Legal Ethics – Case Number 4

Atty. Alain Gatuslao

April 14, 2021

GROUP 1

Alladin, Danica L.
De Vera, Laurie O.
Nillos, Franzeijan A.
Tandugon, Jocelyn T.

PROBLEMS
1. If you were Mr. Bernas, what would you do? Provide an answer from the perspective of
each of the following Ethical Principles:
a. Utilitarianism
b. Rights
c. Justice and Fairness
d. Virtue

2. If you were Mr. Bernas, what would be the legal thing to do? Answers here must be
supported by either law or jurisprudence or both.

THE CASE OF ROMULO BERNAS

UTILITARIANISM
The principle of Utilitarianism holds that the most ethical choice is the one that will produce the
greatest good for the greatest number. Mr. Bernas being the witness to an act of injustice plays a
critical role in this case, his testimony can make or break the people involved. If he will follow
the principle of Utilitarianism it will negatively affect Mr. Narciso, the politician behind Mr.
Narciso, and the real culprits but will benefit Mr. Bernas and his family, the fall guys, and the
company. So, although utilitarianism is arguably the most reason-based approach in determining
right and wrong, it still has limitations.

If I were Mr. Bernas, I will…

Report to the authorities what I’ve witnessed – Reporting to the authorities regarding the
witnessed smuggling will likely cost him his job and his sole source of income in supporting his
family. Mr. Bernas may as well lost his acquaintance with Mr. Narciso. Mr. Narciso will also
end up losing his job. The politician behind Mr. Narciso will lose his position as well as the trust
of the people. However, the framed up workers will be given justice and be freed and the real
culprits will likewise be given the penalty that they deserved. Since this option affects the all the
parties involved, this is not ethically passable under Utilitarianism.

Not report to the authorities - If Mr. Bernas will accept the job offer of Mr. Narciso, he will
continue to earn a living for his family. The additional cash to be given will also be a great help
to his family because he is the breadwinner. Mr. Narciso and the politician behind him will be
still in their positions. However, The framed up workers will not be given justice and the real
culprits will continue to enjoy their life outside of prison. This option is still not ethically
passable because the fall guys will not feel the same as with the other parties involved.

RIGHTS
This principle means that we should be able to determine an action whether it is ethical or not
after careful consideration of future consequences. Reversibility requires the person to consider
the position of all the parties involved in order to end up to an ethical decision. Mr. Bernas, an
employee and a witness to the crime, should consider possible consequences that may arise of
telling and not telling the authorities about the illegal activity that took place in the warehouse.

If I were Mr. Bernas, I will…

Report to the authorities what I’ve witnessed – Reporting to the authorities of what he
witnessed is just abiding the law. It is his right to follow what he thinks is moral and legal, and
that is to punish the real culprits and the people behind them. Mr. Narciso may believe that the
money and job that he offered to Mr. Bernas is what he needed the most in order to support his
family. The fall guys will be freed and will no longer suffer injustice. The government, with the
participation of Mr. Bernas as witness, will be able to solve the crime accurately and punished
the real people involved.

 Reversibility Test
If Mr. Bernas is an executive or the owner of the Prime Shipping, Inc., he would want his
employees to report any unethical and illegal practices in the company because it will greatly
affect the image of the company to the public. If Mr. Bernas is in the position of Mr. Narciso, his
job offer and the P50,000.00 cash can also be considered as a gift for their relationship as
colleagues.

Not report to the authorities - If Mr. Bernas will choose to accept the offer and not report to the
authorities what he had witnessed, he is violating the law and refused to be of help to those
innocent fall guys. However, his relationship with Mr. Narciso will be stronger and he’ll be able
to start anew in Baguio with his family and with his new work.

 Reversibility Test
If Mr. Bernas was in the shoes of the fall guys, he’ll have a feeling of injustice for being falsely
accused of a crime in which he is not even aware or part of. The family of the fall guys will
suffer the consequences too. As to Mr. Narciso, he will be delighted if Mr. Bernas will turn a
blind eye and take his offer because this will help him to still be in his position as well as to the
politician behind him.

