PERSONS AND FAMILY RELATIONS (Elmer T.

Rabuya, 2021 Edition)

CHAPTER I. EFFECT and APPLICATION of LAWS

CIVIL CODE, defined. – is a collection of laws which regulate relations of the members of the civil society,
determining their respective rights and obligations, with reference to persons, things, and civil acts.

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided. (As amended by E.O. No. 200)

Effectivity of Laws:
1. After fifteen (15) days following the completion of their publication.
2. When a law provides its own date of effectivity.
3. Effective Immediately - “shall take effect immediately upon approval,” becomes effective
immediately after its publication. (La Bugal-B’Laan Tribal Association, Inc. v. Ramos [421
SCRA 148, 2004])

PUBLICATION REQUIREMENT
The Supreme Court ruled that publication in the Official Gazette is necessary only in those cases
where the legislation itself does not provide for its effectivity date where the legislation itself does
not provide for its effectivity date – for then the date of publication is material in determining the
date of effectivity of the law, which is the 15 th day FOLLOWING its publication – but not when the
law itself provides for the date when it goes into effect.
Pursuant to this amendatory law (EO 200), publication of laws may now either be in the Official
Gazette or in a newspaper of general circulation in the Philippines.

Newspaper of General Circulation

1. that it is published for the dissemination of local news and general information;
2. that it has a bona fide subscription list of paying subscribers; and
3. that it is published at regular intervals.

Tanada v. Tuvera
The court ruled that Article 2 of the Civil Code does not preclude the requirement of
publication in the Official Gazette even if the law itself provides for the date of effectivity since
the clear object of the law is to give general public adequate conduct as citizens. Without such
notice and publication, there would be no basis for the application of the maxim “ignotania
legis non excusat”. It would be the height injustice, according to the Court, to punish or
otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever,
not even a constructive one.

“unless it is otherwise provided” in Article 2 of the New Civil Code refers to the date of effectivity
and not to the requirement of the publication itself. (Tanada v. Tuvera)

Article 3. Ignorance of the law excuses no one from compliance therewith. (2)
(Ignorantia legis non excusat)

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Presumption of Knowledge of Laws. The presumption of knowledge of laws under Art. 3 of the Civil
Code is Conclusive. Actual notice is not required since constructive notice is sufficient.
Constructive Notice. The provisions of the law are ascertainable from the public and official
repository where they are duly published.

Laws Covered. Applicable only to our laws, ignorance of foreign laws is not ignorance of the law
but mere ignorance of fact which must be alleged and proved. All kinds of Domestic laws, whether
Civil or Penal, Substantive or Remedial. However, the article is limited to mandatory and
prohibitory laws.

Doctrine of “Processual Presumption”. The doctrine of presumed-identity approach in

International Law. A foreign law must be properly pleaded and proved as a fact. Thus, if the
foreign law involved is not properly pleaded and proved, our courts will presume that the foreign
law is the same as our local or domestic or international law. (Collector of Internal Revenue v. Fisher,
January 28, 1961)

Article. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

Laws shall have prospective effect unless the contrary is expressly provided.

General Rule: Prospectivity. Laws are to be construed as having only prospective operation. “Lex
prospicit, non respicit”; the law looks forward, not backward.

Exceptions:
1. If the law itself provides for retroactivity;
2. Penal laws favorable to the accused; provided that the accused is not a habitual delinquent;
3. If the law is procedural;
4. When the law is curative; and
5. When the law creates new substantive rights.

Unless the contrary is provided. The law itself may provide for its retroactivity.

Exceptions:
1. A penal statute will make it an ex post facto law; and
2. Impairment of obligation and contracts.

Ex-Post Facto Law. Is one that would make a previous act criminal although it was not so at the
time it was committed. To be an ex post facto, the law must:
1. Refer to criminal matters;
2. Retroactive in its application; and
3. Prejudicial to the accused.

Non-Impairment of Obligation and Contracts.

General Rule: Only laws existing at the time of the execution of the contract are applicable
thereto and not later statutes, unless the latter are specifically intended to have retroactive effect.

Exceptions: A law enacted in the exercise of police power to regulate or govern certain
activities or transactions.
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Legitimate State Police Power.

It is superior over Non-Impairment of Contract;
Promote the health, morals, peace, education, good order, safety, and general
welfare of the people.

Penal Laws Favorable to the Accused. Article 22 of the Revised Penal Code.

