Persons and Family Relations: Human Relations Notes

Notes on

Articles 19 to 36

Human Relations

Art. 19. Abuse of Right Doctrine

Every person must, in the exercise of his rights, in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Provides a rule of conduct that is consistent with an orderly and harmonious relationship between and among men and women.

Sets certain standards which may be observed not only in the exercise of one's rights but also in the performance of one's duties.

Elements of abuse of rights:

1. There is a legal right or duty;
2. Which is exercised in bad faith;
3. For the sole intent if prejudicing or injuring another

Art. 20. Willfully or negligently causes damage to another

Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

Speaks of the general sanction for all other provisions of law which do not especially provide for their own sanction.

Designed to fill in the countless gaps in the statutes, which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury.

Art. 21. Contrary to good customs, moral, public policy

Any person who willfully causes losses or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Deals with the acts contra bonus mores or against good morals.

Elements:

1. There is an act which is legal
2. But which is contrary to morals, good customs, public order, or public policy;
3. And it is done with the intent to injure.

• Arts 19, 20, 21 are related to each other and under these articles an act which causes injury to another may be made the basis for an award of damages

Art. 22. Prevention of unjust enrichment

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.

Art. 23.

Even when an act or even causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnify if through the act or event he was benefited.

Unjust enrichment. No person can claim what is not validly and legally his or hers.

Nemo cum alterius detrimento locupletari potest. No one shall enrich himself at the expense of another.

Art. 24. Protecting the rights of the disadvantage

In all contractual, property or other relations, when one of the parties as 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.

Court vigilance. The court must render justice, therefore, must be vigilant in protecting the rights of the disadvantaged with the end in view that any decision will be in consonance with what is right and what is legal.

Art. 25. Extravagance during emergency.

Thoughtless extravagance in the 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.

 The law seeks to prevent inconsiderate and ostentatious activities during times of emergency.

Art. 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.

Protection of human dignity. Meant to regard human life and safety, to forestall human suffering or to try to protect persons from being unjustly humiliated.

Art. 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.

Relief against public officials. A public official is supposed to be a representation of the government, and therefore, the law exacts on him an obligation to be vigilant and just so that the public can be assured that the government is truly effective in servicing their needs.

Any person, suffering from the refusal or neglect of any public servant to perform his duties, is entitle to damages.

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.

Necessary in a system of free enterprise to give others fair chance to engage in business or earn a living.

Art. 29. Civil action when guilt is not proved beyond reasonable doubt.

When the accuse in 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.

Civil Action. When the guilt of the accused is not proven beyond reasonable doubt, civil action to prove the civil liability can still be filed where only preponderance of evidence is needed.

Proof beyond reasonable doubt. The amount of proof which forms an abiding moral certainty that the accused committed the crime charge. It is not absolute certainty.

Preponderance of evidence. The evidence adduced by one side outweighs the other.

Art. 30. Civil obligation arising from a criminal offense.

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 civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

Even if a civil obligation arose from a criminal offense, the required quantum of evidence in a civil suit to claim such civil obligation is not proof beyond reasonable doubt but merely preponderance of evidence.

In short, civil obligation arising from a criminal offense only needs a preponderance of evidence as a quantum of proof.

Art. 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.

Civil action not arising from felony. Article 31 seeks to give an aggrieved party a remedy and a cause of action in this kind of situations.

Civil action arises not from felony if there is no pre-existing contractual relations between the parties ---> quasi-dilect.

This provision is evidently refers to a civil action based, not on the act or omission charged as a felony in a criminal case, but to one based on obligation arising from other sources, such as law or contract. The first is governed by the provisions of the Civil Code, and not those of the RPC.

An independent civil action is an action based upon the same criminal act as in the case of Arts 32, 33, 34.

Quasi-delict is culpa aquiliana and is separate and distinct from criminal negligence, which is a delict, which is punishable under the RPC.

This article also applies to  culpa contractual.

Art. 32.

Any public officer or employee, or any private individual, who directly or indirectly obstruct 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:

1. Freedom of religion;
2. Freedom of speech;
3. Freedom to write for the press or to maintain a periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;
6. Freedom against deprivation of property without due process of law;
7. The right to just compensation when private property is taken for public use;
8. The right to the equal protection of the laws;
9. The right to be secure in one's person, houses, papers, and effects against unreasonable searches and seizures;
10. The liberty of abode and of changing the same;
11. The privacy of communication and correspondence;
12. The right to become a member of any associations or societies for purposes not contrary to law;
13. The right to take part in peaceable assembly to petition the government for redress of grievances;
14. The right to be free from involuntary servitude in any form;
15. The right of the accused against excessive bail;
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;
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;
18. Freedom from excessive fines, or cruel or unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and
19. Freedom of access to the courts.

In any case referred to in this article, whether or not the defendant's act or omission constitute 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 my be proved by a preponderance of evidence.

The indemnity shall include moral damage. 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.

Separate civil action for violation of constitutional rights. 1947 Code Commission found it imperative that a separate civil action is necessary for the violation of the individual's constitutional rights.

