Special Torts

Law on Human Relations

Law on Human Relations
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. (NCC)

Art. 20. Every person who, contrary to law, willfully or

negligently causes damage to another, shall indemnify the latter
for the same. (NCC)

Art. 21. Any person who willfully 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. (NCC)
Law on Human Relations
Common element under articles 19 and 21:
the act must be intentional

An action can only proper when damage, material or otherwise,

was suffered by the plaintiff.
An action based on Articles 19-21 will be dismissed if the plaintiff
merely seeks “recognition”

A defendant may likewise be guilty of tort under Articles 19-

21 even if he acted in good faith.
In these cases, liability to pay moral damages may not be imposed
on the defendant who acted in good faith
Law on Human Relations
ABUSE OF RIGHTS (ART 19)
There is a legal right or duty
The right or duty is exercised in bad faith
For the sole intent of prejudicing or injuring another

GENERAL SANCTION (ART. 20)

For all other provisions of law which do not especially provide
their own sanction
 In the exercise of his legal right or duty
 Willfully or negligently causes damage to another

Article 20 does not distinguish, the act may be done either

willfully or negligently
Law on Human Relations
CONTRA BONUS MORES (ART 21)
There is an act which is legal
But which is contrary to morals, good
custom, public order or public policy
And it is done with intent to injure
Damages are recoverable even if no positive
law has been violated
Law on Human Relations
Examples of Acts Contra Bonus Mores:
1. BREACH OF A PROMISE TO MARRY
 GENERAL RULE: Breach of a promise to marry by itself is not

actionable.
 EXCEPTION: In cases where there is another act independent

of the breach of a promise to marry which gives rise to liability

 Cases where there was financial damage

 Social humiliation caused to one of the parties

 Where there was moral seduction

 If the breach was done in a manner that is clearly contrary

to good morals
Law on Human Relations
Examples of Acts Contra Bonus Mores:
2. SEDUCTION WITHOUT BREACH OF PROMISE TO
MARRY
 Seduction by itself, is also an act contrary to morals, good
customs and public policy
 The defendant is liable if he employed deceit, enticement,
superior power or abuse of confidence in successfully having
sexual intercourse with another even if he is satisfied his lust
without promising to marry the offended party
 It may not even matter that the plaintiff and the defendant are
of the same gender
Law on Human Relations
Examples of Acts Contra Bonus Mores:
3. SEXUAL ASSAULT
 Defendant is liable for all forms of sexual assault

4. DESERTION BY A SPOUSE
 A spouse has the legal obligation to live with his/her spouse. If
a spouse does not perform his/her duty to the other, he may
be liable for damages for such omission because the same is
contrary to law, morals, good customs and public policy.
Law on Human Relations
Examples of Acts Contra Bonus Mores:
5. TRESPASS AND DEPRIVATION OF PROPERTY
 TWO KINDS:

A. TRESPASS TO AND/OR DEPRIVATION OF REAL PROPERTY

 Liability for damages under the RPC and Art. 451 of the Civil Code requires intent or

bad faith
 A builder in good faith who acted negligently may be held liable under Art. 2176 NCC

 Art. 448 of the Civil Code in relation to Art.

 456 does not permit action for damages where the builder, planter or sower acted in

good faith. The landowner is limited to the options given to him under article 448

B. TRESPASS TO AND/OR DEPRIVATION OF PRIVATE PROPERTY

 In the field of tort, trespass extends to all cases where a person is deprived of his

personal property even in the absence of criminal liability

 Examples: theft, robbery
Law on Human Relations
Examples of Acts Contra Bonus Mores:
6. ABORTION AND WRONGFUL DEATH
 Damages may be recovered by both spouses if:
 The abortion was cause through the physician’s
negligence or
 Was done intentionally without their consent

 NOTE: A doctor who performs an illegal abortion is criminally

liable under Art. 259 RPC
Law on Human Relations
Examples of Acts Contra Bonus Mores:
7. ILLEGAL DISMISSAL
 The right of the employer to dismiss an employee should not
be confused with the manner in which the right is exercised
and the effects of flowing therefrom.
 If the dismissal was done anti-socially and oppressively, the
employer should be deemed to have violated Art. 1701 of the
Civil code (which prohibits acts of oppression by either capital
or labor against the other) and Art. 21
 An employer may be held liable for damages if the manner of
dismissing is contrary to morals good customs and public
policy.
Law on Human Relations
Examples of Acts Contra Bonus Mores:
8. MALICIOUS PROSECUTION
 An action for damages brought by one against another whom a criminal prosecution,
civil suit, or other legal proceeding has been instituted maliciously and without
probable cause, after termination of such prosecution, suit or proceeding in favor
of the defendant therein. The action which is terminated should be one begun in
malice, without probable cause to believe that the charges can be sustained.

 ELEMENTS:
 The fact of the prosecution and the further fact that the defendant was himself the

prosecutor; and that the action was finally terminated with an acquittal
 That in bringing the action, the prosecutor acted without probable cause

 The prosecutor was actuated or impelled by legal malice

 NOTE: Presence of probable cause signifies absence of malice.

Law on Human Relations
Examples of Acts Contra Bonus Mores:
9. PUBLIC HUMILIATION
 Such acts also constitute an offense under Art. 359, RPC (slander by deed)

10. UNJUST ENRICHMENT

 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.

 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.
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
11. OSTENTATIOUS DISPLAY OF WEALTH
 Thoughtless extravagance for pleasure or display during a period of public
want or emergency

12. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS

 The following acts though they may not constitute a criminal offense, shall

produce a cause of action for damages, prevention and other relief:

 Prying into the privacy of another's residence

 Meddling with or disturbing the private life or family relations of

another
 Intriguing to cause another to be alienated from his friends

 Vexing or humiliating another on account of his religious beliefs, lowly

station in life. Place of birth, physical defect, or other personal

condition
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
13. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS
 May be brought by any person suffering from material or moral

loss because a public servant refuses or neglects, without just

cause to perform his official duty (art 27).
 REQUISITES:
 defendant is a public officer charged with the performance of a

duty in favor of the plaintiff

 he refused or neglected without just cause to perform such duty

(ministerial)
 plaintiff sustained material or moral loss as consequence of such

non-performance
 the amount of such damages, if material
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
14. UNFAIR COMPETITION
 Unfair competition in agricultural, commercial or industrial
enterprises or in labor through the use of force, intimidation,
deceit. Machination or other unjust, oppressive or
highhanded method (Art 28)
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
15. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON
 Art. 32. Any public officer or employee, or any private individual, 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:
 Freedom of religion;

 Freedom of speech;

 Freedom to write for the press or to maintain a periodical publication;

 Freedom from arbitrary or illegal detention;

 Freedom of suffrage;

 The right against deprivation of property without due process of law;

 The right to a just compensation when private property is taken for public use;

 The right to the equal protection of the laws;

 The right to be secure in one's person, house, papers, and effects against

unreasonable searches and seizures;

Law on Human Relations
 Examples of Acts Contra Bonus Mores:
15. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON
 The liberty of abode and of changing the same;

 The privacy of communication and correspondence;

 The right to become a member of associations or societies for purposes not contrary to law;

 The right to take part in a peaceable assembly to petition the government for redress of

grievances;
 The right to be free from involuntary servitude in any form;

 The right of the accused against excessive bail;

 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;
 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;
 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;
and
 Freedom of access to the courts.
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
15. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER
PERSON
 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
shall proceed independently of any criminal prosecution (if the latter
be instituted), and mat be proved by a preponderance of evidence.

 The indemnity shall include moral damages. Exemplary damages

may also be adjudicated. The responsibility 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.
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
15. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER
PERSON
 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
shall proceed independently of any criminal prosecution (if the latter
be instituted), and mat be proved by a preponderance of evidence.

 The indemnity shall include moral damages. Exemplary damages

may also be adjudicated. The responsibility 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.
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
16. NUISANCE
 Any act, omission, establishment, condition of property, or
anything else which:
 Injures or endangers the health or safety to others,
or
 Annoys or offends the senses, or

 Shocks, defies, or disregards decency or morality, or

 Obstructs or interferes with the free passage of any

public highway or streets, or any body of water

 i. Hinders or impairs use of property
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
16. NUISANCE
 KINDS
 Nuisance Per Se - denounced as nuisance by common law or by
statute
 Nuisance Per Accidens - which are in their nature not nuisances,

but may become so by reason of their locality, surroundings, or the

manner in which they may be conducted, managed, etc.
 Public - affects a community or neighborhood or any considerable

number of persons
 Private - one that is not included in the foregoing definition; affect

an individual or a limited number of individuals only

Law on Human Relations
 Examples of Acts Contra Bonus Mores:
16. NUISANCE
 REMEDIES AGAINST PUBLIC NUISANCES
 Prosecution under the RPC or any local ordinance

 Civil action

 Abatement, without judicial proceeding

 WHO MAY AVAIL OF REMEDIES

 Public officers

 Private persons - if nuisance is specially injurious to himself; the ff. steps must be made:

 Demand be first made upon owner or possessor of the property to abate the nuisance

 That such demand has been rejected

 That the abatement be approved by the district health officer and executed with the

assistance of local police

 That the value of destruction does not exceed P3,000
Law on Human Relations
 Examples of Acts Contra Bonus Mores:
16. NUISANCE
 REMEDIES AGAINST PRIVATE NUISANCES
 Civil action

 Abatement, without judicial proceedings

 WHO MAY AVAIL OF REMEDIES

 Public officers

 Private persons - if nuisance is specially injurious to himself; the ff. steps

must be made:
 Demand be first made upon owner or possessor of the property to abate

the nuisance
 That such demand has been rejected

 That the abatement be approved by the district health officer and executed

with the assistance of local police

Asynchronous Task
1. Magbanua vs. IAC. G.R. Nos. L-66870-72 June
29, 1985
2. Antonio Geluz vs. CA. G.R. No. L-16439. July
20, 1961
3. Patricio v. Hon. Oscar Leviste. G.R. No. L-
51832 April 26, 1989
4. Grand Union Supermarket v. Espino. G.R. No.
L-48250 December 28, 1979
5. Yasoña vs. De Ramos. G.R. No. 156339.
October 6, 2004