Professional Documents
Culture Documents
Accion in Rem Verso - legislative intent: protection of the weak and uneducated who
Action for unjust enrichment. are prone to falling victims to unscrupulous persons or those
- action for recovery of what has been paid for or delivered who may have used influence in entering into agreements
without just cause or legal ground
Thoughtless Extravagance in Expenses
Distinguished from Solutio Indebiti (A2154)
- A2154: "If something is received where there is no right to Requisites
demand, and it was unduly delivered through mistake, the 1. acute public want or emergency
obligation to return it arises." 2. person seeking to stop it must be
- A2154 is applicable only when a. a government institution
1. payment is made when there is no binding relation b. or a private charitable institution
between the payor (who has no obligation to pay) and the
person who received the payment
2. payment is made through mistake
Art. 26. Every person shall respect the dignity, personality,
- mistake, therefore, is essential in A2154 while it is not
privacy and peace of mind of his neighbors and other persons.
necessary in accion in rem verso
The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages,
Requisites of accion in rem verso
prevention, and other relief:
1. defendant has been enriched
2. plaintiff has suffered a loss
(1) Prying into the privacy of another's residence;
3. enrichment is without just or legal ground
4. plaintiff has no other action based on contract, quasi-
(2) Meddling with or disturbing the private life or family relations
contract or quasi-delict
of another;
Liability Without Fault or Negligence
(3) Intriguing to cause another to be alienated from his friends;
(liability even when cause was accident or a fortuitous event)
(4) Vexing or humiliating another on account of his religious life,
lowly station in life, place of birth, physical defect, or other
- A23 recognizes liability even without fault or negligence and
personal condition.
even when the event producing loss to another is accidental or
fortuitous, provided that another person was benefited through
the same damaging event or act
Rephrased:
Art. 30. When a separate civil action is brought to demand civil
ACQUITTAL --------------> Extinguishment
liability arising from a criminal offense and no criminal
(provided there was declaration of civil liability
proceedings are instituted during the pendency of the civil case,
that the facts from which the
a preponderance of evidence shall likewise be sufficient to
civil liability might arise DID NOT EXIST)
prove the act complained of.
Definition
- one which arises in a case, the resolution of which question is
logical antecedent of the issue involved in said case
- one based on a fact distinct and separate from the crime but
so intimately connected with it that it determines the guilt or
innocence of the accused