Art 32 renders any public officer of employee or any private individual liable in damages for violating the constitutional rights and liberties of another.

Reasons:

1. Threat to freedom originates from abuses of power of government officials. The citizen had to depend upon the prosecution attorney for the institution of criminal proceedings, in order that the wrongful act might be punished under the RPC and the civil liability exacted.
2. Even when the prosecuting attorney filed a criminal action, the requirement of proof beyond reasonable doubt often prevented the appropriate punishment.
3. Direct and open violations of the Penal Code trampling upon the freedoms named are not so frequent as those indirect ways which do not come within the pale of penal law

Good faith not a defense. The very nature of Art 32 is that the wrong may be civil or criminal. It is not necessary therefore that there should be malice or bad faith.

Art 33. Civil action for violation of private rights

In case 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.

Principle is allow the citizen to enforce his rights in a private action brought by him, regardless of the action of the State attorney.

Defamation, fraud, and physical injuries and are understood in their ordinary sense. Fraud, estafa; defamatory, libel; physical injuries, death or crime of homicide, but it cannot include reckless imprudence resulting in homicide.  Why? Because it is not listed in the crimes under Art 33.

This article authorizes the institution of an independent civil action for damages, which shall proceed independently of the criminal prosecution and shall be proved by a preponderance evidence.

Art. 34. Members of the police force.

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 subsidiary responsible therefor. The civil action herein recognized shall be independent of any criminal proceeding, and a preponderance of evidence shall suffice to support such action.

Refusal to render needed assistance whenever a citizen go to seek help can be a basis for claiming damages against them. The city or municipality shall be subsidiary responsible therefor.

Art. 35. Reservation of civil action.

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 complainant may bring civil action for damages against the alleged offender. Such civil action shall be supported by 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.

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.

Rules of the Court sets out the procedure with respect to the reservations in criminal cases with respect to civil liability of the accused:

1. Institution of criminal and civil actions.
2. When separate civil action is suspended
3. When civil action may proceed independently
4. Effect of death on civil actions.

Art. 36. Prejudicial Question.

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.

-        The general rule is that the criminal case takes precedence; an exception would be if there exist prejudicial questions, which should be resolved before the criminal case.

PREJUDICIAL QUESTION: That which must precede the criminal action that which requires a decision before a final judgment is rendered in the principal action where the said question is closely connected. The resolution of the Prejudicial question will determine if the criminal action may proceed.

Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also filed a civil case against C (the second spouse) contending that she was intimidated into marrying C. The civil case to determine whether there was intimidation or not must necessary be resolved before the bigamy case. If B was indeed intimidated in marrying C, there is no bigamy.

- Persons and Family Relations, 2009, Sta. Maria, Melencio S. 

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Persons and Family Relations: Effect and Application of Laws Notes

Notes on:

Articles 1 -20

Effect and Application of Laws

Art 1. Republic Act Number 386

This act shall be known as the Civil Code of the Philippines

Republic Act No. 386 prepared by the Roxas Code Commission, created via EO No. 48 March 20, 1947

An Act to Ordain and Institute the Civil Code of the Philippines

Art 2. Effectivity of the Civil Code

Laws shall take effect after 15 days following the date of their publication in the Official Gazette, unless otherwise provided. This Code shall take effect one year after publication.

1950 Civil Code took effect on August 30, 1950

Effectivity of Laws. When a statute does not explicitly provide for its effectivity, it shall have effect only after the expiration of the 15-day period following the completion of its publication either in the Official Gazette or in a newspaper of general circulation.

Art 3.

Ignorance of the law excuses no one compliance therewith.

Ignorantia legis non excusat

It is a presumption that every person knows the law. Article 3 applies only to mandatory or prohibitory laws.

Art 4. Non-retroactivity of laws

Laws shall have no retroactive effect, unless the contrary is provided.

That law looks into the future and has no retroactive effect unless the legislature may have given effect to some legal provisions.

Retroactive Application

• When the law expressly provides for retroactivity.
• When the law is curative or remedial
• When the law is procedural
• When the law is penal in character and favorable to the accused.

Art 5. Mandatory and Prohibitory Laws

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

Mandatory law. Law is one the omission which renders the proceeding or acts to which it relates generally illegal or void

Prohibitory law. Contain positive prohibitions and are couched in negative terms

Art 6. Waiver

Rights may be waived, unless the waiver is contrary to law, public policy, morals or good customs, or prejudicial to the third person with right recognized by the law.

Waiver - intentional relinquishment of a known right.

It is important that a right, in order that it may be validly waived, must be in existence at the time of the waiver

When to waive your rights?	When you know there is a right exists
	You require knowledge of facts basic to the exercised of the right waived
	You must be aware of its consequences

Prohibition against waiver. If it is contrary to law, public order, policy, morals, good customs, prejudicial to the 3rd person with a right recognized by the law.

Rights, protections, and advantages conferred by statutes are generally waived.

Art 7. Repealed Laws

Law are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom, or practice to the contrary.

When the court declare a law to be inconsistent with the Constitution, the former shall be void the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

Repeal of law. Legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof.

