2 - Human Relations (19-36)

Question 1

Article 19

Answer 1

In the exercise of rights [and] performance of obligation, one shall:

a. act with justice
b. give everyone his due
c. observe honesty & good faith

Question 2

What are the elements of “Abuse of Rights?”

Answer 2

1. There is a legal right or duty
2. exercised in bad faith
3. Sole intent of prejudicing/injuring another

Question 3

what is bad faith

Answer 3

act and intent to cause injury to another

Question 4

What is the remedy of a person of a victim of Abuse of Rights?

Answer 4

Damages premised on Art. 19 or Art. 20/21

or Damages premised on Art. 19 in relation to Art. 20 or 21, as the case may be

Question 5

Two kinds of tort

Answer 5

Spanish Tort - 2176 (never intentional)

American Tort - 21 (intentional)

Question 6

Distinguish Tort from Crime

Answer 6

Crime
1. law punishing act/omission
2. offended party is the **State
3. Penalty by fine/imprisonment

Tort
1. punished by principles of tort
2. offended party is complainant
3. recovery by way of damages

Question 7

What is the rule applying Art. 21 in a Breach of Promise to Marry case? w/ sexual intercourse

TN: the proximate cause of the sexual intercourse is the promise to marry

Answer 7

1. Results to pregnancy
   - compelled to acknowledge paternity
   - support the child
2. Wedding Preparation Spent
   - actual damages
3. Seduction
   - moral damages (if it were not the offer to promise, the woman would not have herself deflowered)

Question 8

What is the rule applying Art. 21 in a Breach of Promise to Marry case? w/o sexual intercourse

Answer 8

1. wedding preparation spent
   - actual damages
2. guilty of bad faith
   - moral damages if coupled with bad faith

Question 9

In order that a claim for damages may prosper, what must be present?

Answer 9

1. Existence of Damage (no “s”)
2. The act/omission of the defendant being violative of the right of the plaintiff [or] there is violation of duty on part of the defendant

Question 10

Instances of Damnum Absque Injuria

Answer 10

1. Justifying Circumstances (Art. 2, RPC)
   a. Defense of self, relative, stranger
   b. Doctrine of Necessity (Art. 101, RPC [&] Art. 432 CC)
   c. Performance of a Duty
   d. Obedience to a lawful order
2. Where damage suffered by the plaintiff is NOT due to the act/omission of defendant

Question 11

Maria’s mother and sister were admitted to a hospital. Due to mounting expenses, Maria was unable to pay the hospital bills despite repeated reminders. The hospital informed Maria that the patients could either be discharged as outpatients or, if they wished to remain, their accommodation would be downgraded. After Maria failed to pay, the hospital downgraded the room, removing amenities like the refrigerator, air conditioning, TV, and telephone. Maria then filed a lawsuit for damages, claiming that the hospital abused its rights.

Question: Will Maria’s claim for damages under the principle of abuse of rights prosper?

Answer 11

No, it will not prosper.

Guided by Article 19 in relation to Article 21 [and] the principle of Damnum Absque Injuria there is no abuse of such right. While there may be a damage , there was no violation of the plaintiff’s right.

A hospital, although imbued with public interest, is a money making business and can downgrade the accommodation due to lack of funds as illustrated in the case of Manila Doctors v. Vicky Ty

Question 12

Article 22

Answer 12

Every person [xxx] who acquires [xx] of something at the expense of the latter [xx] shall return the same to him

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.

Question 13

Principles espoused in Art. 22

Answer 13

1. Unjust Enrichment
   2 Accion in rem verso
   3 Solutio Indebiti

Question 14

Art. 22 > Define Unjust Enrichment

Answer 14

No person should unjustly enrich himself at the expense of another.

Such that it gives rise the obligation to indemnify due to benefit received even if not due to fault or negligence of the defendant, defendant is liable for indemnity IF thru that act/event he was benefited

Question 15

Art. 22 > Define Accion In Rem Verso

Answer 15

When something is received when there is no right to demand at the expense of another

Question 16

Ayala shopping > Misplaced Receipt > could not leave by way of mall protocol > Paid again > Arrived home and found the first receipt

Is Ayala Civilly liable to return the payment you made a second time?

Answer 16

Yes. It was voluntary that you paid twice, it was not by mistake, Action in Rem Verso is the applicable principle as there was no mistake.

This principle espoused here is Accion in rem verso in Article 22 of the NCC

Question 17

Art. 22 > Define Solutio Indebiti

Answer 17

Art. 2154 “If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

Question 18

1M deposited check to your account by mistake in bank

Remedy?

Answer 18

Solutio Indebiti in relation to Art. 22

Question 19

Accion in Rem Verso

vs.