Procedural or Remedial Laws. Statutes relating to remedies or modes of procedure, which do not
create a new or take away vested rights. The general rule is, no vested right may attach nor arise
from procedural laws.

Vested Right. The concept of vested right is a consequence of the constitutional guaranty of due
process that expresses a present fixed interest which in right reason and natural justice is protected
against arbitrary state action; it includes not only legal or equitable title to the enforcement of a
demand but also exceptions from new obligations created after the right has become vested.

The right to enjoyment is present interest, absolute, unconditional, and perfect or fixed and
irrefutable.

Curative Laws. Is enacted to cure defects in a prior law or to validate legal proceedings,
instruments or acts of public authorities. They are intended to supply defects, abridge superfluities
and curb certain evils.

Law creating new Substantive Rights. Laws which will not prejudiced another acquired right of
the same origin.

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity. (4a)

Mandatory. The law commands that something to be done.

Prohibitory. The law commands that something should not be done.
Permissive or Directory. The law commands that what it permitted to be done should be
tolerated or respected.

General Rule: acts executed against the provisions of mandatory or prohibitory laws are void.

Exceptions:
1. When the law itself authorizes its validity;
2. When the law makes the act valid, but punishes the violator;
3. When the law merely makes the act voidable, that is, valid unless annulled; and
4. Where the law declares the act void, but recognizes legal effects as arising from it.

Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy,
morals, or good customs or prejudicial to a third person with a right recognized by law. (4a) [Waiver of
Rights]
Elements of Rights:
1. Subject;
2. Object; and
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3. Efficient cause.

Subject of Rights. Are persons for rights exist only in favor of persons.
2 kinds of a Subject:
1. Active subject. One who is entitled to demand the enforcement of the right.
2. Passive subject. One who is duty-bound to suffer its enforcement.
Object. Things and Services.
Efficient Cause. The fact that gives rise to the legal relation of a known existing legal right,
advantage, benefit, claim or privilege, and every conceivable right.

Requisites of Valid Waiver

1. That the person making the waiver possesses the right;
2. That he has the capacity and power to dispose of the right.
3. That the waiver must be clear and unequivocal manner although it may be made
expressly or impliedly; and
4. That the waiver is not contrary to law, public policy, public order, morals, good
customs or prejudicial to a third person with a right recognized by law.

Examples of waivers which are prohibited:

1. Repudiation of future inheritance

2. Waiver of the protection of pactum commissorium
3. Waiver of future support
4. Waiver of employment benefits in advance
5. Waiver of minimum wage
6. Waiver of the right to revoke a will

SOURCES of RIGHTS and DUTIES. Art. 1157. Obligations arise from:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts.

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not
be excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a) [In general, sources of laws lies in this article. “The river
must not rise above its falls”]

Ways of Repealing Laws:

1. Expressly; and
2. Impliedly.
Express repeal. Is that contained in a special provision of a subsequent law, known as the repealing
clause, and the latter identifies or designates the law to be abolished.
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Implied repeal. Takes place when the provisions of the subsequent law are incompatible with
those of an earlier law and there is no express repeal.
There must be plain, unavoidable, and irreconcilable repugnancy between the old
and the new law; if both laws can by reasonable construction stand together, both will be
sustained.
The rule is expressed in the latin maxim, interpretare et concordare lequibus est
optimus interpretendi, every statute must be so interpreted and brought into accord with other
laws as to form a uniform system of jurisprudence.
All doubts must be resolved against any implied repeal, and all efforts should be
exerted in order to harmonize and give effect to all laws on the subject.

Requisites of Implied Repeal:

1. The laws cover the same subject matter; and
2. The latter is repugnant to the earlier.

Requirement of Repugnancy:
1. A substantial conflict must be found between the new and prior laws;
2. The two laws must be absolutely incompatible; and
3. That the latter law must be inconsistent the former.

Conflict between General and Special Laws. The special statute should prevail since it evinces the
legislative intent more clearly than the general statute.

A special statute, provided for a particular case or class of cases, is not repealed by a subsequent
statute, general in its terms, provisions and application, unless the intent to repeal or alter is
manifest, although the terms of the general law are broad enough to include the cases embraced
in the special law.

General Law Enacted PRIOR to Special Law: If the general law was enacted PRIOR to the special
law, the latter is considered the exception to the general law.

