Escolar Documentos
Profissional Documentos
Cultura Documentos
In any case the Code Commission recommended that the civil action for physical injuries be similar to the civil action for 2. NO. Contrary to the theory of private respondents, there is no justification for limiting the scope of Art. 2176 to acts
assault and battery in American Law, and this recommendation must have been accepted by the Legislature when it or omissions resulting from negligence. Well-entrenched is the doctrine that Art. 2176 covers not only acts
approved the article intact as recommended. If the intent has been to establish a civil action for the bodily harm received committed with negligence, but also acts which are voluntary and intentional. As far back as the definitive case of
by the complainant similar to the civil action for assault and battery, as the Code Commission states, the civil action should Elcano v. Hill, the doctrine of which was echoed in the case of Andamo v. IAC. The SC held that in the absence of
lie whether the offense committed is that of physical injuries, or frustrated homicide, or attempted homicide, or even death," more substantial reasons, it will not disturb the doctrine on the coverage of Art. 2176.
Corpus vs. Paje, L-26737, July 31, 1969, 28 SCRA 1062, which states that reckless imprudence or criminal negligence is
not included in Article 33 of the Civil Code is not authoritative. Of 11 justices only 9 took part in the decision and 4 of them Private respondents further aver that Art. 33, NCC applies only to injuries intentionally committed pursuant to the ruling in
merely concurred in the result. Marcia v. CA, and that the actions for damages allowed thereunder are ex-delicto.
Separate Concurring Opinion of Justice Aquino 3. YES. The term "physical injuries" in Art. 33 has already been construed to include bodily injuries causing death. It
Death due to a negligent act may be a delict or quasi-delict. It may create a civil action based on article 100 of the Penal is not the crime of physical injuries defined in the RPC. It includes not only physical injuries but also consummated,
Code or an action based on culpa aquiliana under Art. 2176 of the Civil Code. These alternatives are assumed in Art. 2177 frustrated, and attempted homicide. In Murcia, it was held that no independent action may be filed under Art. 33
of the Civil Code "but the plaintiff cannot recover twice for the same act or omission of the defendant" where the crime is reckless imprudence, here the accused is charged with homicide. Therefore, a civil action based
on Art. 33 lies.
The term "physical injuries" in Art. 33 includes death and may give rise to an independent civil action.
4. YES. It having been established that the instant action is not ex-delicto, petitioners may proceed directly against It is significant to note that under Art. 31, it is made clear that the civil action permitted therein to be filed separately from
Torzuela and the private respondents. Under Art. 2180 as aforequoted, when an injury is caused by the negligence the criminal action may proceed independently of the criminal proceedings "regardless of the result of the latter." It seems
of the employee, there instantly arises a presumption of law that there was negligence on the part of the master or perfectly reasonable to conclude that the civil actions mentioned in Art. 33, permitted in the same manner to be filed
employer either in the selection of the servant or employee, or in supervision over him after selection or both. The separately from the criminal case, may proceed similarly regardless of the result of the criminal case.
liability of the employer under Art. 2180 is direct and immediate; it is not conditioned upon prior recourse against
the negligent employee and a prior showing of the insolvency of such employee. Therefore, it is incumbent upon Indeed, when the law has allowed a civil case related to a criminal case, to be filed separately and to proceed independently
the private respondents to prove that they exercised the diligence of a good father of a family in the selection and even during the pendency of the latter case, the intention is patent to make the court's disposition of the criminal case of
supervision of their employee. no effect whatsoever on the separate civil case. This must be so because the offenses specified in Article 33 are of such
a nature, unlike other offenses not mentioned, that they may be made the subject of a separate civil action because of the
5. YES. On the issue of whether the complaint states a sufficient cause of action, the complaint sufficiently alleged distinct separability of their respective juridical cause or basis of action. This is clearly illustrated in the case of
an actionable breach on the part of Torzuela and Superguard and/or Safeguard. It is enough that the complaint swindling, a specie of an offense committed by means of fraud, where the civil case may be filed separately and proceed
alleged that Torzuela shot Atty. Dulay resulting in the latter's death; that the shooting occurred while Torzuela was independently of the criminal case, regardless of the result of the latter.
on duty; and that either Superguard and/or Safeguard was Torzuela's employer and responsible for his acts. This
does not operate however, to establish that the defendants below are liable as such is a question better resolved The wisdom of the provision of Art. 33 is to be found in the fact that when the civil action is reserved to be filed separately,
after trial on the merits. the criminal case is prosecuted by the prosecuting officer alone without intervention from, private counsel representing the
interest of the offended party. It is but just that when, as in the present instance, the prosecution of the criminal case is left
3. Salta v. Hon. De Veyra G.R. No. L – 37733 September 30, 1982 to the government prosecutor undertake, any mistake or mishandling of the case committed by the latter should not work
FACTS: Petitioner Almario Salta (Salta) was the branch manager of the Philippine National Bank (PNB), Malolos Branch. to the prejudice of the offend party whose interest would thus be protected by the measure contemplated by Art. 33 and
As such, his duty was to grant loans or to recommend granting the same depending on the amount of the loan applied for. Art. 2177.
In the performance of said duty, he is supposed to exercise care and prudence, and with utmost diligence, observe the
policies, rules and regulations of the bank. As Judge de Veyra put it, "acquittal in the criminal case will not be an obstacle for the civil case to prosper unless in the
criminal case the Court makes a finding that even civilly, the accused would not be liable — there is no such finding."
PNB found Salta to have indiscriminately granted certain loans in a manner characterized by negligence, fraud, and There, indeed, could not be such finding because the criminal court, aware that the civil case is not before it, would be
manifest partiality, and upon securities not commensurate with the amount of the loans in disregard of said rules. Thus, acting in excess of jurisdiction if it were to make any pronouncement in effect disposing of a case pending before another
PNB filed two civil cases against Salta before the CFI of Manila to recover losses suffered by the bank. At the same time, court, over which it had not acquired jurisdiction.
based on the same acts, PNB caused to be filed, a criminal case for violation of the Anti-Graft and Corrupt Practices Act
before the Circuit Criminal Court of the 5th Judicial District at San Fernando Pampanga. 4. Borjal v. Court of Appeals G.R. No. 126466 January 14, 1999
FACTS: Petitioners Arturo Borjal and Maximo Soliven are among the incorporators of Philippines Today, Inc. (PTI), now
Salta filed a Motion to Dismiss in the criminal case, which was granted for having failed to prove the essential elements of PhilSTAR Daily, Inc., owner of The Philippine Star, a daily newspaper. At the time the complaint was filed,
the crime charged. With his acquittal, Salta filed a Motion to Dismiss in each of the two civil cases based on Sec. 3(c), petitioner Borjal was its President while Soliven was (and still is) Publisher and Chairman of its Editorial Board. Among
Rule III which provides that: the regular writers of The Philippine Star is Borjal who runs the column Jaywalker. Private respondent Francisco
Wenceslao is a civil engineer, businessman, business consultant and journalist by profession. In 1988 he served as a
“extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds technical adviser of Congressman Fabian Sison, then Chairman of the House of Representatives Sub-Committee on
from a declaration in a final judgment that the fact from which the civil might arise did not exist” Industrial Policy.
Judges Jesus De Veyra (respondent) and Amante Purisima, took diametrically opposed views, the former denied the During the congressional hearings on the transport crisis sometime in September 1988 undertaken by the House Sub-
motion and the latter granted the same. Committee on Industrial Policy, those who attended agreed to organize the First National Conference on Land
Transportation (FNCLT) to be participated in by the private sector in the transport industry and government agencies
ISSUE: Whether or not a decision of acquittal in a criminal case operates to dismiss a separate civil action filed on the concerned in order to find ways and means to solve the transportation crisis. More importantly, the objective of the FNCLT
basis of the same facts as alleged in the criminal case? was to draft an omnibus bill that would embody a long-term land transportation policy for presentation to Congress. The
conference which, according to private respondent, was estimated to cost around P1,815,000.00 would be funded through
RULING: solicitations from various sponsors such as government agencies, private organizations, transport firms, and individual
NO. To begin with, the filing in this case of a civil action separate from the criminal action is fully warranted under the delegates or participants. On 28 February 1989, at the organizational meeting of the FNCLT, private respondent Francisco
provision of Art. 33. The criminal case is for the prosecution of an offense the main element of which is fraud, one of the Wenceslao was elected Executive Director. As such, he wrote numerous solicitation letters to the business community for
kinds of crime mentioned in the aforecited provision. the support of the conference.
Based on the same acts for which the criminal action was filed, the civil actions very clearly alleged fraud and negligence Between May and July 1989 a series of articles written by petitioner Borjal was published on different dates in his
as having given rise to the cause of action averred in the complaints. It needs hardly any showing to demonstrate this fact, column Jaywalker. The articles dealt with the alleged anomalous activities of an "organizer of a conference" without
which Salta disputes, particularly as to the sufficiency of the allegation of fraud in the civil complaints. naming or identifying private respondent. Neither did it refer to the FNCLT as the conference therein mentioned. Private
respondent reacted to the articles. He sent a letter to The Philippine Star insisting that he was the "organizer" alluded to in
It was allegations by PNB that “there was fraud committed by the defendant” unmistakably show sufficient averment of petitioner Borjal's columns.
fraud; and “without exercising necessary prudence” in granting the loan, on the latter alone, the civil case may be
maintained. Apparently not satisfied with his complaint with the NPC, private respondent filed a criminal case for libel against
petitioners Borjal and Soliven, among others. However, in a Resolution dated 7 August 1990, the Assistant Prosecutor
If Salta 's civil liability is, as alleged in the complaint, based on negligence, apart from the averment of fraud, then on the handling the case dismissed the complaint for insufficiency of evidence. The dismissal was sustained by the
strength of the aforesaid ruling, the civil action can be maintained regardless of the outcome of the criminal action. Department of Justice and later by the Office of the President.
