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HUMAN RELATIONS

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 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.

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

Elements of Abuse of Rights (Art. 19)

1. There is a legal right or duty2. Which is exercised in bad faith3. 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

- 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

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Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

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 Impaired, No Basis for Damages

- 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

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.

- 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

Requisites for Recovery of Damages

1. Act should have been willfully done2. Contrary to morals, good customs or public

policy3. 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:

1. There is criminal or moral seductiona. 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 suffereda. Actual damages suffered by reason of

breach of promise to marry are recoverable

Illus. A teacher who resigned her position because of the man’s 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

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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

- 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 benefited2. 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

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 enriched2. Plaintiff has suffered a loss3. Enrichment of the defendant is without just or

legal ground4. 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

- Government cannot enrich itself at the expense of another

Art. 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

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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.

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

- “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

Court Vigilance

- 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

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