PRELIMS CONCEPTS

Question 1

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

Answer 1

ARTICLE 19

Question 2

Acts performed which are not illegal, but nevertheless, make the actor liable for damages, if in so acting or in exercising his right, his purpose is to prejudice or injure another.

Answer 2

PRINCIPLE OF ABUSE OF RIGHT

Question 2

Men must be able to assume that others will do them no intended injury; that their fellowmen, when they act affirmatively will do so with due care which the ordinary understanding and moral sense of community exacts and that those with whom they detail in the general course of society will act in good faith.

Answer 2

Rationale for the Principle of Abuse of Rights

Question 3

Elements of Abuse of Rights [3] (DAT)

Answer 3

1. Defendant should have acted in a manner contrary to morals, good customs, or public policy
2. Acts should be willful; and
3. There was damage/injury to plaintiff

Question 3

Elements to hold a defendant liable under the Principle of Abuse of Rights [3] (TSS)

Answer 3

1. There is a legal right/duty;
2. Said right/duty is exercised in bad faith; and
3. Such is exercised for the sole intent of prejudicing/injuring another

Question 3

Compensation for the quantifiable harm or injury suffered by the victim

Answer 3

Actual Damages

Question 3

Awarded when the abuse of rights causes mental anguish, emotional distress, or similar harm.

Answer 3

Moral Damages

Question 4

Imposed to set an example and deter others from engaging in similar abusive conduct.

Answer 4

Exemplary Damages

Question 5

May be awarded if the victim is compelled to litigate due to the abusive acts of the defendant.

Answer 5

Attorney’s Fees and Costs of Litigation

Question 5

Damage without injury.

It is the legitimate exercise of a person’s rights, even if it causes loss to another, does not automatically result in an actionable injury.

Answer 5

Principle of Damnum Absque Injuria

Question 6

It is the loss, hurt, or harm which results from the injury.

Answer 6

Damage

Question 7

The recompense or compensation awarded for the damage suffered.

Answer 7

Damages

Question 8

It is harm, damage, or loss suffered by a person, property, rights, or interests, whether caused intentionally or negligently by another party.

Answer 8

Injury

Question 9

Intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in tort action as injurious.

Answer 9

Willful

Question 9

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

Answer 9

ARTICLE 20

Question 9

It concerns violations of existing law as a basis for an injury. It allows recovery should the act have been willful or negligent.

Answer 9

Acts Contract to Law / Illegal Acts

Question 10

Types of Acts Contrary to Morals / Acts Contra Bonus Mores [5] (BMMPO)

Answer 10

1. Breach of promise to marry
2. Malicious Prosecution
3. Moral seduction
4. Public humiliation
5. Oppressive dismissal

Question 10

A situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

Answer 10

Negligence

Question 11

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

Answer 11

ARTICLE 21

Question 11

Is breach of promise to marry actionable?

Answer 11

NO.

GEN. RULE: Breach of promise to marry per se is NOT an actionable wrong. There is no provision in the Code authorizing an action for breach of promise to marry.

But to formally set up a wedding and go through the above-described preparation and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs.

EXCEPTION: When the act constitutes one where damages pursuant to ART. 21 may be recovered and is not a mere breach of promise to marry, such as:

• Where the woman is a victim of moral seduction;
• Where one formally sets a wedding and go through and spend for all the preparations and publicity, only to walk out of it when the matrimony was about to be solemnized;
• Where the woman is a victim of abduction and rape, and thereafter the accused promised to marry her to avoid criminal liability but later reneged on his promise.

Question 11

Element of Acts Contra Bonus Mores [3]

Answer 11

1. There is an act which is illegal
2. The act is contrary to morals, good customs, public order or public policy; and
3. The act is done with intent to injure

Question 12

Damages are recoverable even if no positive law was violated.

Answer 12

Acts Contrary to Morals / Acts Contra Bonus Mores

Question 13

Element of Malicious Prosecution [4]

Answer 13

1. The fact of the prosecution or that the prosecution did occur and that the defendant was himself the prosecutor or that he instigated its commencement;
2. The the action finally terminated with an acquittal;
3. That in bringing the action, the prosecutor acted without probable cause;
4. That the prosecutor was actuated or impelled by legal malice, that is, by improper or sinister.

• The presence of a probable cause signifies as a legal consequence the absence of malice.

Question 14

The institution of any action or proceeding — civil, criminal, or administrative — maliciously and without probable cause.

It is when a person directly insinuates/imputes to an innocent person the commission of a crime and the accused is compelled to defend himself in court.

Answer 14

Malicious Prosecution

Question 14

When a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience.

Answer 14

Unjust Enrichment

Question 15

Conditions of Unjust Enrichment [2]

Answer 15

1. A person is unjustly benefitted; and 2. Such benefit is derived at the expense of or with damages to another.

Question 15

An action for unjust enrichment. An action for recovery of what has been paid or delivered without just cause or legal ground.

Answer 15

Accion Rem Verso

Question 15

*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.

Answer 15

ARTICLE 22

Question 16

Requisites of Unjust Enrichment [6]

Answer 16

1. Enrichment is without just/legal ground; 2. Defendant has been enriched; 3. Plaintiff has suffered lost; 4. He has no other action based on contract, quasi-contract, crime or quasi-delict; 5. There must be casual relation between the parties; and 6. The indemnity cannot exceed the loss or enrichment.