“In the case of an independent civil actions under the Civil Code, the result of the criminal case, whether On 31 October 1990 private respondent instituted against petitioners a civil action for damages based on libel subject of the
acquittal or conviction, would be entirely irrelevant to the civil action. This seems to be the spirit of the law instant case. In their answer, petitioners interposed compulsory counterclaims for actual, moral and exemplary damages,
when it decided to make these actions `entirely separate and distinct' from the criminal action (Arts. 22, plus attorney's fees and costs. After due consideration, the trial court decided in favor of private respondent Wenceslao
ISSUES: Furthermore, to be considered malicious, the libelous statements must be shown to have been written or published with
1. Whether or not the private respondent was sufficiently identified by the petitioner in the questioned articles the knowledge that they are false or in reckless disregard of whether they are false or not. "Reckless disregard of what is
2. Whether or not the subject articles do not constitute qualifiedly privileged communication false or not" means that the defendant entertains serious doubt as to the truth of the publication, or that he possesses a
3. Whether or not the “public official doctrine” should be applied high degree of awareness of their probable falsity.
4. Whether or not the private respondent has a valid cause of action for libel against petitioners although he failed
to prove actual malice on their part Even assuming that the contents of the articles are false, mere error, inaccuracy or even falsity alone does not prove actual
malice. Errors or misstatements are inevitable in any scheme of truly free expression and debate. Consistent with good
RULING: faith and reasonable care, the press should not be held to account, to a point of suppression, for honest mistakes or
1. NO. imperfections in the choice of language. There must be some room for misstatement of fact as well as for misjudgment.
Identification is grossly inadequate when even the alleged offended party is himself unsure that he was the object of the Only by giving them much leeway and tolerance can they courageously and effectively function as critical agencies in our
verbal attack. It is well to note that the revelation of the identity of the person alluded to came not from petitioner Borjal but democracy.
from private respondent himself when he supplied the information through his 4 June 1989 letter to the editor. Had private
respondent not revealed that he was the "organizer" of the FNCLT referred to in the Borjal articles, the public would have
remained in blissful ignorance of his identity. It is therefore clear that on the element of identifiability alone the case falls. 5. MVRS Publications, Inc. v. Islamic Da’wah Council of the Philippines, Inc. January 28, 2003
FACTS: ISLAMIC DA'WAH COUNCIL OF THE PHILIPPINES, INC., a local federation of more than seventy (70) Muslim
2. YES. religious organizations, and individual Muslims ABDULRAHMAN R.T. LINZAG, IBRAHIM F.P. ARCILLA, ABDUL RASHID
A privileged communication may be either absolutely privileged or qualifiedly privileged. Absolutely privileged DE GUZMAN, AL-FARED DA SILVA and IBRAHIM B.A. JUNIO, filed in the Regional Trial Court of Manila a complaint for
communications are those which are not actionable even if the author has acted in bad faith. An example is found in Sec. damages in their own behalf and as a class suit in behalf of the Muslim members nationwide
11, Art. VI, of the 1987 Constitution which exempts a member of Congress from liability for any speech or debate in the against MVRS PUBLICATIONS, INC., MARS C. LACONSAY, MYLA C. AGUJA and AGUSTINO G. BINEGAS, JR., arising
Congress or in any Committee thereof. Upon the other hand, qualifiedly privileged communications containing defamatory from an article published in the 1 August 1992 issue of Bulgar, a daily tabloid. The article reads:
imputations are not actionable unless found to have been made without good intention or justifiable motive. To this genre
belong "private communications" and "fair and true report without any comments or remarks." "ALAM BA NINYO?
Na ang mga baboy at kahit anong uri ng hayop sa Mindanao ay hindi kinakain ng mga Muslim?
Indisputably, petitioner Borjal's questioned writings are not within the exceptions of Art. 354of The Revised Penal Code for, Para sa kanila ang mga ito ay isang sagradong bagay. Hindi nila ito kailangang kainin kahit na sila pa ay
as correctly observed by the appellate court, they are neither private communications nor fair and true report without any magutom at mawalan ng ulam sa tuwing sila ay kakain. Ginagawa nila itong Diyos at sinasamba pa nila
comments or remarks. However this does not necessarily mean that they are not privileged. To be sure, the enumeration ito sa tuwing araw ng kanilang pangingilin lalung-lalo na sa araw na tinatawag nilang 'Ramadan'."
under Art. 354 is not an exclusive list of qualifiedly privileged communications since fair commentaries on matters of public
interest are likewise privileged. The complaint alleged that the libelous statement was insulting and damaging to the Muslims; that these words alluding to
the pig as the God of the Muslims was not only published out of sheer ignorance but with intent to hurt the feelings, cast
Publications which are privileged for reasons of public policy are protected by the constitutional insult and disparage the Muslims and Islam, as a religion in this country, in violation of law, public policy, good morals and
guaranty of freedom of speech. This constitutional right cannot be abolished by the mere failure of the legislature to give human relations; that on account of these libelous words Bulgar insulted not only the Muslims in the Philippines but the
it express recognition in the statute punishing libels. entire Muslim world, especially every Muslim individual in non-Muslim countries.
Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. MVRS PUBLICATIONS, INC., and AGUSTINO G. BINEGAS, JR., in their defense, contended that the article did not
The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, mention respondents as the object of the article and therefore were not entitled to damages; and, that the article was
because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, merely an expression of belief or opinion and was published without malice nor intention to cause damage, prejudice or
nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not injury to Muslims.
necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be
a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on RTC: Dismissed the complaint holding that the plaintiffs failed to establish their cause of action since the persons allegedly
established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred defamed were not specifically identified.
from the facts. CA: reversed the decision of the trial court. It opined that it was "clear from the disputed article that the defamation was
directed to all adherents of the Islamic faith. It stated that pigs were sacred and idolized as god by members of the Muslim
3. YES. religion. This libelous imputation undeniably applied to the plaintiff-appellants who are Muslims sharing the same religious
Honest criticisms on the conduct of public officials and public figures are insulated from libel judgments. The beliefs." It added that the suit for damages was a "class suit" and that ISLAMIC DA'WAH COUNCIL OF THE PHILIPPINES,
guarantees of freedom of speech and press prohibit a public official or public figure from recovering damages for a INC.'s religious status as a Muslim umbrella organization gave it the requisite personality to sue and protect the interests
defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice, i.e., of all Muslims.
with knowledge that it was false or with reckless disregard of whether it was false or not.
ISSUE:
The raison d'etre for the New York Times doctrine was that to require critics of official conduct to guarantee the truth of all 1. Whether or not the elements of libel are present
their factual assertions on pain of libel judgments would lead to self-censorship, since would-be critics would be deterred 2. Whether or not the respondents had the right to institute the class suit
from voicing out their criticisms even if such were believed to be true, or were in fact true, because of doubt whether it 3. Whether or not the petitioners are liable for damages
could be proved or because of fear of the expense of having to prove it.
RULING:
4. NO. Generally, malice can be presumed from defamatory words, the privileged character of a communication 1. NO.
destroys the presumption of malice. The onus of proving actual malice then lies on plaintiff, private respondent Defamation, which includes libel and slander, means the offense of injuring a person's character, fame or reputation
through false and malicious statements. It is that which tends to injure reputation or to diminish the esteem, respect, good
Here, the injury suffered by respondent is the loss of ₱7,220,968.31 from his business. This has remained unpaid since Thereafter, the Company rehired Ranida. Ranida and Ramon then filed a complaint for damages against Garcia for the
2007. This injury undoubtedly was caused by petitioner Arco Pulp and Paper’s act of refusing to pay its obligations. When erroneous interpretation of the results of the examination, she lost her job and suffered serious mental anxiety, trauma and
the obligation became due and demandable, petitioner Arco Pulp and Paper not only issued an unfunded check but also sleepless nights, while Ramon was hospitalized and lost business opportunities.
entered into a contract with a third person in an effort to evade its liability. This proves the third requirement.
The defenses were: Garcia maintains he is not negligent, thus not liable for damages, because he followed the
Article 2219 of the NCC enumerates when Moral damages may be awarded, but breaches of contract done in bad faith appropriate laboratory measures and procedures as dictated by his training and experience; and that he did everything
are not specified therein. When a party breaches a contract, he or she goes against Article 19 of the Civil Code, which within his professional competence to arrive at an objective, impartial and impersonal result.
states: 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. Castro claimed that as pathologist, he rarely went to CDC and only when a case was referred to him; that he did not
examine Ranida; and that the test results bore only his rubber-stamp signature.
Persons who have the right to enter into contractual relations must exercise that right with honesty and good faith. Failure
to do so results in an abuse of that right, which may become the basis of an action for damages. Article 19, however, The trial court dismissed the complaint. The CA reversed the trial court, it found Garcia liable for damages for negligently
cannot be its sole basis. Article 19 is the general rule which governs the conduct of human relations. By itself, it is not the issuing an erroneous HBs Ag result. On the other hand, it exonerated Castro for lack of participation in the issuance of the
basis of an actionable tort. Article 19 describes the degree of care required so that an actionable tort may arise when it is results.
alleged together with Article 20 or Article 21.
