PERSON and FAMILY RELATIONS

July 3,2013

Art.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

Purpose: to protect the underdog; so which means to say that in the event in cases
of laws for there is any doubt in the interpretation of a law and the doubt will be
resolve in favor of the underdog and an example of a situation when one party is
considered as an underdog in the case of labor as against management (employee,
employers relationship) So, that is why in our labor code, there is a specific
provision, it says that in case of doubt, the doubt will be resolved in favor of
labors that is also true that you can also find in others provision of the civil code.
One particular provision is in the Chapter on Contracts, says that in case the
contract is written in a language not known to one of the parties and the other party
try to enforce the contract then the burden of proof is on the party, who intently
force the contract to prove that the person who is an illiterate, the contents of the
contract where explained to him, so that is the protection accorded by law of
underdog or else in cases of provisions of a minor the law again protects the minor
because the minor is considered the underdog. Base on the principle PARENS
PATRIAE, supports are directed to be very cautious and not to neglect the extra
protection needed by the disadvantage and the handicapped.

Art. 25 Thoughtless extravagance in expenses for pleasure or display during acute

public want or emergency may be stopped by order of the courts at the instance of
any government or private charitable institution
Purpose: to make sure that in cases of emergency of the situation, an acute public
want that you will not be in sighting the passion of those who dont have the money
to buy food yet you are there to showing off to them. These are the requisites it has
to be thoughtless extravagance or thoughtless display and there is a period of acute
public want and the action is to be filed either by the government or charitable
institution. Example: a particular area has suffer from flood that there are many
victims of the flood and that they dont have a food to eat while you are posting or
celebrating a party a very extravagant one and which is witness by those who dont
have food to eat, in this situation an injunction you can go to court not just anybody

can file the action in court to enjoin or to stop the thoughtless extravagance it has
to be by a government or a private charitable institution.

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:

(Deals with respect for human dignity) That there are cases where the privacy or
the dignity of a person has been violated and the actions that can be taken against
the violator could be a criminal case like for example in a situation where your name
has been malign in public, so you can file a case for libel or oral defamation which is
a criminal in nature but there are instances where the act performed by a person
which violates your privacy or dignity or affects your personality but the act does
not constitute a criminal offense because you will take note in your study of your
criminal law there is no crime if there is no law punishing it or you cant prove the
essential elements of a crime, so that if you prosecute a person for the commission
of a particular crime you should be able to prove the essential elements of the
crime.
What happen if you cant prove the essential element t of a crime
because it cant be covered by law, and your dignity has been violated???
So what would now be your recourse? Look into ARTICLE 26.
Examples of those acts which violate dignity, personality or privacy which can be
the basis for damages or action for injunction. So it could be possible if the act is
not anyone of this but it is similar and you can still make use the Article 26 as the
basis for your action in court.
a. Prying into the privacy of anothers residence;
e.g. In the Phil., houses are very near to each other and you know
whats happening in the next house while the spouses are quarreling
and if the wife is bother wife you would know and you actually pry into
the privacy of the neighbor and talk about with the rest of the
neighbor ( there could be an action of liability)
b. Meddling with or disturbing the private life or family relations of another;
e.g. a friend saw the husband of her friend and make malice and
make such stories to her friend that he is with someone when in fact
the woman is a client of her husband( destroy the private life of the
couple)
c. Intriguing to cause another to be alienated from his friends;
e.g. talking to others person that his friend wont pay when you with
him (destroy the reputation of another)

d. Vexing or humiliating another on account of his religious beliefs, lowly station

in life, place of birth, physical defects, or other personal condition.
e.g. a law student who is small like a grader, her classmates laugh at
her and her professor thought that she is one of the daughter in the
class and doesnt believe in him. And so they were discussing this
provision she can have a cause of action against to her classmates and
professor

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

Reinforce by other provision of law, take note this is the law of 1950. We already
have this provision of which compels public servants from performing their duty.
And what just stated: if a public servant refuses to perform his duty and by his
reason to refusal to do his job it causes damage to another, so it causes to other
and that public servant is liable to his damages. Example, if the act to be performed
by a public servant is a ministerial in nature like you buy a parcel of land, what you
would want to happen is the land will now be transferred the title of the land to your
name, so that you now decide also to sell your land you can easily sell the land
because you have already the title of the property. If you compiled all the
requirements of the law as regards of your purchase of your land then it would be
ministerial now on the part of the office of the register of deeds to issue the title in
your name. So, you would now expect that the property will be transferred in your
name.
What if the employee refuses for no reason at all, to issue the title to your
property in the name to the new owner and because of such a delay, damage was
sustained by the buyer because the buyer loss the good opportunity to sell the land.
The owner had already ready buyer in the land and the buyer was not willing to wait
until the title will be issue.
So was there damage that resulted to refusal to return the duty by a
public servant? Yes, so in such a case he can be liable for the damages. In
addition to liability for damages, he can also be subject to disciplinary action.
This is reinforcing by subsequent laws, the purpose here is to eliminate corruptions
and government in service. This is why the reason of the office of Ombudsman was
created, which we copied from Sweden.
Distinguish 3 terms:

NONFEASANCE the non-performance of such act which a person is obliged or has

responsibility to perform: omission to perform a required duty; it could be a total
neglect of duty.
MALFEASANCE - it is the doing of an act which a person ought not to do at all.
MISFEASANCE the improper doing of an act which a person might lawfully do.

