torts with independent civil actions

7/28/2019 Torts With Independent Civil Actions

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CHAPTER 8TORTS WITH INDEPENDENT CIVIL ACTIONS

INDEPENDENT CIVIL ACTION

One that is brought distinctly and separately from a criminal case allowed for

considerations of public policy because the proof needed for civil case is lessthan that required for criminal cases

Example:

Even if an accused in a criminal case is acquitted of the crime of malversation because of the failure of the prosecutor to prove criminal intentto establish the guilt beyond reasonable doubt, the offended party may stillfile a civil action to recover the funds disbursed by him without priorauthority

Independent Civil Action includes:

Violation of civil rights Neglect of public officers

Violation of political rights FraudDefamation Physical injuries

Concept:

“The underlying principle under consideration is to allow the citizen toenforce his rights in a private action brought by him regardless of the actionof the State Attorney. x x x while the State is the complainant in the criminalcase, the injured individual is the most concerned because it is he who hassuffered directly. He should be permitted to demand reparation for thewrong which particularly affects him.” - (Report, p. 46, Civil CodeCommission)

2 views:

Former Senator Tolentino: that civil actions are ex-delicto (civil liabilityarising from delict).

According to Justice Caguioa : that civil liability arises not from crime butthe tortious actions more of the nature of culpa aquiliana.

ARTICLE 32

provides for an independent civil action for violation of civil andpolitical rights.

Rationale:

• because the Fiscal is burdened with too many cases or because he

believed the evidence was insufficient, or as to few fiscals on accountof a disinclination to prosecute a fellow public official, especially whenhe is of high rank, no criminal action was filed by the prosecutingattorney.

• the requirement of proof beyond reasonable doubt often prevented theappropriate punishment

• direct and open violation of the Penal Code trampling upon thefreedom named are not so frequent as those subtle, clever andindirect ways which do not come within the pale of penal laws.



normally involves intentional acts but can also be committed throughnegligence, thus good faith on the part of the defendant does notnecessarily excuse such violation;

liability for violation of any of these rights are directed against publicofficers or employees and private individuals;

a person may also be liable whether his participation is direct orindirect;

MH Garments vs. CA

Petitioners were indirectly involved in transgressing the right of privaterespondents. It was appellant corporation’s instance that the PhilippineConstabulary soldiers conducted the raid and effected the illegal seizure.

Obra vs. CA

There was no other forseeable consequence, when the general indorsedthe letter, but the eventual seizure of the truck.

Lim vs. Ponce de Leon

Madela was led to believe that there was legal basis and authority toimpound the motor launch. Face with a possible disciplinary action fromhis commander, Maddela was left with no alternative but to seize thevessel.

Aberca vs Ver

Suspension of the writ of habeas corpus does not destroy every person’sright and cause of action for damages for illegal arrest and detention andother violations of his consitutional right.

The doctrine of state immunity applies only if the acts involved are doneby officers in the performance of official duties within the ambit of theirpowers.

The doctrine of state immunity applies only if the acts involved are actdone by officers in the performance of official duties within the ambit of their powers.

Examples of violations:

1. Due Process

- an injured person can file an action for damages if he was deprived of hisproperty without due process of law

2. Search and Seizure

- the right of the citizen against unreasonable searches and seizure.

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“ A good name is more desirable than great riches; to be esteemed is better than silver or gold.” PROVERBS 22:1

Article 33 – Defamation, Fraud and Physical Injuries

Defamation - Invasion of the interests in reputation and good name,by communication to others which tends to diminish the esteem in



which the plaintiff’s held, to excite adverse feelings or opinions againsthim.