ISSUE: Whether or not the petitioners are liable for damages for issuing an incorrect HBs Ag test.
When parties act in bad faith and do not faithfully comply with their obligations under contract, they run the risk of violating
Article 1159 of the Civil Code. Article 2219, therefore, is not an exhaustive list of the instances where moral damages may RULING: Yes. Owners and operators of clinical laboratories have the duty to comply with statutes, as well as rules and
be recovered since it only specifies, among others, Article 21. When a party reneges on his or her obligations arising from regulations, purposely promulgated to protect and promote the health of the people by preventing the operation of
contracts in bad faith, the act is not only contrary to morals, good customs, and public policy; it is also a violation of Article substandard, improperly managed and inadequately supported clinical laboratories and by improving the quality of
1159. Breaches of contract become the basis of moral damages, not only under Article 2220, but also under Articles 19 performance of clinical laboratory examinations. Their business is impressed with public interest, as such, high standards
and 20 in relation to Article 1159. of performance are expected from them. In fine, violation of a statutory duty is negligence. Where the law imposes upon a
person the duty to do something, his omission or non-performance will render him liable to whoever may be injured thereby.
The following laws were violated by the petitioners: Defendant filed a "petition for relief from orders, judgment and proceedings and motion for new trial and reconsideration."
Defendant also requested the court to defer judgement on the petition for relief due to the possibility of arriving to an
The Clinical Laboratory Law, provides that: amicable settlement. The settlement however, did not materialize, so the court denied the petition for relief.
Sec. 2. It shall be unlawful for any person to be professionally in-charge of a registered clinical laboratory
unless he is a licensed physician duly qualified in laboratory medicine and authorized by the Secretary of Defendant then filed a "motion for new trial and reconsideration," asserting that the judgment is contrary to law. The reason
Health, such authorization to be renewed annually. given is that "there is no provision of the Civil Code authorizing" an action for breach of promise to marry. This was denied.
Defendant has appealed to this Court.
DOH Administrative Order No. 49-B Series of 1988, otherwise known as the Revised Rules and Regulations Governing
the Registration, Operation and Maintenance of Clinical Laboratories in the Philippines ISSUE: Whether or not the petitioner shall be liable for damages.
Sec. 25. Violations: (1) Operation of a Clinical Laboratory without a certified pathologist or qualified
licensed physician authorized by the Undersecretary of Health or without employing a registered medical RULING: Yes. It must not be overlooked, however, that the extent to which acts not contrary to law may be perpetrated
technologist or a person not registered as a medical technologist in such a position. with impunity, is not limitless for Article 21 of said Code provides that "any person who willfully causes loss or injury to
The Philippine Medical Technology Act of 1969, reads: another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage."
(b) Any medical technologist, even if duly registered, who shall practice medical technology in the
Philippines without the necessary supervision of a qualified pathologist or physician authorized by the The record reveals that on August 23, 1954 plaintiff and defendant applied for a license to contract marriage, which was
Department of Health; subsequently issued. Their wedding was set for September 4, 1954. Invitations were printed and distributed to relatives,
friends and acquaintances. The bride-to-be's trousseau, party dresses and other apparel for the important occasion were
We find that petitioner Garcia failed to comply with these standards. purchased. Dresses for the maid of honor and the flower girl were prepared. A matrimonial bed, with accessories, was
bought. Bridal showers were given and gifts received. And then, with but two days before the wedding, defendant, who
First, CDC is not administered, directed and supervised by a licensed physician as required by law, but by Ma. Ruby C. was then 28 years old,: simply left a note for plaintiff stating: "Will have to postpone wedding — My mother opposes it ... "
Calderon, a licensed Medical Technologist. In the License to Open and Operate a Clinical Laboratory, defendant-appellee He enplaned to his home city in Mindanao, and the next day, the day before the wedding, he wired plaintiff: "Nothing
Castro was named as the head of CDC. However, Castro’s infrequent visit to the clinical laboratory barely qualifies as an changed rest assured returning soon." But he never returned and was never heard from again.
effective administrative supervision and control over the activities in the laboratory. "Supervision and control" means the
authority to act directly whenever a specific function is entrusted by law or regulation to a subordinate; direct the Surely this is not a case of mere breach of promise to marry. As stated, mere breach of promise to marry is not an
performance of duty; restrain the commission of acts; review, approve, revise or modify acts and decisions of subordinate actionable wrong. But to formally set a wedding and go through all the above-described preparation and publicity, only to
officials or units. walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary
to good customs for which defendant must be held answerable in damages in accordance with Article 21 aforesaid.
Second, Garcia conducted the HBsAG test of respondent Ranida without the supervision of defendant-appellee Castro,
who admitted that he does not know, and has never known or met, the plaintiff-patient even up to this time nor has he Defendant urges that the award of moral and exemplary damages, in the amount of P25,000.00, should be totally
personally examined any specimen, blood, urine or any other tissue, from the plaintiff-patient. eliminated. Per express provision of Article 2219 (10) of the New Civil Code, moral damages are recoverable in the cases
mentioned in Article 21 of said Code. As to exemplary damages, defendant contends that the same could not be adjudged
Last, the disputed HBsAG test result was released to respondent Ranida without the authorization of defendant-appellee against him because under Article 2232 of the New Civil Code the condition precedent is that "the defendant acted in a
Castro. wanton, fraudulent, reckless, oppressive, or malevolent manner." The argument is devoid of merit as under the above-
Indubitably, Ranida suffered injury as a direct consequence of Garcia’s failure to comply with the mandate of the laws and narrated circumstances of this case defendant clearly acted in a "wanton ..., reckless [and] oppressive manner." This
rules aforequoted. Court's opinion, however, is that considering the particular circumstances of this case, P15,000.00 as moral and exemplary
damages is deemed to be a reasonable award.
Article 20 of the New Civil Code provides:
Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the
latter for the same. 12. Patricio v. Hon. Leviste G.R. No. L – 51832 April 26, 1989
FACTS: Petitioner Rafael Patricio, an ordained Catholic priest, and actively engaged in social and civic affairs in Pilar,
The foregoing provision provides the legal basis for the award of damages to a party who suffers damage whenever one Capiz, where he is residing, was appointed Director General of the 1976 Religious and Municipal Town Fiesta of Pilar,
commits an act in violation of some legal provision. This was incorporated by the Code Commission to provide relief to a Capiz.
person who suffers damage because another has violated some legal provision.
About 10pm, while a benefit dance was on-going in connection with the celebration of the town fiesta, petitioner together
C. Acts Contrary to Morals, Good Customs or Public Policy with two (2) policemen were posted near the gate of the public auditorium to check on the assigned watchers of the gate.
Private respondent Bienvenido Bacalocos, President of the Association of Barangay Captains of Pilar, Capiz and a
11. Wassmer v. Velez G.R. No. L – 20089 December 26, 1989 member of the Sangguniang Bayan, who was in a state of drunkenness and standing near the same gate together with
FACTS: Francisco X. Velez and Beatriz P. Wassmer, following their mutual promise of love, decided to get married and his companions, struck a bottle of beer on the table causing an injury on his hand which started to bleed. Then, he
set September 4, 1954 as the big day. On September 2, 1954 Velez left this note for his bride-to-be: approached petitioner in a hostile manner and asked the latter if he had seen his wounded hand, and before petitioner
could respond, private respondent, without provocation, hit petitioner's face with his bloodied hand. As a consequence, a
Dear Bet — commotion ensued and private respondent was brought by the policemen to the municipal building.
Will have to postpone wedding — My mother opposes it. Am leaving on the Convair today.
Please do not ask too many people about the reason why — That would only create a scandal. A criminal complaint for "Slander by Deed was filed by petitioner with the MTC, but the same was
Paquing dismissed. Subsequently, a complaint for damages was filed by petitioner and the court ruled in favor of herein petitioner
But the next day, September 3, he sent her the following telegram: holding private respondent liable to the former for moral damages as a result of the physical suffering, moral shock and
NOTHING CHANGED REST ASSURED RETURNING VERY SOON APOLOGIZE MAMA PAPA LOVE . social humiliation caused by private respondent's act of hitting petitioner on the face in public.
PAKING
Petitioner filed a motion for execution of judgement but it was denied by the court a quo because there was a pending MR
Thereafter Velez did not appear nor was he heard from again. filed by respondent. Petitioner filed an opposition to the MR alleging that he did not receive any notice nor was there proof
Beatriz sued for damages. Velez did not file an answer and was declared in default. Judgment was rendered ordering of service. Respondent said that the MR was sent by ordinary mail. The court found merit in the MR and dismissed the
defendant to pay plaintiff P2,000.00 as actual damages; P25,000.00 as moral and exemplary damages; P2,500.00 as case. Petitioner then filed this petition for review on certiorari in the SC.
attorney's fees; and the costs.
Pursuant to Art. 21 of the Civil Code in relation to par. (10) of Art. 2219 of the same Code, "any person who willfully causes ISSUE: Whether or not Carpio’s imputations against respondent was made with malice and in bad faith.