General Law is Enacted AFTER Special Law: If the general law was enacted AFTER the special
law, the special law remains unless:
1. There is an express declaration to the contrary; or
2. There is a clear, necessary and irreconcilable conflict; or
3. Unless the subsequent general law covers the whole subject and is clearly intended to
replace the special law on the matter.

Effect of Repeal of Repealing Law

Express Repeal. When a law which expressly repeals a prior law itself repealed, the law first
repealed shall not be thereby revived unless expressly so provided.

Implied Repeal. When a law which impliedly repeals a prior law is itself repealed, the prior
law thereby be revived, unless the repealing law provides otherwise.

Doctrine of Operative Fact. Recognizes the existence of the law or executive act prior to the
determination of its unconstitutionality as an operative fact that produced consequences that

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cannot always be erased, ignored or disregarded. It nullifies the void law or executive act but
sustains its effect. (Araullo v. Aquino III)
Article 8. Judicial decisions applying or interpreting the laws r the Constitution shall form a part of the
legal system of the Philippines. (n)

Judicial Decision, Not Laws. The Judicial department has no power to enact laws. The decisions of
the Supreme Court form part of the country’s LEGAL SYSTEM.

The Supreme Court in Miranda v. Imperial categorically stated that only decisions of the Supreme
Court establish jurisprudence or doctrines in this jurisdiction.
(Supreme Court is the final arbiter of any justiciable controversy and there is only one Supreme Court
from whose decisions all other courts should take their bearings. Meanwhile, Court of Appeals
decisions are persuasive in effect. If not reversed, it form part the judicial legal system of the
Philippines.)

Doctrine of Stare Decisis et non quieta movere (to adhere to precedents and not to unsettle
established matters)
Adherence to judicial precedents embodied in the decision of the Supreme Court. It is very
desirable and necessary judicial practice that when a court has laid down a principle of law as
applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases in
which the facts are substantially the same.
Stand by the decisions and disturb not what is settled. It simple means that for the sake of
certainty, a conclusion reached in one case should be applied to those that follow if the facts are
substantially the same, even though the parties may be different.
The rule of stare decisis is a bar to any attempt to re-litigate the same issue.

Obiter dictum. Opinions not necessary to the determination of a case. They are not binding, and
cannot have the force of judicial precedence.

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws. (6)

Applying the rule of “nullum crimen, nulla poena sine lege” (there is no crime when there is no law
punishing it), the judge must dismiss the case if somebody is accused of a non-existent crime.

Silence, Obscurity or Insufficiency of Laws. If the law is silent, obscure or insufficient, it was
expressly stated in the Old Civil Code that “when there is no statute exactly applicable to the point in
controversy, the custom of the place shall be applied, and, in default thereof, the general principles of
law.”

The judge may apply the following:

1. Customs which are not contrary to law, public order, and public policy;
2. Decisions of foreign or local courts, or similar cases;
3. Opinions of highly qualified writers and professors;
4. The rule in statutory construction; and
5. The principle laid down in analogous instances.
Article 10. In case of doubt in the interpretation or applications of laws, it is presumed that the
lawmaking body intended right and justice to prevail. (n)

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DURA LEX SED LEX (the law may be hard, but it is still the law). The first duty of the judge is to apply
the law – whether it be wise or not, whether unjust – provided that the law is clear, and there is no doubt.
It is the sworn duty of the judge to apply the law without fear or favor, to follow its mandate, not to
temper it. What the law grants, the court cannot deny.

In People v. Amigo, the accused claims that the penalty of reclusion perpetua is too cruel and harsh a
penalty and pleads for sympathy. The Court replied: “Courts are not the forum to plead for
sympathy. The duty of courts is to apply the law, disregarding their feeling of sympathy or pity of
the accused. DURA LEX SED LEX. The remedy is elsewhere - clemency from the executive or an
amendment of the law by the legislative, but surely, at this point, this Court cannot but apply the
law.”

Equity. According to the Supreme Court it is a “justice outside legality”. It is applied only in the
absence of, and never against, statutory law or judicial rules of procedure.

Article 11. Customs which are contrary to law. Public order or public policy shall not be countenanced.
Article 12. A custom must be proved as a fact, according to the rules of evidence.

Article 13. When the laws speak of years, months, days or nights, it shall be understood that years are
of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights,
from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which
they respectively have.

