CHAPTER III- OTHER KINDS OF DAMAGES 3.

the wrongful act or omission of the

Art. 2216 defendant is the proximate cause of the
 Other kinds of damages: injury sustained by claimant; and
a. moral 4. the award of damages is predicated on
b. nominal any of the cases stated in Art. 2219
c. temperate  civil indemnity in rape is different from moral
d. liquidated damages
e. exemplary  cases or instances where recovery of moral
 no proof of pecuniary or monetary loss is damages are justified
required to prove other kinds of damages 1. criminal offenses resulting in physical
except liquidated injuries (includes death)
Art. 2217 - taxi company not liable for moral
 law simply explains the term moral damages damages based on criminal negligence
by enumerating the different sufferings of driver
 moral damages are an award to 2. quasi delicts causing physical injuries
compensate the claimant for actual injury 3. seduction, abduction, rape, or other
suffered and not to impose a penalty on the lascivious acts punished in the Penal
wrongdoer Code
 moral damages can be recovered if it falls - fact of rape when proved, moral
within Article 2219 and 2220 and if the act or damages are automatically granted
omission of defendant is the proximate without need of proof
cause of the damage or injury of the plaintiff - civil indemnity in rape cases is
 court’s discretion in granting or refusing mandatory
damages is governed by reason and justice - civil indemnity is different from moral
Art. 2218 damages
 SENTIMENTAL VALUE- value placed by - victim’s injury is concomitant with and
owner on said property which is more than necessarily results from the odious
its actual value by reason of some crime of rape to warrant per se the
sentiments of longing, desire, affection to award of moral damages
the property, or respect and honor to its 4. adultery or concubinage
grantor - bigamy is not included
 sentimental value is personal attachment of 5. illegal or arbitrary detention or arrest
owner to the property while goodwill refers - also includes kidnapping, failure to
to public patronage to one’s business return a minor and abuse of public
ART. 2219 position
 article enumerates ten cases where moral 6. illegal search
damages may be awarded - items or articles obtained are the fruits
 enumeration is not exclusive and analogous of a poisoned tree
cases may alsro justify recovery of moral 7. libel, slander or any other forms of
damages defamation
- only the offended party may file or
 award of moral damages is aimed at a
initiate an action for defamation
restoration, within the limits possible, of the
8. malicious prosecution
spiritual status quo ante, and therefore, it
must be proportionate to the sufferings - includes unfounded civil actions
inflicted instituted jus to vex and humiliate the
defendant despite absence of cause of
 moral damages are not presumed and proof
action or probable cause
is necessary except in rape cases where it is
- malicious prosecution in criminal cases
automatically assumed that complainant has
a. fact of the prosecution and the
sustained mental, physical and
further fact that the defendant was
psychological sufferings
himself the prosecutor, and that the
 factors to consider for recovery of moral
action was finally terminated with
damages
acquittal
1. there must be physical suffering, mental
b. that in bringing the action, the
anguish, fright, serious anxiety, etc.
prosecutor acted without probable
personally suffered by plaintiff which
cause
must be proved by testimonial evidence
c. the prosecutor was actuated or
2. the case must be one of those
impelled by legal malice
enumerated or included in Art. 2219 and
- malicious prosecution in civil actions:
2220
a. defendant filed a civil action against
3. there must be bad faith or wrongful act
the plaintiff previously
or omission
b. action was dismissed for clear lack
 requisites for award of moral damages of merit or for being baseless,
1. there must be an injury, whether unfounded and malicious
physical, mental or psychological, c. defendant who filed previous
clearly sustained by the claimant complaint as plaintiff was motivated
2. there must be a culpable act or omission by ill-will or sinister design
factually established

1
 d. present plaintiff suffered injury or and similar internal injury, the corporation
damage by reason of previous cannot be awarded with moral damages
complaint filed against him - however, if based on sufferance of
- in both cases, malicious prosecution besmirched reputation, then it is entitled
requires malice and absence of to moral damages if warranted by
probable cause evidence
- action is still premature if action filed by  existing corporation with reputation to
a party is still pending trial protect is entitled to moral damages, if the
- mere filing of a suit does not render basis of the claims is either:
plaintiff liable for malicious prosecution a. its good reputation has been
- if case is filed without bad faith, adverse besmirched by the defendant
