Janine S.

Ismael

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HUMAN RELATIONS

Elements of Abuse of Rights (Art. 19)

Human Relations refers to the rules

needed to govern the interrelationships of
human beings in a society for the purpose of
maintaining social order
-

There is a need for regulation and

control
to
secure
a
rightful
relationship between human beings
and for the stability of the social
order
Basic principles to be observed for the
rightful relationship between human
beings
Designed to indicate certain norms
that spring from the foundation of
good conscience

Art. 19. Every person must, in

exercise of his rights and in
performance of his duties, act
justice, give everyone his due,
observe honesty and good faith.

the
the
with
and

Principle of Abuse of Rights acts

performed which are not illegal but
nevertheless make the actor liable for
damages, if in so acting or in exercising his
right, his purpose is to prejudice or injure
another.
-

Person should not use his right

unjustly or contrary to honesty and
good faith, otherwise he opens himself
to liability.
Intended to expand the concept of
torts by granting adequate legal
remedy for the untold number of
moral wrongs which is impossible for
human foresight to provide specifically
in statutory law.
Absence of good faith is essential to
abuse of right

Good faith
1. Honest intention to abstain from
taking any unconscientious advantage
of another, even through the forms or
technicalities of the law;
2. Absence of all information or disbelief
of fact which would render the
transaction unconscientious

1. There is a legal right or duty

2. Which is exercised in bad faith
3. For the sole intent of prejudicing or
injuring another

Rationale behind the Principle

-

The exercise of a right ends when the

right disappears, and it disappears
when it is abused, especially to the
prejudice of others

Remedy for Violation of Art. 19

-

It does not provide a remedy for its

violation
An action for damages under either
Art. 20 or Art. 21 would be proper

Right of Access to the Courts is not

without Limit
-

Party who is injured by an abuse of the

right to institute a legal proceeding
may, at the termination of the
frivolous suit, file a civil action for
damages based on the provisions of
the Civil Code on human relations

Good faith an honest intention to refrain

from 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
Limitation on the Provision on Human
Relation
-

Provisions on HR merely guides for

human conduct in the absence of
specific legal provisions and definite
contractual provisions

Damnum
Absque
Injuria
(Damage
without Prejudice) person who only
exercises his legal rights does no injury

Janine S. Ismael
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If damages result from such exercise

of legal rights, it is such
When the conjunction of damage and
wrong is wanting, there is no damnum
absque injuria
Cannot be said that a person exercises
a right when he unnecessarily
prejudices another or offends morals
or good customs
When the act was done without
prudence or good faith (abuse of
rights), the actor is liable for damages

Damages loss, hurt, or harm which results

from the injury
Damnum Absque Injuria damage
without injury in those instances in which the
loss or harm was not the result of a violation
of a legal duty
Art. 21. Any person who willfully causes
loss or injury to another in a manner
that is contrary to morals, customs or
public policy shall compensate the
latter for the damage.
-

Art. 20. Every person who, contrary to

law, willfully or negligently causes
damage to another, shall indemnify the
latter for the same.

Many injurious acts are contrary to

public policy but are not forbidden by
statute which have not been foreseen
by the lawmakers and therefore liable
for damages under this article

Coverage of the Article

Indemnification for damages - there are
instances when the law does not provide its
own sanctions and in which case, this article
provides the general sanction
-

Covers torts based on malice

Tort injury or damage which may result to

civil liability or payment for indemnity
No Right
Damages
-

Impaired,

No

Basis

for

There must first be an impairment of

right before being able to indemnify
However, if someone be damaged by
another, he does not necessarily have
the right to be indemnified
Rule may apply to contests such as
dancing, singing, writing, beauty
pageant, etc. because there is merely
a privilege to compete for the prizes
and that privilege would not ripen into
a right until contestant shall have
been proclaimed first the winner by
the board of judges.
Forger of check liable for damages
for willfully causing damage to
another.