• Publication of statement which tends to lower a person in theestimation of right-thinking members of society generally or whichtends to make them shun or avoid that person

•

Liability is brought about by the desire to protect the reputation of every individual

KINDS OF DEFAMATION

1. SLANDER or ORAL DEFAMATION

2. LIBEL OR WRITTEN DEFAMATION (Art 353 of the RPC)

- a public and malicious imputation of a crime, or of vice or defect, real orimaginary, or any act omission, condition, status or circumstance tending tocause the dishonor, discredit or contempt of a natural or juridical person orto blacken the memory of one who is dead

PERSONS LIABLE under Art 360 of the RPC

-Any person who shall publish, exhibit, or cause the publication orexhibition;

- Author or editor of the book or pamphlet

- Editor or business manager of a daily newspaper, magazine or serialpublication

Article 354, RPC

Every defamatory imputation is presumed to be malicious even if it be true

Borjal v Court of Appeals 301 SCRA 1 January 14, 1999

Facts: A civil action for damages based on libel was filed before thecourt against Borjal and Soliven for writing and publishing articles that areallegedly derogatory and offensive against Francisco Wenceslao, attackingamong others the solicitation letters he send to support a conference to belaunch concerning resolving matters on transportation crisis that is taintedwith anomalous activities. Wenceslao however was never named in any of the articles nor was the conference he was organizing. The lower courtordered petitioners to indemnify the private respondent for damages whichwas affirmed by the Court of Appeals. A petition for review was filed beforethe SC contending that private respondent was not sufficiently identified tobe the subject of the published articles. Issue: Whether or not there aresufficient grounds to constitute guilt of petitioners for libel. Ruling: In orderto maintain a libel suit, it is essential that the victim be identifiable althoughit is not necessary that he be named. It is also not sufficient that theoffended party recognized himself as the person attacked or defamed, but itmust be shown that at least a third person could identify him as the object of the libelous publication. These requisites have not been complied with in the

case at bar. The element of identifiability was not met since it wasWenceslaso who revealed he was the organizer of said conference and hadhe not done so the public would not have known. The concept of privilegedcommunications is implicit in the freedom of the press and that privilegedcommunications must be protective of public opinion. Fair commentaries onmatters of public interest are privileged and constitute a valid defense in anaction for libel or slander. The doctrine of fair comment means that whilein general every discreditable imputation publicly made is deemed false,because every man is presumed innocent until his guilt is judicially proved,and every false imputation is deemed malicious, nevertheless, when thediscreditable imputation is directed against a public person in his publiccapacity, it is not necessarily actionable. In order that such discreditable

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imputation to a public official may be actionable, it must either be a falseallegation of fact or a comment based on a false supposition. If the commentis an expression of opinion, based on established facts, then it is immaterialthat the opinion happens to be mistaken, as long as it might reasonably beinferred from the facts. The questioned article dealt with matters of publicinterest as the declared objective of the conference, the composition of itsmembers and participants, and the manner by which it was intended to befunded no doubt lend to its activities as being genuinely imbued with public

interest. Respondent is also deemed to be a public figure and even otherwiseis involved in a public issue. The court held that freedom of expression isconstitutionally guaranteed and protected with the reminder among mediamembers to practice highest ethical standards in the exercise thereof.

Forms:

a). The facilities of the mass media i.e print and broadcast media such asarticles, news items, columns, caricatures, editorials in newspapers andmagazines; comments, opinions, news aired over the television or radiostations

b). Modern communication facilities such as through the internet orcellphones, CDs, DVDs

c). Literary outlets such as through letters, books, poems, songs, stage plays,movies, paintings, drawings, pictures, sculpture and the like

Elements:

A. First Element: There must be a defamatory imputation

1. This means that the matter claimed to be libelous must impute a crime,vice, defect, or any act, or omission, condition, status or circumstance,tending to cause the dishonor, discredit or contempt to a natural or juridicalperson, or to blacken the memory of one who is dead.

The purpose is to lower the esteem or honor, or respect, in which a person isregarded, such as:

a). The victim is humiliated or publicly embarrassed;b). The victim is vilified, hated, becomes the subject of gossip, nasty stories,suspected of wrongdoings, is avoided;

c). The victim losses face, becomes a laughing stock, is the object of ridicule.

