CHAPTER 2 2.

PRINCIPLE OF ABUSE OF RIGHTS

1. HUMAN RELATIONS Art. 20. Every person who, contrary to law, wilfully
or negligently causes damage to another, shall
Art. 19. Every person must, in the exercise of his indemnify the latter for the same
rights and in the performance of his duties, act
Art. 21. Any person who wilfully causes loss or
with justice, give everyone his due and observe
injury to another, or any other means, acquires or
honesty and good faith.
comes into possession of something at the
expense of the latter without just or legal ground,
“Cardinal law on human conduct”
shall return the same to him.
Articles 19-36 are devoted to the regulation of
human relations. The principle of abuse of rights departs from the
classical theory that “He who uses a right injures no
A chapter on human relations was formulated to
one.”
present some basic principles that are to be
observed for the RIGHTFUL RELATIONSHIP When a right is exercised in a manner which does
BETWEEN HUMAN BEINGS AND THE STABILITY OF not conform with the norms enshrined in Article
THE SOCIAL ORDER. THE LAWMAKER MAKES IT 19 and results in damage to another, a legal wrong
IMPERATIVE THAT EVERYONE DULY RESPECT THE is thereby committed for which the wrongdoer
RIGHTS OF OTHERS. must be held responsible. If mere fault or
negligence in one’s act can make him liable for
1.1. RIGHTS AND OBLIGATION
damages for injury caused thereby, with more
Everything which the law distributes among the
reason should abuse or bad faith make him liable.
members of the community may be reduced into
two classes:
2.1. ELEMENTS OF ABUSE OF RIGHTS
1. Right – a legally enforceable claim of one 1. There is a legal right or duty
person against another person, that the other 2. Exercised in bad faith
shall do a given act or shall not do a given act 3. For the sole intent of prejudicing/injuring
another
2. Obligations – a juridical necessity to give, to do
or not to do. (Art. 1156, NCC) 2.2. INJURY, DAMAGE, DAMAGES
• Conduct required to be observed by the
debtor INJURY - Illegal invasion of a legal rights; Wrongful
act or omission which causes or harm to another
1.2. ENFORCEMENT OF THE RIGHT
DAMAGE - Loss, hurt, or harm resulting from injury
The right-holder may seek the assistance of the
State’s coercive power (generally through a court DAMAGES – compensation awarded or recoverable
action) to obtain a relief against the person who for the damage or loss suffered
violated his right
2.3. DAMAGE & INJURY

There may be INJURY W/O DAMAGE and

1.3. DAMNUM ABSQUE INJURIA DAMAGE W/O INJURY
Damage resulting from the legitimate exercise of a
person’s rights is a loss without injury (1) PROOF OF LOSS FOR INJURY
One who merely exercises one’s right does no A wrongful violation of his LEGAL RIGHT is NOT
actionable injury and cannot be held liable for sufficient to entitle a person to sue another for the
damages. This principle does not apply when there enforcement or protection of said right. In
is abuse of a person’s rights. addition, there must be LOSS OR DAMAGE caused
by the Violation of that right.
(2) LIABILITY FOR DAMAGES OF A PERSON FOR 3. That the plaintiff has NO OTHER ACTION based
EXERCISING HIS LEGAL RIGHTS on contract, quasi-contract, crime or quasi-
delict
A person has the right to take all legal steps to
enforce his legal rights. If damage results from a
3.2. SOLUTIO INDEBITI
person’s exercising his legal rights, it is damnum
“No one shall enrich himself at the expense of
absque injuria (damage without injury).
another”. This doctrine in this article is applied only
when:
The plaintiff must establish that the DAMAGE to
(1) A payment is made when there exists no
him RESULTED FROM A BREACH OR VIOLATION OF
binding relation between the payor, who has
LEGAL DUTY which the defendant owned to him;
no duty to pay, and the person who received
otherwise, the consequences must be borne by the
the payment
plaintiff alone. In other words, the ACT MUST NOT
(2) The payment is made through MISTAKE and
ONLY BE HURTFUL BUT WRONGFUL.
not through liberality or some other cause.

MISTAKE is an essential element in solution indebiti

2.4. ARTICLE 19, 20 & 21 COMPARED 3.3. LIABILITY WITHOUT FAULT OR NEGLIGENCE
Article 19 lays down the rule of conduct of human
Art. 23. Even when an act or event causing damage
relations and does NOT provide a remedy for its
to another’s property was not due to the fault or
violation.
negligence of the defendant, the latter shall be
liable for indemnity if through the act or event he
Article 20 speaks of the general sanction for all
was benefitted.
other provisions of LAW which do not especially
provide for their own sanction. Article 23 likewise seeks to prevent unjust
enrichment. What is contemplated here is an
Article 21 deals with acts contra bonus mores INVOLUNTARY ACT or an act which though foreseen
“against good morals”, and has the following could NOT HAVE BEEN AVOIDED.
elements:
a. There is an act which is LEGAL An involuntary act, because of its character cannot
b. Act is contrary to morals, good customs, public generally create an obligation; but when by such act
order, or public policy its author has been enriched, it is only just that he
c. Act done with the intent to injure should indemnify for the damages caused, to the
extent of his enrichment.

