Assignment 2-10-2021

Assignment Content
1.

Question 1
10 Points
Read New Civil Code of the Philippines
Chapter 2, Preliminary Title, Human Relations
Arts. 2164 to 2194
Arts. 2195 to 2235

Memorize Art. 19 and 20 of the NCC. Write an exemplification of Art. 19, NCC.
The exercise of a right must be in accordance with the purpose for which it was established and must not be
excessive or unduly harsh. If there is no abuse of rights then the law affords no remedy for damages resulting
from an act which does not amount to a legal wrong.

2.

Question 2
10 Points
Is breach of promise to marry actionable?
Read: Hermosisima v. CA, 109 Phil. 629; Estopa v. Piansay, Jr., 109 Phil. 640
Action for breach of promise to marry has no standing in civil law, apart from the right to recover money or
property advanced upon the faith of such promise. The mere breach of promise to marry is not actionable.

3.

Question 3
10 Points
A courted B, a beautiful 25 year-old girl. Because of the boy’s persistence and repeated promises to marry her,
she submitted her body to him. After the boy satisfied his lust, he became indifferent to the girl. Finally, he
refused to comply with his promise notwithstanding her demands. B filed an action against A for moral,
temperate, and exemplary damages, alleging that she had been seduced by defendant’s false promises to marry
her, and that she suffered “social humiliation, mental anguish, besmirched reputation, wounded feelings, and
moral shock. Is B’s action tenable? Write your basis.
Yes it is tenable because in Article 2217 of the New Civil code, moral damages include physical suffering,
mental anguish, serious anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation
and similar injury. Though moral damages are incapable of pecuniary computation of pecuniary estimation,
moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.

4.

Question 4
10 Points
Are interferences with the dignity, personality, privacy, and peace of mind of a neighbour or any other person
actionable? Write your basis.
Yes, it is actionable. The Civil Code provides that "every person shall respect the dignity, personality, privacy
and peace of mind of his neighbours and other persons and punishes as actionable torts several acts by a person
of meddling and prying into the privacy of another.