result of an action does not per se make b. if its complaint is for libel or any other
an act wrongful and subject the actor to form of defamation
payment of moral damages  juridical persons cannot suffer moral
9. acts mentioned in article 309 (disrespect damages for lack of nervous system as they
for the dead and wrongful interference are not susceptible to feelings or senses
with funerals)  civil action for libel needs only
- unlawful interference in the funeral of preponderance of evidence
the dead is liable for damages to family  corporation may be granted actual,
of the deceased compensatory, temperate, liquidated or
- if act is committed is wanton and exemplary damage
malicious, exemplary damages may - however, if any of the above is granted,
also be awarded aside from actual and nominal damages cannot be granted
moral damages anymore
- the following may file action for Art. 2220
damages:  willful injury to property of another entitles
a. spouse the latter to an award of moral damages
b. descendants  moral damages may be awarded in culpa
c. ascendants contractual or breach of contract when
d. brothers and sisters defendant acted fraudulently or in bad faith
- dead person may be the object of libel and is guilty of gross negligence amounting
10. acts and actions referred to in articles to bad faith or in wanton disregard of his
21, 26, 27-30, 32, 34 and 35 (special contractual obligations
torts)  malice or bad faith implies a conscious or
- yardstick for moral damages should be intentional deisgn to do a wrongful act for a
that the amount awarded is not palpably dishonest purpose or moral obliquity
and scandalously excessive so as to  moral damages in breach of contracts
indicate that it was the result of passion, involving telegraphic messages
prejudice or corruption on part of trial a. use of wrong and improper forms
court b. omission to deliver message
 analogous cases means that the 10 cases c. intercalating libelous matters into the
mentioned are not exclusive as the law message
allows the award of moral damages in  moral damages entitled to employee
analogous cases subjected to sexual harassment
 in culpa contractual involving common  grant of moral damages in common crimes
carriers, moral damages are recoverable if: such as robbery not automatic
a. passenger died by reason of negligence
 disconnection of electricity without prior
of carrier; and
notice constitutes breach of contract
b. if common carrier is guilty of fraud or
 default in payment of bills cannot be utilized
bad faith
by petitioner to defeat or nullify claim for
 even if negligence of banks is not attended
damages
with malice or bad faith, moral damages
SECTION 2
may be granted
NOMINAL DAMAGES
- grant of exemplary damages are
Art. 2221
justified for banks at all times maintain
 nominal damages are not for indemnification
high level of meticulousness
of loss but for vindication of a right violated
 moral damages are not recoverable in
 assessment of nominal damages is left to
breach of contract of transportation except:
the sound discretion of the court and in
a. mishap results to death of passenger
accordance with circumstances of each
b. carrier was guilty of fraud or bad faith,
case
even if death does not result
 nominal and exemplary or compensatory or
 amount of moral damages must be
moral or moderate damages cannot co-exist
reasonable
 nominal damages and attorney’s fees may
 if corporation bases its claims for moral
be awarded together
damages on physical sufferings or mental
Art. 2222
anguish, fright, serious anxiety, wounded
feelings, mental shock, social humiliation

2
 all sources of obligation may give rise to wrongdoings and as a vindication of undue
nominal damages as well as in every case sufferings and wanton invasion of the rights
where property right has been invaded of an injured or a punishment for those guilty
 nominal damages are damages in name of outrageous conduct
only and not in fact  Rationale is for wanton acts to be
Art. 2223 suppressed
 final adjudication of nominal damages  Nature of exemplary damages are mere
results to res judicata- there shall be no accessories to other forms of damages
further contest upon the right involved as except nominal damages
well as all accessory questions  Vehicle driver not vehicle owner liable for
SECTION 3 exemplary damage except if:
TEMPERATE OR MODERATE DAMAGES a. wrongful act was previously authorized;
Art. 2224 or
 TEMPERATE DAMAGES- damages the b. subsequently ratified with full knowledge
amount of which is left to the sound of the facts
discretion of the court, but it is necessary  registered owner of vehicle is primarily liable
that there be some injury or pecuniary loss for injuries caused while being driven in
established, the exact amount of which highways
cannot be determined by the plaintiff by  agency of state can be subjected to
reason of the nature of the case temperate and exemplary damages
 Rationale is to empower plaintiff rather than  unjustified refusal to grant academic honors
let the complainant suffer without redress justifies grant of exemplary damages
