Report: ARTICLE 32 of the CIVIL CODE (R.A. No. 386)

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(6) The right against deprivation of property without due process of law;

(7) The right to a just compensation when private property is taken for public use;

(8) The right to the equal protection of the laws;

(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes not contrary to law;

(13) The right to take part in a peaceable assembly to petition the government for redress of grievances;

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;

(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

Article 32 allows a person to file an independent civil action for damages arising from a violation of any constitutional right, whether by a public officer or a private individual.

The purpose of this article is to cultivate in our citizens an undaunted determination to guard their liberties guaranteed by the Constitution, without depending on public prosecutors. Our citizens should learn to make use of this right of action not only to obtain indemnity, but also to help build a general respect for individual liberties.

The link below is my Case Digest where this article applied:

PAULINO PADUA and LUCENA BEBIN PADUA, plaintiffs-appellants,

vs.

GREGORIO N. ROBLES and BAY TAXI CAB, defendants-appellees.

G.R. No. L-40486 August 29, 1975

CASTRO, J.:

(https://kidbernabe.wixsite.com/website/single-post/2017/08/28/Case-Digest-Article-32-of-the-Civil-Code-of-the-Philippines)