By Atty. Eduardo T. Reyes III
In a raucous world teeming with noise, nosiness, hubris, and anything and everything that annoys, everyone must be reminded of a basic human right which is the “right to live in peace.”
Article 28 of the Universal Declaration of Human Rights mandates that we all have “the right to live in a peaceful and orderly society” and such right can be enjoyed in all countries around the world.
Being a member of the United Nations and a country that adheres to International Law, the Philippines has its own law that protects the right to live in peace.
Article 26 of the New Civil Code articulates this right in this fashion:
“Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another’s residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.”
Article 26 is not confined to the four items stated therein. Instead, they are just instances which the law has contemplated, but it must be stressed that any other “similar acts” that cause a “disrespect” to the “dignity, personality, privacy, and peace of mind” of another, will give rise to an action for damages. A cause of action for “prevention,” too, may be availed such as a temporary restraining order or an injunction.
A person’s dignity and peace of mind are priceless commodities. Jurisprudence has highlighted this by explaining that:
“The philosophy behind Art. 26 underscores the necessity for its inclusion in our civil law. The Code Commission stressed in no uncertain terms that the 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 dignifies man. If the statutes insufficiently protect a person from being unjustly humiliated, in short, if human personality is not exalted – then the laws are indeed defective. Thus, under this article, the rights of persons are amply protected, and damages are provided for violations of a person’s dignity, personality, privacy and peace of mind. To add, a violation of Article 26 of the Civil Code may also lead to the payment of moral damages under Article 2219(10) of the Civil Code.” (Unicapital, Inc., v. Rafael Jose Consing, Jr., G.R. Nos. 175277 & 175285, September 11, 2013/Rafael Jose Consing, Jr., v. Hon. Marissa Macaraig-Guillen, G.R. No. 192073, September 11, 2013).
Family relations is among the matters protected under Article 26. Of course, when it comes to families, one is most vulnerable. Thus, the hurts and pains that are caused when a family is torn apart because of people’s acts and comments (especially in social media), may not be assuaged by any medicine, but may be subject to payment of damages.
“Alienation of feelings” because of reckless comments and actions is also actionable. Especially children. When they are taught to disrespect their elders, even their own parents cannot be spared from liability as Article 26 does not distinguish as to who is the perpetrator.
The rule is simple: be mindful and respectful of other people’s feelings. “Do not do unto others what you do not want others to do unto you.”
(The author is the senior partner of ET Reyes III & Associates– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. His website is etriiilaw.com).