2. Rules to determine whether the language is defamatory or not:

a). What should be considered is what the matter conveyed to a fair andreasonable man and not the intention of the author or the accused.

b). Statements should not be interpreted by taking the words one by one outof context; they must be taken in their entirety.

c). Words are to be given the ordinary meaning as are commonly understoodand accepted in the in daily life. The technical meanings do not apply. This is

especially true to idiomatic sayings. Thus “Babae ng Bayan “ does not meana heroine. “Hayok sa Laman” does not mean a meat eater. “Adu client nyanga pagbigasan”

3. How the imputation is made:

a). By the use of direct and express defamatory words, descriptions oraccusations. Examples: (i). He is a thief, swindler, “babaero”, ugly, wifebeater, a crook (ii) drawing a caricature of a person depicting him as acrocodile

b). By the use of Figures of Speech such as:



(i) Hyperbole - exaggeration according to which a person is depicted as beingbetter or worse, or larger or smaller than is actually the case. Example: (a).Mr. X is the gambling lord (b) She is the mother of all cheaters. (c) Praiseundeserved is slander in disguise.

(ii) Irony or sarcasm or where words are used to convey a meaning contraryto their literal sense. Examples: (a). “Maria belongs to the ladies called“Kalapating mababa ang lipad” (b). Don’t bother asking him for a treat. He is

boxer ( i.e stingy or a miser) (c) He has a face only a mother can love (d) Sheis my wife when she is beside me, yours when she is near you. (e). She isvery famous because she is a public sweetheart.

4. What are not defamatory

a) Expressions of an opinion made by one who is entitled to state an opinionon a subject in which he is interested. Examples:

(i) An heir writes that their was unfairness in the distribution of the properties

(ii) A lady complains over the radio that there was discrimination againstCordillera girls women in the selection of candidates to the Miss BaguioPageant

(iii). A law student writes in the school news organ that he believes thefaculty in the college of law are generally lazy and are not kept abreast with

new jurisprudence(iv). A teacher declared in an interview that the students of one school areless intelligent than those in another school

B. Second Element: Publicity of the Libelous Matter

1. This means the accused caused the libelous material to be known or reador seen or heard by a third person, other than the person to whom it hasbeen written i.e. the victim. Somebody must have read, seen or heard thelibelous material due to the acts of the accused.

(A). The addressing of defamatory words directly to the person concerned,and to no other person, does not constitute an actionable libel.

(B). If it was the victim himself and not the accused, who showed, informed

or relayed the libelous material to others, then the accused is not liable.(C). Circulation or publicity is not necessarily through the newspaper.

(D). Examples:

i). Posting the material in the internet or posting in a bulletin board

ii). Showing the caricature, or naked picture, of the victim to another

iii) Announcements in the radio, or paid advertisements such as “The publicis warned not to purchase the skin lotion products of ABC Corp. to preventpossible cancer”

2. Effect: Each separate publication of a libelous matter is a separate crime,whether published in part, or in the same newspaper. Example: (i) There asmany crimes of libel as there are various showing or staging of a libelous

drama or stage play in different venues and at various times.(ii) If the same libelous news is published in two or more newspapers, thenthere be such number of separate libels corresponding to the differentnewspapers which published the material.

C. Third Element: The Person libeled must be identified. (Identity of victim)

1. This means the complainant or plaintiff must prove he is the personsubject of the libelous matter, that it his reputation which was targeted.



2. This element is established by the testimony of witnesses if thecomplainant was not directly mentioned by name. They must be the publicor third persons who can identify the complainant as the person subject of the libel. If third persons can not say it is the plaintiff or complainant who isthe subject, then it cannot be said that plaintiff’s name has been tarnished.

a). Where the publication is ambiguous as to the person to whom it applies,

the testimony of persons who read the publication is admissible for thepurpose of showing who is intended to be designated by the words in saidpublication

3. How the identification or referral to the plaintiff is made

a). Directly by his name;

b). By descriptions of his person, his address, nature of his office or work, hisactions, or any other data personally connected or related to the plaintiff; oridentification from similar other the circumstances;

c) From the likeness of his face or features to the libelous drawing,caricature, painting or sculpture.

