Part 7

Provisions:
Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.
Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.
Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.
Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a criminal
offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.
Article 32. Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and
seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for redress of
grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess
guilt, or from being induced by a 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.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a
criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes
a violation of the Penal Code or other penal statute.
Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
(1902a)
Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or
omissions, but also for those of persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible for the damages caused
by the minor children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who are under their
authority and live in their company.

The owners and managers of an establishment or enterprise are likewise responsible for damages
caused by their employees in the service of the branches in which the latter are employed or on the
occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting
within the scope of their assigned tasks, even though the former are not engaged in any business or
industry.

The State is responsible in like manner when it acts through a special agent; but not when the damage
has been caused by the official to whom the task done properly pertains, in which case what is provided
in article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they remain in their custody.

The responsibility treated of in this article shall cease when the persons herein mentioned prove that
they observed all the diligence of a good father of a family to prevent damage. (1903a)
Article 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall
be liable for death or injuries caused by any noxious or harmful substances used, although no
contractual relation exists between them and the consumers. (n)

Melton v Stephens, 2014

https://caselaw.findlaw.com/in-court-of-appeals/1673683.html
https://pdfcoffee.com/002melton-v-stephens-pdf-free.html
SAA v. CA (G.R. No. 122191, October 8, 1998)
http://www.philippinelegalguide.com/2013/07/conflicts-of-laws-case-digest-saudi.html

Kamelgard v. Macura, 2009

https://caselaw.findlaw.com/us-7th-circuit/1498470.html
https://pdfcoffee.com/kamelgard-vs-macura-digestdocx-pdf-free.html

Butler v. Adoption Media, LLC, 2007

https://www.lexisnexis.com/community/casebrief/p/casebrief-butler-v-adoption-media-llc

Schmidt v. Driscoll Hotel, 1957

https://batangmataba.blogspot.com/2010/02/choice-of-law-in-torts-and-crimes-part.html

Wildvalley Shipping Co., Ltd. v. CA (G.R. No. 119602, October 6, 2000)

https://blacknwhitethoughtsblog.wordpress.com/2016/06/28/wild-valley-shipping-co-ltd-vs-court-of-appeals-gr-no-
119602-october-6-2000/

Pakootas v. Teck Cominco Metals, Ltd, 2006

https://climate.law.columbia.edu/content/pakootas-v-teck-cominco-metals-ltd

Nnadili v. Chevron USA Inc, 2006 (full text)

https://scholar.google.com.ph/scholar_case?case=6620183040172917198&q=Nnadili+v.
+Chevron+USA+Inc&hl=en&as_sdt=2006&as_vis=1