JUSTICE AND FAIRNESS

Compensatory Justice must be rightfully given the aggrieved parties, the fall guys and the
company if acted in good faith, for being wrongfully accused. Thus, entitled for the damages the
have suffered. Retributive Justice must be served to the corrupt public officials and other
persons involved in smuggling for the imposition of the law of the state. Distributive Justice shall
also be taken effect as equal protection of every individual.

If I were Mr. Bernas, I will…

Report to the authorities what I’ve witnessed – This will give justice to the fall guys because
they will be released from the false accusations against them, as well as to the company if acted
in good faith who has does not authorize the wrong act. They will be compensated for the
damages they have incurred. Retributive justice will be imposed to the corrupt officials and other
persons involved for their criminal act. Here, distributive justice will hold the guilty people be
punished and innocent people be freed whatever their status in life. For justice should be equally
served.

Not report to the authorities – This will give injustice to the fall guys because they were falsely
accused and will be punished for the crime they did not commit. The corrupt officials and other
persons involved were enjoying their freedom and will continuously do the same criminal act.
Compensatory, retributive and distributive justice will not take effect because the innocent
parties will not be compensated, instead be burdened; imposition of punishment to the guilty
parties will not be done; and distribution of justice will not be fairly given for powerful
individuals may escape their criminal act by passing the hit on the underprivileged. Hence, this is
not applicable in this principle.

VIRTUE

The principle of Virtue helps us understand what it means to be a virtuous human being. And, it
gives us a guide for living life without giving us specific rules for resolving ethical dilemmas. If
Mr. Bernas just remain silent while illegal activities are transpiring before his very eyes because
of fear for himself and for his family’s security, as well as for their future as a family, then what
will that make him? Virtue begins with the insight that our actions shape our character. What we
do determines who we become, the more likely we are to be honest in future situations.
If I were Mr. Bernas, I will…

Report to the authorities what I’ve witnessed – My conscience will not put at ease knowing
that the wrong persons were falsely accused and taking the wrong blow. I will not allow that to
happen to them as much as I don’t want that to happen to me. Being the person

Not report to the authorities – What kind of a father I am if I would put my family’s life in
danger? I will choose to protect my family no matter what. I will probably take the advice of Mr.
Narciso and start a new life away from possible danger that my family may sustain.

2. If you were Mr. Bernas, what would be the legal thing to do? Answers here must be supported by
either law or jurisprudence or both.

If I were Mr. Bernas, I will report to the authority the illegal activities that I have witnessed
involving my company, Prime Shipping, Inc.

Sec. 2 of R.A. 4712 (An Act Amending Certain Sections Of The Tariff And Customs Code
Of The Philippines) amended Sec. 3601 of the original law which explains the scope of
Unlawful Importation. It says that,

“Any person who shall fraudulently import or bring into the Philippines, or assist in so doing,
any article, contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the
transportation, concealment, or sale of such article after importation, knowing the same to
have been imported contrary to law, shall be guilty of smuggling and shall be punished XXX”

Here, in order to conceal the illegal activities of the company, Mr. Narciso wants Mr. Bernas to
quit his job because Mr. Bernas discovered such.

As a lawful citizen, Mr. Bernas has a duty to report such unlawful acts for the reason that
concealing it from the authorities despite having knowledge of such act would also constitute an
offense on the part of Mr. Bernas.

Though his family is at risk, with the help of the authorities, he can apply as Whistle Blower and
seek for Witness Protection Program in the DOJ for their security.

The public officer in charge who possibly take the bribe shall be liable of Bribery under Title 7
(Crimes Committed by Public Officers) Chapter II Section 2 of the Revised Penal Code.

Those persons who wrongfully accused the fall guys by making false testimonies shall be also be
liable of a crime False Testimony under Title 4 (Crimes Against Public Interest) Chapter II
Section 2 if the Revised Penal Code.