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CHAPTER V HUMAN RELATIONS (Article 19-36) How should we exercise our rights? 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. Legal wrong an act committed when a right is exercised in a manner which does not conform with the norms and as a result of which, damage is caused to another. 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. Is breach of promise to marry an actionable wrong? Mere breach of promise to marry = NO. to be actionable there must be some act independent of the breach (e.g. carnal knowledge) May a wife who deserted her husband and who subsequently married another abroad be sued under Article 21? Yes. The liability of the wife in such case is based on her refusal to perform her wifely duties to her husband.

Solutio Indebiti Article 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. 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. Article 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. No one shall enrich himself unjustly at the expense of another.

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. Principles: Social Justice the humanization of laws and equalization of social and economic forces by the state so that justice in its rational and objectively secular conception may at least be approximated. Parens patriae the inherent power and authority of the state to provide protection to the persons and property of the persons non-sui juris (no legal capacity to act on his own behalf) Salus populi est suprema lex. Constitutional Basis: Article II, Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

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Article II, Section 10. The State shall promote social justice in all phases of national development. Article II, Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Article 25. Thoughtless extravagance in expenses 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. Reason: Such thoughtless extravagance in a time of calamity or disaster will add pain to those directly affected by such calamity. Can the court motu proprio stop thoughtless extravagance? No. Must be at the instance of any govt or private charitable institution. A persons dignity, personality, privacy, and peace of mind must be respected. 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. Remedy to the person whose dignity, personality, privacy, and peace of mind is violated: A cause of action for: Damages, Prevention, or Other Relief.

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. Can the Ombudsman be compelled my mandamus to file a case against a town mayor for alleged rape? No. There must be probable cause and it is not a ministerial but discretionary duty of the Ombudsman to determine whether or not there is probable cause to warrant the filing of a case. (remember in civpro, mandamus lies only on ministerial duties) Can a policeman be sued under Article 27 for failure to arrest an accused in a criminal case? Yes, if there is a warrant of arrest. Can a mayor compel his absentee councilors, through mandamus, to attend their sessions in order to discuss and approve an ordinance? Yes. Is the duty to register a deed of sale (or any document needed to be registered in the Register of Deeds) ministerial or discretionary? Ministerial.

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. Acts considered as unfair competition: o Cutthroat competition o Selling commodities at prices higher than those fixed under the Price Control Law o Premature strike

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o o

Illegal strike False statements as to discredit the goods/business of another

Article 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Accused was acquitted: o He did not commit the crime, or o No crime was committed (justifying circumstances) Thus, res judicata (a thing adjudged, a bar to subsequent action). NO CIVIL ACTION. Accused was acquitted on the ground of reasonable doubt or exempting circumstance = A SEPARATE CIVIL ACTION FOR DAMAGES MAY BE FILED. Offended party may file civil action ahead of the criminal action. Only preponderance of evidence is needed. [ just a more convincing amount than the other party has ] But, once a criminal action is subsequently commenced, the civil action shall be suspended until final judgment on the criminal action has been rendered. Why? Determination of his guilt is necessary to determine the existence of civil liability. If the civil and criminal actions are consolidated = the evidence presented in the civil action shall be deemed automatically reproduced in the criminal action.

Article 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Article 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. Difference between Article 30 and 31. Article 30 refers to separate civil action arising from criminal liability. Article 31 refers to civil action based on obligation arising from law, contracts, quasi-contracts and quasi-delicts. Instances where independent civil action is allowed: o in case of violation of the rights and liberties (Article 32) o in case of defamation, fraud, and physical injuries (Article 33) o in case of refusal/failure of a police force to render aid &/ protection (Article 34) o in case of quasi-delict (Article 2177)

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Article 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 a 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 unusual punishment, 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 may 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. Article 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. Article 33, states that said civil action for damages may proceed independently of the criminal prosecution, should such action be reserved? Yes. Reservation must be made before the prosecution starts to present its evidence. [RRC Rule 111, Section 1]

Article 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,

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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. Who is liable for damages under Article 34? Primarily liable = police officer; Subsidiarily liable = city/municipality concerned Reason for subsidiary liability of the city/municipality in case of the police officers insolvency: in order that the LGU concerned will be careful in the selection of its members of the police force.

Article 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. When can complainant file a civil action under Article 35? When he claims to be injured in a criminal offense and charges the offender with the same for which no independent civil action is granted by law, but the court finds no reasonable ground to believe that a crime has been committed or the prosecutor refused or failed to institute criminal action. Preponderance of evidence necessary. Defendants protection against malicious prosecution he may require plaintiff to file a bond as indemnity in case the complaint is found to be malicious.