Express repeal. Repeal by which literally declared by a new law

   Specific terms. Where particular laws and provisions are named and identified and declared to be repealed.

   General terms. Where a provision in new law declares all laws and parts of laws inconsistent to be repealed.

Implied repeal. New law contains provisions contrary to the Constitution with those of a former without expressly repealing them.

Unconstitutional Statutes.  The Constitution is the supreme organic and fundamental law of the land.

The constitutionality of unconstitutionality of the statute depends upon factor other than those existing at the time of the enactment, unaffected by acts or omissions of law enforcing agencies, specially those that take place subsequently.

Partial Unconstitutionality of Statutes. Where the portion of the statute is rendered unconstitutional and the remainder valid, the parts will be separated, and the constitutional provisions upheld.

Rules and regulations etc. Rules and regulations when promulgated in pursuance of the procedure or authority conferred upon the administrative agency by law, partake of the nature of a sanction provided in the law.

A rule is binding on the courts so long as the procedure fixed for it promulgation is followed.

The regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law.

Art 8 - Judicial Construction and Interpretation

Judicial decisions applying or interpreting the laws or the Constitutions shall form a legal system of the Philippines.

Construction. Is the art or process of discovering  and expounding the meaning and intentions of the authors of the law, with respect to its application to a given case, where that intention is rendered doubtful, among other reason of the fact that the given case is not explicitly provided for in the law.

Effect of Judicial Decision. Legis interpratio legis vim obtinet. The interpretation placed upon a written law by a competent court has the force of law.

Supreme Court decisions	Authoritative and precedent-setting
CA & Inferior courts	Merely persuasive

Art 9. Duty of judges

No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

Judges are tasked with the dispensation of justice in accordance with the constitutional precept that no person shall be deprived of life, liberty or property without due process of law.

Judicial Legislation. The judiciary task is to resolve controversies and interpreting statutes. The judiciary cannot legislate.

Art 10. Doubtful statutes

In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Where the law is clear, it must be applied according to its unambiguous provisions.

If there is ambiguity in the law, interpretation of the law requires fidelity to the legislative purpose.

Art 11. Customs

Customs which are contrary to law, public order or public policy shall not be countenanced

Art 12

A custom must be proved as a fact, according to the rules of evidence.

Custom - rule of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding and obligatory.

Local custom as a source of right cannot be considered by a court of justice unless such custom is properly established by competent evidence like any other fact.

Art 13. Years, months, days, nights

When the law speaks of years, months, days or nights, it shall be understood that years are of 365 days each; months of 30 days; days, of 24 hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

In computing a period, the first day shall be excluded and the last day included.

Art 14. Obligatory force of penal laws

Penal laws and those of public safety and security shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations

Art 15. Nationality Rule

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Regardless of where a citizen of the Philippines might be, he or she will be governed by Philippine with respect to his or family rights and duties, or to his or her status, condition, and legal capacity.

Art 16 Law Governing Real Properties

Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national of the person whose succession is under consideration, whatever may be the nature of the  property and regardless of the country wherein said property may be found.

Testamentary succession. When the descendant died with a valid will which must be duly allowed by the court. It is essential that there be qualified heirs  of the will

Intestate succession.   Either the descendant died without a will, or he died with a void or an ineffective will. It is not correct to say that there is intestacy just because there is no will. In  intestacy, a valid could be in existence although it might have lost its validity or there are no qualified heirs or all designated heirs have refuse the inheritance.

Order of succession. Order in which individuals are expected to succeed one another in some official position.

Amount of successional rights. Amount of property that each heir is legally entitled to inherit from the estate available for distribution.

Capacity to succeed

Intrinsic validity of the provisions of the will. e.g., whether a disinheritance has properly been made or not, whether a testamentary disposition can be given effect or not.

Lex rei sitae - Law where the property is situated.

Renvoi doctrine. Commonly used in conflict of laws. It refers to the application of rules of one state by the court or tribunal of another state, in order to solve a conflict of laws problem.

Art 17

The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by the Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations of conventions agreed upon in a foreign country.

Extrinsic validity. Law provides that the forms and solemnities of public instruments, wills, and contracts shall be governed by the laws of the country where they are executed.

Lex loci celebrationis. The place where the law is contracted.

Formalities of acquisition, encumbering and alienation of property shall  however, be governed not by the lex loci celebrationis but by the lex rei sitae.

Acts before diplomatic and consular officials. They are representatives of the state, therefore any act or contract made in a foreign country must conform with the solemnities under Philippine law.  The host country, by rules of international law, waives its jurisdiction over the premises of the diplomatic office of another country located in the said country.

Prohibitive laws. Under our law, prohibitive laws concerning persons shall not be rendered ineffective by laws or judgment promulgated, or by determinations or conventions agreed upon in a foreign country.

Art 18 Suppletory Nature.

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

Any deficiency in the Code of Commerce shall be supplied by the provisions of the Civil Code.

- Persons and Family Relations, 2009, Sta. Maria, Melencio S. 

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