from defendant’s wrongful act  cases where exemplary damages may be
 Damages for goodwill may be awarded in imposed as accessory damages
concept of actual or temperate damages a. criminal offense- when crime was
 Requisite to justify award of temperate committed with aggravating
damage is that some pecuniary loss had circumstances
been suffered but its exact amount cannot, b. quasi-delicts- when defendant acted
from the nature of the case, be proved with with gross negligence
certainty c. contracts and quasi-contracts- when
Art. 2225 defendant acted in wanton, fraudulent,
 temperate must be reasonable upon the reckless, oppressive or malevolent
circumstances of each particular cases manner
SECTION 4  moral and exemplary damages may be
LIQUIDATED DAMAGES awarded if financial credit is adversely
Art. 2226 affected
 LIQUIDATED DAMAGES- fixed damages
previously agreed by the parties to the ART. 2230
contract and payable to the innocent party in  aggravating circumstances must be present
case of breach by the other to impose exemplary damages
 Penalty is a sum inserted in a contract, as a  employer cannot be more liable more than
punishment for default, or by way of security employee
for actual damages which may be sustained  aggravating circumstances to be understood
by reason of non-performance in its broad or generic sense
- similarity on the other hand is that both  generic aggravating circumstances must be
assumes a greater liability in case of alleged
breach of an obligation  exemplary damages are payable to injured
Art. 2227 party while fines are payable to the state
 if amount fixed as liquidated damages is  better rule to follow is as long aggravating
iniquitous or unconscionable, the court may circumstances had been proved and
reduce it to a reasonable level established by evidence, the same may be
 if there is partial performance, the total used as basis in determination and grant of
amount of the liquidated damages agreed exemplary damages
upon may not be enforced
Art. 2228 ART. 2231
 when the breach is not the one  in quasi delicts, gross negligence must be
contemplated by the parties, the shown to justify grant of exemplary damages
determination of damages shall not be
based on the stipulation but on law ART. 2232
SECTION 5  in contracts and quasi-contracts, it is
EXEMPLARY OR CORRECTIVE DAMAGES essential that the defendant must have
acted in wanton, fraudulent, reckless,
ART. 2229 oppressive or malevolent manner
 also known as punitive or vindictive  willful, wanton and reckless manner have
damages been grouped together as an aggravated
 EXEMPLARY DAMAGES- damages form of negligence, differing in quality rather
intended to serve as a deterrent to serious than in degree

3
 BAD FAITH- dishonest purpose or some  Absence of good faith is essential to abuse
moral obliquity and conscious doing of a of right
wrong  Elements of Abuse of Right:
 Fraudulent (tainted with deception or a. There is a legal right or duty
injurious misrepresentation), oppressive b. Which is exercised in bad faith
(arbitrary or compulsive) and malevolent c. For the sole intent of prejudicing or
manner (done in bad faith) injuring another
 Rationale is that right ends when it
ART. 2233 disappears, and it disappears when it is
 Grant of exemplary damage is discretionary abused
 Merely addition to other forms of damages  GOOD FAITH- honest intention to refrain
except nominal damages from taking undue advantage of another
 BAD FAITH- dishonest purpose or some
ART. 2234 moral obliquity and conscious performance
 Conditions for grant of exemplary damages of a wrong
a. Merely accessory to actual, moral or  Provisions of human rights are merely
temperate damages guides for human conduct in the absence of
b. Discretionary to the court specific legal provisions and definite
c. Cannot be claimed as a matter of rights, contractual provisions
so need not be proved  Damnum Absque Injuria (Damage without
 Requirement for award of exemplary prejudice)- person who only exercises his
damages legal rights does no injury
a. There may be imposed by way of  Art. 19 not a panacea for all human hurts
example in addition to compensatory and social grievances
damages
b. They cannot be recovered as a matter Article 20. Every person who, contrary to law,
of right wilfully or negligently causes damage to another,
c. The act must be accompanied by bad shall indemnify the latter for the same.
faith or done in a wanton, fraudulent,  Article provides the general sanction which
oppressive and malevolent manner is the indemnification of damages
 Amount of exemplary damage need not be  No right impaired, no basis for damages
alleged or proved and depends upon sound
discretion of the court Article 21. Any person who wilfully causes loss
 Amount need not be pleaded in complaint or injury to another in manner that is contrary to
since it cannot be predetermined morals, good customs or public policy shall
 Public official, in his personal capacity, may compensate the latter for the damage.