Article 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. A prejudicial question arises when (1) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (2) the resolution of such issue determines whether or not the criminal action may proceed.

CHAPTER VIII INTERFERENCE WITH CONTRACTUAL RELATIONS Article 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. Is the victim under Art. 1314 limited only to damages as relief? No. He may file a petition for the issuance of a writ if preliminary injunction.

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Interference in good faith Valid defense for violation of Article 1314 provided that it is proved that interference was made without improper or selfish motive.

CHAPTER VI NUISANCE (Article 694-707) What is a nuisance? Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1) Injures or endangers the health or safety of others; or (2) Annoys or offends the senses; or (3) Shocks, defies or disregards decency or morality; or (4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or (5) Hinders or impairs the use of property. Classification of Nuisance Article 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition. According to remedies that may be taken, nuisance may be: o Those which can be abated extrajudicially, (applies to private nuisance) o Those which can be abated judicially, o Those abated only by civil action, (applies to private nuisance) o Those abated by criminal and civil action. Nuisance per se that which is nuisance at all times and under all circumstances. (e.g. squatters/constructions which obstruct the free use by the public of streets and waterways) Nuisance per accidens that which becomes a nuisance because of the location or other circumstances. (e.g. ihaw-ihaw with jukebox inside a subdivision) Article 696. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. Liability attaches only if the successive owner knowingly failed or refused to abate the nuisance.

Remedies of a person injured by a nuisance: Abatement of the nuisance, recover damages, or both. A civil action to abate a nuisance cannot be extinguished by prescription. [NCC. Article 1143 (2)] Article 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. Article 698. Lapse of time cannot legalize any nuisance, whether public or private.

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Remedies against public nuisance: Article 699. The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action; or (3) Abatement, without judicial proceedings. Responsibility of the District Health Officer: Article 700. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. Article 702. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. Responsibility of the City/Municipal Mayor: commence a civil action to abate public nuisance. Article 701. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Can a private individual institute a civil action to abate a nuisance? Yes, if it is especially injurious to him provided that he complies with the requirements of Article 704. Article 703. A private person may file an action on account of a public nuisance, if it is specially injurious to himself. Article 704. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance; (2) That such demand has been rejected; (3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and (4) That the value of the destruction does not exceed three thousand pesos.

Remedies against private nuisance: Article 705. The remedies against a private nuisance are: (1) A civil action; or (2) Abatement, without judicial proceedings. Can a private individual effect extrajudicial abatement of private nuisance? Yes. Article 706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed. How is it done? by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. Procedure: 1. Demand to abate the nuisance 2. Demand was rejected 3. Abatement was approved by the district health officer and executed with the assistance of local police 4. Value of destruction does not exceed P3,000. Article 707. A private person or a public official extrajudicially abating a nuisance shall be liable for damages: (1) If he causes unnecessary injury; or (2) If an alleged nuisance is later declared by the courts to be not a real nuisance.

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Doctrine of attractive nuisance One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children at play and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises.

CHAPTER VII LAWS ON INTELLECTUAL CREATION

Governing laws RA 8293 Intellectual Property Code RA 9150 Layout Designs and Topographies Protection (amendment to RA 8293 provisions on the same subject) Copyright Law RA 167 re. PD 49 Patent Law RA 165 as amended RA 166 governing trade names and service marks RPC SC jurisprudence INTELLECTUAL CREATION Who owns the intellectual creation? Article 721. By intellectual creation, the following persons acquire ownership: (1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; (2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention. (n) As to author: 1. Literary work 2. Dramatic work 3. Historical work 4. Legal work 5. Philosophical work 6. Scientific and other work As to composer 1. Musical composition As to painter, sculptor, other artist 1. Product of art As to scientist or technologist: 1. Discovery or invention

When shall the author, composer, painter, sculptor, artist, scientist, or technologist acquire ownership over their creations? Article 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws. The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted.

