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Questions and Answers
Under Article 19, what ethical standard is emphasized in the exercise of rights and performance of duties?
Under Article 19, what ethical standard is emphasized in the exercise of rights and performance of duties?
- Acting with partiality towards certain individuals.
- Observing strict confidentiality in all dealings.
- Acting with justice, giving everyone their due, and observing honesty and good faith. (correct)
- Prioritizing personal gain over collective welfare.
According to Article 20, under what condition is a person obligated to indemnify another for damages?
According to Article 20, under what condition is a person obligated to indemnify another for damages?
- If damage is caused while acting within legal bounds.
- If damage is caused wilfully or negligently, contrary to law. (correct)
- If damage is caused without malice but with good intentions.
- If damage is caused unintentionally, regardless of negligence.
In accordance with Article 21, what recourse does a person have if they suffer loss or injury due to actions contrary to morals, good customs, or public policy?
In accordance with Article 21, what recourse does a person have if they suffer loss or injury due to actions contrary to morals, good customs, or public policy?
- To demand a public apology from the offender.
- To seek compensation for the damage incurred. (correct)
- To request mediation by a community leader.
- To file a criminal case against the offender.
What is the obligation of a person who acquires something at another's expense without just or legal ground, as per Article 22?
What is the obligation of a person who acquires something at another's expense without just or legal ground, as per Article 22?
According to Article 23, under what circumstances is a defendant liable for indemnity even without fault or negligence?
According to Article 23, under what circumstances is a defendant liable for indemnity even without fault or negligence?
What special duty do courts have under Article 24 in contractual or property relations involving a party at a disadvantage?
What special duty do courts have under Article 24 in contractual or property relations involving a party at a disadvantage?
According to Article 25, what action can a court take regarding extravagant expenses during a period of public want or emergency?
According to Article 25, what action can a court take regarding extravagant expenses during a period of public want or emergency?
Under Article 26, what is the remedy for acts that violate the dignity, personality, privacy, or peace of mind of another?
Under Article 26, what is the remedy for acts that violate the dignity, personality, privacy, or peace of mind of another?
As per Article 27, what recourse is available to a person suffering loss due to a public servant's neglect of duty?
As per Article 27, what recourse is available to a person suffering loss due to a public servant's neglect of duty?
What right arises from unfair competition in business or labor, according to Article 28?
What right arises from unfair competition in business or labor, according to Article 28?
According to Article 29, what is required to institute a civil action for damages after an acquittal in a criminal prosecution based on reasonable doubt?
According to Article 29, what is required to institute a civil action for damages after an acquittal in a criminal prosecution based on reasonable doubt?
When a separate civil action is brought for civil liability arising from a criminal offense, and no criminal proceedings are instituted, what level of evidence is sufficient to prove the act complained of, according to Article 30?
When a separate civil action is brought for civil liability arising from a criminal offense, and no criminal proceedings are instituted, what level of evidence is sufficient to prove the act complained of, according to Article 30?
Under Article 31, how does a civil action based on an obligation not arising from the criminal act proceed in relation to criminal proceedings?
Under Article 31, how does a civil action based on an obligation not arising from the criminal act proceed in relation to criminal proceedings?
According to Article 32, what is the liability of a public officer, employee, or private individual who impairs certain rights and liberties of another?
According to Article 32, what is the liability of a public officer, employee, or private individual who impairs certain rights and liberties of another?
In cases covered by Article 32, what type of civil action can the aggrieved party commence, regardless of any criminal prosecution?
In cases covered by Article 32, what type of civil action can the aggrieved party commence, regardless of any criminal prosecution?
What type of damages are included in the indemnity under Article 32, besides exemplary damages?
What type of damages are included in the indemnity under Article 32, besides exemplary damages?
Under what condition is a judge potentially held responsible for their actions or omissions, according to Article 32?
Under what condition is a judge potentially held responsible for their actions or omissions, according to Article 32?
According to Article 33, in what specific cases can a civil action for damages be brought independently of a criminal action?
According to Article 33, in what specific cases can a civil action for damages be brought independently of a criminal action?
According to Article 34, who is primarily liable for damages when a police officer fails to render aid in a dangerous situation?
According to Article 34, who is primarily liable for damages when a police officer fails to render aid in a dangerous situation?
In the scenario described in Article 34, what is the extent of the city or municipality's responsibility for damages?
In the scenario described in Article 34, what is the extent of the city or municipality's responsibility for damages?
Under Article 35, if a justice of the peace finds no reasonable grounds for a criminal offense, can the complainant still bring a civil action?
Under Article 35, if a justice of the peace finds no reasonable grounds for a criminal offense, can the complainant still bring a civil action?
According to Article 35, what action can the court take upon the defendant's motion in a civil action brought after a criminal complaint is dismissed?
According to Article 35, what action can the court take upon the defendant's motion in a civil action brought after a criminal complaint is dismissed?
What happens to a civil action under Article 35, if a criminal information is later presented by the prosecuting attorney?
What happens to a civil action under Article 35, if a criminal information is later presented by the prosecuting attorney?
According to Article 36, how are pre-judicial questions governed?
According to Article 36, how are pre-judicial questions governed?
