ART.

34: NEGLECT OF DUTY

Article 34 of the New Civil Code
• 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.
Article 34 is intended to afford a remedy against police officers “who
connive with bad elements, are afraid of them or are simply indifferent
to duty.”

- Judge Hilarion Jarencio (Author: Torts and Damages;1983 Ed.,p. 205)

Who is a policeman?
The policeman is the government official to whom the common man
usually turns for protection when his life or property is threatened with
danger.

To him the policeman is the external symbol of government’s power

and authority. Thus, it is the primary duty of city and municipal
policemen not only to preserve and maintain peace and order but also
to render aid and protection to life and property in their jurisdictions.
Duty of a policeman
If policemen refuse or fail to render aid and protection to any person
whose life or property is in danger, they are unfaithful to their duty and
Art. 34 of the New Civil Code properly grants to the person damaged, a
right of action against a failing policeman.
Liability of the Municipality or City
The subsidiary liability of cities and municipalities, is imposed so that
they will exercise great care in selecting conscientious and duly qualifed
policeman and exercise supervision over them in the performance of
their duties as peace offcers. (Jarencio, ibid.; 1 Capistrano 38).