Article 19, Chapter 2:Human Relations

Main Topic: Chapter 2:Human Relations

Sub-topic: Acting with Justice and Observance of Honesty and Good Faith

CHAPTER 2 HUMAN RELATIONS 

Art. 19. 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.

Why the Code Commission formulated a chapter on Human Relations?

A chapter on human relations was formulated to present some basic principles that are to be observed for the rightful relationship between human beings and the stability of the social order. The lawmaker makes it imperative that everyone duly respect the rights of others. Indeed this chapter is calculated to indicate certain norms that spring from the fountain of good conscience. These guides for human should run as golden threads through society, to the end that law may approach its supreme ideal, which is the sway and dominance of justice.

Stress of the article

This article stresses:

a. Acting with justice

b. The giving to everyone his due

c. The observance of honesty and good faith

Thus rights must never be abused; the moment they abused, they ceased to be rights.

In the celebrated case of Dominador R. Aytona v Andres Castillo, et al., the Supreme Court held that although Pres. Carlos P. Garcia was still President up to noon Dec. 30, 1961 (his successor, Pres. Diosdado Macapagal was scheduled to assume the Presidency on said date ) he should not have issued mass “midnight appointments” on Dec. 26, 1961. Such ac act may be regarded by the successor as an abuse of presidential prerogatives, the appointments detracted “from that degree of good faith, morality and propriety which form the basic foundation of claims to equitable relief...Needles to say there are instances wherein not only strict legality, but also fairness, justice, and righteousness should be taken into account.”

However in Gilera v. Fernandez, it was held appointments made by an outgoing President to fill up vacancies in important positions, if few and so spaced as to afford some assurance of deliberate action and careful consideration of the need for the appointment and the appointee’s qualification are valid.

On the other hand, an attorney who deliberately neglects the trial of his cases fails his duty to prepare for trial with diligence and deliberate speed. And should he present a frivolous and dilatory appeal to the appellate courts TREBLE COSTS may be assessed against his client, said cost to be PAID by the ATTORNEY. A charge against an attorney, particularly made by a brother lawyer, must be well-found, for as Justice Cardozo has correctly observed, reputation in the legal profession is a plant for tender growth and its bloom, once lost, is not easily restored.

Acting with Justice and Giving another His Due

This further elaborated in the following articles, among others:

a. Art. 20-indemnification of another due to illegal acts

b. Art. 21- indemnification due to immoral acts

c. Art. 24- unfair competition

d. Art. 22- unjust enrichment

Observance of Honesty and Good Faith

This is elaborated in the following articles, among others:

a. Art. 26- respect for the personality and dognity of others

b. Art. 25- restraint of undue extravagance

c. Art. 31- independent cicil actions

Note:

Honesty- careful regard for other rights and property.

Good faith- honest intention to avoid taking undue advantage of another.

Thus, if the government itself creates a semblance of "agrarian unrest" in a privately owned Hacienda in an attempt to expropriate the same for resale to the tenants thereof, the Supreme Court can order the government to stop "formenting and inciting unrest" in said Hacienda. Honesty and good faith so demand. Similarly the following acts may also be considered highly immoral: the suspension of an appointive official for an unreasonableperiod of time, during the pendency of a scase against him; the therat to cancel a franchise of a public utility corporation, for alleged vilolations of said franchise unless certail politicians allegedly controlling the same are removed(with clear implication that said violations would be condoned provided the politicians concerned are thrown overboard); the move to reorganize the Uooer House of Congress by taking advantage of the illness and absence of a member thereof. On the other habd, mere bad judgment or negligence does not necessarily mean bad faith. There must be a dishonest purpose or some moral obliquity and conscious of doing wrong.

A taxpayer has the legal right to decrease the amount of what otherwise would be his taxes or altogether avoid them by means which the law permits. All legal means used by the taxpayer to reduce taxes are all right. A man may therefore perform an act that he honestly believes to be sufficient to exempt him from taxes. He does not incur fraud thereby even if the act if is therefore found to be sufficient. (Note: While the tax avoidance is allowable, tax evasion is dishonest and illegal.)

If an appointive government officer or employee is dishonest or is guilty of oppression of his right to continue in office is affected, even if in the acts are ot connected with his office. The private life of an employee cannot be segregated from his public life. The rule is different in the case of an elective official, since his term is shorter, and he is generally responsible only to the people.

Because of possible conflict of duties and possible abuse, the appointment of a Clerk of Court or any other court official or employee as administrator of a n estate is disfavoured by the Supreme Court.

The unauthorized use of vehicles and other personal properties in the official custody of the sheriff cannot be sanctioned or tolerated and borders on misappropriation.

J. Escolin:

            Courts should not review the discretion of university authorities in excluding student from the roll of graduating ones for serious breach of discipline and failure to maintain the requisite academic standards.

Justice E.L. Paras:

            The showing of wanton negligence in effecting the plans, designs, specifications and construction of a building is equivalent to bad faith in the performance of the assigned tasks. Thus, one who negligently creates a dangerous condition cannot escape liability for the natural and probable consequences thereof, although the act of a third person or an act of God for which he is not responsible, intervenes to precipitate the loss.

An abolition of office neither means removal nor separation from office and is not thus covered by constitutional clause on security of tenure. The principle carries a caveat,however, that the abolition is done in good faith.

Anonymous complaints

Justice Antonio Barredo:

            Although the Supreme Court does not as a rule act anonymous complaints, cases are expected in which the charge (concealment of the pendency of a criminal case by a person at the time he applied for appointment to the judiciary) can be fully borne by public records of indubitable integrity, thus needing no corroboration by evidence to be offered by complainant, whose identity and integrity can hardly be material where the matter involved is of public interest.

Inexperienced Counsel de Officio

A counsel de officio defended his client without the ability of a more experienced and competent lawyer. Should the counsel de officio be disbarred?

No, because said incompetence does not necessarily make him unfit to be a member of the bar.

Effect of a Plea for Social Justice

a. The law on obligation and contracts cannot be nullified just because of a plea for social justice. To so nullify is beyond the power of court to nullify.

b. Social justice provisions in the Constitution cannot defeat the law on obligations and contracts, and cannot take away rights from a person and give them another who is not entitled thereto. Surely, this is beyond the power of the courts to grant.

Effect of a Veiled Threat on Dispensers of Justice

To subject Justices to the threat of an investigation or prosecution for official acts to subvert their independence.

Law and Equity

Justice is done according to law. As a rule, equity follows the law. There may be a moral obligation, often regarded as an equitable consideration but if there is no enforceable legal duty, the action must fall although the disadvantaged party deserves commiseration or sympathy,  

While it is true that a person who is aggrieved may have recourse against the person or entity responsible, still if a person has not been damaged in any way by another’s act, the former has no cause of action against the latter. Thus, a warehouse operator who has not been damaged by the act of an entity in taking delivery of certain goods from the warehouse thru an alleged forged permit has no right to go after said entity. Only those who have suffered loss because of such “misdelivery”have the right to complain.