In computing a period, the first day shall be excluded, and the last day included. (7a)
Section 31, Chapter 8, Book 1 of the 1987 Administrative Code of the Philippines provides as
follows:

Legal Periods. – “Year” shall be understood to be twelve (12) calendar month in which
case it shall be computed according to the number of days the specific month contains;
“day,” to a day of twenty-four hours; and “night”, from sunset to sunrise.

In the case of Commissioner of Internal Revenue v. Primetown Property Group, Inc., the Court
declared that the provisions of Article 13 of the New Civil Code was already impliedly repealed by
Section 31, Chapter 8, Book 1 of the 1987 Administrative Code, with respect to the counting of a
“year.” Therefore, under existing law and jurisprudence, “a year” shall now be understood to be
“twelve calendar months.”

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and to
stipulations. (8a) [The principle of Generality]

Character of Penal Laws

1. Territoriality; The legal basis is Article 2 of the RPC
2. Prospectively; and – The legal basis is Article 21 or 22 of the RPC
3. Generality. – The legal basis is Article 14 of the Civil Code.

Exceptions:
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1. Treaty of Stipulations;
2. Laws of Preferential Application; and
3. Principle of Public International Law.

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad (9a) [Nationality
Principle]

It is the national law of the person involved, whether he is a Filipino or foreigner, that will apply if
the issue in a given case relates to any of the following;
(1) family rights and duties;
(2) status of persons;
(3) condition of persons; or
(4) his her legal capacity.

Status – includes the personal qualities and relations more or less permanent in nature and not
ordinarily terminable at his own will such as his being married or not or his being legitimate or illegitimate.
Whenever or wherever you are, your status will still be governed by Philippine laws.

Article 16. Real property as well as personal property is subject to the law of the country where it is
situated.

However, intestate and testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country wherein
said property may be found. (10a)

Real Property. Immovable property

Personal Property. Movable property

Principle of Lex Rei Sitae. Real and Personal properties are subject to the law of the country which
they are situated.

Universal Principle. That real or immovable property is exclusively subject to the laws of the
country or state where it is located.

Exceptions to Lex Rei Sitae, the following will be govern by the National law of the Deceased.
(Nationality Principle)

1. Order of Succession;
2. Amount of Successional Rights – the amount of property that each of the heir is legally
entitled to inherit from the estate available for distribution
3. Capacity to Succeed/Intrinsic validity of the testamentary provisions.
4. Capacity to succeed

Renvoi Doctrine. Referring back; the problem arises when there is doubt as to whether a reference
to a foreign law is a reference to the international law of said foreign law minus its Conflict of Laws
rules; or a reference to the whole of the foreign law, including its Conflict of Laws rules. Said
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doctrine is usually pertinent where the decedent is a national of one country, and a domicile of
another.

Article 17. The forums and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the
Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall
be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their
object public order, public policy and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations of conventions agreed upon in a foreign country. (11a)

Principle of Lex Loci Celebrationis. The forms and solemnities of contracts, wills and other
public instruments are governed by the laws of the country in which they are executed. (The rule of
exterritoriality)

Acts Executed before Diplomatic and Consular Officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine laws shall be observed in their execution.

Prohibitive Laws. The public policy of the Philippines is against the termination of the marriage of
the spouses by way of a decree of absolute divorce abroad, if both of them are citizens of the
Philippines.

CHAPTER II. HUMAN RELATIONS (the basis of liability)

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

Article 21. Any person who willfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

Article 19. Known to contain the PRINCIPLE OF ABUSE OF RIGHTS, sets certain standards which
must be observed not only in the exercise of one’s rights, but also in the performance of one’s
duties.

The “cardinal law on human conduct”. Lays down the rule of conduct for the government
of human relations and for the maintenance of social order.

STANDARDS. Every person must, in the exercise of his rights and in the performance of his duties:
1. To act with justice;
2. To give everyone his due; and
3. To observe honesty and good faith.

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Principle of Damnum Absque Injuria. The damage resulting from the legitimate exercise of a person’s
rights is a loss without injury. One who merely exercises one’s rights does no actionable injury and cannot
be haled liable for damages.

Injury. Is the illegal invasion of a legal right.

Damage. Is the loss, hurt, or harm which results from the injury.
Damages. Are the recompense or compensation awarded for the damage suffered.

