7/29/2019 Specific provisions,

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Art. 32. Any public officer or employee, or any private individual,

who directly or indirectly obstructs, defeats, violates or in any

manner impedes or impairs any of the following rights and

liberties of another person shall be liable to the latter for

damages:

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical

publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;(6) The right against deprivation of property without due process

of law;

(7) The right to a just compensation when private property is

taken for public use;

(8) The right to the equal protection of the laws;

(9) The right to be secure in one's person, house, papers, and

effects against unreasonable searches and seizures;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies

for purposes not contrary to law;

(13) The right to take part in a peaceable assembly to petition the

government for redress of grievances;

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel,

to be informed of the nature and cause of the accusation against

him, to have a speedy and public trial, to meet the witnesses face

to face, and to have compulsory process to secure the attendance

of witness in his behalf;

(17) Freedom from being compelled to be a witness against one's

self, or from being forced to confess guilt, or from being induced

by a promise of immunity or reward to make such confession,

except when the person confessing becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusualpunishment, unless the same is imposed or inflicted in accordance

with a statute which has not been judicially declared

unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the

defendant's act or omission constitutes a criminal offense, the

aggrieved party has a right to commence an entirely separate and

distinct civil action for damages, and for other relief. Such civil

action shall proceed independently of any criminal prosecution (if

the latter be instituted), and mat be proved by a preponderance

of evidence.

The indemnity shall include moral damages. Exemplary damages

may also be adjudicated.

The responsibility herein set forth is not demandable from a judge

unless his act or omission constitutes a violation of the Penal Code

or other penal statute.

Art. 33. In cases of defamation, fraud, and physical injuries a civil

action for damages, entirely separate and distinct from the

criminal action, may be brought by the injured party. Such civil

action shall proceed independently of the criminal prosecution,

and shall require only a preponderance of evidence.

Title

Art. 353. Definition of libel. A libel is public and malicious

imputation of a crime, or of a vice or defect, real or imaginary, or

any act, omission, condition, status, or circumstance tending tocause the dishonor, discredit, or contempt of a natural or juridical

person, or to blacken the memory of one who is dead.

Art. 354. Requirement for publicity. Every defamatory

imputation is presumed to be malicious, even if it be true, if no

good intention and justifiable motive for making it is shown,

except in the following cases:

1. A private communication made by any person to another in the

performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any

comments or remarks, of any judicial, legislative or other official

proceedings which are not of confidential nature, or of any

statement, report or speech delivered in said proceedings, or of

any other act performed by public officers in the exercise of their

functions.

Art. 355. Libel means by writings or similar means. A libel

committed by means of writing, printing, lithography, engraving,

radio, phonograph, painting, theatrical exhibition,

cinematographic exhibition, or any similar means, shall be

punished by prision correccional in its minimum and medium

periods or a fine ranging from 200 to 6,000 pesos, or both, in

addition to the civil action which may be brought by the offended

party.

Art. 356. Threatening to publish and offer to present suchpublication for a compensation.The penalty of arresto mayor

or a fine from 200 to 2,000 pesos, or both, shall be imposed upon

any person who threatens another to publish a libel concerning

him or the parents, spouse, child, or other members of the family

of the latter or upon anyone who shall offer to prevent the

publication of such libel for a compensation or money

consideration.

Art. 357. Prohibited publication of acts referred to in the course

of official proceedings.The penalty of arresto mayor or a fine

of from 20 to 2,000 pesos, or both, shall be imposed upon any

reporter, editor or manager or a newspaper, daily or magazine,

who shall publish facts connected with the private life of another

and offensive to the honor, virtue and reputation of said person,

even though said publication be made in connection with or under

the pretext that it is necessary in the narration of any judicial or

administrative proceedings wherein such facts have been

mentioned.

Art. 358. Slander.Oral defamation shall be punished by arresto

mayor in its maximum period to prision correccional in its

minimum period if it is of a serious and insulting nature; otherwise

the penalty shall be arresto menor or a fine not exceeding 200

pesos.

Art. 359. Slander by deed. The penalty of arresto mayor in its

maximum period to prision correccional in its minimum period or

a fine ranging from 200 to 1,000 pesos shall be imposed upon anyperson who shall perform any act not included and punished in

this title, which shall cast dishonor, discredit or contempt upon

another person. If said act is not of a serious nature, the penalty

shall be arresto menor or a fine not exceeding 200 pesos.

Art. 34. When a member of a city or municipal police force refuses

or fails to render aid or protection to any person in case of danger

to life or property, such peace officer shall be primarily liable for

damages, and the city or municipality shall be subsidiarily

responsible therefor. The civil action herein recognized shall be

independent of any criminal proceedings, and a preponderance of

evidence shall suffice to support such action.

Art. 35. When a person, claiming to be injured by a criminal

offense, charges another with the same, for which no

independent civil action is granted in this Code or any special law,

but the justice of the peace finds no reasonable grounds to

believe that a crime has been committed, or the prosecuting

attorney refuses or fails to institute criminal proceedings, the

complaint may bring a civil action for damages against the alleged

offender. Such civil action may be supported by a preponderance

of evidence. Upon the defendant's motion, the court may require

the plaintiff to file a bond to indemnify the defendant in case the

complaint should be found to be malicious.

If during the pendency of the civil action, an information should

be presented by the prosecuting attorney, the civil action shall be

suspended until the termination of the criminal proceedings.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.

Art. 21. Any person who wilfully 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.