LAW-RELATED

STUDIES
BSED Social Studies 3-E
 Contents
Accountability of Public
01 Officers
04 Consumer Law

02 Environmental Law

05 Human Relations

03 Human Rights
 Group 5

Member 1 Joyce F. Patatag

Member 2 Kaye Frances A. Sandot

Member 3 Abbygail P. Villaruel

ACCOUNTABILITY OF
PUBLIC OFFICERS
Article XI Constitution
Sections 1-18.
Public office is a public trust. Public officers and
employees must, at all times, be accountable to the people,
serve them with utmost responsibility, integrity, loyalty,
and efficiency; act with patriotism and justice, and lead
modest lives.

Article XI - Section 1.
 What is Public office?
It is an office created by a constitutional or legislative
act having a definitive involving the power to carry our
some governmental function.

Impeachment
is a process by which who possess positions in the
government can be held accountable for causes closely
related to their conduct as public officials.
The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust.
All other public officers and employees may be removed from office
as provided by law, but not by impeachment.

Article XI - Section 2
The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment.

Article XI - Section 3
 PROCESS OF IMPEACHMENT
01 Filling
05 Committee hearings

02 Referral to speaker
06 Submission of report

03 Inclusion in order of
business 07 House vote

04
Referral to the house
Committee on Justice 08 Impeachment trial
 Effects of Conviction

1 2 3

Disqualification to Party convicted

hold any other shall be liable and
Removal from office under the subject to
office Republic of the prosecution, trial
Philippines. and punishment
according to law.
 The present anti-graft court known as the
Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may
be provided by law.

Article XI Section 4
 There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy
each for Luzon, Visayas, and Mindanao. A separate Deputy
for the military establishment may likewise be appointed.

Article XI Section 5
The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
Service Law.

Article XI Section 6
Section 7. The existing Tanod bayan shall hereafter be known as
the Office of the Special Prosecutor. It shall continue to
function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the
Ombudsman created under this Constitution.

Article XI Section 7.
The Ombudsman and his Deputies shall be natural-born citizens of the
Philippines, and at the time of their appointment, at least forty years old, of
recognized probity and independence, and members of the Philippine Bar,
and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have, for ten years or
more, been a judge or engaged in the practice of law in the Philippines.

Article XI Section 8.
Appointment of the Ombudsman and His Deputies

Appointed by the President from a list of atleast 6 nominees

prepared by the judicial and Bar council, and from a list of at least
3 for every vacancy thereafter. All vacancies shall be filled within 3
months after they occur.

Article XI Section 9
 The Ombudsman and his Deputies shall have the rank of Chairman and
Members, respectively, of the Constitutional Commissions, and they shall
receive the same salary which shall not be decreased during their term of
office.

Article XI Section 10

Term of Office
7 years without reappointment

Article XI Section 11
The Ombudsman and his Deputies, as protectors of the people, shall act
promptly on complaints filed in any form or manner against public officials
or employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations and shall, in appropriate cases, notify the complainants of the
action taken and the result thereof.

Article XI Section 12
 THE POWERS, FUNCTIONS AND DUTIES OF THE
OMBUDSMAN
Direct, upon complaint or at its own instance, any

Investigate on its own, or on complaint by any public official or employee of the Government, or any

person, any act or omission of any public official, subdivision, agency or instrumentality thereof, as well

employee, office or agency, when such act or as of any government-owned or controlled corporation

omission appears to be illegal, unjust, improper, or with original charter, to perform and expedite any act

inefficient. or duty required by law, or to stop, prevent, and

correct any abuse or impropriety in the performance
of duties.

01 02

Article XI Section 13
 THE POWERS, FUNCTIONS AND DUTIES OF THE
OMBUDSMAN
Direct the officer concerned, in any appropriate case,
Direct the officer concerned to take appropriate
and subject to such limitations as may be provided by
action against a public official or employee at
law, to furnish it with copies of documents relating to
fault, and recommend his removal, suspension,
contracts or transactions entered into by his office
demotion, fine, censure, or prosecution, and
involving the disbursement or use of public funds or
ensure compliance therewith.
properties, and report any irregularity to the
Commission on Audit for appropriate

03 04

Article XI Section 13
 THE POWERS, FUNCTIONS AND DUTIES OF THE
OMBUDSMAN

Request any government agency for assistance

and information necessary in the discharge of its Publicize matters covered by its investigation when

responsibilities, and to examine, if necessary, circumstances so warrant and with due prudence.

pertinent records and documents.