Solutio Indebiti

Answer 19

ARV
- voluntarily given

SI
- delivery of thing is done by mistake

Question 20

What principle and legal basis thereof of a firetruck destroying a house blocking the road to save the other 100 houses?

Answer 20

Doctrine of Necessity Art. 432 which will not incur and obligation to indemnify

The owner of the run-down house may seek indemnity from the owners of the houses who were benefitted

“The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an immediate danger [and] the threaten damage, compared to the damage arising to the owner from the interference, is much greater. The owner (may) demand from the person benefitted for the damage to him.

Question 21

What is the rule when you find lost property?

Failure to do so?

Answer 21

Finder is obligated to renvoi to the owner if owner is known.

If not, return to municipal mayor where finding took place

Criminal action for theft

Question 22

What is the duty of the city/municipal mayor insofar as lost property is concerned

Answer 22

1. announce to the public the finding of the lost item
2. if item is perishable, [must] be sold at public auction [and] proceeds kept after the owner comes for it.
3. if not perishable [and] 6 months lapse w/o owner claiming, item shall be delivered to the finder who now becomes the owner (Art. 719)
4. if owner should appear in time, he shall be obliged to pay 1/10 of the price of the thing found

Question 23

Article 23

Answer 23

Even when an act or event causing damage to another’s property was NOT due to the fault or negligence of the defendant, defendant shall be liable for indemnity if through act/event he was benefitted

Question 24

Requisites in order for Doctrine of Necessity to apply

Answer 24

1 party invoking must be free from any fault or negligence
2. property subject of interference must NOT be the cause of the evil sought to be avoided

TN (2): because if the property IS the source of danger, this defense isn’t necessary

Question 25

A hospital detained the elderly mother of Joanna due to unpaid medical bills, refusing to discharge her until the balance was settled. Desperate to secure her mother’s release and fearing for her deteriorating condition, Joanna issued several postdated checks to the hospital to cover the expenses. However, when the checks were presented for payment, they all bounced due to insufficient funds. As a result, Joanna was charged with violating Batas Pambansa Blg. 22 (BP 22) for issuing bouncing checks. In her defense, Joanna argues that she was forced to issue the checks under the doctrine of necessity to avoid the greater evil of her mother’s deteriorating health and continued detention in the hospital.

Question: Can Joanna successfully invoke the doctrine of necessity as a defense against the charge of violating BP 22?

Answer 25

LB: Pp v. Vicky Ty

No, she cannot properly invoke the doctrine of necessity. The requisites are not complete that the one invoking must be free from negligence or fault.

Question 26

knowledge check: In what instance where the destruction of private property not compensated?

Answer 26

Art. 436
- Destruction of Nuisance as an exercise of police power

When any property is condemned or seized by competent authority in the interest of health, safety, or security, the owner thereof shall NOT be entitled to compensation unless he can show that such condemnation or seizure is unjustified

Question 27

Article 24

Answer 27

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

Question 28

Article 25

Answer 28

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.

Question 29

Article 26

Answer 29

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

Question 30

Article 27

Answer 30

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 he latter, without prejudice to any disciplinary administrative action that may be taken.

Question 31

Article 28

Answer 31

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.

Question 32

Article 29

Answer 32

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.

Question 33

Since an act/omission may be both a crime or a tort

CIVIL LIABILITY may take the form of: (Art 104 RPC)

Answer 33

1. Restitution
2. Reparation of damage caused
3. Indemnification of Consequential Damage

TN:
(3) - value of unearned money

Question 34

SOURCES OF CIVIL LIABLITY

Answer 34

1. Art. 100 RPC
2. 32 NCC
3. 33
4. 34
5. 2176

Question 35

When the civil action arising from a crime is NOT waived, reserved nor filed ahead of the criminal action by the offended party:

RULE [and] Effect of Acquittal/Conviction

Answer 35

• Civil Action is deemed impliedly instituted in the criminal action
• 2 proceedings in 1 criminal case

[Acquittal]
Based on reasonable doubt
- the same court still adjudge accused civilly liable because of a lesser quantum of evidence in civil cause which is preponderance of evidence

Innocent
- no civil liability

Question 36

dependent civil actions > When the civil action is WAIVED by the offended party:

When to waive
Effect not timely made
Effect timely made

Answer 36

1. [BEFORE] presentation of evidence of the prosecution
2. Impliedly instituted
3. Civil action cannot be pursued by the private complainant

Question 37

dependent civil actions > When the civil action is RESERVED by the offended party:

• Effect timely made
• Effect when accused is convicted
• Effect when accused is acquitted

Answer 37

• should civil action be start, it will be suspended as it is a dependent civil action
• when convicted, may continue with civil action
• reasonable doubt - civil action may be pursued

Question 38

dependent civil actions > What happens if the private complainant filed the civil action ahead of the criminal action, but eventually while the civil action was pending, the prosecutor filed the criminal action?

what are the options for private complainant who filing civil action ahead of the criminal action then the prosecutor later on filed the criminal action?

