Text of the provision
Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A police officer who refuses or fails to give aid or protection when life or property is in danger is primarily liable in damages, and the city or municipality is subsidiarily liable if the officer cannot pay. The action is independent of any criminal case and needs only a preponderance of evidence. It makes the duty to protect enforceable by the citizen who was failed.
Questions about this provision
Related provisions
- Article 33 — independent civil actions generally.
- Article 27 — damages for a public servant's neglect (manual queue; source variant).
Cases citing this article
- Avelino Casupanan and Roberto Capitulo vs. Mario Llavore Laroya, G.R. No. 145391, August 26, 2002 — read the decision on LawPhil →
- Heirs of Eduardo Simon vs. Elvin Chan and the Court of Appeals, G.R. No. 157547, February 23, 2011 — read the decision on LawPhil →
- San Ildefonso Lines, Inc., et al. vs. Court of Appeals, et al, G.R. No. 119771, April 24, 1998 — read the decision on LawPhil →
- Supreme Transportation Liner, Inc. and Felix Q. Ruz vs. Antonio San Andres, G.R. No. 200444, August 15, 2018 — read the decision on LawPhil →
- DMPI Employees Credit Cooperative, Inc. vs. Hon. Alejandro M. Velez, et al, G.R. No. 129282, November 29, 2001 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.