Question 17

Requisites of Accion Rem Verso

Answer 17

1. Defendant has been enriched; 2. Plaintiff has suffered a loss; 3. Enrichment of the defendant is without just or legal ground; and 4. Plaintiff has no other action based on contract, quasi-contract, crime or quasi-delict

Question 18

*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 of through the act or event he was benefited.

Answer 18

ARTICLE 23

Question 19

Imposes liability even without fault, as long as the injurious act or event benefited the defendant.

Answer 19

Liability Without Fault

Question 20

*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.

Answer 20

ARTICLE 24

Question 21

*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.

Answer 21

ARTICLE 25

Question 21

*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.

Answer 21

ARTICLE 26

Question 21

The right to be let alone; to be free from unwarranted publicity; to live without unwarranted interference by the public. It is said to exist only so far as its assertion is consistent with law or public policy, and in proper case equity will interfere.

Answer 21

Right of Privacy

Question 21

The unwarranted appropriation or exploitation of one's personality, publicizing one's private affairs with which the public has no legitimate concern, or wrongful intrusion into one's private activities, in such a manner as to cause mental suffering, shame, or humiliation. May constitute an actionable tort; though public figures have protection than private persons.

Answer 21

Invasion of Privacy

Question 21

Includes any act of intrusion into, peeing or peering inquisitively into the residence of another without the consent of the latter.

Answer 21

Prying into the Privacy of Another's Residence

Question 21

A woman cannot be made liable for alienation of the affections of the husband (of another woman) for being merely the object of affection, UNLESS she has done some active acts calculated to alienate the affections of the husband. A prostitute is not liable for alienation of affections of the husband of another woman for having sexual intimacies with him. A defendant who purposely entices the spouse of another to alienate his/her affections with his/her spouse, even if there are no sexual intimacies, is LIABLE FOR DAMAGES. If there is no more affection that could be alienated, no recovery of damages could be made. A person who prevented reconciliation of spouses after their separation is liable for damages for alienation of affection.

Answer 21

Disturbance of Private Life or Family Relations

Question 22

A person who committed affirmative acts intended to alienate the existing friendship of one of his friends is liable for damagers. To alienate him wrongfully or with malice from his friends, is to cause him suffering for which he is entitled to damages.

Answer 22

Alienation from One's Friends

Question 23

Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by reason of latter's religion. Social equality is not sought by the legal provision under consideration, but due regard for decency and propriety.

Answer 23

Vexing or Humiliating Another on Account of his Religious beliefs, etc.

Question 24

*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.

Answer 24

ARTICLE 27

Question 24

Whether certain goods have been intentionally clothed with an appearance which is likely to deceive the ordinary purchases exercising ordinary care.

Answer 24

True Test of Unfair Competition

Question 24

Requisites for Filing Action [3]

Answer 24

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.

Question 24

Consist in 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 the one having established goodwill or committing any acts calculated to produce such result.

Answer 24

Unfair Competition

Question 24

*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.

Answer 24

ARTICLE 28

Question 25

*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.

Answer 25

ARTICLE 29

Question 26

What is the kind of Acquittal Contemplated?

Answer 26

An acquittal where the guilt of the accused is based on reasonable doubt.

Question 27

Acquittal which Bars Civil Action [3]

Answer 27

a. The accused is not the author of the crime; b. No crime existed; c. If there is finding that in a final judgement is criminal action that the act or omission from which the civil liability may arise did not exist.

Question 28

Acquittal which does NOT Bar Civil Action [5]

Answer 28

a. The liability of the accused is not criminal but only civil; b. The civil liability is not derived from or based on the criminal act of which the accused is acquitted; c. When the civil action is based on quasi-delict; d. When acquittal is based on reasonable doubt; e. Prescription of criminal action

Question 28

Judges are Exempted

Answer 28

Judges are expressly exempted from damages if by performing their duties in good faith, they happen to violate or impair the rights and liberties mentioned in articles. EXCEPTIONS: If the act or omission constitutes a violation of the penal code or other penal statute, such as the ff: - Knowingly rendering an unjust judgment - Knowingly rendering a manifestly unjust judgment though inexcusable negligence or ignorance - Maliciously delaying the administration of justice

Question 28

*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.

Answer 28

ARTICLE 30

Question 29

*When the civil action is based on an obligation complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

Answer 29

ARTICLE 31

Question 29

*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: (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) The right against deprivation of property without due process of law; (7) The right to a 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, house, 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 associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be a 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 and 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 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.

Answer 29

ARTICLE 32

Question 30

Acts done in bad faith are no longer protected by the mantle of immunity for official actions A public officer may be validly sued in his/her private capacity for acts done in the course of the performance of the functions of the office, where said public officer: (1) Acted with malice, bad faith, or negligence (2) Where the public officer violated a constitutional right of the plaintiff But bad faith and malice are not necessary in an action based on the above Articles, the failure to specifically alleged the same will not amount to failure to state cause of action.

Answer 30

Liability of a Public Officer when Acting in Bad Faith

Question 30

Committed by means of writing, printing, lithography, engraving, radio, photograph, painting, or theatrical or cinematographic exhibition, or any similar means in libel.

Answer 30

Defamation

Question 30

*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.

Answer 30

ARTICLE 33