Professional Documents
Culture Documents
Even if the act be done abroad, still if 1) There is a legal right or duty;
executed before Philippine diplomatic 2) which is exercised in bad faith;
and consular officials, the solemnities 3) for the sole intent of prejudicing or
of Philippine laws shall be observed. injuring another.
The theory is that the act being done
with an extension of Philippine Every person who, contrary to law,
territory. willfully or negligently causes
damage to another, shall indemnify
-3rd par.: PROHIBITIVE LAWS the latter for the same (Art.20,
NCC).
This par. gives one exception to the
rule that a foreign law, contract, or -founded on the rule that every person
judgment can be given effect. The who is criminally liable shall also be
reason is that public policy in the civilly liable.
Philippines prohibits the same.
Any person who willfully causes loss
In matters which are governed by the or injury to another in a manner that
Code of Commerce and special laws, is contrary to morals, good customs
their deficiency shall be supplied by or public policy shall compensate the
the provisions of this Code (ART.18, latter for the damage (Art.21, NCC).
NCC).
Kinds:
SUPPLETORY NATURE. a. Breach of promise to marry
- By itself is not actionable
-Except where there was
financial damage, social humiliation
cause to one of the parties, there was a
moral seduction or if the breach was
done in such a manner as was clearly to him (Art. 22, NCC).
contrary to good morals.
b. Seduction without breach of UNJUST ENRICHMENT. No person can
promise to marry claim what is not validly and legally his
-Liability lies if deceit, or hers. Hence, he should not unduly
enticement, superior power or abuse of profit on something which does not
confidence was used. meritoriously belong to him or her.
c. Sexual assault
d. Desertion by spouse
e. Trespass and deprivation of Even when an act or event causing
property, i.e. disconnection of damage to another’s property was
electricity not due to the fault or negligence of
f. Abortion and wrongful death the defendant, the latter shall be
g. Illegal dismissal; liable for indemnity if through the
h. Malicious prosecution act or event he was benefited (Art.
-An action for damages brought 23, NCC).
by one against another whom a criminal
prosecution, civil suit, or other legal In all contractual, property or other
proceeding has been instituted favor of relations, when one of the parties is
the defendant therein. at a disadvantage on account of his
-there was a legal malice moral dependence, ignorance,
i. Public humiliation indigence, mental weakness, tender
age or other handicap, the courts
Q. V and W, following their mutual must be vigilant for his protection
promise of love, decided to get (Art. 24, NCC).
married and set September 4, 1954 as
the big day. On September 2, V left a -COURT VIGILANCE. The courts must
note for his bride-to-be postponing the render justice and therefore, they must
wedding on the ground that his mother be very vigilant in protecting the rights
was opposed to the wedding. of the disadvantaged with the end in
Thereafter, he was never heard of view that any decision will be in
again. Subsequently, W brought an consonance with what is right and
action against V for moral and legal.
exemplary damages plus attorney’s
fees basing her action on Arts. 21,
2208,2219 and 2232 of the NCC. Will Thoughtless extravagance in
the action prosper? expenses for pleasure and display
during a period of acute public want
ANS. Yes. The action will prosper. or emergency may be stopped by
Ordinarily, a mere breach of promise to order of the courts at the instance of
marry is not an actionable wrong. But any government or private
to formally set a wedding and go charitable institution (Art. 25, NCC)
through all the necessary preparations
and publicity, only to walk out of it EXTRAVAGANCE DURING EMERGENCY.
when the matrimony is about to be The law seeks to prevent inconsiderate
solemnized, is quite different. This is and ostentatious activities during times
palpably contrary to good customs, for of emergency.
which the erring promissory must be
held answerable in damages in Note: Art.25 specifically provides for
accordance with Art. 21, NCC. the entities which are given legal
standing to seek an injunction: any
When breach of promise to marry is government or private charitable
actionable under Art. 21 of the NCC, institution.
such as in the instant case, moral
damages may be awarded under Q.Are interferences with the dignity,
Art.2219(10) of the said Code. personality, privacy and peace of mind
Exemplary damages maybe awarded, of a neighbor or any other person
attorney’s fees may also be awarded actionable?
under Art.2208 of the said Code.
ANS. Yes they are actionable. This is
clear from Art.26 of the NCC, which
Every person who through an act or provides:
performance by another, or any
other means, acquires or comes into “Every person shall respect
possession of something at the the dignity, personality, privacy and
expense of the latter without just or peace of mind of his neighbors and
legal ground, shall return the same other persons. The following and
similar acts, though they may not ordinary care. (Pro Line Sports Center,
constitute a criminal offense, shall Inc. v. CA, 88 SCAD 524, 1997)
produce a cause of action for
damages, prevention and other When the accused in criminal
relief. prosecution is acquitted on the
ground that his guilt has not been
(a)Prying into the privacy of proved beyond reasonable doubt, a
another’s residence (violation of civil action for damages for the same
privacy) act or omission may be instituted.
(b)Meddling with or disturbing Such action requires only a
the private life or family relations of preponderance of evidence. Upon
another (interference with motion of the defendant, the court
family and other relations) may require plaintiff to file a bond
(c)Intriguing to cause another to answer for damages in case the
to be alienated from his friends complaint should be found to be
(intriguing to cause alienation) malicious.
(d)Vexing or humiliating
another on account of his religious If in a criminal case the judgment of
beliefs, lowly station in life, acquittal is based upon reasonable
place of birth, physical defect or doubt, the court shall so declare. In
other personal condition the absence of any declaration to
(vexation and humiliation) that effect, it may be inferred from
the text of the decision whether or
-This article speaks of protection of not the acquittal is due to that
human dignity. ground (Art.29, NCC).