05 06

Article XI Section 13
 THE POWERS, FUNCTIONS AND DUTIES OF THE
OMBUDSMAN

Determine the causes of inefficiency, red tape,

mismanagement, fraud, and corruption in the Promulgate its rules of procedure and exercise such

Government and make recommendations for their other powers or perform such functions or duties as

elimination and the observance of high standards may be provided by law.

of ethics and efficiency.

07 08
Article XI Section 13
The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.

Article XI Section 14
The right of the State to recover properties unlawfully acquired by public
officials or employees, from them or from their nominees or transferees,
shall not be barred by prescription, laches, or estoppel.

Article XI Section 15
No loan, guaranty, or other form of financial accommodation for any
business purpose may be granted, directly or indirectly, by any government-
owned or controlled bank or financial institution to the President, the Vice-
President, the Members of the Cabinet, the Congress, the Supreme Court,
and the Constitutional Commissions, the Ombudsman, or to any firm or
entity in which they have controlling interest, during their tenure.

Article XI Section 16
A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his
assets, liabilities, and net worth. In the case of the President, the Vice-
President, the Members of the Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional offices, and officers of
the armed forces with general or flag rank, the declaration shall be disclosed
to the public in the manner provided by law.

Article XI Section 17
Public officers and employees owe the State and this Constitution allegiance
at all times and any public officer or employee who seeks to change his
citizenship or acquire the status of an immigrant of another country during
his tenure shall be dealt with by law.

Article XI Section 18
 ENVIRONMENT
AL LAW
I. Philippine Environmnent Policy (P.D 1151)

II. Constitutional Provisions on Environmental Law (1987)

III. Philippine Clean Air Act of 1999

 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTION

1    Policy of the State.

(a) to  create, develop, maintain, and improve conditions under which man and nature can
thrive in  productive and enjoyable harmony with each other,

(b) to fulfill the social, economic and other  requirements of present and future
generations of Filipinos, and

(c) to insure the attainment of  an environmental quality that is conducive to a life of
dignity and well-being. 
 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTION

2     Goals.
(a) recognize, discharge and fulfill the  responsibilities of each generation as trustee and
guardian of the environment for succeeding  generations,
(b) assure the people of a safe, decent, healthful, productive and aesthetic  environment,
(c) encourage the widest exploitation of the environment without degrading it, or  endangering
human life, health and safety or creating conditions adverse to agriculture,  commerce and
industry,
(d) preserve important historic and cultural aspects of the Philippine  heritage,
(e) attain a rational and orderly balance between population and resource use, and
(f)  improve the utilization of renewable and non-renewable resources.
 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTION

3     Right to a Healthy Environment.

 Government recognizes the right of the people to a healthful environment.

 It shall  be the duty and responsibility of each individual to contribute to the preservation
and  enhancement of the Philippine environment.
 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTION

4      Environmental Impact Statements. 

a. the environmental impact of the proposed action, project or undertaking;

b. any adverse environmental effect which cannot be avoided should the proposal  be
implemented;
c. alternative to the proposed action; 

d. a determination that the short-term uses of the resources of the environment are
 consistent with the maintenance and enhancement of the long-term productivity  of the same;
and 
 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTION

4      Environmental Impact Statements. 

e. whenever a proposal involves the use of depletable or non-renewable resources,  a finding

must be made that such use and commitment are warranted.

