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1.
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.
5.
Remedies of a passenger:
a. He can file a criminal case against the driver under Article 365 of the
RPC.
b. He can file the criminal case but may prosecute the civil aspect
separately as an independent civil action under Article 33.
c. He can institute a civil case based on violation of the contract of
carriage against the common carrier.
2.
3.
4.
Article 1734. Common carriers are responsible for the loss, destruction, or
deterioration of the goods, unless the same is due to any of the following
causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or
calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or on the
containers;
(5) Order or act of competent public authority.
7.
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.
8.
Acuario TIPSy
TORTS AND DAMAGES
(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.
9.
10. 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 anothers 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.
11. 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.
Principle of abuse of rights
- Principle embodied in article 19. The term is used to refer to 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.
Elements of an abuse of rights:
(1) There is a legal right or duty;
(2) Which is exercised in bad faith;
(3) For the sole intent of prejudicing or injuring another.