3. UNJUST ENRICHMENT 4. PROTECTION OF THE DISADVANTAGED

Art. 24. In all contractual, property or other
Art. 22. Any person who through an act or relations, when one of the parties is at a
performance by another, or any other means, disadvantage on account of his moral dependence,
acquires or comes into possession of something at ignorance, indigence, mental weakness, tender
the expense of the latter without just or legal age or other handicap, the courts must be vigilant
ground, shall return the same to him. for his protection.

Article 24 calls on the court to be vigilant in the

3.1. ACCION IN REM VERSO protection of the rights of those who are
An action for recovery of what has been paid or disadvantaged in life.
delivered without just cause or legal ground is It is supplemented by Article 1332 of the Civil Code
called an accion in rem verso which provides: “When one of the parties is unable
to read, or if the contract is in a language not
Requisites: understood by him, and mistake or fraud is alleged,
1. That the defendant has been enriched the person enforcing the contract must show that
2. That the enrichment of the defendant is the terms thereof have been fully explained to the
without JUST OR LEGAL GROUND former.
5. THOUGTHLESS EXTRAVAGANCE Article 27 presupposes that the refusal or omission
of a public official is attributable to MALICE OR
Art. 25. Thoughtless extravagance in expenses for INEXCUSABLE NEGLIGENCE.
pleasure or display during a period of acute public
want or emergency may be stopped by the order of 8. UNFAIR COMPETITION
the courts at the instance of any government or
private charitable institution Art. 28. Unfair competition in agricultural,
commercial or industrial enterprises or in labor
through the use of FORCE, INTIMIDATION, DECEIT,
6. PROTECTION OF HUMAN DIGNITY
MACHINATION or any other unjust, oppressive or
Art. 26. Every person shall respect the dignity, high-handed method shall give rise to a right of
personality, privacy and peace of mind of his action by the person who thereby suffers damage.
neighbors and other persons. The following and
similar acts, though they may NOT constitute a 9. CIVIL ACTION
criminal offense, shall produce a cause of action for
damages, prevention and other relief: CIVIL LIABILITY ARISING FROM DELICT

(1) Prying into the privacy of another’s residence; Art. 29. When the ACCUSED in a criminal
(2) Meddling with or disturbing the private life or prosecution is ACQUITTED on the ground that his
family relations of another; guilt has NOT been proved beyond reasonable
(3) Intriguing to cause another to be alienated doubt, A CIVIL ACTION FOR DAMAGES FOR THE
from his friends; SAME ACT OR OMISSION MAY BE INSTITUTED.
(4) Vexing or humiliating another on account of his Such action requires only a preponderance of
religious beliefs, lowly station in life, place of evidence. Upon motion of the defendant, the court
birth, physical defect, or other personal may require the plaintiff to file a bond to answer for
condition. damages in case the complaint should be found to
be malicious.

If in a criminal the judgment of acquittal is based

7. LIABILITY OF PUBLIC SERVANTS OR
upon reasonable doubt, the court shall so declare.
EMPLOYEES
In the absence of any declaration to that effect, it
Art. 27. Any person suffering material or moral loss may be inferred from the text of that decision
because a public servant or employee refuses or whether or not the acquittal is due to that ground.
neglects, without just cause, to perform his official
CIVIL LIABILITY ARISING FROM AN
duty may file an action for damages and other
UNPROSECUTED CRIMINAL OFFENSE
relief against the latter, without prejudice to any
disciplinary administrative action may be taken
Art. 30. When a separate civil action is brought to
7.1. SCOPE demand civil liability arising from criminal offense,
and no criminal proceedings are instituted during
Does not cover all cases of official wrongs. It is the pendency of the civil case, a preponderance of
limited to refusal or neglect to perform official evidence shall likewise be sufficient to prove the act
duties; does not cover malfeasance and complained of.
misfeasance, but ONLY NONFEASANCE.
CIVIL LIABILITY ARISING FROM QUASI-DELICT
7.2. Requisites:
Art. 31. When the civil action is based on an
a. That the defendant be a public official charged
obligation NOT arising from the act or omission
with the performance of official duties; complained of as a felony, such civil action may
b. That there be a violation of an official duty in proceed independently of the criminal proceedings
favor of an individual and regardless of the result of the latter.
c. That there be willfulness or negligence in the
violation of such official duty
d. That there be an injury to the individual
9.1. CIVIL LIABILITY ARISING FROM DELICT held to exist of because of preponderance of
evidence.
BASIS:
Every person criminally liable for a felony is also 9.2. WHEN THE CIVIL ACTION IS RESERVED
civilly liable. (Article 100, RPC)
The reservation of the right to institute separately
This legal principle is the traditional theory that the civil action shall be made before the
when a person commits a crime, HE OFFENDS TWO prosecution starts presenting its evidence and
ENTITIES: under circumstances affording the offended party a
a. STATE whose laws he violated reasonable opportunity to make such reservation.
b. PRIVATE PERSON directly injured or damaged The separate civil action CANNOT BE INSTITUTED
The two liabilities are separate and distinct: One is until final judgment has been entered in the
for the punishment or correction of the offender, criminal action.
while the other is for reparation of damages
suffered by the aggrieved party. (Report, Code 9.3. WHEN CIVIL ACTION IS INSTITUTED PRIOR TO
Commission, p. 45) CRIMINAL ACTION

