Respect for neighbors (Article 26, Civil Code)
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, Civil Code)
Article 26 above is a more specific re-echoing of Article 19 of the same
Code that says: "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." Article 26 specifies and emphasizes the
importance of peace of mind and respect for neighbors (and other people).
People who pry into the privacy of others and their residence, those who
meddle and disturb the private lives and family relations of others, those who
intrigue to cause others to be alienated by the latter's friends and those who
vex or humiliate others because of the latter's personal conditions do not
inspire decency and propriety. Such acts do not enhance dignity and
personality. A society of laws requires that we as a people refrain from these
acts.
According to the Code Commission which drafted the Civil Code, the sacredness
of human personality is a concomitant of every plan for human amelioration.
The touchstone of every system of laws, of the culture and civilization of
every country, is how far it dignifies man. If in legislation, inadequate
regard is observed for human life and safety; if the laws do not sufficiently
forestall human suffering or do not try effectively to curb those factors or
influences that wound the noblest sentiments; if the statutes insufficiently
protect persons from being unjustly humiliated; in short, if human personality
is not properly exalted — then the laws are indeed defective.
Prying into the privacy of another's residence includes by implication respect
for another’s name, picture, or personality except insofar as is needed for
publication of information and pictures of legitimate news value. (Prosser,
Torts, p. 1050)
Meddling with or disturbing the private life or family relations of another
includes alienation of the affections of the husband or the wife. (Prosser,
Torts, p. 916) Thus, a girl who makes love to a married man, even if there be
no carnal relations, disturbs his family life, and she may be asked to pay
damages. (Paras)
Alienation of the affection of another’s wife or husband, unless it
constitutes adultery or concubinage, is not condemned by the law, much as it
may shock society. There are numerous acts, short of criminal unfaithfulness,
whereby the husband or wife breaks the marital vows, thus causing untold moral
suffering to the other spouse. Why should not these acts be the subject-matter
of a civil ac- tion for moral damages? In American law they are. (Commission
Report, p. 32-34)
Vexing or humiliating includes criticism of one's health or features without
justiļ¬able legal cause. (138 A.L.R. 25) Religious freedom does not authorize
anyone to heap obloquy and disrepute upon another by reason of the latter's
religion. (Commission Report, p. 33)
Not a few of the rich people treat the poor with con- tempt because of the
latter’s lowly station in life. To a certain extent this is inevitable, from
the nature of the social make-up, but there ought to be a limit somewhere,
even when the penal laws against defamation and unjust vexation are not
transgressed. In a democracy, such a limit must be established. The courts
will recognize it in each case. Social equity is not sought by Article 26, but
due regard for decency and propriety. Place of birth, physical defect and
other personal conditions are too often the pretext of humiliation cast upon
persons. Such tampering with human personality, even though the penal laws are
not violated, should be the cause of a civil action. (Report of the Code
Commission, pp. 32-34)