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The scientist or technologist has the ownership of his discovery or invention even before it is patented. (n) Author & composer = publication Painter, sculptor, or other artist = copyright Scientist or technologist = patent

Who owns a letter or any private communications? Article 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires. (n) Article 724. Special laws govern copyright and patent. COPYRIGHT What is copyright? Under RA 8293, copyright is defined as original intellectual creations in the literary and artistic domain protected from the moment of their creation. Doctrine of fair use Section 185. Fair Use of a Copyrighted Work. - 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. What are those works that are protected and not protected? Protected works: 1. Books, pamphlets, articles and other writings; 2. Periodicals and newspapers; 3. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; 4. Letters; 5. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; 6. Musical compositions, with or without words; 7. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art; 8. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; 9. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; 10. Drawings or plastic works of a scientific or technical character; 11. Photographic works including works produced by a process analogous to photography; lantern slides; 12. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; 13. Pictorial illustrations and advertisements; 14. Computer programs; and 15. Other literary, scholarly, scientific and artistic works. [IPC, Section 172.1] Works not protected: o any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work;

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news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. [IPC, Section 175] An intellectual creation should be copyrighted after its publication. Literary and artistic works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. [IPC, Section 172.2]

When should an intellectual creation be copyrighted? What is the effect of the failure to have an intellectual creation copyrighted? an intellectual creation should be copyrighted thirty (30) days after its publication, if made in Manila, or within sixty (60) days if made elsewhere, failure of which renders such creation public property. [Patent Order no. 3, Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims] What is the duration of a copyright? 1. Those provided under Sec. 172-173 of the IPC during the life of the author and 50 years after his death. Posthumous works included. 2. Works of joint authorship during the life of the last surviving author and for 50 years after his death. 3. Anonymous & pseudonymous works 50 years from date which the work was lawfully published. Provided, that authors identity is revealed before the period expires. 4. Photographic works 50 years from publication OR 50 years from making if unpublished 5. Audio-visual work 50 years from publication OR 50 years from making if unpublished 6. Performances not recorded 50 years from the end of year in which performance took place 7. Sound or image&sound recording 50 years from the end of year in which recording took place 8. Works of applied art 25 years from date of making 9. Broadcasts 20 years from date of broadcast What is infringement of copyright? Infringement of copyright or piracy, is a copy, more or less servile, of a copyrighted work. What is plagiarism? The act of appropriating the literary composition of another or parts or passages thereof and passing them off as the products of ones mind. What can be done by the aggrieved party in case of infringement of his creation? Injunction against the infringer OR File an action for actual damages with a prayer for: o Delivery or impounding of the article alleged to infringe the copyright, o Delivery or destruction of the infringed copies or device used to produce it o Moral and exemplary damages. PATENT A patent is an exclusive right granted, and belonging to the first, true, and original inventor with respect to his invention. Purpose: to promote the progress of science and useful arts. Letters Patent

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Refers to the franchise granted by the government to the inventor with respect to his invention.

Equivalence doctrine Sec. 75.2. For the purpose of determining the extent of protection conferred by the patent, due account shall be taken of elements which are equivalent to the elements expressed in the claims, so that a claim shall be considered to cover not only all the elements as expressed therein, but also equivalents. (Sec. 36. Claims - The application shall contain one (1) or more claims which shall define the matter for which protection is sought. Each claim shall be clear and concise, and shall be supported by the description.) Nature and scope of patent: Any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable.. [IPC ,Section 21] Code: New, Invention, Useful Who may apply for patent? Inventor, his heirs, or assigns. If 2 or more persons jointly made an invention, the patent shall belong to them jointly. Rights of the Patentee Where subject matter is a PRODUCT to restrain, prohibit and prevent any unauthorized person or entity from making, using, selling, or importing that product. Where subject matter is a PROCESS to restrain, prohibit and prevent any unauthorized person or entity from using the process, or selling, using or importing any product obtained from such process. Are these rights absolute? NO.

Trademark a distinctive word, name, symbol, or emblem used by a manufacturer or merchant on his goods to identify and distinguish them from those sold by others. A recorded property and it is owned by the persons, corporation, or firm registering the same. Affixed to the goods and relates chiefly to the thing sold. Right to register trademark is not exclusive to Filipino citizens. Trade Name Word, firm name used by manufacturers to identify their business or vocation. Need not be affixed on the goods Relates to the individuality of the market to secure goodwill. Service mark Mark used in the sale or advertising of service to identify the services of one person and to distinguish them from the service of others. Test of Dominancy if the competing trademark contains the main or essential or dominant features of another by reason of which confusion and deception are likely to result, then infringement takes place; that duplication or imitation is not necessary, a similarity in the dominant features of the trademarks would be sufficient A mark cannot be registered if it consists of:

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Immoral, deceptive, or scandalous matter Flag or coat of arms, or insignia of the Philippines Name, portrait or signature of a living individual Previously registered or used trademark Merely descriptive or deceptively descriptive trademark.

