamag-aral. Tulungan Mo po rin ang mga namamahala ng Arellano Law Foundation. At bigyan Mo po kami ng pagkakataon na makapaglingkod sa aming mga kapwa, sa aming mga magulang at sa Bayang Pilipinas. Hinihingi po namin ito sa ngalan ng iyong Anak na si Hesus. Amen. TORTS INVOLVING HUMAN RELATIONS PP. 69-128 Art. 19 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. 1. Exercise of rights entails corresponding duties (prineiple oF 2. Concept of torts expandedi(standards of conduct)” a) Act with justice b) Give everyone his due c) Observe honesty and good faith 3. Right becoming a source of legal wrong Page 1 of 144, Instances of abuse of rights a) Creditor uses his advance knowledge in insolvency b) Bank's delay in approval of loan c) Delay in the issuance of clearances ) Agent-principal relationship e) Failure to inform the occupants to leave the premises II, Art. 20 Every person who, contrary to law, willfully or 7 negligently causes damage to another shall indemnify emplinds oe the latter for the same. Lat 1. Scope Broad) to cover all legal (not moral) wrongs done in violation of law, whether willfully or negligently. — crine < uate - delet 2. Basis for the award of damages eeaae slapping 0 penser 3. Conduct may be both a crime and quasi-delict a) Performed with deliberate intent b) Fault or negligence III. Art. 21 Any person who (willfully/causes loss or injury to another in a manni is contrary to morals, good enphanes ~ customs or public policy shall compensate the latter for vroval, the damage. 904 chs Elements public aden eae : : It is contrary to morals, good customs, public order, or ” fh poly public policy It is done with intent to injure Page 2 of 14IV. Art. 22 Every person who through an act of 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. 1. Scope No person should unjustly enrich himself at the expense of another 2. Basis w . Claim for unjust enrichment (GQUBFTABIETAOREVT — can be cetemincd im Heras og enlne 4. Underlying condition The ‘aggrieved party has no other resources based on “contract, quasi-contract, crime, quasi-delict, or any other wine . Requisites a a) Person has been enriched b) Acquisition through act or performance c) Aggrieved party has incurred a loss d) Enrichment is without just or legal ground e) No other remedy or action based on contract, quasi- contract, delict, or quasi-delict Page 3 of 14Vv. Art. 23 Even when an act or event causing damage to another's 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. 7 This is Ba88d on equity Equity ~ fairness | VI. 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, menta! weakness, tender age or other handicap, the courts must be vigilant for his protection. (Boctrinaterlparene patria — to provide protection to rights and property of persons who are incapable of protecting themselves. ape Code ies VII. 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. (4:4 01 métin ¢ en india ) 4 This is subjectitoypoliée power of the State, This may be instituted at the instance of any government o1 Page 4 of 14VIII. Art. 26 Every person shall respect for (dignity, personality, and peace of mind of his neighbors and other | The followings and similar acts, though they may not constitute a criminal offence, shall produce a cause of action for damages, prevention and other relief: 1. Prying into the privacy of another's residence; ia ee 2.Meddling with or disturbing the private life or family relations of another; aceaanaae intriguing to cause another to be alienated from his friends; a ~ retinioms beb4 4. Gexihg or Gumiliating another on account of his — euly sation in lif veligious beliefs, lowly station in life, place of = place @ bi birth, physical defect, or other personal condition. - tad IX. Art. = in agricultural, commercial or industrial enterprises or in labor or any other mond i ae , OpprESsive Or shall give rise pais to a right of action by the person who thereby suffers pore set “damage. fg Criminal offense (Revised Penal Code) Art. 186 (§M@nOpoliés andyiéombinations!_in_restraint_of _trade. Art. 187 ImMipOrtations! and dispOSition\of_falsely_marked articles or merchandise made of gold, silver, or precious metals or their alloys —F —— ~ ‘ Art. 188 Substituting and altering trademarks, ) names, or services marks. trade, Trad ernie, trode fame Soule. maps Page 5 of 14xX. xi. Art. 29 Art. 30 Art. 189 unfair competitions,( fraudulent registration of name, trademarks, or —seryicé mark, raudulent__designation of origin, Dang > description. ) — “ can Co Whether competition is fair or unfaitdepends principally on ord 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 req plaintiff to file a bond to answer for damages in case the complaint should be found to be mal 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. Note: Acquittal on reasonable doubt is not evidence of innocence of the accused who may have, in fact, committed the offense of which he was charged. The court may still order the payment of civil damages in the same case. When a separate civil 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 be sufficient to prove the act complained of. Page 6 of 14XII. Art. 31 When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the later. XIII. Art. 32 Any public officer or employee, or any private individuals, 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: 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; 8. The right to the equal protection of the laws; 9. The right to be secured 