4. The victims maybe natural persons who are alive or juridical persons, ordeceased persons as to their memory.

5. Rule if several persons were defamed or libeled

a). If several persons were libeled in one article, but all are identifiable, thenthere are as many charges of liable as there are persons libeled

b). If the article is directed to a class or group of several persons in generalterms only without specifying any particular member, there is no victimidentified or identifiable, hence there is no actionable libel. No person canclaim to have been specifically libeled as to give that person the right to filecharges of libel.Examples:

(i). Some lady students in the 4th year law class section A, are ugly;(ii). Two thirds of the law students are cheaters;(iii). Majority of the policemen are crooks

c). If the defamation is directed against a group or class and the statement isso sweeping or all-embracing as to apply to every member of that group orclass, then any member can file an action for libel in his own name, not inthe name of the group/class. (Note: Philippine laws do not recognize grouplibel). Or if the statement is sufficiently specific so that each individual canprove that the statement specifically point to him then he may bring anaction in his own name.

Examples:

(i). All those belonging to 4th year law class section A are sex perverts;(ii) Each and every employee in the accounting office is secretly taking homepart of the tuition fees paid;(iii) If you are a faculty member of the college of law of U.B. then you haveno integrity but you are a yes-man of the school President

D. Fourth Element: That there be malice on the part of the accused.

1. Malice is the legal term to denote that the accused is motivated bypersonal ill-will, spite, hatred, jealousy, anger, and speaks not in response toduty but to do ulterior and unjustifiable harm. The purpose is really todestroy, to injure, to inflict harm.

2. There are two kinds of malice

a). Malice in Law or Presumed Malice.

(i) The plaintiff need not prove the existence of malice. It is for the accusedto disprove this presumption.



(ii) This presumption, that accused was actuated with an evil purpose ormalice, arises if the article is defamatory on its face, or due to the grossnessof the defamatory imputation even if the facts are true, but there was nogood intention or justifiable motive.

Examples:

(a). X writes an article about the sexual escapades of a society matron

complete with the details of time, place, and supported by pictures. In suchcase the law presumes that X was actuated by malice even if what he wroteis true.(b). X calls the radio and announces that the family of Juan de la Cruz is afamily of thieves and crooks.

II. The Doctrine of Privilege Communication

A. This is a defense against the element of malice and it applies toboth libel and oral defamation. This means that even if the materialis considered libelous still there is no malice in the eyes of the law.These consist of two kinds: (a) Absolutely Privilege Communicationand the (b) Qualifiedly Privileged Communication.

B. Absolutely Privileged Communication: this refers to acommunication, whether oral or written which is defamatory andmay even be made in bad faith but which cannot give rise to eithercriminal or civil liability. This is because there are higherconsiderations involved which are considered more paramount thanthe damage to the reputation of a person.

1. Privilege Speeches in the halls of Congress

2. Communications made by public officers in the performance of theirduties, such as the explanations on a matter made by a public officer to hissuperior though it contains harsh language

3. Statements made in judicial proceedings if pertinent and relevant to the

case involved, such as the allegations in the pleadings

4. Statements and evidence submitted in a Preliminary Investigation.

C. Qualifiedly/Conditionally Privileged Communication: this refers tocommunications in which the law presumes the absence of malice,thus they are initially not actionable. The burden therefore is on theplaintiff to prove the existence of actual malice.

D. Two Kinds of Qualifiedly Privileged Communications UnderArticle 354.

1. Private Communications, made by one to another in the performance of alegal, moral or social duty provided that: (i). The one making the

communication must have an interest in the subject and (ii) the person towhom the communication was made is one who can act on the matter

(a). This communication maybe oral or written, private, public or officialdocument which are sent for redress of grievances or to request forappropriate action. But it must be private in that it is intended to be onlybetween the sender and the recipient. Undue publicity removes the privilege.