be held liable for exemplary damages  Reason is that there are may injurious acts
which have not been foreseen by lawmakers
ART. 2235  Damages are recoverable even though no
 Future renunciation of exemplary damages positive law has been violation but it is
is null and void necessary that the act should have been
- However, exemplary damages already willfully done and it is contrary to morals,
determined by court in a final judgment good customs or public policy
may renounced by the winning party  Breach of promise to marry is not actionable
except:
SPECIAL TORTS a. When there is criminal seduction
- Deception, enticement, superior power
 GR: concept of torts applies to persons or abuse of confidence on the part of the
 PERSONAL TORT- one involving or seducer to which the woman yielded
consisting in an injury to the person or to the b. Actual damages suffered
reputation or feelings - In case of birth of child, support is
 PROPERTY TORT- injury or damage to real demandable
or personal property - In case of rape, rapist is compelled to
SPECIAL TORTS ON HUMAN RELATIONS support child
 HUMAN RELATIONS- rules needed to
govern the inter-relationships of human Article 22. Every person who through an act of
beings in a society for the purpose of performance by another, or any other means,
maintaining social order acquires or comes into possession of something
at the expense of the latter without just or legal
Article 19. Every person must, in the exercise of ground, shall return the same to him.
his rights and in the performance of his duties,  No person may unjustly enrich himself at the
act with justice, give everyone his due, and expense of another
observe honesty and good faith.  Article is applicable if:
 Principle of Abuse of Rights a. Someone acquires or comes into
 Departs from classical theory “he who uses possession of “something” which means
a right injures no one” delivery or acquisition of “things”

4
 b. Acquisition is undue and at the expense a. Appropriation of plaintiff’s name or
of another, which means without any likeness for the defendant’s benefit
just or legal ground b. Intrusion upon plaintiff’s solitude or
 Services are not included seclusion
 Accion in Rem Verso- action is only c. Public disclosure of private facts
subsidiary d. False light in the public eye
 Distinguished Accion in Rem Verso from  Prying in to privacy of another’s residence,
Solutio INdebiti damages could be recovered
a. RV- not necessary that payment be  Disturbance of private life or family relations
made by mistake is entitled for damages
SI- payment made by mistake  If there is no more affection to alienate, no
 Requisites of Accion Rem Verso: recovery of damages could be made
a. Defendant has been enriched  Alienation from one’s friend is liable for
b. Plaintiff has suffered a loss damages
c. The enrichment of defendant is without  Vexing of humiliating another on account of
just or legal ground his religious belief, damages could be
d. Plaintiff has no other action based on recovered
contract, quasi- contract, crime or quasi-  Unauthorized use of picture is an actionable
delict wrong
 Article not applicable if property is acquired  Unwarranted notice of foreclosure is an
by virtue of final judgment actionable wrong
 Government is not exempted from principle  Moral damages recoverable under Art. 26
of unjust enrichment
Article 27. Any person suffering material or
Article 23. Even when an act or event causing moral loss because a public servant or
damage to another's property was not due to the employee refuses or neglects, without just
fault or negligence of the defendant, the latter cause, to perform his official duty may file an
shall be liable for indemnity if through the act or action for damages and other relief against the
event he was benefited. latter, without prejudice to any disciplinary
administrative action that may be taken.
Article 24. In all contractual, property or other  Purpose of law is to eliminate corruption
relations, when one of the parties is at a  Requisites for filing of action:
disadvantage on account of his moral a. Public servant or employee refuses or
dependence, ignorance, indigence, mental neglects to perform his official duty
weakness, tender age or other handicap, the b. There is no valid reason for the refusal
courts must be vigilant for his protection. or neglect to perform official duty
 This article tempered Art. 3 c. That injury or damage is suffered by the
 Courts are directed not to neglect the extra plaintiff
protection needed by the disadvantaged and  Law applies only to acts of nonfeasance-
handicapped non-performance of some acts which a
 State as parens patriae is obliged to person is obliged or has responsibility to
minimize the risk of harm to those who perform
because of their minority  NONFEASANCE- omission of an act which
a person ought to do
Article 26. Every person shall respect the  MISFEASANCE- improper doing of an act
dignity, personality, privacy and peace of mind of which a person might lawfully do
his neighbors and other persons. The following  MALFEASANCE- doing of an act which a
and similar acts, though they may not constitute person ought not to do at all
a criminal offense, shall produce a cause of  Nature of duty must be ministerial
action for damages, prevention and other relief: - If discretionary, acted in a notoriously
(1) Prying into the privacy of another's arbitrary manner
residence;
 Good faith not a defense
(2) Meddling with or disturbing the
 Strictest compliance with the public official’s
private life or family relations of another;
duty is required until the last day of his
(3) Intriguing to cause another to be
tenure
alienated from his friends;
(4) Vexing or humiliating another on  Article not applicable when public officer
account of his religious beliefs, lowly acted within the scope of his official capacity
station in life, place of birth, physical and in line of duty
defect, or other personal condition.
Article 28. Unfair competition in agricultural,
 Coverage not limitative
commercial or industrial enterprises or in labor
- All acts violative of person’s rights to
through the use of force, intimidation, deceit,
dignity, personality, privacy and peace of
machination or any other unjust, oppressive or
mind
highhanded method shall give rise to a right of
 RIGHT TO PRIVACY- right to be left alone
action by the person who thereby suffers
and unnoticed if he chooses so
damage.
 General classes of torts actions for invasion
of privacy:

5
 UNFAIR COMPETITION- employing  rules on dependent and independent civil
deception or any other means contrary to action:
good faith - DCA if not reserved will be impliedly
 Unfair Competition could be committed instituted with criminal action
either through: - DCA if reserved may be prosecuted
a. Force independently but must await for
b. Intimidation outcome of crim case
c. Deceit - DCA must be suspended when there is
d. Machination, or any other unjust, crim case
oppressive or high-handed method - ICA can proceed simultaneously with
 True test of Unfair Competition- whether crim case
certain goods have been intentionally  Prescription of action ex quasi delicto does
clothed with an appearance which is likely to not operate as a bar to an action to enforce
deceive the ordinary purchaser exercising the civil liability arising from crime
ordinary care  Rationale of reservation is the avoidance of
 Reason is that it is necessary in a system of multiple suits between same litigants arising
free enterprise out of same act or omission of offender

Article 29. When the accused in a criminal Article 30. When a separate civil action is
prosecution is acquitted on the ground that his brought to demand civil liability arising from a
guilt has not been proved beyond reasonable criminal offense, and no criminal proceedings
doubt, a civil action for damages for the same are instituted during the pendency of the civil
act or omission may be instituted. Such action case, a preponderance of evidence shall
requires only a preponderance of evidence. likewise be sufficient to prove the act
Upon motion of the defendant, the court may complained of.
require the plaintiff to file a bond to answer for  Also speaks of dependent civil action
damages in case the complaint should be found  There is no need to reserve independent
to be malicious. civil action
If in a criminal case the judgment of acquittal is  Dependent civil actions to be pursued
based upon reasonable doubt, the court shall so independently must be reserved (waives the
declare. In the absence of any declaration to civil action, reserves to institute separately
that effect, it may be inferred from the text of the and institute prior to criminal case)
decision whether or not the acquittal is due to  Reason for reservation is to prevent
that ground. offended party from recovering damages
 Rationale of this article is it will correct a twice
serious defect in the law leading from  Reservation must be made before the
injustice prosecution starts presenting its evidence
 Kinds of acquittal:  If party failed to make reservation of
a. Guilt has not been proved beyond dependent civil action, the civil action is
reasonable doubt deemed instituted with criminal case
b. Accused Is not author of the crime  For practicality, court trying the criminal case
c. Crime complained of did not exist must be informed of the filing or pendency of
 acquittal not been proved beyond independent civil action
reasonable doubt may still file a civil action
for damages Article 31. When the civil action is based on an
 acquittal which bars civil action obligation not arising from the act or omission
a. accused is not author of crime complained of as a felony, such civil action may
b. no crime existed proceed independently of the criminal
c. finding in a final judgment that the act proceedings and regardless of the result of the
form which civil liability arise did not latter.
exist  Independent civil action which arises from
 acquittal which does not bar civil action: some other acts such as contract or suit
a. liability of accused is not criminal but based on culpa contractual
only civil
b. civil liability is not derived from or based Article 32. Any public officer or employee, or
on criminal act which the accused is any private individual, who directly or indirectly
acquitted obstructs, defeats, violates or in any manner
c. civil action is based on quasi delict impedes or impairs any of the following rights
 prescription of criminal action is not a bar to and liberties of another person shall be liable to
civil action the latter for damages:
 article 29 refers to dependent civil actions (1) Freedom of religion;
and not to independent civil actions (2) Freedom of speech;
 there is duty of judge to be specific and (3) Freedom to write for the press or to
accurate maintain a periodical publication;
 finding on civil liability of the accused shall (4) Freedom from arbitrary or illegal
be made in case of acquittal except if there detention;
is clear showing that the act which the civil (5) Freedom of suffrage;
liability might arise did not exist

6
 (6) The right against deprivation of  Reason is that citizens will have adequate
property without due process of law; civil remedies because of these independent
(7) The right to a just compensation civil actions
when private property is taken for public  Private person may be offender even if he
use; acted in good faith
(8) The right to the equal protection of  Suspension of privilege of habeas corpus
the laws; does not bar action for damages anchored
(9) The right to be secure in one's on illegal searches
person, house, papers, and effects  Purpose if Art. 32 is to provide sanction to
against unreasonable searches and the deeply cherished rights and freedoms
seizures; enshrined in the Constitution
(10) The liberty of abode and of  Judges are exempted from damages except
changing the same; if the judge’s act constitutes a violation of
(11) The privacy of communication and penal statutes such as:
correspondence; a. Art. 204- knowingly rendering unjust
(12) The right to become a member of judgment
associations or societies for purposes b. Art. 205- knowingly rendering a
not contrary to law; manifestly unjust judgment through
(13) The right to take part in a inexcusable negligence or ignorance
peaceable assembly to petition the c. Art. 206- knowingly rendering an unjust
Government for redress of grievances; interlucotory order
(14) The right to be a free from d. Art. 207- maliciously delaying
involuntary servitude in any form; administration of justice
(15) The right of the accused against  Public officer may be held liable for
excessive bail; damages if in the course of performance of
(16) The right of the accused to be his functions of his office he:
heard by himself and counsel, to be a. Acted with malice, bad faith and
informed of the nature and cause of the negligence
accusation against him, to have a b. Where public officer violated a
speedy and public trial, to meet the constitutional right of plaintiff
witnesses face to face, and to have
compulsory process to secure the Article 33. In cases of defamation, fraud, and
attendance of witness in his behalf; physical injuries a civil action for damages,
(17) Freedom from being compelled to entirely separate and distinct from the criminal
be a witness against one's self, or from action, may be brought by the injured party.
being forced to confess guilt, or from Such civil action shall proceed independently of
being induced by a promise of immunity the criminal prosecution, and shall require only a
or reward to make such confession, preponderance of evidence.
except when the person confessing
 Rationale is to allow citizen to enforce his
becomes a State witness;
rights in private action brought by him
(18) Freedom from excessive fines, or
 Involves independent civil action for
cruel and unusual punishment, unless
damages based on fraud, defamation and
the same is imposed or inflicted in
physical injuries
accordance with a statute which has not
been judicially declared unconstitutional;  Only preponderance of evidence is required
and  Defamation includes libel and slander
(19) Freedom of access to the courts.  Fraud covers estafa or swindling
In any of the cases referred to in this  Physical injuries covers all kinds of physical
article, whether or not the defendant's injuries
act or omission constitutes a criminal  OLD RULE: Art. 33 applies only to injuries
offense, the aggrieved party has a right intentionally committed
to commence an entirely separate and  NEW RULE: In Corpus v. Paje, allowed to
distinct civil action for damages, and for apply to injuries which arose from criminal
other relief. Such civil action shall negligence
proceed independently of any criminal  Effect of intervention in criminal case:
prosecution (if the latter be instituted), - If filed a separate civil action, cannot
and may be proved by a preponderance intervene in criminal case
of evidence. - If he intervened, he cannot later file a
The indemnity shall include moral damages. civil action to recover moral and
Exemplary damages may also be adjudicated. exemplary damages
The responsibility herein set forth is not - Judgment in criminal case bars civil
demandable from a judge unless his act or action under Art. 33
omission constitutes a violation of the Penal
Code or other penal statute. Article 34. When a member of a city or
 This article constitutes constitutional torts municipal police force refuses or fails to render
 Guarantee the protection of civil liberties of aid or protection to any person in case of danger
people to life or property, such peace officer shall be
primarily liable for damages, and the city or

7
municipality shall be subsidiarily responsible  NUISANCE- anything which hinders the
therefor. The civil action herein recognized shall comfortable enjoyment of life and hinders
be independent of any criminal proceedings, and the free use of customary way of property
a preponderance of evidence shall suffice to
support such action. Article 695. Nuisance is either public or private.
