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PERSONS AND FAMILY RELATIONS > ARTICLE 23-32 CIVIL CODE > Flashcards

ARTICLE 23-32 CIVIL CODE Flashcards

1
Q

T or F
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.

A

True. (ART 23)

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2
Q

T or F
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.

A

True. (ART 24)

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3
Q

T or F

Generally, when the laws are doubtful, the doubt is resolved in favor of the weak or disadvantaged.

A

True.

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4
Q

T or F
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.

A

True.

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5
Q

What are the requisites for filing of actions to stop extravagance under Article 25 of the Civil Code?

A
  1. There is thoughtless extravagance in expenses
  2. The extravagance is for pleasure or display
  3. There is a period of acute public want or emergency
  4. The case is filed in court by a governmental institution or private charitable institution
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6
Q

What is the rationale behind Article 25 of the Civil Code?

A

The intention of the law is geared towards the prevention of social unrest, agitation, turmoil and dissatisfaction. Feelings of envy and deprivation in the minds of underprivileged will be inflamed if they see and perceive extravagant indulgences in frivolities and ostentations in time of public want and need.

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7
Q

What is the right of privacy?

A

It is the right to be let alone; the right of a person to be free from unwarranted publicity; and the right to live without unwarranted interference by the public in matters which the public is not necessarily concerned.

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8
Q

T or F

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.

A

True. (ART 26)

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9
Q

What are the acts under Article 26, which though do not constitute criminal offense, shall produce a cause of action for damages, prevention, and other relief?

A
  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.
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10
Q

T or F
A defendant who purposely entices the spouse of another, to alienate his or her affections with his or her spouse, even if there are no sexual intimacies is liable for damages under Article 26.

A

True

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11
Q

T or F
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.

A

True. (Art 27)

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12
Q

What are the requisites for filing an action against a public servant or employee under Article 27 of the Civil Code?

A
  1. A public servant or employee refuses or neglects to perform his official duty
  2. There is no valid reason for the refusal or neglect to perform official duty
  3. That injury or damage is suffered by the plaintiff
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13
Q

T or F

Article 27 of the Civil Code also applies to negligence in the performance of duties.

A

False, it only applies to NONPERFORMANCE (NONFEASANCE) of official duty.

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14
Q

Differentiate Malfeasance, Misfeasance, and Nonfeasance.

A

Misfeasance is the act of engaging in an action or duty but failing to perform the duty correctly. It is the IMPROPER DOING OF AN ACT WHICH A PERSON MIGHT LAWFULLY DO. (NEGLIGENCE)

Malfeasance is the willful and intentional act of doing harm. IT IS THE DOING OF AN ACT WHICH A PERSON OUGHT NOT TO DO AT ALL.

Nonfeasance is similar to nonperformance. IT IS THE OMISSION OF AN ACT WHICH A PERSON OUGHT TO DO.

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15
Q

T or F

Good faith can be a defense if there is a refusal or neglect to perform an imperative duty.

A

False, good faith cannot be a defense because a public officer/employee is under constant obligation to discharge his duties at his office. The good faith however, can be a mitigating circumstance.

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16
Q

T or F
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 damage.

A

True. (ART 28)

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17
Q

What is unfair competition?

A

Unfair competition consists of employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established goodwill, or committing any acts calculated to produce such result.

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18
Q

What is the rationale behind Article 28 which provides a provision against unfair competition?

A

A provision against unfair competition is necessary in a system of free enterprise. Democracy becomes a veritable mockery if any person or group of persons by any unjust or high-handed method may deprive others of a fair chance to engage in business or earn a living.

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19
Q

How is unfair competition committed?

A

Unfair competition could be committed through the use of:

  1. Force
  2. Intimidation
  3. Deceit
  4. Machination
  5. Any other unjust, oppressive and high handed methods
20
Q

What are the kinds of acquittal?

A

Acquittal could either be based on:

  1. The guilt of the accused had not been proved beyond reasonable doubt
  2. The accused is not the author of the crime
  3. The crime complained of did not exist
21
Q

Under Article 29 of the Civil Code, what kind of acquittal is contemplated?

A

Acquittal based on reasonable doubt.

22
Q

T or F
Under Article 29 of the Civil Code, when the acquittal contemplated is an acquittal based on reasonable doubt, a filing of civil action for damages against the defendant for the same act or omission may still be made, and only a preponderance of evidence is needed to establish the claim.

A

True.

23
Q

T or F
When an accused was acquitted based on prescription of the crime, he is released from criminal responsibility, but not from civil liability. Otherwise, the injured party would be prejudiced.

A

True.

24
Q

T or F

Article 29 refers to dependent civil actions, and not to independent civil actions.

A

True.

25
Q

What are independent civil actions?

