PFR, ART.

19-36

Article 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 (also known
as the principle of abuse of rights)

- Sets certain standards which must be observed not only in the exercise of one’s rights,
but also in the performance of one’s duty.
- These standards are
- To act with justice
- To give everyone his due
- And to observe honesty and good faith

- A right, though recognized to be legal, may nevertheless be a source of illegality if

performed through malicious intent or bad faith
- Thought article 19 was intended to be a mere declaration of the principles of basic
human conducts, the elements under these rules (good faith, give everyone his due, to
act with justice) gives rise to certain rules. It sets a standard that when violated, opens
one up to liability.
- It must be remembered that 19 simply “sets the standard” but provides no remedy for
violation thereof.
- Provides the degree of care required so that an actionable tort may arise when it is
alleged together with article 20 or 21

Damnum Absque Injuria

- The legitimate exercise of a right, even if it injures another, does not automatically result
in an actionable injury

Principle of abuse of rights

- Departs from the classical theory “he who uses a right injures no one”
- Instead aims to grant indemnity for damages in cases where there is an abuse of rights,
even when the act is not in itself illicit
- There is an abuse of right when it is exercised only for the purpose of prejudicing or
injuring another
Elements of abuse of rights
1) The existence of a legal right or duty
2) In which it is exercised in bad faith
3) And done so for the sole intent of prejudicing or injuring another
Good faith refers to the state of mind which is manifested by the acts of the individual concerned
- The absence of good faith is essential in abuse of right

Article 20 - Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same
 - Speaks of general sanctions for all other provisions of the law which do not especially
provide for their own sanction.
- The common element in 19 and 21 is that the act must be intentional. Article 20
however, does not distinguish. The act may be wilfully or negligently done. Regardless,
one must indemnify the person who suffered loss

Article 20 & 2176 compared

- If injury is by reason of a negligent act, both article 20 and 2176 of the civil code
provides the basis for liability. However, 2176 specifically addresses injuries by negligent
acts WITHOUT pre-existing contracts, thus creating a quasi delict. Any liability that
arises out of 2176 calls for a quasi-delict.
- The elements of a quasi-delict are:
1) An act or omission
2) The presence of fault or negligence in the performance or non-performance of
the act
3) Injury
4) A causal connection between the negligent act and the injury
5) No pre-existing contractual relation
- Is concerned with violations of existing law as basis for injury (art. 20)
- Article 20 concerns violations of existing law as basis for an injury while article 2176
concerns a negligent act causing damage to another WITHOUT a pre-existing contract.

Article 21 - Any person who wilfully causes loss or injury to another in a manner that is contrary
to morals. Good customs or public policy shall compensate the latter for the damage

- Compared to article 20, article 21 concerns injuries that may be caused by acts which
are not necessarily proscribed by law. This article requires that the act be willful. Cases
under this article revolve issues whether an injury violated a law, or violated the degree
of care as given by article 19

Breach of Promise to Marry

- Generally the breach of promise to marry is not actionable.

- The law gets involved only when there is seduction. By seduction, it means that a person
gains advantage over another, by making him/her fall in love or gain sexual favor by
PROMISE OF MARRIAGE. When a promise of marriage is USED for personal gain,
then it becomes actionable

Malicious Prosecution

- Cannot arise if there is probable cause

 - Malice and lack of probable cause are requisites for malicious prosecution

Requisites of a Malicious Prosecution

1) There must have been a prosecution and the prosecutor must be the defendant himself
and the action must have ended in an acquittal
2) That in bringing the action, the prosecutor acted without probable cause
3) That the prosecutor acted with legal malice or bad faith

Article 22 - Every person who through an act or 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

Article 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.

Unjust Enrichment - exists when a person unjustly retains a benefit to the loss of another
- Requisites are: 1) A person is unjustly benefited and (2) such benefit is derived at the
expense or of with damages to another

Accion in Rem Verso ( Action for recovery) - This is an action for recovery of whatever has
been paid or delivered without just cause or legal ground pursuant to article 22.
- The purpose of this action is to prevent unjust enrichment, which exists when a person
unjustly retains a benefit to the loss of another.
- Requisites are : 1) Defendant has been enriched, 2) plaintiff has suffered a loss, 3)
enrichment of defendant is without just or legal ground, and 4) plaintiff has no other
action based on contract, quasi-contract, crime, or quasi-delict

- An accion in rem verso therefore is considered merely an auxiliary action, available

only when there is no other remedy on contract, quasi-contract, crime, or quasi delict. If
there is obtainable action under any other laws, accion in rem verso shall not apply.

Solutio Indebiti - is found under article 2154. If something is received when there is no right to
demand it, and it was unduly delivered through mistake, there is an obligation to return it.

Requisites for Solutio Indebiti- (1) when a payment is made when there exists no binding
relation between the payor, who has no duty to pay, and the person who received the payment
and (2) the payment is made through mistake, and not through liberality or some other cause.

- The payment must have been made by mistake of fact, or mistake in the construction or
application of a doubtful or difficult question of law
- Solutio Indebiti may only apply when no binding relation exists between the payor and
the person who received the payment.
Solutio Indebiti vs Accio in Rem Verso - both actions are based on the principle of unjust
enrichment, which demands concerns payment when there is no duty to pay, and the person
who receives has no right to be paid.

The common elements among the two are as follows:

1) The plaintiff suffers a loss
2) The defendant has been enriched
3) The enrichment of the defendant is unjust because the delivery or payment to him is
without legal or just cause
4) The defendant has the obligation to return what has been unduly delivered to him
5) The objective is to prevent unjust enrichment

The difference among the two are as follows:

1) In rem verso is an auxiliary action, meaning it arises only when there is no remedy on
contract, quasi-contract, crime, or quasi-delict
2) Solutio Indebiti on the other hand, is a form of quasi-contract.
3) For the quasi-contract of solutio indebiti to arise, there must have been a mistake of fact
or a mistake in the construction or application of a doubtful or difficult question of law

Liability without fault or negligence

Can there be liability without negligence? Yes. An example is A’s cow, to survive the flood
moved to B's highland where he cultivated his crops. A is not at fault nor is he negligent, but he
benefited regardless, thus he should indemnify B.

Article 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

Article 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

Requisites for Thoughtless Extravagance -

1) There must be an acute public want or emergency
2) The person seeking to stop it must be a government or private charitable institutions

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 case 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
 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 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
- Does not cover all cases of official wrongs. It is limited to refusal or neglect to perform
official duties.
- Requisites: 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 individua 3)
That there be willfulness or negligence in the violation of such official duty, and 4) That
there be an injury to the individual

Unfair competition - unfair competition in agricultural, commercial, or industrial enterprises

through the use of force, intimidation, deceit, machination or any other unjust method shall give
rise to a right of action by the person who thereby suffers damage.

Requisites for unfair competition -

1) Must involve and injury to a competitor or trade rival
2) Must involve acts which are characterized as “contrary to good conscience” or “shocking
to judicial sensibilities”

Article 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
high-handed method shall give rise to a right of action by the person who thereby suffers the
damage

As a general rule, a public officer is not personally liable to one injured in consequence of an act
performed within the scope of a duty. However, “any person suffering material or moral loss
because a public servant or employee refuses or englects, 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”