GOOD FAITH IS NOT GOOD DEFENSE TO THIS CASE

Art. 28 Unfair competition in agricultural, commercial or industrial enterprises or in

labor through the use of force, intimidatioin, 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 damages
* Unfair competition consist in employing deception or any other means
contrary to good faith by which any person shall pass off the goods manufacture by
him or in which he deals, or his business or services for those who are the one of
having establish good will on committing any acts calculated to produce such result.
There are some businesses who would attempt to deceive the public by
trying to copy a product which has already the good will of having been there for
considerable of time and how will they deceive the public???
By probably
adapting similar name which is confusing that would be infringement of trademark
or trade name or copying the container or the presentation of the product itself.
Why unfair competition? Because there is an effect deception on the part
of the public, especially the products are the same or the natures of the service are
same.
What will be the basis for the damages? You have to prove the damages
the extent you have to sustain. Probably to present evidence in court, by the reason
of the unfair competition your profit are decrease. Loss of income and you can send
it by comparing the income that you regularly earn prior to introduction to the new
product that which has cause the public to be confuse or deceived.

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.
Basic principle of criminal law, that a person who is criminally liable is also
civilly liable.

What is the basis of that particular principle?

Based on article 100 based on the revised penal code
What would be the sanctions or the penalties of an individual who commits a crime?
For example, a person steals the car of his neighbor.
-

Imprisonment because of criminally liable.

What is the basis of civil liability? Who could be compensated, which talks about
civil liability of the case?
-

The private offender of the party. In the situation, the owner of the car is
the private offender party. And to satisfy the injuries suffered by the
private offended party, it is called civil liability.

What would be the degree of proof required for the purpose of proving a criminal
case?
-

Prove of guilt beyond reasonable doubt.

The private party demand for indemnification for the civil liability.
What is the proof that is required under the law?
-

There would be a PREPONDERANCE OF EVIDENCE (the one who will be

awarded or who win the case is one evidence outweighs that with the
other). So both of them will present the evidence for defense and the
judge will decide the case by weighing the evidence of both. So if the
evidence of the plaintiff outweighs the over the defendant, so the court
will decide in favor of the plaintiff. But if the evidence of the defendant
outweighs to the plaintiff then the court will decide in favor of the
defendant.

When we talk about criminal case, the case should be base on proof of guilt beyond
reasonable doubt, that it means the judge is absolute certain that the crime was
committed by the accused?
-

Not necessarily. The judge will base in moral certainty that the prosecution
evidence has establish with moral certainty that the crime committed by
the accused.

3 types of civilly liable

Restitution- car returned the owner
Reparation required to pay the value of the car if can no longer returned the car

Indemnification for the damage cause

Criminal case: the guilt of the accused must be proven beyond reasonable doubt
and so if the guilt has not proven beyond reasonable doubt the accused will be
acquitted. If the accuse is acquitted, it does not necessarily mean that the
declaration of the court, that he did not commit the offense only if the court
accused is acquitted because of his guilt that was not proven reasonable doubt that
does not mean he commit the weighs, that simply means the prosecution failed to
proved the guilt beyond reasonable doubt. So when the accused in criminal
prosecution is acquitted on the ground that his guilt has not been prove beyond the
reasonable doubt a civil action for damages may instituted.
2 kinds of civil action:
Dependent Civil Action
-

As the term implies the civil action cannot proceed independently of the
criminal

Independent Case (based on civil action procedure)

Acquittal Cold Be Based On:
-The guilt of the accused had not been proved beyond reasonable doubt;
-The accused is not the author of the crime;
-The crime complained of did not exist

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 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.

Art. 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 action, a preponderance of evidence shall likewise be sufficient to prove

the act complained of.

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 (Deals with an
independent civil action).
-

Common in injuries sustained by vehicular accident and you are the

passenger of the bus and because of the negligence of the driver you
suffered an injury. The bus meet an accident resulting to the injury of the
passenger. There is a contract between the passenger and the operator of
the bus. There is a CONTRACT CALLED CONTRACT OF TRANSPORTATION
OF COMMON carrier. When you board the bus you have a contract and
that contract will carry you to your safety destination with intact body.