 Independent civil action covers: A public nuisance affects a community or
a. There is danger to life or property of neighborhood or any considerable number of
person persons, although the extent of the annoyance,
b. Member of police force who is present in danger or damage upon individuals may be
the scene refused or failed to render aid unequal. A private nuisance is one that is not
or protection to person included in the foregoing definition.
c. Damages are caused to person or Article 696. Every successive owner or
property of victim possessor of property who fails or refuses to
 Liability of officer is primary and city or abate a nuisance in that property started by a
municipality is subsidiary former owner or possessor is liable therefor in
 Defense of good father of family not the same manner as the one who created it.
available to city or municipality Article 697. The abatement of a nuisance does
not preclude the right of any person injured to
OTHER SPECIAL TORTS: recover damages for its past existence.
a. ObliCon Article 698. Lapse of time cannot legalize any
b. Construction of building under Special nuisance, whether public or private.
Contracts Article 699. The remedies against a public
c. Family Code nuisance are:
d. RPC (1) A prosecution under the Penal Code
e. Chapter on Nuisance or any local ordinance: or
f. Chapter on Common Carriers (2) A civil action; or
g. Chapter on Quasi-Contracts (3) Abatement, without judicial
h. Chapter on Deposit and Loss of Things proceedings.
in Hotels Article 700. The district health officer shall take
i. Special laws like Anti-Sexual care that one or all of the remedies against a
Harrassment Act public nuisance are availed of.
Article 701. If a civil action is brought by reason
TORTS INVOLVING DISRESPECT TO DEAD of the maintenance of a public nuisance, such
OR WRONGFUL INTERFERENCE WITH action shall be commenced by the city or
FUNERAL RIGHTS municipal mayor.
Article 702. The district health officer shall
Article 309. Any person who shows disrespect determine whether or not abatement, without
to the dead, or wrongfully interferes with a judicial proceedings, is the best remedy against
funeral shall be liable to the family of the a public nuisance.
deceased for damages, material and moral. Article 703. A private person may file an action
 Disrespect to dead is an actionable wrong on account of a public nuisance, if it is specially
 Libel may be committed to a dead person injurious to himself.
 Unlawful interference in funeral of dead Article 704. Any private person may abate a
person subject to damage public nuisance which is specially injurious to
 Who can file action for damages: him by removing, or if necessary, by destroying
a. Spouse the thing which constitutes the same, without
b. Descendants committing a breach of the peace, or doing
c. Ascendants unnecessary injury. But it is necessary:
d. Brothers and sisters (1) That demand be first made upon the
owner or possessor of the property to
TORTS INVOLVING NUISANCE abate the nuisance;
(2) That such demand has been
rejected;
 NUISANCE- is a serious hindrances to the
(3) That the abatement be approved by
enjoyment of life and property
the district health officer and executed
with the assistance of the local police;
Article 694. A nuisance is any act, omission,
and
establishment, business, condition of property,
(4) That the value of the destruction
or anything else which:
does not exceed three thousand pesos.
(1) Injures or endangers the health or
Article 705. The remedies against a private
safety of others; or
nuisance are:
(2) Annoys or offends the senses; or
(1) A civil action; or
(3) Shocks, defies or disregards
(2) Abatement, without judicial
decency or morality; or
proceedings.
(4) Obstructs or interferes with the free
Article 706. Any person injured by a private
passage of any public highway or street,
nuisance may abate it by removing, or if
or any body of water; or
necessary, by destroying the thing which
(5) Hinders or impairs the use of
constitutes the nuisance, without committing a
property.

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breach of the peace or doing unnecessary injury.
However, it is indispensable that the procedure
for extrajudicial abatement of a public nuisance
by a private person be followed.
Article 707. A private person or a public official
extrajudicially abating a nuisance shall be liable
for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later
declared by the courts to be not a real
nuisance.