Principle of Abuse of Rights. There is an abuse of right when it is exercised only for the purpose of
prejudicing or injuring another.
Justification for the award of damages - “The exercise of a right ends when the right disappears,
and it disappears when it is abused, especially to the prejudice of others. The mask of a right without the
spirit of justice which gives it life is repugnant to the modem concept of social law.”

Elements of Abuse of Rights.

1. The existence of a legal right or duty;
2. Which is exercised in bad faith; and
3. For the sole intent of prejudicing or injuring another.
GOOD FAITH. Refers to the state of the mind which is manifested by the acts of the individual concerned.
It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of
another.

BAD FAITH. It involves a dishonest purpose or some moral obloquy and conscious doing of a wrong, a
breach of known duty to some motives or interest or ill will that partakes of the nature of fraud.

MALICE. Connotes ill will or spite and speaks not in response to duty. It implies an intention to do ulterior
and unjustifiable harm. It is a bad faith or bad motive.

SOURCES of RIGHTS and DUTIES. Art. 1157. Obligations arise from:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts.

Article 20. Anyone who, whether, willfully or negligently, in the exercise of his legal right or duty, causes
damage to another, shall indemnify his victim for injuries suffered thereby.

Speaks of the general sanction for all other provisions of law which do no especially provide for
their own sanction. Concerns the violations of existing law as basis for an injury.

Articles 20 and 2176, Compared.

Elements of Quasi-delict:
1. An act or omission;
2. The presence of fault or negligence in the performance or non-performance of the act;
3. Injury;
4. A causal connection between the negligent act and the injury; and
5. No pre-existing contractual relation.

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General Rule: Any act or omission coming under the purview of Article 2176 gives rise to cause of
action under quasi-delict.

“Article 2176 is not an all-encompassing enumeration of all actionable wrongs which can give rise to
the liability for damages. Under the Civil Code, acts done in violation of Article 19, 20, and 21 will also
give rise to damages. “(J. Leonen, Alano case)

Article 2176. The act itself must not be a breach of an existing law or a pre-existing law or a pre-
existing contractual obligation. Fault or negligence will be considered attending to the commission
of the act which could result to the injury.

Quasi-delicts. An act whereby a person, without malice, but by fault, negligence or imprudence
not legally excusable, causes injury to another.

Article 21. Deals with acts CONTRA BONUS MORES (against good morals). It requires that the act be
willful, that there was an intention.

Elements:
1. There is an act which is legal;
2. But which is contrary to morals, good customs, public order, or public policy;
and
3. It is done with intent to injure.

*An act which causes injury to another may be made the basis for an award of damages.

Breach of Promise to Marry.

General Rule: A breach to marry per se is not an actionable wrong.

Exceptions:

1. When there is Fraud and Deceit.

Gashem Shooket Baksh v. Court of Appeals, 219 SCRA 115 (1993). Gashem employed fraud
and deceit in obtaining the consent of the woman to the sexual act. Therefore, he is liable for
damages.
The proximate cause of the giving herself unto him in a sexual congress, in reality, no
intention of marrying her and that the promise was only a subtle scheme or deceptive device to
entice or inveigle her to accept him and to obtain her consent to the sexual act, not because of
such promise to marry but because of the fraud and deceit behind it and the willful injury to her
honor and reputation which followed thereafter.

2. If expenses are actually incurred: The plaintiff has the right to recover money or property
advanced by him upon the faith of such promise. (Wassmer v. Velez, 12 SCRA 648, 1964)
*** contrary to good custom

3. When woman was forcibly abducted and Raped: A man promised to marry his victim in order
to escape criminal liability. These are grossly insensate and reprehensible transgressions.
(Bunag, Jr. v. CA, 211 SCRA 440, 1992) ***contrary to good custom
Requisites of Malicious Prosecution.
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1. The fact of the prosecution and the further fact that the defendant himself was the prosecutor,
and that the action was finally terminated with an acquittal;
2. That in bringing the action, the prosecutor acted without probable cause;
3. That the prosecutor was actuated or impelled by legal malice that is improper or sinister
motive.

Article 22. Every person who through an act or performance by another, or any other means, acquires
or comes into possession or something at the expense of the latter without just or legal ground, shall
return the same to him.

Unjust Enrichment. Embodies the latin maxim nemo ex alterius incommode debet lecupletari (no
man ought to be made rich out of another’s injury).
Elements:
1. A person is unjustly benefited; and
2. Such benefit is derived at the expense of or with damages to another.