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." RULING: YES. There is sufficient evidence on record tending to prove that petitioner's imputations against respondent
was made with malice and in bad faith. Petitioner's testimony was shorn of substance and consists mainly of denials. Well-
Respondent then is liable for actual damages under Art 2219 which states: settled is the rule that denials, if unsubstantiated by clear and convincing evidence, are negative and self-serving which
ART. 2219. Moral damages may be recovered in the following and analogous cases merit no weight in law and cannot be given greater evidentiary value over the testimony of credible witnesses who testify
xxx on affirmative matters.
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
xxx xxx xxx Incorporated into our civil law are not only principles of equity but also universal moral precepts which are designed to
indicate certain norms that spring from the fountain of good conscience and which are meant to serve as guides for human
The fact that no actual or compensatory damage was proven before the trial court, does not adversely affect petitioner's conduct. First of these fundamental precepts is the principle commonly known as “abuse of rights” under Article 19 of the
right to recover moral damages. Moral damages may be awarded in appropriate cases referred to in the chapter on human Civil Code. It provides that “Every person must, in the exercise of his rights and in the performance of his duties, act with
relations of the Civil Code (Articles 19 to 36), without need of proof that the wrongful act complained of had caused any justice, give everyone his due and observe honesty and good faith.” To find the existence of an abuse of right, the following
physical injury upon the complainant. It is clear from the report of the Code Commission that the reason underlying an elements must be present: (1) there is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent or
award of damages under Art. 21 of the Civil Code is to compensate the injured party for the moral injury caused upon his prejudicing or injuring another.
person, thus —
Petitioner had willfully caused injury to respondent in a manner which is contrary to morals and good customs. Her firmness
... . Fully sensible that there are countless gaps in the statutes, which leave so many victims of moral and resolve to find her missing jewelry cannot justify her acts toward respondent. She did not act with justice and good
wrongs helpless, even though they have actually suffered material and moral injury, the Commission has faith for apparently, she had no other purpose in mind but to prejudice respondent. Certainly, petitioner transgressed the
deemed it necessary, in the interest of justice, to incorporate [Art 21] provisions of Article 19 in relation to Article 21 for which she should be held accountable.
Petition granted.
Affirmed that actual damages has not been substantiated with satisfactory evidence during the trial and must therefore be
13. Carpio v. Valmonte G.R. No. 151866 September 9, 2004 denied be granted . Moral damages is correctly awarded.
FACTS: Respondent Leonora Valmonte is a wedding coordinator. Michelle del Rosario and Jon Sierra engaged her
services for their church wedding. At about 4:30 p.m. on that day, Valmonte went to the Manila Hotel where the bride and D. Violation of Human Dignity and Privacy
her family were billeted. When she arrived at Suite 326-A, several persons were already there and among those present
was petitioner Soledad Carpio, an aunt of the bride. 14. Spouses Hing v. Choachuy G.R. No. 179736 December 26, 1964
FACTS: Petitioner-spouses Bill and Victoria Hing led with the RTC of Mandaue City a Complaint for Injunction and
Valmonte went out of the suite and proceeded to the Maynila Restaurant(reeception). She paid the suppliers, gave the Damages with prayer for issuance of a Writ of Preliminary Mandatory Injunction/Temporary Restraining Order (TRO),
meal allowance to the band, and went back to the suite. Upon entering the suite, Valmonte noticed the people staring at docketed as Civil Case MAN-5223 and raffled to Branch 28, against respondents Alexander Choachuy, Sr. and Allan
her. It was at this juncture that petitioner allegedly uttered the following words to Valmonte: “Ikaw lang ang lumabas ng Choachuy.
kwarto, nasaan ang dala mong bag? Saan ka pumunta? Ikaw lang ang lumabas ng kwarto, ikaw ang kumuha.” Carpio
then ordered one of the ladies to search Valmonte's bag. It turned out that after Valmonte left the room to attend to her Spouses Hing alleged that they are the registered owners of a parcel of land situated in Barangay Basak, City of Mandaue,
duties, Carpio discovered that the pieces of jewelry which she placed inside the comfort room in a paper bag were lost. Cebu; that respondents are the owners of Aldo Development & Resources, Inc. (Aldo) located at a lot, adjacent to the
The jewelry pieces consist of 2 diamond rings, 1 set of diamond earrings, bracelet and necklace with a total value of about property of petitioners; that respondents constructed an auto-repair shop building (Aldo Goodyear Servitec); that in April
1Million. The hotel security was called in to help in the search. The bags and personal belongings of all the people inside 2005, Aldo filed a case against petitioners for Injunction and Damages with Writ of Preliminary Injunction/TRO, that in that
the room were searched. Valmonte was allegedly bodily searched, interrogated and trailed by a security guard throughout case, Aldo claimed that petitioners were constructing a fence without a valid permit and that the said construction would
the evening. Later, police officers arrived and interviewed all persons who had access to the suite and fingerprinted them destroy the wall of its building, which is adjacent to petitioners' property; that the court, in that case, denied Aldo's
including Valmonte. During all the time Valmonte was being interrogated by the police officers, petitioner kept on saying application for preliminary injunction for failure to substantiate its allegations; that, in order to get evidence to support the
the words “Siya lang ang lumabas ng kwarto.” Valmonte's car which was parked at the hotel premises was also searched said case, respondents illegally set-up and installed on the building of Aldo Goodyear Servitec 2 video surveillance
but the search yielded nothing. cameras facing petitioners' property; that respondents, through their employees and without the consent of petitioners,
also took pictures of petitioners' on-going construction; and that the acts of respondents violate petitioners' right to
After a few days, Valmonte sent a letter to Carpio demanding a formal letter of apology which she wanted to be circulated privacy.Thus, petitioners prayed that respondents be ordered to remove the video surveillance cameras and enjoined from
to the newlyweds' relatives and guests to redeem her smeared reputation as a result of petitioner's imputations against conducting illegal surveillance.
her. Since Carpio did not respond, Valmonte filed a suit for damages against her before the RTC of Pasig City(Br. 268). In
her complaint, Valmonte prayed that petitioner be ordered to pay actual, moral and exemplary damages, as well as In their Answer with Counterclaim, respondents claimed that they did not install the video surveillance cameras, nor did
attorney's fees. they order their employees to take pictures of petitioners' construction. They also clarified that they are not the owners of
Aldo but are mere stockholders.
RTC: dismissed Valmonte's complaint for damages
1. Carpio is merely exercising her legal right. If damage results in its exercise it is damnum absque injuria. RTC: granted the application for a TRO
2. No proof was presented by Valmonte to show that petitioner acted maliciously and in bad faith in pointing to her CA: granted Petition for Certiorari (Rule 65). Writ of Preliminary Injunction was issued with grave abuse of discretion
as the culprit. (failure to show that Valmonte suffered serious anxiety, moral shock, social humiliation, or that her because petitioners failed to show a clear and unmistakable right to an injunctive writ. The CA explained that the right to
reputation was besmirched due to petitioner's wrongful act) privacy of residence under Article 26 (1) of the Civil Code was not violated since the property subject of the controversy is
not used as a residence.
CA: Reversed
ISSUE: Whether or not there is a violation of petitioners' right to privacy.
Article 26 (1) of the Civil Code protects an individual's right to privacy and provides a legal remedy against abuses that RULING: YES. The factual findings provide enough basis in law for the award of damages by the Court of Appeals in
may be committed against him by other individuals.This provision recognizes that a man's house is his castle, where his favor of respondents. We reject petitioner's posture that no legal provision supports such award, the incident complained
right to privacy cannot be denied or even restricted by others. It includes "any act of intrusion into, peeping or peering of neither falling under Art. 2219 nor Art. 26 of the Civil Code. It does not need further elucidation that the incident charged
inquisitively into the residence of another without the consent of the latter." The phrase "prying into the privacy of another's of petitioner was no less than an invasion on the right of respondent Nestor as a person. The philosophy behind Art. 26
residence," however, does not mean that only the residence is entitled to privacy. As elucidated by Civil law expert Arturo underscores the necessity for its inclusion in our civil law. The Code Commission stressed in no uncertain terms that the
M. Tolentino: human personality must be exalted. The sacredness of human personality is a concomitant consideration of every plan for
human amelioration. The touchstone of every system of law, of the culture and civilization of every country, is how far it
Our Code specifically mentions "prying into the privacy of another's residence." This does not mean, however, that only dignifies man. If the statutes insufficiently protect a person from being unjustly humiliated, in short, if human personality is
the residence is entitled to privacy, because the law covers also "similar acts." A business office is entitled to the same not exalted — then the laws are indeed defective. Thus, under this article, the rights of persons are amply protected, and
privacy when the public is excluded therefrom and only such individuals as are allowed to enter may come in. . . . (Emphasis damages are provided for violations of a person's dignity, personality, privacy and peace of mind.
supplied)
It is petitioner's position that the act imputed to him does not constitute any of those enumerated in Arts. 26 and 2219. In
Thus, an individual's right to privacy under Article 26 (1) of the Civil Code should not be confined to his house or residence this respect, the law is clear. The violations mentioned in the codal provisions are not exclusive but are merely examples
as it may extend to places where he has the right to exclude the public or deny them access. The phrase "prying into the and do not preclude other similar or analogous acts. Damages therefore are allowable for actions against a person's
privacy of another's residence," therefore, covers places, locations, or even situations which an individual considers as dignity, such as profane, insulting, humiliating, scandalous or abusive language. Under Art. 2217 of the Civil Code, moral
private. And as long as his right is recognized by society, other individuals may not infringe on his right to privacy. The CA, damages which include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
therefore, erred in limiting the application of Article 26 (1) of the Civil Code only to residences. feelings, moral shock, social humiliation, and similar injury, although incapable of pecuniary computation, may be
recovered if they are the proximate result of the defendant's wrongful act or omission.
The "reasonable expectation of privacy" test is used to determine whether there is a violation of the right to privacy.
In ascertaining whether there is a violation of the right to privacy, courts use the "reasonable expectation of privacy" test. There is no question that private respondent Nestor Nicolas suffered mental anguish, besmirched reputation, wounded
This test determines whether a person has a reasonable expectation of privacy and whether the expectation has been feelings and social humiliation as a proximate result of petitioner's abusive, scandalous and insulting language.
violated. In Ople v. Torres, we enunciated that "the reasonableness of a person's expectation of privacy depends on a two-
part test: (1) whether, by his conduct, the individual has exhibited an expectation of privacy; and (2) this expectation is one 16. Manaloto v. Veloso III G.R. No. 171365 October 6, 2010
that society recognizes as reasonable." Customs, community norms, and practices may, therefore, limit or extend an FACTS: This case sprung from an unlawful detainer (UD) case filed by petitioners herein against respondent, alleging in
individual's "reasonable expectation of privacy." Hence, the reasonableness of a person's expectation of privacy must be the complaint that the former are lessors of a residential house located at No. 42 Big Horseshoe Drive, Horseshoe Village,
determined on a case-to-case basis since it depends on the factual circumstances surrounding the case. Quezon City, which property was leased to respondent Jongco at a monthly rental of 17,000. This action was then instituted
on the ground that respondents failed to pay rentals from May 1997 to December 1998 despite repeated demands.
15. Concepcion v. Court of Appeals G.R. No. 120706 January 31, 2000 Respondent Jongco denied the non-payment and alleged that he had already made advanced payments of 825k when he
FACTS: In 1985, the Sps Nestor and Allem Nicolas resided at No. 51 M. Concepcion St., San Joaquin, Pasig City, in an paid for repairs done on the leased property.
apartment leased to them by the owner, Florence "Bing" Concepcion, who also resided in the same compound where the
apartment was located. Nestor was then engaged in the business of supplying government agencies and private entities MeTC decided in favor of Manaloto et al, ordering respondent to vacate the premises, pay petitioners sum of 306k as
with office equipment, appliances and other fixtures on a cash purchase or credit basis. Florence joined this venture by rentals from May 1997 to Nov 1998, and 17k a month thereafter until respondent vacates the premises, and pay petitioners
contributing capital on condition that after her capital investment was returned to her, any profit earned would be divided 5k as atty’s fees.
equally between her and Nestor.
RTC Br 88 reversed MeTC decision; Respondent was ordered to pay arrearages from May 1997 up to date of decision
Sometime in the 2nd week of July, Rodrigo Concepcion, brother of the deceased husband of Florence, angrily accosted but he was also given an option to choose between staying in the leased property or vacating the same, subject to
Nestor at the latter's apartment and accused him of conducting an adulterous relationship with Florence. reimbursement by petitioners of ½ of the value of the improvements in the amt of 120k. Respondent was also given the
To clarify matters, Nestor went with Rodrigo, upon the latter's dare, to see some relatives of the Concepcion family who right to remove said improvements pursuant to Art 1678 of the CC, should petitioners refuse to pay 60k.
allegedly knew about the relationship. However, those whom they were able to see denied knowledge of the alleged affair. MR was filed, which was granted by RTC; it issued an Order modifying the previous ruling, increasing the value of
The same accusation was hurled by Rodrigo against Nestor when the 2 confronted Florence at the terrace of her residence. the improvements from 120 to 800k.
Florence denied the imputations and Rodrigo backtracked saying that he just heard the rumor from a relative. Thereafter, After successive appeals to the CA and SC, the decision of the RTC (reversing the decision of the MeTC) became
however, Rodrigo called Florence over the telephone reiterating his accusation and threatening her that should something final and executory.
happen to his sick mother, in case the latter learned about the affair, he would kill Florence.
During the appeal by respondents before the RTC Br 88 of the UD case, respondent also filed before the RTC Br 227 a
As a result of this incident, Nestor felt extreme embarrassment and shame to the extent that he could no longer face his complaint for breach of contract and damages against petitioners, alleging two causes of action – 1) for damages due to
neighbors. Florence also ceased to do business with him by not contributing capital anymore so much so that the business embarrassment and humiliation suffered by respondent when petitioners distributed copies of the abovementioned MeTC
venture of the Nicolas spouses declined as they could no longer cope with their commitments to their clients and ruling in the unlawful detainer case while respondent’s appeal was still pending before the RTC Br 88; 2) for breach of
customers. To make matters worse, Allem started to doubt Nestor's fidelity resulting in frequent bickerings and quarrels contract since petitioners as lessors failed to make continuing repairs on the subject property.
during which Allem even expressed her desire to leave her husband. Consequently, Nestor was forced to write Rodrigo
demanding public apology and payment of damages. Rodrigo pointedly ignored the demand, for which reason the Nicolas Petitioners filed an Omnibus Motion praying for the dismissal of respondent’s complaint, alleging that respondent had
spouses led a civil suit against him for damages. no cause of action because the MeTC decision in the UD case was a matter of public record and its disclosure was not in
violation of law or legal right.
RTC: ruled in favor of Nestor: ordered Rodrigo to pay respondent spouses the sums of P50,000 for moral damages,
P25,000 for exemplary damages and P10,000.00 for attorney's fees, plus the costs of suit. RTC Br 227 For petitioners; dismissed respondent’s complaint for violating rules against splitting of cause of action,
lack of jurisdiction, and failure to disclose the pendency of a related case; that the case before it had the same facts,
CA: affirmed decision of RTC parties, causes of action as those in the UD case.
Petitioner claims absence of factual and legal basis for the award of damages. The alleged act imputed to him does not After multiple motions for reconsideration, RTC Br 227 granted the latest motion and consequently forwarded the case to
fall under Arts. 26 and 2219 of the Civil Code since it does not constitute libel, slander, or any other form of defamation. the CA.
In every tort case filed under Article 2176 of the Civil Code, the plaintiff has to prove by a preponderance of evidence: (1) St. Louis answered, claimed that it was an honest mistake and that if Armil desired, rectification would be published in
the damages suffered by him; (2) the fault or negligence of the defendant or some other person to whose act he must The Manila Times.
respond; (3) the connection of cause and effect between the fault or negligence and the damages incurred; and (4) that
there must be no preexisting contractual relation between the parties. Manila Times, March 18 1969 a new ad with the Arcadio Family and their real house was published. But no apology to
Dr. Armil nor an explanation of the error was published.
On the other hand, Article 26 of the Civil Code grants a cause of action for damages, prevention, and other relief in cases
of breach, though not necessarily constituting a criminal offense, of the following rights: (1) right to personal dignity; (2) Dr. Armil Filed a complaint for damages.
right to personal security; (3) right to family relations; (4) right to social intercourse; (5) right to privacy; and (6) right to
peace of mind. St Louis in the April 15 1969 issue of the Manila Times, published a notice of rectification in a space 4x3inches.
A scrutiny of Gregorio’s civil complaint reveals that the averments thereof, taken together, fulfill the elements of Article Judge Luterio Observed that St Louis should have IMMEDIATELY published a rectification and apology, and found that
2176, in relation to Article 26 of the Civil Code. It appears that Gregorio’s rights to personal dignity, personal security, as a result of the mistake and utter lack of sincerity, Dr. Armil suffered mental anguish and his income was reduced by about
privacy, and peace of mind were infringed by Sansio and Datuin when they failed to exercise the requisite diligence in 1k to 1.5k a month, and such was a violation of Armil’s right to privacy (Art 26, CC).
determining the identity of the person they should rightfully accuse of tendering insufficiently funded checks.
Trial Court awarded actual damages 8k, moral 20k, atty’s fees 2k.
Sansio and Datuin are in error when they insist that Gregorio’s complaint is based on malicious prosecution. In an
action to recover damages for malicious prosecution, it must be alleged and established that Sansio and Datuin CA affirmed trial court; that St Louis committed an actionable QD under Art 21 and 26 of the CC since the ads pictured
were impelled by legal malice or bad faith in deliberately initiating an action against Gregorio, knowing that the charges a beautiful house which did not belong to Arcadio but to Dr. Armil.
were false and groundless, intending to vex and humiliate her. As previously mentioned, Gregorio did not allege this in her
complaint. Moreover, the fact that she prayed for moral damages did not change the nature of her action based on quasi- ISSUE: Whether or not there was a violation of Dr. Armil’s Right to Privacy and Human Dignity in this case
delict. She might have acted on the mistaken notion that she was entitled to moral damages, considering that she suffered
physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, and RULING:
social humiliation on account of her indictment and her sudden arrest. YES.
Procedural aspect: In this appeal, St. Louis Realty contends that the Appellate Court ignored certain facts and resorted to
18. St. Louis Realty Corporation v. Court of Appeals G.R. No. L – 46061 November 14, 1984 surmises and conjectures. This contention is unwarranted. The Appellate Court adopted the facts found by the trial court.
FACTS: Case for recovery of damages based on a wrongful advertisement in the Sunday Times where petitioner Those factual findings are binding on this Court.
corporation misrepresented that the house of Dr. Conrado J. Armil belonged to Arcadio S. Arcadio.