A

Independent civil actions are those that can be pursued independently of the criminal action regardless of the outcome of the criminal case. Independent civil actions can be found in:

  1. Art 32 (action against public officer/employee)
  2. Art 33 (Defamation, fraud and physical injuries)
  3. Art 34 (Police force refusing to render aid)
  4. Art 2176 (Quasi-delicts)
    a. Act or omission
    b. Damage caused
    c. Fault or negligence
    d. No pre-existing contractual relation
26
Q

T or F
There should be a clear declaration by the court if it renders a verdict of acquittal based on reasonable doubt to avoid unnecessary interpretation of the decision itself.

A

True.

27
Q

T or F

A dependent civil action based on a crime must be suspended and should await the outcome of the criminal case.

A

True.

28
Q

T or F
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.

A

True. Art 30

29
Q

T or F

A dependent civil action will be suspended if in the meantime a criminal case is filed.

A

True.

30
Q

T or F
When a criminal action is instituted, the civil action for recovery of civil liability is IMPLIEDLY INSTITUTED WITH THE CRIMINAL ACTION, unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

A

True. But this is under the 1985 Rules of Criminal Procedure, which was subsequently amended by the 2000 Revised Rules of Criminal Procedure.

31
Q

When shall the reservation of the right to institute separately the civil action be made?

A

Before the prosecution starts presenting its evidence under circumstances affording the offended party a reasonable opportunity to make such reservation.

32
Q

T or F
The criminal action for violation of BP 22 shall be deemed to include the corresponding civil action and no reservation to file such civil action separately shall be allowed.

A

True.

33
Q

T or F
When a criminal action is instituted, the civil action for recovery of civil liability ARISING FROM THE OFFENSE CHARGED SHALL BE DEEMED INSTITUTED WITH THE CRIMINAL ACTION unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

A

True.

34
Q

T or F

No reservation is required of independent civil actions covered by Articles 32, 33, 34 and 2176

A

True.

35
Q

What are dependent civil actions?

A

Dependent civil actions are those actions seeking civil liability from the offender for acts which arose from the same acts or omissions subject of the criminal action. It is a residual definition, because dependent civil actions are those not mentioned in Article 32, 33, 34 and 2176 of the Civil Code.

36
Q

When should reservation of the right to institute separately a civil action be made?

A

The reservation of the right to institute separately a civil action should be made BEFORE THE PROSECUTION STARTS PRESENTING ITS EVIDENCE AND UNDER CIRCUMSTANCES AFFORDING THE OFFENDED PARTY A REASONABLE OPPORTUNITY TO MAKE SUCH RESERVATION.

37
Q

What is the effect of failure to make a reservation of the right to institute separately a civil action?

A

If the offended party failed to make a reservation of a DEPENDENT CIVIL ACTION, then the civil aspect of the case is DEEMED INSTITUTED WITH THE CRIMINAL CASE, meaning that the CIVIL LIABILITY WILL BE DETERMINED IN THE CRIMINAL PROCEEDINGS, AND IT CANNOT BE THE SUBJECT OF A SEPARATE CASE.

38
Q

T or F
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 results of the latter.

A

True. ART 31.

39
Q

T or F
A civil action based on law, contract, quasi-contract, and quasi-delict may also proceed independently of criminal proceedings.

A

True.

40
Q

T or F
Article 32 of the Civil Code provides for the imposition of damages upon any public officer or public employee or any private person who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs the listed rights and liberties.

A

True.

41
Q

T or F

The violation of Article 32 gives rise to an independent civil action.

A

True.

42
Q

T or F

Good faith can be a defense for the impairment or violation of the fundamental rights covered in Article 32.

A

False, otherwise the main reason for Article 32 would be lost. Exception is for judges who in the performance of their duties impairs or violates another’s right but, exercises good faith.

43
Q

T or F

Judges are absolutely exempted from damages in relation to Article 32.

A

False, there are exceptions.

44
Q

T or F
Judges are exempt from damages, if by performing their duties in good faith, they happen to violate or impair the rights and liberties mentioned in Article 32.

A

True.

45
Q

What are the instances wherein the judge will still be liable even if the judge exercised good faith in the performance of his duties?

A
  1. Knowingly rendering an unjust judgment
  2. Rendering a manifestly unjust judgment through an inexcusable negligence or ignorance
  3. Knowingly rendering an unjust interlocutory order or decree
  4. Maliciously delaying the administration of justice.
46
Q

T or F
Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based SOLELY THEREON.

A

True (People vs Bayotas)

47
Q

T or F

A simultaneous filing of BP 22 and Estafa may be allowed.

A

True. (People vs Reyes) Because they have different causes of action.

PERSONS AND FAMILY RELATIONS (14 decks)

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