Flashcards
Article 19's Core Principle
Article 19's Core Principle
Act with justice, give everyone their due, and observe honesty and good faith in exercising rights and performing duties.
Liability for Damages
Liability for Damages
A person who wilfully or negligently causes damage to another contrary to law must provide compensation.
Damages for Immoral Acts
Damages for Immoral Acts
A person who wilfully causes loss or injury to another in a manner contrary to morals, good customs, or public policy must compensate for the damage.
Unjust Enrichment
Unjust Enrichment
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Benefit from Damage
Benefit from Damage
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Protection of the Disadvantaged
Protection of the Disadvantaged
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Controlling Extravagance
Controlling Extravagance
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Respect for Personal Dignity
Respect for Personal Dignity
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Invasion of Privacy
Invasion of Privacy
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Dereliction of Duty
Dereliction of Duty
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Unfair Competition
Unfair Competition
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Civil Action After Acquittal
Civil Action After Acquittal
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Evidence in Civil Action
Evidence in Civil Action
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Independent Civil Action
Independent Civil Action
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Violation of Rights
Violation of Rights
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Independent Civil Action for Certain Offenses
Independent Civil Action for Certain Offenses
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Police Officer's Duty
Police Officer's Duty
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Civil Action When No Crime is Found
Civil Action When No Crime is Found
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Pre-Judicial Questions
Pre-Judicial Questions
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Study Notes
- Every person must act with justice, give everyone their due, and observe honesty and good faith in exercising rights and performing duties.
- Anyone who wilfully or negligently causes damage to another contrary to law must indemnify the latter.
- Intentionally causing loss or injury to another against morals, good customs, or public policy requires compensation for the damage.
- Acquiring something at another's expense without just or legal ground necessitates its return.
- Indemnity is required even if damage to another's property wasn't due to the defendant's fault or negligence, if the defendant benefited from the act or event.
- Courts must protect parties at a disadvantage in contractual, property, or other relations due to moral dependence, ignorance, indigence, mental weakness, tender age, or other handicap.
- Courts can stop thoughtless extravagance during public want or emergency at the instance of a government or private charitable institution.
- Everyone must respect the dignity, personality, privacy, and peace of mind of others.
- Actions that may not be criminal offenses but cause damage, prevention, or other relief include:
- Prying into the privacy of another's residence
- Disturbing the private life or family relations of another
- Causing alienation of another from their friends
- Humiliating another based on religious beliefs, social status, birth place, physical defect, or personal condition
- A public servant's refusal or neglect to perform official duty without just cause allows the injured party to file action for damages and other relief.
- Unfair competition in agricultural, commercial, industrial or labor through unjust methods gives rise to a right of action for the damaged person.
- A civil action for damages can be instituted even if the accused in a criminal prosecution is acquitted due to reasonable doubt, requiring only a preponderance of evidence.
- The court may require the plaintiff to file a bond for damages if the complaint is found malicious.
- If a judgment of acquittal is based upon reasonable doubt, the court shall declare it.
- A preponderance of evidence is enough to prove the act complained of when a separate civil action is brought for civil liability arising from a criminal offense, and no criminal proceedings are instituted during the civil case.
- A civil action based on an obligation not arising from the felony may proceed independently of the criminal proceedings and regardless of their outcome.
- Any public officer, employee, or private individual who obstructs or impairs another person's rights and liberties is liable for damages.
- Protected rights and liberties include:
- Freedom of religion
- Freedom of speech
- Freedom to write for the press
- Freedom from arbitrary or illegal detention
- Freedom of suffrage
- Right against deprivation of property without due process
- Right to just compensation for private property taken for public use
- Right to equal protection of the laws
- Right to be secure against unreasonable searches and seizures
- Liberty of abode and changing it
- Privacy of communication and correspondence
- Right to join associations or societies for lawful purposes
- Right to peaceful assembly and petition
- Freedom from involuntary servitude
- Rights of the accused, including against excessive bail, to be heard by counsel, to a speedy and public trial, to confront witnesses, and to secure witnesses
- Freedom from self-incrimination
- Freedom from excessive fines or cruel punishment
- Freedom of access to the courts
- An aggrieved party can commence a separate civil action for damages, independent of any criminal prosecution, proved by preponderance of evidence.
- Indemnity includes moral and exemplary damages.
- Responsibility is not demandable from a judge unless their act violates the Penal Code or other penal statute.
- A civil action for damages, separate from the criminal action, may be brought by the injured party in cases of defamation, fraud, and physical injuries, and requires only a preponderance of evidence.
- A police officer who fails to render aid in danger is primarily liable for damages, with the city or municipality subsidiarily responsible, and the civil action is independent of any criminal proceedings, requiring a preponderance of evidence.
- A person injured by a criminal offense can bring a civil action for damages if no independent civil action is granted in the code or special law, but the justice of the peace finds no grounds for a crime or the prosecuting attorney refuses to institute criminal proceedings, with the action supported by preponderance of evidence.
- The court may require the plaintiff to file a bond to indemnify the defendant if the complaint is malicious.
- If an information is presented during the civil action, the civil action shall be suspended until the termination of the criminal proceedings.
- Pre-judicial questions must be decided before any criminal prosecution may be instituted or may proceed, governed by rules of court promulgated by the Supreme Court and not conflicting with the provisions of this code.
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