Substantive aspect: St. Louis Realty also contends that the decision is contrary to law and that the case was decided in a
St Louis caused to be published with the permission of Arcadio (but without permission from Dr. Armil) in the Dec 15 way not in conformity with the rulings of this Court. It argues that the case is not covered by article 26 which provides that
1968 Sunday Times an ad with the heading “WHERE THE HEART IS”, below such heading was a photograph of the "every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons". "Prying
residence/house of Dr. Armil and the Arcadio family (indicating that the Arcadio family lived in Dr. Armil’s house), and into the privacy of another's residence" and "meddling with or disturbing the private life or family relations of
below the photograph was the following write up: another" and "similar acts", "though they may not constitute a criminal offense, shall produce a cause of action for
Home is where the heart is. And the hearts of MR. AND MRS. ARCADIO S. ARCADIO and their family damages, prevention and other relief".
have been captured by BROOKSIDE HILLS. They used to rent a small 2-bedroom house in a cramped
neighborhood, sadly inadequate and unwholesome for the needs of a large family. They dream(ed) of a
E. Unjustified Refusal or Neglect of a Public Servant to Perform Official Duties On March 1, 2012, Julia, Julienne, Angela, and the other students in the pictures in question, reported, as required, to the
office of Sr. Celeste Ma. Purisima Pe (Sr. Purisima), STC's high school principal and ICM Directress. They claimed that
19. Amaro v. Sumanguit G.R. No. L – 14986 during the meeting, they were castigated and verbally abused by the STC officials present in the conference, including
FACTS: Appellants filed suit for damages in the Court of First Instance of Negros Occidental against the chief of police of Assistant Principal Mussolini S. Yap (Yap), Roswinda Jumiller, and Tigol. What is more, Sr. Purisima informed their parents
the City of Silay. Although not specifically alleged in the complaint, it is admittedly by both parties, as shown in their the following day that, as part of their penalty, they are barred from joining the commencement exercises scheduled on
respective briefs, that the action is predicated on Articles 21 and/or 27 of the Civil Code March 30, 2012. EDHCSI
The complaint was dismissed upon appellee's motion in the court below on the ground that it does not state facts sufficient
to constitute a cause of action. The only question now before us refers to correctness of the order of dismissal. A week before graduation, or on March 23, 2012, Angela's mother, Dr. Armenia M. Tan (Tan), filed a Petition for Injunction
and Damages before the RTC of Cebu City against STC, et al., docketed as Civil Case No. CEB-38594. In it, Tan prayed
The pertinent allegations in the complaint are that on October 5, 1958 appellant Jose Amaro was assaulted and shot at that defendants therein be enjoined from implementing the sanction that precluded Angela from joining the commencement
near the city government building of Silay; that the following day he, together with his father (Cornelio Amaro) and his exercises. On March 25, 2012, petitioner Rhonda Ave Vivares (Vivares), the mother of Julia, joined the fray as an
witnesses, "went to the office of the defendant but instead of obtaining assistance to their complaint they were harassed intervenor.
and terrorized;" that in view thereof they "gave up and renounced their right and interest in the prosecution of the crime. .
. .;" that upon advice of the City Mayor given to appellee an investigation (of said crime) was conducted and as a result On March 28, 2012, defendants in Civil Case No. CEB-38594 filed their memorandum, containing printed copies of the
the city attorney of Silay was about to file or had already filed an information for illegal discharge of firearms against the photographs in issue as annexes. That same day, the RTC issued a temporary restraining order (TRO) allowing the
assailant; and that "having finished the investigation of the crime complained of, the defendant chief of police is now students to attend the graduation ceremony, to which STC filed a motion for reconsideration.
harassing the plaintiffs in their daily work, ordering them thru his police to appear in his office when he is absent, and he
is about to order the arrest of the plaintiffs to take their signatures in prepared affidavits exempting the police from any Despite the issuance of the TRO, STC, nevertheless, barred the sanctioned students from participating in the graduation
dereliction of duty in their case against the perpetrator of the crime." rites, arguing that, on the date of the commencement exercises, its adverted motion for reconsideration on the issuance
of the TRO remained unresolved.
ISSUE: Whether or not the dismissal was correct?
Thereafter, petitioners filed before the RTC a Petition for the Issuance of a Writ of Habeas Data, docketed as SP. Proc.
RULING: We are of the opinion that the facts set out constitute an actionable dereliction on appellee's part in the light of No. 19251-CEB on the basis of the following considerations:
Article 27 of the Civil Code. That appellants were "harassed and terrorized" may be a conclusion of law and hence 1. The photos of their children in their undergarments (e.g., bra) were taken for posterity before they changed into
improperly pleaded. Their claim for relief, however, is not based on the fact of harassment and terrorization but on their swimsuits on the occasion of a birthday beach party;
appellee's refusal to give them assistance, which it was his duty to do as an officer of the law. The requirement under the 2. The privacy setting of their children's Facebook accounts was set at "Friends Only." They, thus, have a reasonable
aforesaid provision that such refusal must be "without just cause" is implicit in the context of the allegation. The statement expectation of privacy which must be respected.
of appellee's dereliction is repeated in a subsequent paragraph of the complaint, where it is alleged that "he is about to 3. Respondents, being involved in the field of education, knew or ought to have known of laws that safeguard the
order the arrest of the plaintiffs" to make them sign affidavits of exculpation in favor of the policeman. right to privacy. Corollarily, respondents knew or ought to have known that the girls, whose privacy has been
invaded, are the victims in this case, and not the offenders. Worse, after viewing the photos, the minors were called
F. Cyber Torts "immoral" and were punished outright;
4. The photos accessed belong to the girls and, thus, cannot be used and reproduced without their consent.
20. Vivares v. St. Theresa’s College G.R. No. 202666 September 29, 2014 Escudero, however, violated their rights by saving digital copies of the photos and by subsequently showing them
FACTS: Nenita Julia V. Daluz (Julia) and Julienne Vida Suzara (Julienne), both minors, were, during the period material, to STC's officials. Thus, the Facebook accounts of petitioners' children were intruded upon;
graduating high school students at St. Theresa's College (STC), Cebu City. Sometime in January 2012, while changing 5. The intrusion into the Facebook accounts, as well as the copying of information, data, and digital images happened
into their swimsuits for a beach party they were about to attend, Julia and Julienne, along with several others, took digital at STC's Computer Laboratory; and
pictures of themselves clad only in their undergarments. These pictures were then uploaded by Angela Lindsay Tan 6. All the data and digital images that were extracted were boldly broadcasted by respondents through their
(Angela) on her Facebook profile. memorandum submitted to the RTC in connection with Civil Case No. CEB-38594.
Back at the school, Mylene Rheza T. Escudero (Escudero), a computer teacher at STC's high school department, learned To petitioners, the interplay of the foregoing constitutes an invasion of their children's privacy and, thus, prayed that: (a) a
from her students that some seniors at STC posted pictures online, depicting themselves from the waist up, dressed only writ of habeas data be issued; (b) respondents be ordered to surrender and deposit with the court all soft and printed
in brassieres. Escudero then asked her students if they knew who the girls in the photos are. In turn, they readily identified copies of the subject data before or at the preliminary hearing; and (c) after trial, judgment be rendered declaring all
Julia, Julienne, and Chloe Lourdes Taboada (Chloe), among others. information, data, and digital images accessed, saved or stored, reproduced, spread and used, to have been illegally
obtained in violation of the children's right to privacy.
Using STC's computers, Escudero's students logged in to their respective personal Facebook accounts and showed her
photos of the identified students, which include: (a) Julia and Julienne drinking hard liquor and smoking cigarettes inside Finding the petition sufficient in form and substance, the RTC, through an Order dated July 5, 2012, issued the writ
a bar; and (b) Julia and Julienne along the streets of Cebu wearing articles of clothing that show virtually the entirety of of habeas data. Through the same Order, herein respondents were directed to file their verified written return, together
their black brassieres. What is more, Escudero's students claimed that there were times when access to or the availability with the supporting affidavits, within five (5) working days from service of the writ.
of the identified students' photos was not confined to the girls' Facebook friends, but were, in fact, viewable by any In time, respondents complied with the RTC's directive and filed their verified written return, laying down the following
Facebook user. grounds for the denial of the petition, viz.: (a) petitioners are not the proper parties to file the petition; (b) petitioners are
Besides, the overbreadth challenge places on petitioners the heavy burden of proving that under no set of circumstances The Court held, the press, whether in quest of news reporting or social investigation, has nothing to fear since a special
will Section 4(a)(3) be valid.Petitioner has failed to discharge this burden. circumstance is present to negate intent to gain which is required by this Section.
Hence, valid and constitutional.
Hence, valid and constitutional.
3. Section 4(a)(6) of the Cybercrime Law
Section 4(a)(6) provides: 5. Section 4(c)(1) of the Cybercrime Law
(6) Cyber-squatting. The acquisition of domain name over the internet in bad faith to profit, mislead, destroy Section 4(c)(1) provides:
the reputation, and deprive others from registering the same, if such a domain name is: (c) Content-related Offenses:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate (1) Cybersex. The willful engagement, maintenance, control, or operation, directly or indirectly, of any
government agency at the time of the domain name registration; lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal consideration.
name; and
(iii) Acquired without right or with intellectual property interests in it. Petitioners claim that the above violates the freedom of expression clause.They express fear that private communications
of sexual character between husband and wife or consenting adults, which are not regarded as crimes under the penal
Petitioners claim that Section 4(a)(6) or cyber-squatting violates the equal protection clausein that, not being narrowly code, would now be regarded as crimes when done "for favor" in cyberspace. In common usage, the term "favor" includes
tailored, it will cause a user using his real name to suffer the same fate as those who use aliases or take the name of "gracious kindness," "a special privilege or right granted or conceded," or "a token of love (as a ribbon) usually worn
another in satire, parody, or any other literary device. conspicuously."This meaning given to the term "favor" embraces socially tolerated trysts. The law as written would invite
law enforcement agencies into the bedrooms of married couples or consenting individuals.