Before an environmental impact statement is issued by a lead agency, all agencies  having
jurisdiction over, or special expertise on, the subject matter involved shall comment on  the
draft environmental impact statement made by the lead agency within thirty (30) days from
 receipt of the same.
 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTION

5      Agency Guidelines. 

The different agencies charged with  environmental protection as enumerated in Letter of

Instruction No. 422 shall, within sixty (60)  days from the effectivity of this Decree, submit
to the National Environmental Protection Council  (NEPC), their respective guidelines, rules
and regulations to carry out the provisions of Sec. 4  hereof on environmental impact
assessments and statements.
 PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

SECTIONS

6    Repealing Clause 

All Acts, Presidential Decrees, executive orders,  rules and regulations or parts thereof which
are inconsistent with the provisions of this Decree  are hereby repealed, amended or modified
accordingly. 

7 Effectivity. 

This Decree shall take effect immediately. 

 Constitutional Provisions on
Environmental Law (1987)

The State shall protect and advance the right

of the people to a balanced and healthful
ecology in accord with the rhythm and
harmony of nature.

Article II. Section 16

 Republic Act No. 4850 was enacted to
create the Laguna Lake Development
Authority (LLDA) to promote and
accelerate the development and balanced
growth of the Laguna Lake area and the
surrounding provinces, cities and towns
within the context of the national plans and
policies for social and economic
development.
  Laguna de Bay is the
largest and most essential
inland body of water in the  
country. There are about
28,000 fisherfolk families
that depend on it for
livelihood. The
lake contributes
approximately 85,000
metric tons of fish
annually to the fish supply
of
Metro Manila and adjacent
provinces.
AN ACT TO
REORGANIZE THE
LAGUNA LAKE
DEVELOPMENT
AUTHORITY (LLDA),
APPROPRIATING
FUNDS THEREFOR
AND FOR OTHER
PURPOSES.
 Philippine
Clean Air Act
of 1999
 What is clean air?

✓It is the air that has

no harmful levels of
v v v
pollutants.
 As the cities and industries
around the country increase in
number, however, clean air has
become polluted, that it was
necessary for the Philippine
government to pass a law that
would ensure safe air for
Filipinos to breathe in.

WHAT LAW PROTECTED
OUR AIR?
The law protected our air is
the Republict act No. 8749.
Otherwise known as the
Philippine clean air act of
1999.
HOW THIS LAW PROTECTED OUR
AIR? AND WHAT IS THIS LAW?
 Philippine clean air act of 1999, Is
an act providing for a
comprehensive air pollution control
policy and other purposes.
 Contains 7 chapters and 56
sections.
 Approve on June 23, 1999 under
the administration of Joseph
Estrada.
 The law adherence to constitutional right of people to " a
balance and healthful ecology in accord with the rhythm of
nature" It also believes that polluters should be held
accountable, because a clean and healthy environment benefits
everyone, it should be
a top priority for everyone.

The Department of Environment and natural

Resources through its Environment
management Bureau (DENR-EMB) is leading
the strict implementation of the clean air
Act.
 IMPORTANCE OF
PHILIPPINE CLEAN AIR ACT

Promote public information and education to

encourage the participation of an informed and
active public in air quality planning and
monitoring and formulate and in force a system
of accountability for short and long term
adverse environmental impact of a project,
program or activity.
This act encourages to stop burning garbage and wrong disposal,
smoking in public places smoke of public transport, over smoke
factories and burning of agricultural fields.
  Industrial
enforcement
 Linis/Ligtas Hangin program for  Strong collaboration
Program with the stationary sources. between government
Bantay Tambutso  Promotion of clean and stakeholders on
 Bantay Tsimnea and fuel. measures to address
Bantay Sunog: pollution.

PROGRAMS OR ACTIVITIES
IMPLEMENTED TO ACHIEVE THIS
OBJECTIVE

GOVERNMENT AGENCIES THAT
SUPPORT THE ACT
• Department of Transportation and
Communication (DOTC)
• Department of Science and Technology
(DOST)
• Department of Trade and Industry
(DTI)
• Department of Energy (DOE)
• Department of Education (DepEd),
Commissionon Higher Education (CHED)
Department of Interior and Local
Government (DILG) and the Local
Government Units (LGUS)
• Philippine Information Agency (PIA)
• Philippine Atmospheric, Geophysical
and Astronomical Services
Administration (PAG-ASA)
• Philippine Nuclear Research Institute
(PNRI)
HUMAN
RIGHTS
 What is Human
Rights?
"Human rights are regarded as a system of values or
elements which are inherent to human dignity."
- Jose Zalaquett
 Human Rights
The sum or collection of all privileges, claims, benefits,
entitlements and moral guarantees that are given to a
person because he or she is human.
The right to be free and
do whatever we want.
 What are the kinds of human
rights?
KINDS OF HUMAN
RIGHTS