Doctrine of Secondary Meaning A word or phrase which is unregistrable for being geographical or descriptive, may nevertheless be used for so long and exclusively by one producer for his article, such that the said word or phrase has come to mean that the article was his product and that it becomes associated in the public mind with the particular products of the user. (e.g. of mere descriptive words, coffee, sugar, cigar. E.g. of descriptive but registrable: Ang Tibay) Infringement of trademark prior registration of trandemark is necessary, fraudulent intent is not essential, exact copy not necessary, it is enough that the essential characteristics have been imitated. Remedies in case of infringement 1. Damages 2. Injunction 3. Destruction of material 4. Cancellation 5. Criminal prosecution UNDER Art. 188 of the RPC (Subsisting and altering trade-mark, tradenames, or service marks) Unfair Competition Fraudulent intent is essential Registration is not necessary Remedy: criminal action for unfair competition under Art. 189 RPC

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CHAPTER IX DUAL ASPECT OF A CRIME

Dual aspects of a crime: 1. Social injury penal in nature Injury caused to the good order of society 2. Personal injury civil in nature Injury to the person, rights, or property of the offended party. Is there a compensation for the commission of said injuries? As to social injury compensated once the offender is convicted of the crime for which he was charged. As to personal injury compensated through the payment of corresponding damages which the court may impose on the basis of the evidence presented to support the

RPC, Article 102. Subsidiary civil liability of: 1. innkeepers, 2. tavern keepers, and 3. proprietors of establishments in case of violations of municipal ordinances/police regulations. Innkeepers subsidiarily liable for RESTITUTION of goods taken by theft or robbery provided that the owner-guest followed innkeepers directions regarding the care and vigilance of the goods. Exception: where robbery is with violence against or intimidation of persons = innkeeper not liable. Exception to the exception: where robbery is committed by innkeepers employees. Civil action is included in a criminal action for BP22. No reservation to file such civil action separately shall be allowed. Where civil action has been filed separately and trial thereof has not commenced, it may be consolidated with the criminal action. If criminal action is filed after civil action, the civil action is suspended until final judgment on the criminal action. o Remedy of the offended party: move to consolidate the civil and criminal cases before the court trying the criminal case. Effect: evidence adduced in the civil action shall be deemed automatically reproduced in the criminal action WITHOUT PREJUDICE to the right of the offended party in the criminal case to cross-examine and to present additional evidence.

Effect of death of the accused: 1. After arraignment = civil liability is extinguished. 2. Before arraignment = dismissal of the case without prejudice to any civil action the offended party may file against the estate of the accused. When criminal action is instituted, civil action is deemed included therein. EXCEPTIONS: 1. When offended party waives the civil action, or 2. Reserves his right to files a separate civil action, or 3. Offended party filed the civil action prior to the criminal action. Is the criminal and civil liability of the accused terminated on account of his death during the pendency of the appeal? NO.

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Is an insane person liable for the crime he committed? Criminal liability: NO, because insanity is an exempting circumstance unless the accused acted during a lucid interval. Nevertheless, he is civilly liable. Also exempted from criminal liability is a minor offender under 9 years of age (absolute exemption) or a minor over 9 but below 15 years unless he acted with discernment. Requisites for subsidiary liability: 1. The crime was committed in the establishment; 2. There was a violation of an ordinance or police regulation committed by the innkeeper or employees 3. The person criminally liable is insolvent. Requisites in order that an employer may be liable for the employees civil liability: 1. Employer is engaged in any kind of industry 2. Employee committed an offense in the discharge of his duties 3. Employee is insolvent How is restitution made? By restoring the thing even if it be found in the possession of a third person who acquired it by lawful means. How is reparation made? The court shall determine the amount of damage, taking into consideration the price of the thing and its sentimental value, if any. What is included in indemnification? Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime

Quasi-Delicts Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (1902a) Article 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.(n) Article 2178. The provisions of articles 1172 to 1174 are also applicable to a quasi-delict. (n) Article 2179. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. (n) Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.

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Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. (1903a) Article 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. (1904) Article 2182. If the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. (n) Article 2183. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage. (1905) Article 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of article 2180 are applicable. (n) Article 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. (n) Article 2186. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official. (n) Article 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. (n) Article 2188. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or business. (n) Article 2189. Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. (n) Article 2190. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. (1907) Article 2191. Proprietors shall also be responsible for damages caused:

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(1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place; (2) By excessive smoke, which may be harmful to persons or property; (3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure; (4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. (1908) Article 2192. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. (1909) Article 2193. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. (1910) Article 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary.