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Study Guide:: The Civil Code Preliminary Title Human Relations (Arts. 19-36)
Study Guide:: The Civil Code Preliminary Title Human Relations (Arts. 19-36)
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STUDY GUIDE:
NOTE:
Honesty – careful regard for other’s rights and property.
Good faith – honest intention to avoid taking undue advantage of another.
Bad faith – presupposes a dishonest purpose or some moral obliquity and conscious
performance of a wrong. Mere bad judgment or negligence does not
necessarily mean bad faith.
1. Reason for the Article – Fully aware that there are countless
gaps in statues, which leave so many victims of moral wrongs helpless,
even though they have actually suffered material and moral injury, the
Code Commission has deemed it necessary in the interest of justice, to
incorporate Article 21 into the Civil Code.
2. Acts Contra Bonus Mores; Requisites for Recovery of
Damages. – Article 21 deals with acts contra bonus mores, and has the
following elements:
STUDY GUIDE (Articles 19-36, Chapter 2, Preliminary Title, NCC)
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3. ILLUSTRATIVE EXAMPLES:
(B) A contract for the sale of land was declared null and void
after the buyer had already paid the purchase price. May said buyer
recover the price paid from the successors-in-interest of the seller? YES,
because if said successors could recover the land without being required
to reimburse the buyer, they would be enriching themselves unjustly at the
expense of the buyer.
3. ILLUSTRATIVE EXAMPLES:
Sps. Tan vs. Mandap, G.R. No. 150925, May 27, 2004.
STUDY GUIDE (Articles 19-36, Chapter 2, Preliminary Title, NCC)
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3. What are the requisites in order that an action under Article 27 will
prosper?
The five sources of civil liability. (Art. 1157, NCC) – The civil
obligation or liability of a person can arise from any of the following
sources:
(a) Law – Example: The obligation of a person to pay his taxes is
directed by the provisions of the National Internal Revenue Code. The
source of this civil liability is then our tax laws.
Examples :
When a criminal action is filed in court, the civil action for the
recovery of civil liability arising from the offense charged (WHAT IS
REFERRED TO IS CIVIL LIABILITY SOURCED FROM CRIME OR
DELICT) is automatically deemed instituted with the criminal action.
Example : In the example above, if a criminal case for theft of a
carabao is filed against the accused, not only will the criminal court rule on
his criminal liability, but the court will also make a judgment as to his (the
accused) civil liability to the offended party (owner of the carabao, and
private complainant in the criminal case).
(A) When the offended party waives the civil action , i.e., the
offended party makes a waiver stating his intention not to recover civil
liability anymore.
(B) When the offended party reserves the right to institute the
civil action in a venue separate from the court where the criminal
action is pending.
Here, the offended party has to inform the judge of the court
hearing the criminal case that he will be filing a separate civil action to
recover civil liability arising from the crime; hence, the criminal court does
not need to make a judgment on the civil aspect of the case. The
offended party must, however, notify the criminal court of such intention
BEFORE the prosecution (lawyer for the government and private
complainant) starts presenting its evidence in the criminal case.
Example : In the same example above, assume that the owner of the
carabao (the private complainant) reserved his right to file a separate civil
action before the criminal court. Under such case, the private complainant
has to wait before there is a final judgment in the criminal case for theft
before he can file a civil case for recovery of civil liability ex delicto from
the accused. This is because if the criminal court finds that the accused
did not commit the act complained of, the offended party will have no
basis for recovering civil liability ex delicto.
(C) When the offended party institutes or files the civil action
ahead of the criminal action.
If the accused is acquitted on the ground that his guilt has not been
proven beyond reasonable doubt, the offended party can still recover civil
liability ex delicto. (Article 29, par. 1, NCC.) The basis for acquittal
must be stated by the court in the body or text of its decision. (Article 29,
par. 2, NCC.)
(1) The family of the victim can file a criminal case for reckless
imprudence resulting in homicide. The criminal action is based on the
negligent act of the driver, which resulted in damage, or the death of the
child. A criminal action for homicide cannot be filed because there was no
intent to kill the child on the part of the driver. If the driver is found guilty of
criminal negligence, he will be adjudged by the court liable also for civil
liability ex delicto in the form of damages to be paid to the family of the
child.
(2) The family of the victim can also, at the same time, file another
action to recover civil liability arising from quasi-delict or tort, which is a
different source of civil liability under Article 1157 of the Civil Code.
(Article 31, NCC)
the family of the victim from recovering civil liability arising from quasi-
delict.
Assume that the court in the criminal case convicts the accused
of the crime charged, and consequently awards damages to the family of
the victim. In addition, the court hearing the victim’s right to recover civil
liability arising from quasi-delict also rules in favor of the victim, and
awards damages to the family of the child. Under the circumstances,
even if the offended party is given by law the right to file two separate
actions to recover civil liability arising from independent sources, the
offended party cannot recover damages twice for the same act or
omission of the accused. He can recover only once and choose from
either actions.
They are called independent civil actions because they can proceed
independently of the criminal action, and shall require only a
preponderance of evidence. Hence, even if the acts or omissions
enumerated from Articles 32, 33 and 34 constitute a crime, the offended
party does not need to reserve his right to institute the civil action
separately. He can immediately file a civil action to recover civil liability ex
delicto, without waiting for the proceedings in the criminal action to be
terminated, and regardless of the result of the criminal action – i.e.,
whether the accused is convicted or acquitted.
ART. 33. – Under Article 33, the term “physical injuries” should
be understood to mean bodily harm, not the crime of physical injuries as
defined under the Revised Penal Code. Hence, a civil action to recover
civil liability under this article may be filed whether the offense committed
is that of physical injuries or frustrated homicide, or attempted homicide,
or even death (homicide or murder).
Beltran vs. People, G.R. No. 137567, June 20, 2000. The
Supreme Court in this case ruled that a petition for declaration of nullity of
marriage is not a prejudicial question to a subsequent case for
concubinage filed by the other spouse. Read the legal basis for the
court’s ruling in this case.
My father used to say that it’s never too late to do anything you wanted to do.
And he said, ‘You never know what you can accomplish until you try.’
Michael Jordan
Don’t let the fear of the time it will take to accomplish something
stand in the way of your doing it. The time will pass anyway;
we might just as well put that passing time to the best possible use.
Earl Nightingale
HRL/29Nov2015