Art. 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of
quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of
another.

Accion In Rem Verso. An action for recovery of what has been paid or delivered without just cause
or legal ground.

Requisites:
1. Defendant has been enriched;
2. Plaintiff has suffered a loss;
3. Enrichment of the defendant is without just or legal ground; and
4. Plaintiff has no other action based on contract, quasi-contract, crime or quasi-delict.

Solutio indebiti. Is a form of a quasi-contract based on the ancient principle that “no one shall
enrich himself unjustly at the expense of another” which is embodied in Article 2154 of the Civil
Code which reads:

Art. 2154. If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises.

Application:
1. A payment is made when there exist no binding relation between the payor, who has no
duty to pay, and the person who received the payment; and
2. The payment is made through mistake, and not through liberality or some other cause.

Solution indebiti applies only when no binding relation exists between the payor and
the person who received the payment.

The obligation of the debtor to return the undue payment in accion rem verso is based on
law; while in solution indibiti, the obligation of the debtor to return the undue payment is
based on quasi contract.

QUASI CONTRACT. An obligation imposed by law to prevent unjust enrichment.

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Article 23. Even when an act or event causing damage to another’s 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 he
was benefited.
- Is an involuntary act or an act which though foreseen could not have been avoided. An
involuntary act, because of its character cannot generally create an obligation; but when by
such act its author has been enriched, it is only just that he should indemnify for the
damages caused, to the extent of his enrichment.

Article 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.
Court’s Duty of Protecting the Disadvantaged. In relation to Art. 1332 of the Civil Code which
provides: “When one of the parties is unable to read or if the contract is in a language not
understood by him, and mistake or fraud is alleged, the person enforcing the contract must show
that the terms thereof have been fully explained to the former.”

Valenzuela v. CA 168 SCRA 623, 1988 –bank loan (excessive interest per record)
Rongavilla v. CA 294 SCRA 289, 1998 – mortgage (deed of absolute sale)
Lim v. CA 229 SCRA 616, 1994 – estate (Lawyer v his illiterate sister over their estate)

Legislative Intent of Art. 24. To protect those who are found weak and uneducated who may
have been taken advantage of by unscrupulous persons or those who may have used undue
influence in entering into agreements.

Article 25. Thoughtless extravagance in expense for pleasure or display during a period of acute public
want or emergency may be stopped by order of the courts at the instance of any government or private
charitable institution.
Thoughtless Extravagance.
Requisites:
1. There must be an acute public want or emergency;
2. The person seeking to stop it must be a government or private charitable
institutions.

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.

The violations mentioned above are not exclusive but merely examples and do not preclude other
similar or analogous acts. Damages are allowable for actions against a person’s dignity: profane,
insulting, humiliating, scandalous or abusive language.

Philosophy behind Article 26. Human personality must be EXALTED.

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In Concepcion v. CA 324 SCRA 85, 2000 it provides that: Under Article 2217 of the Civil Code,
Moral damages, which include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury,
although incapable of pecuniary computation, may be recovered if they are the proximate result of
the defendant’s wrongful act or omission.

The rights of persons are amply protected, and damages are provided for violations of a
person’s dignity, personality, privacy and peace of mind.

Article 27. Any person suffering material or moral loss because a public servant or employee refuses or
neglects, without just cause, to perform his official duty may file an action for damages and other
relief against the latter, without prejudice to any disciplinary administrative action that may be
taken.

Covers the refusal or neglect to perform official duties (nonfeasance). – LIBALIBITY of PUBLIC
OFFICIALS.

NONFEASANCE. The omission to perform a required duty or the failure to act when a duty to act
existed.

Presupposes that the refusal or omission of a public official is attributable to MALICE and or
INEXCUSABLE NEGLIGENCE.

Article 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through

the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded
method shall give rise to a right of action by the person who thereby suffers damage.

UNFAIR COMPETITION in agricultural, commercial or industrial enterprises or in labor through

the use of FORCE, INTIMIDATION, DECEIT, MACHINATION or any other unjust oppressive or high-
handed method shall give rise to a right of action by the person who thereby suffers damage.

REQUISITES:

1. It must involve an injury to a competitor or trade rival; and

2. It must involve acts which are characterized as contrary to good conscience or shocking to
judicial sensibilities or otherwise unlawful.

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