If the criminal action is instituted after the said civil

DAMAGE & INJURY TO ANOTHER is the foundation
action has already been instituted, the latter shall
of the civil action.
be suspended in whatever state it may be found
before judgment on the merits. The suspension
9.1.1. RULE OF IMPLIED INSTITUTION
shall last until final judgment is rendered in the
When a criminal action is instituted, the civil action criminal action.
for the recovery of civil liability arising from the
offense charged shall be deemed instituted unless
Q: A was acquitted in a criminal case for estafa, but
the offended party:
later he was sued for civil liability arising from the
a. Waives the civil action
contract he had signed. A alleged in the civil case
b. Reserves the right to institute it separately, or
that his acquittal in the criminal case was a bar to
c. Institute the civil action prior to the criminal
the present civil action because the plaintiff did not
action
reserve its rights to separately enforce civil liability
EXCEPTIONS: Articles 32, 33, 34 and 2167 of CC against him. In the decision on the criminal case,
which may be prosecuted separately even without this statement appeared: “If any responsibility was
reservation. incurred by the accused, it is civil in nature.” Can the
civil case prosper?
Q: Since a person criminally liable is also civilly A: Yes. Firstly, because this civil obligation is based
liable, does his acquittal in a criminal case mean ex contractu (from a contract) and not ex-maleficio
extinction of his civil liability? or ex delicto (from a crime). Secondly, the decision
A: NO. The Revised Rules of Criminal Procedure did not state that the fact from which the civil
provides that the extinction of the penal action does liability might arise did not in fact. Thirdly, the
carry with it extinction of the civil action. However, acquittal here is equivalent to one based on
civil action based on delict shall be deemed reasonable doubt as to guilt, and does not therefore
extinguished if there is a finding in a judgment in prevent a suit to enforce the civil liability for the
the criminal action that the act or omission from same act
which the civil liability may arise did not exist.
10. WHEN CIVIL ACTION IS INSTITUTED, BUT
9.1.2. REASON FOR ARTICLE 29 NO CRIMINAL ACTION
CRIMINAL LIABILITY IS HARDER TO PROVE THAN Art. 30. When a separate civil action is brought to
CIVIL LIABILITY because the former demands proof demand civil liability arising from criminal offense,
of guilt beyond reasonable doubt; the other, mere and no criminal proceedings are instituted during
preponderance of evidence. Now then if criminal the pendency of the civil case, a preponderance of
conviction is not obtained because of reasonable
doubt there is still chance that civil liability can be
evidence shall likewise be sufficient to prove the act 12. INDEPENDENT CIVIL ACTIONS
complained of.
VIOLATION OF CONSTITUTIONAL LIBERTIES
Example:
Art. 32. Any public officer or employee, or any
A accused B stealing his (A’s) watch, and so he private individual, who directly or indirectly
(A) brought a civil action against B to get the watch obstructs, defeats, violates or in any manner
and damages. If the fiscal institutes criminal impedes or impairs any of the following rights and
proceedings against B the civil case is suspended in liberties of another person shall be liable to the
the meantime (Rule 110, Revised Rules of Court), latter for damages:
this case not being one of those for which there can
(1) Freedom of religion;
be an independent civil action. But if the fiscal does
(2) Freedom of speech;
not, then the civil case continues, and here, a mere
(3) Freedom to write for the press or to maintain a
preponderance of evidence would be sufficient to
periodical publication;
enable A to recover.
(4) Freedom from arbitrary or illegal detention
(5) Freedom of suffrage;
11. CIVIL LIABILITY ARISING FROM QUASI-DELICT
(6) The right against deprivation of property
Art. 31. When the civil action is based on an without due process of law
obligation NOT arising from the act or omission (7) The right to a just compensation when private
complained of as a felony, such civil action may property is taken for public use
proceed independently of the criminal proceedings (8) The right to the equal protection of laws
and regardless of the result of the latter. (9) The right to be secure in one’s person, house,
papers and effects against unreasonable
11.1. SAME NEGLIGENT ACT MAY PRODUCE searches and seizures;
TWO KINDS OF CIVIL LIABILITIES (10) The liberty of abode and of changing the same
(11) The privacy of communication and
(1) Civil liability arising from a crime correspondence
(2) Create an action for quasi-delict or culpa extra- (12) The right to become member of associations or
contractual under the New Civil Code societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly
The acquittal of the accused, does not carry with it
to petition the Government for redress or
the extinction of the civil liability based on quasi-
grievances;
delict.
(14) The right to be free from involuntary servitude
Since the same negligence can give rise either to a in any form;
delict or quasi-delict, either of these two types of (15) The right of the accused against excessive bail;
civil liability may be enforced against the culprit, (16) The right of the accused to be heard by himself
subject to the caveat under Article 2177 of the Civil and counsel, to be informed of the nature and
Code that the OFFENDED PARTY CANNOT RECOVER cause of the accusation against him, to have a
DAMAGES UNDER BOTH TYPES OF LIABILITY. speedy and public trial, to meet the witnesses
face to face, and to have compulsory process to
e.g. even if the defendant is acquitted in the secure attendance of witnesses in his behalf;
criminal action of the charge of reckless (17) Freedom from being compelled to be a witness
imprudence resulting in homicide, the civil action against one’s self, or from being forced to
for damages for the death of the deceased based confess guilt, or from being induced by a
upon quasi-delict may proceed to judgment 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 Art. 35. When a person, claiming to be injured by a
criminal offense, charges another with the same,
In any of the cases referred to in this article,
for which no independent civil action is granted in
whether or nor the defendant’s act or omission
this Code or any special law, but the justice of the
constitute a criminal offense, the aggrieved party
peace finds no reasonable grounds to believe that
has a right to commence an entirely separate and
a crime has been committed, or the prosecuting
distinct civil action for damages, and for other
attorney refuses or fails to institute criminal
relief. Such civil action shall proceed independently
proceedings, the complainant may bring a civil
of any criminal prosecution (if the latter be
action for damages against the alleged offender.
instituted), and may be proved by preponderance of
Such civil action may be supported by a
evidence.
preponderance of evidence. Upon the defendant’s
The indemnity shall include moral damages. motion, the court may require the plaintiff to file a
Exemplary damages may also be adjudicated. bond to indemnify the defendant in case the
complaint should be found to be malicious.
The responsibility herein set forth is not
demandable from a judge unless his act or omission If during the pendency of civil action, an
constitutes information should be presented by the prosecuting
attorney, the civil action shall be suspended until
DEFAMATION, FRAUD, AND PHYSICAL INJURIES the termination of the criminal proceedings.

