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  • Civil Law Review Bar Question

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    Hermay Banario
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    Tessie overheard her neighbors making derogatory comments about her son Abe, who has polio, calling him a cripple with no future. The question asks if Tessie has a remedy against her neighbors. The answer states that yes, Tessie can bring a civil case for damages against her neighbors because the Philippine Civil Code requires respecting one's neighbors' dignity, and talking about Tessie's son's disability was disrespectful and humiliating in violation of the code.

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    Tessie overheard her neighbors making derogatory comments about her son Abe, who has polio, calling him a cripple with no future. The question asks if Tessie has a remedy against her neighbors. The answer states that yes, Tessie can bring a civil case for damages against her neighbors because the Philippine Civil Code requires respecting one's neighbors' dignity, and talking about Tessie's son's disability was disrespectful and humiliating in violation of the code.

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    © All Rights Reserved
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    4 views1 page

    Civil Law Review Bar Question

    Uploaded by

    Hermay Banario
    Tessie overheard her neighbors making derogatory comments about her son Abe, who has polio, calling him a cripple with no future. The question asks if Tessie has a remedy against her neighbors. The answer states that yes, Tessie can bring a civil case for damages against her neighbors because the Philippine Civil Code requires respecting one's neighbors' dignity, and talking about Tessie's son's disability was disrespectful and humiliating in violation of the code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CIVIL LAW REVIEW BAR QUESTION

    (Claim for Damages Against "Tsismosas")


    PROBLEM:
    Tessie heard her neighbors talking about her son, Abe, a minor and a polio victim. The
    neighbors said that Tessie’s son is a cripple who has no future in life. Does Tessie have a
    remedy against her neighbors?
    ANSWER:
    Yes, Tessie is well within her right to bring a civil action for damages against her neighbors
    because of their vexing (humiliating) comments about her son’s physical condition. Article
    26 of the Civil Code clearly says that every person shall (must) respect the dignity,
    personality, privacy, and peace of mind of his neighbors. Talking about Tessie’s crippled son
    is a clear sign of disrespect warranting a cause of action for damages.

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