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; Page 7 of 1412. The right to become a member of association 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 guil@, 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 statue 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 shali proceed independently of any criminal prosecution (if the latter be instituted) and may be proved by a preponderance of evidence. Page 8 of 14The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The respon: ity 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. XIV. Art. 33 In cases of defamation, fraud, and physical injuries, a XV. Art. 34 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, shall require only a preponderance of evidence. Defamation - damage on one’s reputation by slander (false statement) or libel (malicious falsehood, written or printed) Fraud - calculated to deceive embracing all multifarious means. Physical injuries (bodily harm not the crime of physical injuries) When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance o evidence shall suffice to support such action. Page 9 of 14XVI. XVIL. Art. 35, Art. 36 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 believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant 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. Prejudicial 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. Elements of Prejudicial Question 1. The previously instituted civil action involves an issue or facts similar or intimately related to the issue raised in the subsequent criminal action, or to the facts upon which the criminal prosecution would be based; 2. The resolution of the issue or issued raised in the civil action determines whether or not the criminal action may proceed (see Sec. 7,18 Rule 111, Rules of Court) ie., would necessarily determine the guilt or innocence of the accused; and 3. The jurisdiction to try the said question is lodged in another tribunal. Page 10 of 14CHAPTER 5 - NUISANCE I. Art.694 A nuisance is any act, omission, establishment, business, condition of property, or anything else which: 1, Injures or endangers the health or safety of others; or 2. Annoys or offends the senses; or 3. Shocks, defies, or disregards decency or morality; or 4. Obstructs or interferes with the free passage of any public highway or street, or any body of water; or 5. Hinders or impairs the use of property. Concept of nuisance It means toliajGre) HUFEor farinl@nmovance) It works in injury, harm or prejudice to an Individualio¢ the public II. Art. 695 Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing defi ion. 1, NUISSNee Pere - a@uisance at all tim@and under any circumstances, regardless of location or surroundings. 28 not a nuisance per se, but which (may become a nuisance_by reason of circumstancés, location or surroundings. 3. Doctrine of jattractivel/nuisancé, applicable to Page 11 of 14Basis of liability a) Presence of children to be anticipated_ b) Extra precaution to be taken for their safety c) Children acting upon their instincts and impulses to be expected 4 III. Art. 696 Every successive owner or possessor of property who IV. Art. 697 V. Art. 698 VI. Art. 699 fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created Note: ngiriGlsleffed of a nuisancelistaeontinuing@ne The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. ‘(WeateMentL lessening, alleviation, mitigate. Lapse of time cannot legalize any nuisance, whether public or private. Easement is extinguished by Obstruction) and non-use for ten years Note: Lapse of time cannot legalize a nuisance except in case of easement under Art. 631 (2) The remedies against a public nuisance are: 1. A prosecution under the Penal Code or any local ordinance; or 2. A civil action; or 3. Abatement, without judicial proceedings. Page 12 of 14Note: 1. Criminal prosecution is instituted only for public nuisance 2. Abatement without judicial proceedings because abating a nuisance is not taken for public use VII. Art. 700The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. Art. 701 If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Art. 702 The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. VIII. Art. 703 A private person may file an action on account of public nuisance, if it is specially injurious to himself. IX. Art. 704 Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary: 1. That demand be first made upon the owner or possessor of the property to abate the nuisance; 2. That such demand has been rejected; 3. That the abatement be approved by the district health officer and executed with the assistance of the local police; and 4. That the value of the destruction does not exceed Three Thousand Pesos. Page 13 of 14X. Art. 705 Art. 706 ‘The remedies against a private nuisance are: 1. A civil action; or 2. Abatement, without judicial proceedings. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed. Coverage . Scope of the privilege It eis en the barf 8 person hermes by 9 Person entitled torabatey e y w . When privilege}t@yberexercised Elements . Irreparable injury to plaintiff N .. No “adequate” remedy in the ordinary course of law * “Balance” of convenience with plaintiff less severe harm will result to the defendant XI. Art. 707 A private person or a public official extra-judicially abating a nuisance shall be liable for damages: 1. If he causes unnecessary injury; or 2. If an alleged nuisance is later declared by the courts to be not a real nuisance Page 14 of 14