The law is reasonable in penalizing the offender for acquiring the domain name in bad faith to profit, mislead, destroy The Act actually seeks to punish cyber prostitution, white slave trade, and pornography for favor and consideration. This
reputation, or deprive others who are not ill-motivated of the rightful opportunity of registering the same. includes interactive prostitution and pornography, i.e., by webcam.
Hence, valid and constitutional. Likewise, engaging in sexual acts privately through internet connection, perceived by some as a right, has to be balanced
with the mandate of the State to eradicate white slavery and the exploitation of women.
4. Section 4(b)(3) of the Cybercrime Law
Section 4(b)(3) provides: Hence, valid and constitutional.
b) Computer-related Offenses:
xxxx 6. Section 4(c)(2) of the Cybercrime Law
(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer, possession, alteration, or Section 4(c)(2) provides:
deletion of identifying information belonging to another, whether natural or juridical, without right: Provided: that if (2) Child Pornography. The unlawful or prohibited acts defined and punishable by Republic Act No. 9775
no damage has yet been caused, the penalty imposable shall be one (1) degree lower. or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the
penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
Petitioners claim that Section 4(b)(3) violates the constitutional rights to due process and to privacy and correspondence,
and transgresses the freedom of the press. The above merely expands the scope of the Anti-Child Pornography Act of 2009(ACPA) to cover identical activities in
cyberspace. In theory, nothing prevents the government from invoking the ACPA when prosecuting persons who commit
In Morfe v. Mutuc,it ruled that the right to privacy exists independently of its identification with liberty; it is in itself fully child pornography using a computer system. Actually, ACPAs definition of child pornography already embraces the use of
deserving of constitutional protection. "electronic, mechanical, digital, optical, magnetic or any other means."
Relevant to any discussion of the right to privacy is the concept known as the "Zones of Privacy." Of course, the law makes the penalty higher by one degree when the crime is committed in cyberspace. But no one can
complain since the intensity or duration of penalty is a legislative prerogative and there is rational basis for such higher
Zones of privacy are recognized and protected in our laws. Within these zones, any form of intrusion is impermissible penalty.The potential for uncontrolled proliferation of a particular piece of child pornography when uploaded in the
unless excused by law and in accordance with customary legal process. The meticulous regard we accord to these zones cyberspace is incalculable.
arises not only from our conviction that the right to privacy is a "constitutional right" and "the right most valued by civilized
men," but also from our adherence to the Universal Declaration of Human Rights which mandates that, "no one shall be Hence, valid and constitutional.
subjected to arbitrary interference with his privacy" and "everyone has the right to the protection of the law against such
interference or attacks." In the Matter of the Petition for Issuance of Writ of Habeas Corpus of Sabio v. Senator Gordon, 7. Section 4(c)(3) of the Cybercrime Law
535 Phil. 687, 714-715 (2006). Section 4(c)(3) provides:
To prohibit the transmission of unsolicited ads would deny a person the right to read his emails, even unsolicited 9. Section 5 of the Cybercrime Law
commercial ads addressed to him. Unsolicited advertisements are legitimate forms of expression. Section 5 provides:
Sec. 5. Other Offenses. The following acts shall also constitute an offense:
Hence, void for being unconstitutional. (a) Aiding or Abetting in the Commission of Cybercrime. Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held liable.
8. Articles 353, 354, and 355 of the Penal Code and Section 4(c)(4) of the Cyber Crime Law (b) Attempt in the Commission of Cybercrime. Any person who willfully attempts to commit any of the
Petitioners dispute the constitutionality of both the penal code provisions on libel as well as Section 4(c)(4) of the offenses enumerated in this Act shall be held liable.
Cybercrime Prevention Act on cyberlibel.
Petitioners assail the constitutionality of Section 5 that renders criminally liable any person who willfully abets or aids in
The RPC provisions on libel read: the commission or attempts to commit any of the offenses enumerated as cybercrimes. It suffers from overbreadth, creating
Art. 353. Definition of libel. A libel is public and malicious imputation of a crime, or of a vice or defect, real a chilling and deterrent effect on protected expression.
or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. The Solicitor General contends, however, that the current body of jurisprudence and laws on aiding and abetting sufficiently
protects the freedom of expression of "netizens," the multitude that avail themselves of the services of the internet. He
Art. 354. Requirement for publicity. Every defamatory imputation is presumed to be malicious, even if it be points out that existing laws and jurisprudence sufficiently delineate the meaning of "aiding or abetting" a crime as to
true, if no good intention and justifiable motive for making it is shown, except in the following cases: protect the innocent. The Solicitor General argues that plain, ordinary, and common usage is at times sufficient to guide
1. A private communication made by any person to another in the performance of any legal, moral or social law enforcement agencies in enforcing the law.
duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative Libel in the cyberspace can of course stain a persons image with just one click of the mouse. Scurrilous statements can
or other official proceedings which are not of confidential nature, or of any statement, report or speech spread and travel fast across the globe like bad news. Moreover, cyberlibel often goes hand in hand with cyberbullying
delivered in said proceedings, or of any other act performed by public officers in the exercise of their that oppresses the victim, his relatives, and friends, evoking from mild to disastrous reactions. Still, a governmental
functions. purpose, which seeks to regulate the use of this cyberspace communication technology to protect a persons reputation
and peace of mind, cannot adopt means that will unnecessarily and broadly sweep, invading the area of protected
Art. 355. Libel means by writings or similar means. A libel committed by means of writing, printing, freedoms. Griswold v. Connecticut, 381 U.S. 479 (1965).
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 If such means are adopted, self-inhibition borne of fear of what sinister predicaments await internet users will suppress
ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the otherwise robust discussion of public issues. Democracy will be threatened and with it, all liberties. Penal laws should
offended party. provide reasonably clear guidelines for law enforcement officials and triers of facts to prevent arbitrary and discriminatory
enforcement. (Adonis) G.R. No. 203378The terms "aiding or abetting" constitute broad sweep that generates chilling effect
The libel provision of the cybercrime law, on the other hand, merely incorporates to form part of it the provisions of the on those who express themselves through cyberspace posts, comments, and other messages.
RPC on libel. Thus Section 4(c)(4) reads:
Hence, Section 5 of the cybercrime law that punishes "aiding or abetting" libel on the cyberspace is a nullity.
Sec. 4. Cybercrime Offenses. The following acts constitute the offense of cybercrime punishable under
this Act: As already stated, the cyberspace is an incomparable, pervasive medium of communication. It is inevitable that any
xxxx government threat of punishment regarding certain uses of the medium creates a chilling effect on the constitutionally-
Online libel is different. There should be no question that if the published material on print, said to be libelous, is again Traffic data refer only to the communications origin, destination, route, time, date, size, duration, or type of underlying
posted online or vice versa, that identical material cannot be the subject of two separate libels. The two offenses, one a service, but not content, nor identities.
violation of Article 353 of the Revised Penal Code and the other a violation of Section 4(c)(4) of R.A. 10175 involve
essentially the same elements and are in fact one and the same offense. Indeed, the OSG itself claims that online libel All other data to be collected or seized or disclosed will require a court warrant.
under Section 4(c)(4) is not a new crime but is one already punished under Article 353. Section 4(c)(4) merely establishes
the computer system as another means of publication. Charging the offender under both laws would be a blatant violation Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the
of the proscription against double jeopardy. above-stated information.
The Court RESOLVES to LEAVE THE DETERMINATION of the correct application of Section 7 that authorizes The court warrant required under this section shall only be issued or granted upon written application and the examination
prosecution of the offender under both the Revised Penal Code and Republic Act 10175 to actual cases, WITH THE under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable
EXCEPTION of the crimes of: grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about
1. Online libel as to which, charging the offender under both Section 4(c)(4) of Republic Act 10175 and Article to be committed; (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the
353 of the Revised Penal Code constitutes a violation of the proscription against double jeopardy; as well as conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other
2. Child pornography committed online as to which, charging the offender under both Section 4(c)(2) of Republic means readily available for obtaining such evidence.
Act 10175 and Republic Act 9775 or the Anti-Child Pornography Act of 2009 also constitutes a violation of the
same proscription, and, in respect to these, is void and unconstitutional. Petitioners assail the grant to law enforcement agencies of the power to collect or record traffic data in real time as tending
to curtail civil liberties or provide opportunities for official abuse. They claim that data showing where digital messages
12. Section 8 of the Cybercrime Law come from, what kind they are, and where they are destined need not be incriminating to their senders or recipients before
Section 8 provides: they are to be protected. Petitioners invoke the right of every individual to privacy and to be protected from government
Sec. 8. Penalties. Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and snooping into the messages or information that they send to one another.