Answer 38

1. wait for the adjudication of the criminal case as the civil aspect is suspended being a dependent civil action
2. consolidate the civil action w/ the criminal action belatedly filed

Question 39

you are a lawyer for a client who’s husband has been murdered. how many cases can you file?

Answer 39

1 criminal case for murder (Art. 248, RPC)

2. dependent civil action (Art. 100, RPC impliedly instituted if not waived, reserved, or filed ahead)
3. Independent civil action (Art. 33, RPC in relation to physical injuries)

Question 40

How is it possible that a private offended party can actively participate in a criminal case?

Answer 40

1. providing of their testimony
2. if Civ.A impliedly instituted, private complainant can actively participate by pursuing damages arising from Art. 100 for restitution, reparation, and indemnification

Question 41

X was charged with homicide for killing Y. During the trial, Y’s family, through their lawyer, actively participated by presenting evidence and cross-examining witnesses, as the civil action for damages under Article 100 of the Revised Penal Code was impliedly instituted with the criminal case.

However, Y’s family had also filed an independent civil action for damages under Article 33 of the Civil Code.

During the proceedings, X’s lawyer objected to the participation of Y’s family’s lawyer, arguing that since they already filed an independent civil action, they no longer have legal personality to participate in the criminal case.

ISSUE:

Is the objection of X’s lawyer tenable?

Answer 41

It is untenable.

the private offended party can participate in the criminal case insofar as the civil aspect arising from Art. 100 of the RPC is concerned for restitution, reparation, or indemnification as the case may be.

The two civil actions can co-exist without barring participation in the criminal case insofar as it is impliedly instituted

As per the counsel’s objection, it is irrelevant to raise that my client cannot participate because of a current independent civil action because violation of Art. 33 partakes of the nature of an independent civil action separate and distinct from the criminal case

Question 42

Ind Civl Act + Depednet > Award for Damages from Ind. & Dpdnt

is this allowed?

Answer 42

Yes, what is prohibited is double recovery

Question 43

which civil actions can be filed independently of any criminal case?

what are independent civil actions?

Answer 43

Those arising from

Art. 32. 33, 34, 2176 are independent civil actions

Question 44

Criminal Case [&] Independent Civil Case > Acquitted based on complete Innocence >

Can the offended party pursue civil liability? What is the effect of acquittal?

Answer 44

Acquittal of a criminal case will not bar the pursuit in an INdependent civil case, as the name suggests it is an INDEPENDENT case.

If the source was a dependent civil action, then that bars the pursuit of civil liability whereas

if the source were independent civil action, the acquittal will not bar the pursuit of the civil liability

Question 45

Article 36

Answer 45

Prejudicial questions, which [must] be decided [BEFORE] criminal prosecution (may) be instituted or (may) proceed [xxx]

Question 46

what is a PREJUDICIAL QUESTION

Answer 46

• arises from civil action
• similarly connected to the criminal action
• resolution of the civil action determines w/n to proceed w/ criminal action

Question 47

In what instance can a civil action is filed prior to filing a criminal case or when a criminal case must be suspended waiting for the resolution of a civil case?

Answer 47

In a case involving prejudicial question, the criminal case has to be suspended until the civil aspect of the case is resolved

Question 48

A junkshop has 1Million worth of cannisters owned from different companies. Companies filed a criminal action based on RA 623 as they are the rightful owners of the cannisters. Junkshop claims that they are the rightful owner.

What is the remedy of the Junkshop?

Answer 48

Move for the suspension of the criminal case to await the decision of the civil case on the ground of prejudicial question

If it is proven that the junkshop owns the cannisters, then he cannot be prosecuted for violation of RA 623

Question 49

A (husband) contracted marriage with B and while the marriage was still subsisting, A contracted a second marriage with C. A filed an action for annulment of the first marriage on the ground that his consent was vitiated. When the second wife knew of the first marriage, she filed a bigamy case against the husband.

The accused moved for the suspension of the criminal case on the ground of prejudicial question. If the court declares that the first marriage is void, he cannot be prosecuted of bigamy.

Is there a prejudicial question?

Answer 49

There is no prejudicial question

What bigamy punishes is the mere contracting of a second marriage. In this case, although the first was Voidable, the second was contracted before the first was annulled as a voidable marriage is valid until annulled.