Persons July 2, 2012

Article 27 to eliminate corruption in government serviceNonfeasance the omission of an act which a person ought to do. Non-performance of some acts which a person is obliged or has responsibility to perform; omission to perform a required dutyMisfeasance the improper doing of an act which a person might lawfully do.Malfeasance the doing of an act which a person ought not to do at all.Requisites for filing of action:1. A public servant or employee refuses or neglects to perform his official duty;2. There is no valid reason for the refusal or neglect to perform official duty;3. That injury or damage is suffered by the plaintiff.

The duty which he refused or failed to perform, must be ministerial in character, that is, the law absolutely requires him to perform it. Good faith is not a defense ministerial in nature

Article 28Unfair competition consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established goodwill, or committing any acts calculated to produce such result. (damages=loss profits)

Article 29 Dependent civil actionCriminally liable = civilly liable as well (Restitution return the car, Reparation cannot return the car; pay the value of the car, Indemnify consequential damages)Criminal case given priorityCriminal case acquitted not proven beyond reasonable doubt may still file civil caseBasis of the court found in the decisionJudges decision - he could not have committed the crime no civil action anymoreDependent civil action civil action cannot be filed together with the criminal case.Extinction of the penal action does not carry with it extinction of the civil action.However, the civil action based on delict shall be deemed extinguished if there is a finding in a judgment in the criminalAcquittal could be based on:1. The guilt of the accused had not been proved beyond reasonable doubt- civil action is still available2. The accused is not the author of the crime- no more civil action3. The crime complained of did not exist (framed up)- no more civil action

Proof beyond reasonable doubt moral certainty only is required or that degree of proof which produces conviction Not absolute certainty*There is the duty of the judge to be specific and accurate.Preponderance of evidence superior weight of evidence court may also consider the number of witnesses, though the preponderance is not necessarily with the greatest number.*To require a separate civil action simply because the accused was acquitted would mean needless clogging of courts dockets and unnecessary duplication of litigation with all its attendant loss of time, effort and money on the part of all concerned.*The offended party may, of course, choose to file a separate civil action.

Article 30*It speaks of civil actions which are impliedly instituted in the criminal action unless the offended party expressly reserves the right to institute it separately.*However, the action will be suspended if in the meantime, the criminal case is filed.*If the criminal action had already been instituted, no civil action arising from the offense could be prosecuted until final judgment has been rendered in the criminal action.General rule: Civil action is impliedly institutedExceptions:a. Offended party waives civil actionb. Offended party reserves the right to institute it separatelyc. Offended party institutes civil action prior to criminal action

Article 31 Independent civil action (Art. 31-34)Criminal offence can be prosecuted simultaneously with the civil action*No double recovery of damagesSame Negligent act may produce 2 kinds of civil liabilities:1. from crime2. from quasi-delict

Article 32

Article 33Defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic exhibitionPhysical injuries applicable only to intentionally committed does not apply to injuries which arose from criminal negligence

Article 34

Article 35Criminal action given priority

Article 36Prejudicial question 2 cases criminal and civil case issues are interrelated with each other the decision in the civil case is determinative of the guilt or innocence in the criminal case exception to the rule that criminal is given priority civil case should be decided first and criminal case should be suspended first.