ECONOMIC, SOLIDAR
LIBERTY
SOCIAL AND ITY
RIGHTS CULTURAL RIGHTS
 PRINCIPLES
What are the principles behind the concept of
human rights?

UNIVERSALITY

INDIVISIBILITY AND
INTERDEPENDENCE
CHARACTERISTICS
What are the characteristics of
human rights?

✓ INHERENT - Rights already with

the person since birth

✓ INALIENABLE - NO ONE can take

away your natural human rights.

✓ UNIVERSAL - EVERYONE is
entitled to his/her human right.
COMPONENTS
What comprises human rights?

THE SUBJECT OR
THE RIGHT HOLDER OBJECT

DUTY HOLDER IMPLEMENTATION

CONSUMER
LAW
 CONSUMER
Learning Objectives: LAW
 Discuss the basic coverage and concepts pertaining to
consumer law.
CONSUMER RIGHTS

(Consumer Act of the

Philippines)
Consumer Rights under
the RA No. 7394
 Consumer Responsibilities
 Government agencies tasked to help the
consumers
 • Known as the Consumer Act of the Philippines.
• The policy of the State to protect the interests of the
consumer.
• Promotes general welfare and to establish standards of
conduct for business and industry to implement measures to
achieve among others, the protection against deceptive,
unfair and unconscionable sales acts and practices.

RepubIic Act 7394

8 CONSUMER
RIGHTS
 The Right to a Healthy The Right to Basic Needs.
Environment.
08 01

The Right to The Right to Safety.

07

02
Consumer Education.
8
CONSUME
R

03
06
The Right to Redress. RIGHTS The Right to Information.
04
05

The Right to Representation.  The Right to Choose.

 The right that guarantees survival,
adequate food, clothing, shelter,
health care, education and
sanitation. You may look forward to
the availability of basic and prime
commodities to consumers at

The Right to Basic affordable prices and of good

quality.
Needs.
 The right to be protected against
the marketing of goods or the
provision of services that are
hazardous to health and life.

The Right to Safety.

 The right to be protected against
fraudulent/dishonest or misleading
advertising/labelling/promotion
and the right to be given the facts
and information needed to make an

The Right to informed choice.

Information.
 The right to choose products at
competitive prices with an
assurance of satisfactory quality.

The Right to
Choose.
 The right to express consumer
interests in the making and
execution of government policies.

The Right to
Representation.
 The right to be compensated for
misrepresentation, shoddy goods
or unsatisfactory services.

The Right to
Redress.
 The right to acquire the knowledge
and skills necessary to be an
informed consumer.

The Right to
Consumer
 The right to live and work in an
environment which is neither
threatening nor dangerous, and
which permits a life of dignity and

The Right to a well-being.

Healthy
 Consumer
Responsibilities
 Consumer
1. Critical Awareness. 
The responsibility to be more alert and
questioning about the use and the price

Responsibilities
and quality of goods and services we
use.

2. Action. 
The responsibility to assert ourselves and
act to ensure that we get a fair deal.
Remember that as long as we remain
passive consumers, we will continue to be
exploited.
 Consumer
3. Social Concern. 
The responsibility to be aware of the
impact of our consumption on other

Responsibilities
citizens, especially the poor, exploited,
disadvantaged or powerless groups,
whether in the local, national or
international community.