Hence a so called “Open Letter” is not privileged. Also, accusations made ina public gathering are not privileged.



(b). The communication must meet these elements:

(i). The person who made the communication had a legal, moral or socialduty to make the communication, or at least, had an interest to protect,which interest may either be his own or of the one to whom it is made

(ii). The communication is addressed to an officer or a board, or superior,having some interest or duty in the matter, and who has the power to furnish

the protection sought ( or that the recipient is a proper person who can acton the communication) and

Legal duty: presupposes a provision of law imposing upon the accused theduty to communicate. Such as the complaint by a citizen concerning themisconduct of a public official to the latter‘s superior even if, uponinvestigation, the matters are not substantiated. But it may be shown thatthe charges were maliciously made without reasonable ground for believingthem to be true.

Moral or social duty presupposes the existence of a relationship between thesender and the recipient of the communication, or the confidential andpressing urgency of the communication.

The sender must have an interest in the subject of the communication andthe recipient must be a proper person who can act on the subject to thecommunication.

Thus a letter-complaint describing an SLU law professor as lazy incompetent,and an absentee, is privileged if sent to the SLU President. It is not privilegedif sent to the President of U.B.

If a teacher writes to his fellow teacher that a student of his is becomingirresponsible and possibly a drug user, the same letter is not privileged. Butif sent to the parents of the student for their information and action, it isconditionally privileged.

In Alcantara vs. Ponce ( Feb. 28, 2007) the court adopted the ruling in theU.S case of Borg vs. Borg in that a ”written charge or information filed withthe prosecutor or the court is not libelous although proved or be false andunfounded. Furthermore, the information given to a prosecutor by a privateperson for the purpose of initiating a prosecution is protected by the samecloak of immunity and cannot be used as a basis for an action fordefamation. “

In this Alcantara case, a newsletter submitted by party in a preliminaryinvestigation, which was defamatory, was considered as a privilegecommunication.

It was also ruled that under the Test of Relevancy, a matter alleged in thecourse of the proceedings need not be in every case material to the issues orbe so pertinent to the controversy that it may become the subject of inquiryin the course of trial, so long as they are relevant.

2.-A: A fair and true report of any official proceeding, or of any statement,report, or speech, made thereat

(a). The proceeding must not be confidential, such as the hearings before theSenate, as opposed to the close door executive sessions of the senate . Thusif the report is with respect to a public record, it refers only to those madeaccessible to the public which may be revealed for public interest or

protection of the public.(b) The report must be without any unnecessary comment or libelousremarks ( i.e. no editorializing)

(c).The report must be accurate and should not intentionally distort the facts.If there is error in the facts reported, the report is still privilege if made ingood faith

(d) Examples: News report of a judicial proceeding, including the filing of acomplaint in court; or what a witness testified; or of a verbal and heatedargument between two councilors during the session of the city council.



(e). This defense apply most often to members of the media who write onsaid matters or report them as news

2-B. Fair and True Report of the Official Acts of a Public Official

(a). The public and official acts of a public official, including his policies, arelegitimate subjects of comments and criticisms, though they may be unfair.Public officials are not supposed to be onion-skinned. “Public officials, like

Ceasar’s wife, must be beyond reproach and above suspicion”.(b). But the communication may be actionable:

(i) If it contains an imputation which is a false allegation of a fact or acomment based on a false supposition

(ii). If the attack, criticism or imputation pertains to his private acts or privatelife, unless these reflect on his public character and image as a publicofficial.

(iii) As stated in the U.S. case of New York Times vs. Sullivan, a public officialmay recover damages if he proves that : “the statement was made withactual damage, that is, with knowledge that it was false or with recklessdisregard of whether it was false or not”

Matters Considered Privileged By Jurisprudence

1. Fair Comments on Matters of Public Interest

(a) In Borjal vs. Ct. of Appeals, (301 SCRA 1, Jan. 14, 1999) it was held thatthe enumeration in Article 354 is not an exclusive list of qualifiedly privilegedcommunications because “fair comments on matters of public interest areprivileged and constitute a valid defense in an action for libel or slander”

(b). They refer to events, developments, or matters in which the public as awhole has a legitimate interest.

Examples

(i). A news report on the welfare of youth and students in a school allegedlystaffed by incompetents, or a dumping ground of misfit teachers, concerns amatter of public interest.(ii). An editorial criticizing the owner of a ship which sunk, for his delay inextending financial help to the family of the victims, is not libelous as the inaction is a matter of public interest.

(iii). The arrest and prosecution of law violator is a matter in which the publichas a right to know. Thus there is no liability for reporting that a lady wasarrested for selling shabu or that a person was charged in court or convictedby a court for Estafa. The persons in question cannot file a case for libel.

(iv). A radio announcer lambasts a family for their adamant refusal to vacateand remove their structure inside a park.

2. Comments and Criticisms on the Actuations of Public Figures

(a) Public figures refer to people who place themselves in the public limelightor attention either: by nature of their business or activity, or mode of living,or by adopting a mode of profession or calling which gives the public alegitimate interest in his doings, his affairs and in his character or whichaffect public interest (these are the celebrities), or because they participatein public affairs or regularly and publicly expound their views on publicaffairs.

Examples of the first: movie stars; national athletes; those representing thePhilippines in world beauty pageants, Manny Pacquiao; hosts of TVshows/programs such as the Tulfo brothers, musicians, novelists. The spouseof the President is a public figure.



Examples of the second: candidates for an elective position; columnists of national newspapers, TV/radio commentators, Cardinal Sin during his time, Jose Maria Sison.

( b) As with public officials, the imputation maybe actionable if it is (i) a falseallegation of fact or (ii) it is based on a false supposition.

3. Justified Libel or the Privilege of a Reply.

This is fighting libel with libel. This refer to communications made inresponse to a libel in order to counter and/or remove the libel, provided it islimited to and related to the defamatory imputation and not unnecessarilylibelous.

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Fraud

Elements of Deceit ( in English Law)

1. The defendant must have made false representation to theplaintiff

- can be made by spoken or written words;

- can also be made by conduct;

- half-truths are actionable if it is such a partial and fragmentarystatement of fact as that the withholding of that which is not statedmakes that which is stated absolutely false.

1. The representation must be one of fact ;

2. The defendant must know that the representation is false or bereckless about whether it is false ;

3. The defendant must have acted on the false representation;

4. The plaintiff must have suffered damages as a result of acting on therepresentation .

includes the crime of Estafa under the RPC.

includes misrepresentation made by sellers and manufacturers.

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Physical Injuries include the crime of battery

Battery vs Assault

Battery - is an intentional infliction of harmful or offensive bodily contact. It isoffensive if it offends a person’s sense of dignity , even only intended as a joke or a compliment



Assault - an intentional conduct by one person directed at another whichplaces the latter in apprehension of immediate bodily harm or offensive act

includes bodily injuries causing death

ARTICLE 34: NEGLECT OF DUTY

Article 34 of the NCC

“ When a member of a city or municipal police force refuses orfails to render aid or protection to any person in case of danger tolife or property, such peace officer shall be primarily liable fordamages, and the city or municipality shall be subsidiarilyresponsible therefor. The civil action herein recognized shall beindependent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. “

intended to afford a remedy against police officers who connive withbad elements, or are simply indifferent to duty.

the subsidiary liability of cities and municipalities, is imposed so thatthey will exercise great care in selecting conscientious and dulyqualified policeman and exercise supervision over them in theperformance of their duties as peace officers.

torts with independent civil actions

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