SPECIAL TORTS

1. Art 19, 20, 21 (catch-all provision)
a. ABUSE OF RIGHTS (Art 19)
ELEMENTS:
i. There is a legal right or duty
ii. Which is exercised in bad faith
iii. For the sole intent of prejudicing or injuring another
b. GENERAL SANCTION (Art. 20)
- for all other provisions of law which do not especially provide their own sanction
ELEMENTS:
i. In the exercise of his legal right or duty
ii. Willfully or negligently causes damage to another

c. CONTRA BONUS MORES (ART 21)
ELEMENTS:
i. There is an act which is legal
ii. But which is contrary to morals, good custom, public order or public policy
iii. And it is done with intent to injure

2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143

3. OSTENTATIOUS DISPLAY OF WEALTH
- Art. 25; thoughtless extravagance for pleasure or display during a period of public want or emergency

4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS
Art 26 - every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons.

The ff. acts though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
i. prying into the privacy of another's residence
iii. meddling with or disturbing the private life or family relations of
another
iii. intriguing to cause another to be alienated from his friends
iv. vexing or humiliating another on account of his religious beliefs, lowly station in life. Place of birth, physical defect, or other personal condition

5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS
- May be brought by any person suffering from material or moral loss because a public servant refuses or neglects, without just cause to perform his official duty (art 27).
REQUISITES:
a. defendant is a public officer charged with the performance of a duty in favor of the plaintiff
b. he refused or neglected without just cause to perform such duty (ministerial)
c. plaintiff sustained material or moral loss as consequence of such non-performance
d. the amount of such damages, if material

5. UNFAIR COMPETITION
- Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit. Machination or other unjust, oppressive or highhanded method (Art 28)

7. MALICIOUS PROSECUTION
ELEMENTS;
a. that the defendant was himself the prosecutor/ he instigated its commencement
b. that it finally terminates in his acquittal
c. that in bringing it the prosecutor acted without probable cause, and
d. that he was actuated by legal malice, that is, by improper and sinister motive

8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON

9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or anything else which:
i. injures or endangers the health or safety to others, or
ii. annoys or offends the senses, or
iii. shocks, defies, or disregards decency or morality, or
iv. obstructs or interferes with the free passage of any public highway or streets, or any body of water
v. hinders or impairs use of property

b. KINDS:

NUISANCE PER SE - denounced as nuisance by common law or by statute

NUISANCE PER ACCIDENS - those which are in their nature not nuisances, but may become so by reason of their locality, surroundings, or the manner in which they may be conducted, managed, etc.

PUBLIC - affects a community or neighborhood or any considerable number of persons

REMEDIES AGAINST PUBLIC NUISANCES
1. Prosecution under the RPC or any local ordinance
2. Civil action
3. Abatement, without judicial proceeding

WHO MAY AVAIL OF REMEDIES
1. Public officers
2. Private persons - if nuisance is specially injurious to himself; the ff. steps
must be made:
i. demand be first made upon owner or possessor of the property to abate the nuisance
ii. that such demand has been rejected
iii. that the abatement be approved by the district health officer and executed with the assistance of local police
iv. that the value of destruction does not exceed P3,000

PRIVATE - one that is not included in the foregoing definition; affect an individual
or a limited number of individuals only

REMEDIES AGAINST PRIVATE NUISANCES
(1). Civil action
(2). Abatement, without judicial proceedings

WHO MAY AVAIL OF REMEDIES
(1). Public officers
(2). Private persons - if nuisance is specially injurious to himself; the ff.
steps must be made:
i. demand be first made upon owner or possessor of the property to
abate the nuisance
ii. that such demand has been rejected
iii. that the abatement be approved by the district health officer and executed with the assistance of local police
iv. that the value of destruction does not exceed P3,000

b. DOCTRINE OF ATTRACTIVE NUISANCE
- a class of cases within the general rule that one is liable for the injury resulting to another from failure to exercise the degree of care commiserate with the circumstances
• the attractiveness of the premises or of the dangerous instrumentality to children of tender years is to be considered as an implied invitation, which takes the children who accepted it out of the category of a trespasser and puts them in the category of invitees, towards whom the owner of the premises or instrumentality owes the duty of ordinary care