Injury illegal invasion of a legal right

Requisites for Recovery of Damages

1. Act should have been willfully done
2. Contrary to morals, good customs or
public policy
3. Presupposes loss or injury, material or
otherwise, which one may suffer as a
result of such violation
4. Plaintiff must not be at fault, otherwise
he could not recover
Rule on Breach of Promise to Marry, Not
Actionable; Exception
-

If a person promised to marry another,

and the promise was broken, no court
can compel the promissor to marry the
promisee.
Right to marry personal; not subject
to judicial compulsion
No law which imposes the duty or
obligation to marry somebody
Breach of promise to marry is not
actionable

However, a breach of promise to marry

MAY GIVE RISE TO DAMAGES under
certain circumstances:
Moral damages are recoverable when:

Janine S. Ismael
1. There
is
criminal
or
moral
seduction
a. There must be deception,
enticement, superior power or
abuse of confidence on the part
of the seducer to which the
woman yielded
b. If sexual intercourse was due to
mutual lust of the parties who
are both of legal age, no moral
damages could be claimed
2. There
are
actual
damages
suffered
a. Actual damages suffered by
reason of breach of promise to
marry are recoverable
Illus. A teacher who resigned her
position because of the mans
promise to marry her can recover
actual damages, if the man did not
fulfill his promise to marry.
3. In case of birth of a child, support
is demandable
a. Whether or not there is moral or
criminal seduction if the carnal
knowledge resulted in the birth
of a child, the man, whether
married
or
not
is
under
obligation to support his child.
4. In case of rape, support for the
child can be demanded
a. If rapist is a married man, he
cannot
be
compelled
to
recognize the offspring of the
crime as his child whether
legitimate or illegitimate
b. But he could be compelled to
support the child
Art. 22. Every person who through an
act of performance by another, or any
other means, acquires or comes into
possession of something at the expense
of the latter without just or legal
ground, shall return the same to him.
Reason for the Article
-

No person should unjustly enrich

himself at the expense of another

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In cases not foreseen by the

lawmakers, no one may unjustly
benefit himself to the prejudice of
another
Enrichment with a just or legal ground
is not prohibited

Article is applicable only if

1. Someone acquires or comes into
possession of something (delivery or
acquisition of things)
2. Acquisition is undue and at the
expense of another without just or
legal ground
Requisites of Unjust Enrichment
1. A person is unjustly benefited
2. Such benefit is derived at the expense
of or with damages to another
Rendition of services, not included
-

Services are not included in this article

Does not mean that the benefiter is
exempted from indemnifying the
former
Liability will lie on a quasi-contract

Quasi-contract When a court acts as if an

actual contract existed when one may have
been implied by law in order to prevent
another party from being unjustly enriched
Accion in rem verso, its limitation
-

For the recovery of what has been

paid without just cause
Can only be availed of if there is no
other remedy to enforce it based on a
contract, quasi-contract, crime or
quasi-delict

Quasi-delict wrong act done through

negligence causes damage or injury to
another without malice; may be private
(ground for civil action) or public (crime)
Accion in rem verso
-

Not necessarily payment by mistake

Payment could have been made
unknowingly and voluntarily, but
nevertheless, there would be recovery
of what has been paid

Janine S. Ismael
Solutio indebiti payment was made by
mistake, which is an essential element to
maintain the action for recovery
Requisites of accion rem verso
1. Defendant has been enriched
2. Plaintiff has suffered a loss
3. Enrichment of the defendant is
without just or legal ground
4. Plaintiff has no other action based on
contract, quasi-contract, crime or
quasi-delict
Article not applicable if property is
acquired by virtue of a final judgment
-

Property acquired by virtue of final

judgment rendered by a court of
competent jurisdiction, cannot be said
to have been acquired without just or
legal ground

Government is not exempted from the

Principle of Unjust Enrichment
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Art. 24. In all contractual, property, or
other relations, when one of the parties
is at a disadvantage on account of his
moral
dependence,
ignorance,
indigence mental weakness, tender age
or other handicap, the courts must be
vigilant for his protection.
Principle of Gross Ignorance of the law
is tempered by the article
-

Court Vigilance
-

Government cannot enrich itself at the

expense of another

Art. 23. Even when an act or event

causing damage to anothers property
was not due to the fault or negligence
of the defendant, the latter shall be
liable for indemnity if through the act or
event ha was benefited.
Illus. A was not at fault but he was benefited.
It is right and equitable that he should
indemnify B.

Ignorance of the law excuses no one

from the noncompliance therewith.
Presumption
is
unrealistic
but
necessary to prevent evasion of the
law
Art. 3 should not be applied with equal
force to minors, who due to their lack
of intelligence, should not be treated
differently

Courts must render justice and

therefore they must be very vigilant in
protecting
the
rights
of
the
disadvantaged with the end in view
that
any
decision
will
be
in
consonance with what is right and
legal

Doctrine of Parens Patriae

-

The law seeks the welfare of the

incapacitated,
disadvantaged
and
handicapped being unable to fully
protect themselves