Art. 33. In cases of defamation, fraud and physical 13. PREJUDICIAL QUESTIONS
injuries, a civil action for damages, entirely separate
and distinct from the criminal action, may be Art. 36. Prejudicial questions, which must be
brought by the injured party. Such civil action shall decided before criminal prosecution may be
proceed independently of the criminal prosecution, instituted or may proceed, shall be governed by
and shall require only a preponderance of evidence. rules of court which the Supreme Court shall
promulgate and which shall not be in conflict with
Article 33 speaks of: the provisions of the Code.

(a) Defamation (or libel or slander or intrigue 13.1. DEFINITION

against honor)
(b) Fraud (or estafa or swindling) Defined as one which arises in a case, the resolution
(c) Physical injuries including consummated, of which question is logical antecedent of the issue
frustrated and attempted homicide, murder, involved in said case.
parricide, infanticide – so long as there was A prejudicial question generally comes into play in a
physical injury. (Dulay v. CA; Carandang v. situation where a civil action and a criminal action
Santiago) are both pending, and there exists in the former an
NOTE: Criminal Negligence or “Reckless issue that must be determined before the latter may
imprudence” is included. proceed, because howsoever the issue raised in the
civil action is resolved would be determinative jurist
LIABILITY OF CITY OR MUNICIPAL POLICE POWER et de jure of the guilt or innocence of the accused in
the criminal case.
Art. 34. When a member of a city or municipal
police force refuses or fail to render aid or The rationale for the suspension on the ground of
protection to any person in case of danger to life or prejudicial question is TO AVOID CONFLICTING
property, such peace officer shall be primarily liable DECISIONS.
for damages, and the city or municipality shall be
subsidiarily responsible thereof. The civil action
herein recognized shall be independent of any
criminal proceedings, and a preponderance of
evidence shall suffice to support such action.