4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or Undoubtedly, the State has a compelling interest in enacting the cybercrime law for there is a need to put order to the
both. tremendous activities in cyberspace for public good. To do this, it is within the realm of reason that the government should
be able to monitor traffic data to enhance its ability to combat all sorts of cybercrimes.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment
of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both. Informational privacy has two aspects: the right not to have private information disclosed, and the right to live freely without
surveillance and intrusion. In determining whether or not a matter is entitled to the right to privacy, this Court has laid down
Hence, void for being unconstitutional Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the
computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the
14. Section 13 of the Cybercrime Law necessary information, to enable the undertaking of the search, seizure and examination.
Section 13 provides:
Sec. 13. Preservation of Computer Data. The integrity of traffic data and subscriber information relating to Law enforcement authorities may request for an extension of time to complete the examination of the computer data
communication services provided by a service provider shall be preserved for a minimum period of six (6) storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval
months from the date of the transaction. Content data shall be similarly preserved for six (6) months from by the court.
the date of receipt of the order from law enforcement authorities requiring its preservation. Petitioners challenge Section 15 on the assumption that it will supplant established search and seizure procedures.
Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer The exercise of these duties do not pose any threat on the rights of the person from whom they were taken. Section 15
data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such does not appear to supersede existing search and seizure rules but merely supplements them.
service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the Hence, valid and constitutional.
computer data until the termination of the case.
17. Section 17 of the Cybercrime Law
The service provider ordered to preserve computer data shall keep confidential the order and its compliance. Section 17 provides:
Sec. 17. Destruction of Computer Data. Upon expiration of the periods as provided in Sections 13 and 15,
Petitioners in G.R. No. 203391 (Palatino v. Ochoa)claim that Section 13 constitutes an undue deprivation of the right to service providers and law enforcement authorities, as the case may be, shall immediately and completely
property. They liken the data preservation order that law enforcement authorities are to issue as a form of garnishment of destroy the computer data subject of a preservation and examination.
personal property in civil forfeiture proceedings. Such order prevents internet users from accessing and disposing of traffic Petitioners claim that such destruction of computer data subject of previous preservation or examination violates the users
data that essentially belong to them. right against deprivation of property without due process of law. But, as already stated, it is unclear that the user has a
demandable right to require the service provider to have that copy of the data saved indefinitely for him in its storage
No doubt, the contents of materials sent or received through the internet belong to their authors or recipients and are to system. If he wanted them preserved, he should have saved them in his computer when he generated the data or received
be considered private communications. But it is not clear that a service provider has an obligation to indefinitely keep a it. He could also request the service provider for a copy before it is deleted.
copy of the same as they pass its system for the benefit of users. By virtue of Section 13, however, the law now requires
service providers to keep traffic data and subscriber information relating to communication services for at least six months Hence, valid and constitutional.
from the date of the transaction and those relating to content data for at least six months from receipt of the order for their
preservation. 18. Section 19 of the Cybercrime Law
Section 19 empowers the Department of Justice to restrict or block access to computer data:
At any rate, as the Solicitor General correctly points out, the data that service providers preserve on orders of law Sec. 19. Restricting or Blocking Access to Computer Data. When a computer data is prima facie found to
enforcement authorities are not made inaccessible to users by reason of the issuance of such orders. The process of be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such
preserving data will not unduly hamper the normal transmission or use of the same. computer data.
Petitioners contest Section 19 in that it stifles freedom of expression and violates the right against unreasonable searches
Hence, valid and constitutional and seizures. The Solicitor General concedes that this provision may be unconstitutional. But since laws enjoy a
presumption of constitutionality, the Court must satisfy itself that Section 19 indeed violates the freedom and right
15. Section 14 of the Cybercrime Law mentioned.
Section 14 provides:
Hence, valid and constitutional. ISSUES: Whether or not both the pilot and the master were negligent.
20. Sections 24 and 26(a) of the Cybercrime Law RULING: YES. The Supreme Court started by saying that in a collision between a stationary object and a moving object,
Sections 24 and 26(a) provide: there is a presumption of fault against the moving object (based on common sense and logic). It then went on to determine
Sec. 24. Cybercrime Investigation and Coordinating Center. There is hereby created, within thirty (30) days from who between the pilot and the master was negligent.
the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating
Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among A pilot, in maritime law, is a person duly qualified, and licensed, to conduct a vessel into or out of ports, or in certain waters.
concerned agencies and for the formulation and enforcement of the national cybersecurity plan. He is an expert who’s supposed to know the seabed, etc. that a master of a ship may not know because the pilot is familiar
Sec. 26. Powers and Functions. The CICC shall have the following powers and functions: with the port. He is charged to perform his duties with extraordinary care because the safety of people and property on the
(a) To formulate a national cybersecurity plan and extend immediate assistance of real time commission of vessel and on the dock are at stake.
cybercrime offenses through a computer emergency response team (CERT); x x x.
Capt. Gavino was found to be negligent. The court found that his reaction time (4 minutes) to the anchor not holding
Petitioners mainly contend that Congress invalidly delegated its power when it gave the Cybercrime Investigation and ground and the vessel still going too fast was too slow. As an expert he should’ve been reacting quickly to any such
Coordinating Center (CICC) the power to formulate a national cybersecurity plan without any sufficient standards or happenings.
parameters for it to follow.
In order to determine whether there is undue delegation of legislative power, the Court has adopted two tests: the In compulsory pilotage, the pilot momentarily becomes the master of the vessel. The master, however may intervene or
completeness test and the sufficient standard test. Under the first test, the law must be complete in all its terms and countermand the pilot if he deems there is danger to the vessel because of the incompetence of the pilot or if the pilot is
conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to drunk. - Based on Capt. Kavankov’s testimony, he never sensed the any danger even when the anchor didn’t hold and
enforce it. The second test mandates adequate guidelines or limitations in the law to determine the boundaries of the they were approaching the dock too fast. He blindly trusted the pilot. This is negligence on his part. He was right beside
delegates authority and prevent the delegation from running riot. Gerochi v. Department of Energy, 554 Phil. 563 (2007). the pilot during the docking, so he could see and hear everything that the pilot was seeing and hearing.
Here, the cybercrime law is complete in itself when it directed the CICC to formulate and implement a national cybersecurity The master’s negligence translates to unseaworthiness of the vessel, and in turn means negligence on the part of FESC.
plan. Also, contrary to the position of the petitioners, the law gave sufficient standards for the CICC to follow when it
provided a definition of cybersecurity. As a general rule, that negligence in order to render a person liable need not be the sole cause of an injury. It is sufficient
that his negligence, concurring with one or more efficient causes other than plaintiff's, is the proximate cause of the injury.
Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, Accordingly, where several causes combine to produce injuries, person is not relieved from liability because he is
assurance and technologies that can be used to protect cyber environment and organization and users assets. This responsible for only one of them, it being sufficient that the negligence of the person charged with injury is an efficient
definition serves as the parameters within which CICC should work in formulating the cybersecurity plan. cause without which the injury would not have resulted to as great an extent, and that such cause is not attributable to
the person injured. It is no defense to one of the concurrent tortfeasors that the injury would not have resulted from his
Further, the formulation of the cybersecurity plan is consistent with the policy of the law to "prevent and combat such negligence alone, without the negligence or wrongful acts of the other concurrent tortfeasor. Where several causes
[cyber] offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, producing an injury are concurrent and each is an efficient cause without which the injury would not have happened, the
and by providing arrangements for fast and reliable international cooperation." This policy is clearly adopted in the interest injury may be attributed to all or any of the causes and recovery may be had against any or all of the responsible persons
of law and order, which has been considered as sufficient standard. although under the circumstances of the case, it may appear that one of them was more culpable, and that the duty owed
by them to the injured person was not the same. No actor's negligence ceases to be a proximate cause merely because
Hence, Sections 24 and 26(a) are likewise valid and constitutional. it does not exceed the negligence of other actors. Each wrongdoer is responsible for the entire result and is liable as
though his acts were the sole cause of the injury. - There is no contribution between joint tortfeasors whose liability is
In Taylor v. Manila Electric Railroad and Light Co., the Court explained that to establish a plaintiff’s right to recovery for
quasi-delicts, three elements must exist, to wit: (a) damages to the plaintiff; (b) negligence by act or omission of which
defendant personally, or some person for whose acts it must respond, was guilty; and (c) the connection of cause and
effect between the negligence and the damage.
Negligence, on the other hand, is defined as the failure to observe that degree of care, precaution and vigilance that the
circumstances justly demand, whereby another suffers injury.
In the case under consideration, the parties do not dispute the facts of damage upon ATI’s unloader, and of such damage
being the consequence of someone’s negligence. However, the petitioners deny liability claiming that it was not established
with reasonable certainty whose negligence had caused the co-mingling of the metal bars with the soybean meal cargo.
The Court, on this matter, agrees with the CA’s disquisition that the petitioners should be held jointly and severally liable
to ATI. ATI cannot be faulted for its lack of direct access to evidence determinative as to who among the shipowner,
Samsun, ContiQuincyBunge and Inter-Asia should assume liability. The CA had exhaustively discussed why the doctrine
of res ipsa loquitur applies. The metal bars which caused damage to ATI’s unloader was found co-mingled with the cargo
inside Hold No. 2 of the ship, which was then within the exclusive control of the petitioners. Thus, the presumption that it
was the petitioners’ collective negligence, which caused the damage, stands. This is, however, without prejudice to the
petitioners’ rights to seek reimbursements among themselves from the party whose negligence primarily caused the
damage.
H. Toxic Torts