4. Environmental Awareness. 
The responsibility to understand the
environmental consequences of our
consumption. We should recognize our
individual and social responsibility to conserve
natural resources and protect the earth for
future generations.
 Consumer
Responsibilities 5. Solidarity.
 The responsibility to organize together as
consumers to develop the strength and
influence to promote and protect our
interests.
 GOVERNMENT AGENCIES
TASKED
TO HELP CONSUMERS
(BIR) BUREAU OF (BAI) BUREAU OF
INTERNAL REVENUE ANIMAL INDUSTRY
(BSP) BANGKO (BPI) BUREAU OF
SENTRAL NG PILIPINAS PLANT INDUSTRIES
(DA) DEPARTMENT OF (NFA) NATIONAL FOOD
AGRICULTURE
(DOJ) DEPARTMENT (DOF)AUTHORITY
DEPARTMENT OF
OF JUSTICE FINANCE
(CAB) CIVIL (IC) INSURANCE
AERONAUTICS COMMISSION
 Human
Relations
Republic Act No. 386, Civil Code of the
Philippines
 Article Article 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.
 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.
Article Article
20
Every person who,
contrary to law, willfully or
negligently causes damage
to another, shall indemnify
the latter for the same.
 Article Article Article

19 20 21
Every person must, in the Any person who willfully causes
Every person who,
exercise of his rights and in loss or injury to another in
contrary to law, willfully
the performance of his manner that is contrary to
or negligently causes
duties, act with justice, give morals, good customs or public
damage to another, shall
everyone his due, and policy shall compensate the latter
indemnify the latter for
observe honesty and good for the damage.
the same.
faith.
 Article 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.
 Article 23.

윤지과 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.
윤지과 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.
윤지과
 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.
 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 cause 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 of another;

(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.
 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 highhanded method
shall give rise to a right of action by the person
who thereby suffers damage.
 Article 29.
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 require the plaintiff to file a bond to
answer for damages in case the complaint should be found to be
malicious. 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.
 Article 30.
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 likewise be sufficient
to prove the act complained of.
 Article 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 latter.
 Article 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:
 Article 32

1
Freedom of religion;
 Article 32 Article 32

1 2
Freedom of religion; Freedom of speech; .
 Article 32 Article 32 Article 32

1 2 3
Freedom of religion; Freedom of speech; Freedom to write for the
press or to maintain a
periodical publication;
 Article 32

4
Freedom from arbitrary or
illegal detention;
 Article 32 Article 32

4 5
Freedom from arbitrary or Freedom of
illegal detention; suffrage; .
 Article 32 Article 32 Article 32

4 5 6
Freedom from Freedom of suffrage; The right against
arbitrary or illegal deprivation of property
detention; without due process of law;
 Article 32

7
The right to a just
compensation when private
property is taken for public
use;
 Article 32 Article 32

7 8
The right to a just The right to the equal
compensation when private protection of the
property is taken for public laws;
use;
 Article 32 Article 32 Article 32

7 8 9
The right to a just The right to the equal The right to be secure in one's
compensation when protection of the laws; person, house, papers, and
private property is effects against unreasonable
taken for public use; searches and seizures;
 Article 32

10
The liberty of abode and
of changing the same;
 Article 32 Article 32

10 11
The liberty of abode and The privacy of
of changing the same; communication and
correspondence;
 Article 32 Article 32 Article 32

10 11 12
The liberty of abode The privacy of The right to become a member
and of changing the communication and of associations or societies for
same; correspondence; purposes not contrary to law;
 Article 32

13
The right to take part in a
peaceable assembly to
petition the Government
for redress of grievances;
 Article 32 Article 32

13 14
The right to take part in a The right to be a free
peaceable assembly to from involuntary
petition the Government servitude in any form;
for redress of grievances;
 Article 32 Article 32 Article 32

13 14 15
The liberty of abode The right to be a free The right of the accused
and of changing the from involuntary against excessive bail;
same; servitude in any form;
Article 32

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;
 Article 32

17
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;
 Article 32

18
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
Article 32

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 shall proceed independently of any criminal prosecution (if the latter be instituted), and may
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.
 Article 33.
In cases of defamation, fraud, and physical injuries a 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, and shall require only a preponderance of evidence.
 Article 34.
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 of
evidence shall suffice to support such action.
 Article 35.
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 complaint 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.
 Article 36.
Pre-judicial 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.
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