Human Relations: Article 27, Article 28, and Article 29

Question 1

State Article 27.

Answer 1

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.

Question 2

State Article 28.

Answer 2

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 3

State Article 29.

Answer 3

When the accused in criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable ground, 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 judgement 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 4

What does PREPONDERANCE OF EVIDENCE mean?

Answer 4

It means that as a whole, the evidence adduced by one side outweighs that of the adverse party.

Question 5

Can a civil case be filed against a person who was dismissed of a criminal case?

Answer 5

YES. Only preponderance of evidence is needed.

Question 6

Do you need proof beyond reasonable doubt for a civil case?

Answer 6

NO. Only preponderance of evidence is needed.