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amount of damage cannot be proven
GOLDEN RULE OF THE CIVIL CODE:
 To act with justice;
 Give everyone his due; and
 Observe honesty and good faith.
Principle of abuse of rights:
 If a person acts with abuse, his right to act ceases, and
his act becomes illicit, giving rise to liability.
 The exercise of a right ends when the right disappears
and it disappears when it is abused, especially to the
prejudice of others.
Honesty: careful regard for other’s rights and property.
Good faith: is an honest intention to refrain from taking undie
advantage of another.
Bad faith: presupposes a dishonest purpose or some moral
obliquity and conscious performance of a wrong.
“Act with justice and give everyone his due” Article 20, 21, 22,
24.
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General Sanction: indemnification for damages.
 Covers situations when the law does not provide its
own sanctions, as well as legal wrongs not constitutive
of breach of contract.
 Covers (a) torts based on malice (b) torts based on
negligence.
 However, before someone has the right to be
indemnified, it is essential that some right of his be
impaired.
Negligence: the failure to observe for the protection of the
interests of another person that degree of care, precaution and
vigilance which the circumstances greatly demand, whereby
such other person suffers injury.
21
22
Damages that can be prayed from the court:
 Moral Damages ex. humiliation, sleepless nights,
mental anguish, etc.
 Exemplary to serve as an example
 Nominal vindication or recognition of a right violated
or invaded, and not for the purpose of indemnifying
the plaintiff for any loss suffered by him
 Temperate refers to pecuniary damages when the
 Actual expenses incurred. The party who suffered
must be able to prove that he suffered (presentation
of official receipts)
 Liquidated damages agreed upon by the parties in ase
of breach
Breach of promise to marry
 Is generally an inactionable wrong except when
there is criminal or moral seduction. There must
be:
 Deception
 Enticement
 Superior power or
 Abuse of confidence on the part of the
seducer to which the woman yielded
 There can be no recovery of damages.
 However, if there be moral or criminal seduction,
moral damage may be recovered under Article 21.
 If the sexual intercourse was due to mutual lust of
the parties who are both of legal age, no moral
damages could be claimed.
 Actual damages suffered for reason of breach of
promise to marry are recoverable, such as the
expenses for the wedding preparations.
 Where there has been no carnal knowledge, there
may be an action for actual and moral damages
under certain conditions, as when there has been
a deliberate desire to inflict loss or injury, or when
there has been an evident abuse of a right.
 WON, 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 the child. Of course, it must
be established that the child is the child of the
defendant. However, in case of rape where the
rapist is a married man, he cannot be compelled
to recognize the offspring. But he could be
compelled to support the child.
 Principle of unjust enrichment – “nemo cum alterius
detriment locupletari potest” no one shall unjustly
enrich himself at the expense of another
 Applicable only if:
 Someone acquires or comes into possession
of “something” which means delivery or
acquisition of “things
GALIDO, DARLYN J. | CIVIL CODE
ATENEO DE DAVAO UNIVERSITY COLLEGE OF LAW
  Acquisition is undue and at the expense of
another, which means without any just or
legal ground
 Does not apply is property is obtained by virtue of a
final judgement of a court.
 Accion in rem verso (Art.22) – is the action for recovery
of what has been paid without just cause; there is no
mistake in the delivery.
 Solutio indebiti (Art. 2154) – is the action for recory of
payment which was made by mistake.
 REQUISITES FOR UNJUST ENRICHMENT TO PROSPER:
 The defendant has been enriched;
 The plaintiff has suffered a loss;
 The enrichment of the defendant is without
just or legal ground; and
 The plaintiff has no other action based on
contract, quasi-contract, crime, or quasi-
delict.
 Examples:
 Overpricing
 Asking for payment twice (complain to DTI)
 Paid for a future transaction that did not
materialize (obliged to return the payment)
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Basis for the payment of the liability for damages is the amount
of how much was benefited by the defendant.
24
DOCTRINE OF PARENS PATRIAE
 Father or parent of his country.
 Law seeks the welfare of the incapacitated,
disadvantaged, and handicapped being unable to
protect them.
 The state has the sovereign power of guardianship
over persons under disability.
 The state is considered the parens patriae of minors.
People under parens patriae:
 Moral independence – teacher/pupil
 Ignorance – want of knowledge
 Indigence – poverty
 Mental weakness – insane, morons, imbeciles, idiot,
mentally challenged
 Tender age – children
 Other handicap – physical disabilities
“Vigilant for his protection” – generally means that in case of
doubt, the doubt must be resolved in favor of the underdog.
“non sui julis” means “not capacitated”
 Ex. minority, mental capacity
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Reason: thoughtless extravagance may incite the passions of
those who cannot afford to spend.
REQUISITES FOR FILING OF ACTIONS TO STOP EXTRAVAGANCE:
 There is a thoughtless extravagance of expenses;
 The extravagance is for pleasure or display;
 There is a period of acute public want or emergency;
and
 The case is filed in court by a governmental institution
or private charitable institution.
It is important to prove the acute public want.
Examples of government institutions and charitable institution:
 DSWD, Anak-bayan, Bayan-muna.
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Remedies may be an action for damages, an action for
prevention or any other relief.
SCOPE:
 Prying into the privacy of another’s residence –
includes any act of intrusion into, peeping, or peering
inquisitively into the residence of another without the
consent of the latter.
 Meddling with or disturbing the private life or family
relations of another – includes the alienation of the
affections of the husband or the wife.
 Intriguing to cause another to be alienated from his
friends – includes gossiping and reliance on hearsay.
 Vexing or humiliating – includes criticism one one’s
health or features without justifiable legal cause.
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The article only applies to nonfeasance; which means non-
performance of some acts which a person is obliged or has the
responsibility to perform. Good faith is not a defense here.
NONFEASANCE – omission of an act which a person ought to do;
MISFEASANCE – the improper doing of an act which a person
might lawfully do;
MALFEASANCE – the doing of an act which a person not ought
to do at all.
GALIDO, DARLYN J. | CIVIL CODE
ATENEO DE DAVAO UNIVERSITY COLLEGE OF LAW
 GALIDO, DARLYN J. | CIVIL CODE
ATENEO DE DAVAO UNIVERSITY COLLEGE OF LAW