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Introduction to

Human Relations

Professional Conduct and Ethical Standard:


CHAPTER 1
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Hello!
Group 1
Cea, Mary Joy Y.
Torres, Roy Ryan S.
Vargas, John Kerby E.
Vasig II, Ramon T.
Villagracia, Jeramae C.
Villarazo, Lovejanne L.
Zaballa, Dave Angelo M.
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Introduction to
Human Relations

Professional Conduct and Ethical Standard:


CHAPTER 1
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HUMAN RELATION
Defined as the interaction or interrelation of one person to
another person or relationship of persons among each other, in
accordance with mores, habits, customs and public policy not
contrary to laws.
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VILLARAZO
“Do not do unto others, what others don’t
do unto you”.
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― Confuciansim
Understanding Human Behavior
Sources… Principles, according to Bermas.

1. Psychological (biological) – study of the a. Theological-moral – also known as


human behavior.
Christian ethics.
2. Philosophical – man always conventional.
b. Philosophical-ethical - deals with the good
3. Theological – state the positive and
negative point of the European, Hindu or and bad, or right and wrong, in human
Chinese beliefs. conduct.
c. Psychological-clinical - mental and
behavioral health care for individuals.
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Significance of the Existence of Law on Human Relations

1. Human beings, in their interaction with one another come into certain relations from
which system of social control becomes a necessity.

2. In the course of life, the interest on one man may conflict with those of others. Hence,
its primary function is to create legal protection for these interest.

3. Law on Human Relations contains basic principles which are to be observed for
rightful relationship among persons and for the stability of social order.

4. These guides for human conduct 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.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 19, Civil Code of the Philippines

“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.”
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RIGHT
It is simply means equitable, reasonable, just or something
which is due to others.

Different sources of right: natural rights, legal or statutory


rights and constitutional rights.
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DUTY
That which one is bound by any natural, legal, or moral
obligation, to pay, do or perform as an act or deed. Also, it
is a specific obligatory service or function.
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Is the execise of Right absolute?

Exercise of rights must be done within certain


limitations, hence it is not absolute. A person
should be protected only when he acts with
prudence and in good faith, but not when he acts
with negligence or abuse.
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Elements of Abuse of Rights

There is a legal right or duty.

Such legal right or duty was


exercised in bad faith.

The sole intent is to prejudice or to cause


injury or damage to another.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 20, Civil Code of the Philippines

“Every person who, contrary to law,


willfully or negligently causes damage to
another shall indemnify the latter for the
same.”
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CEA
1. Wilfully Negligence
“Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done”.
2. Torts
a. The Spanish tort- based on negligence
b. American tort- based on malice
3. When no Action for Damages Would Prosper
If someone be damaged, he does not necessarily have right to be indemnified. It is
essential that some right of him be impaired.
4. When Judiciary can interfere in decisions of Religious Tribunals
On a least one occasion, the Supreme Court has stated the instances when it can or
cannot inquire into validity of decisions ecclesiastical courts.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 21, Civil Code of the Philippines

“Any person who willfully causes loss or injury


to another in a manner that is contrary to morals,
good customs or public policy shall compensate
the latter for damage.”
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1. Willful acts Contrary to Morals
Intended to expand the concept of torts in this jurisdiction by granting adequate legal
remedy for the untold number of moral wrong which is impossible for human foresight to
specifically provide in the statutes.
2. Art. 21 Distinguished from Art. 20
a. Art. 21 - The act is contrary to morals, good customs or public policy.
In Art. 20- The act is contrary to law.
b. In Art. 21 - The act is done willfully.
Note: “Willful” may mean not merely voluntary but with a bad purpose.
c. In Art. 20 -The act is done either willfully or negligently.
3. Examples
A student willfully humiliates a professor, causing to have a nervous breakdown. This
would be contrary to good customs and morals, and the professor can sue for damages.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 22, Civil Code of the Philippines

“Every person who through an act of performance by


another, or any other means, acquires or comes into a
possession of something at the expense of the latter
without just or legal ground, shall return the same to
him.”
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1. Duty to Return What was Acquired Unjustly or Illegally
No person should unjustly enrich himself at the expense of another. It ought to be noted
however that when a property is obtained by virtue of a final judgment of a Court Art. 22 cannot
apply.
2. No person shall unjustly enrich himself at the expense of another.

The government is not exempted from the application of this doctrine. Hence, if the
government has already realized the revenue which is the object of the imposition of the subject
stamp tax, it is not justified to require the payment of the same tax for the same documents.
3. Essential Requisites of an "Accion in Rem Verso"
In law, possession is the control a person intentionally exercises toward a thing. In all cases,
to possess something, a person must have an intention to possess it. A person may be in possession
of some property (although possession does not always imply ownership). Like ownership, the
possession of things is commonly regulated by states under property law.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 23, Civil Code of the Philippines

“Even when an act or event causing damage to


another's property was not due to the fault or
negligence of the defendant, the latter shall be made
liable for indemnity if through the act or event he
was benefited.”
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1. Duty to Indemnify Because of Benefit Received
Unless there is a duty to indemnify, unjust enrichment will occur.
 
2. Indemnification Clause:
A court can render an indemnification clause unenforceable or limit its
interpretation for a variety of reasons including a lack of clarity or
definiteness and unconscionability. Indemnification clauses are usually
unenforceable if they involve illegal subject matter.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 24, Civil Code of the Philippines

“In all contractual property or other relations when one of the


parties is at a disadvantage on account of his moral
dependence ignorance indigence, mental weakness lender age
or other handicap the court must be vigilant for his
protection.”
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TORRES
Vigilance for the Protection of the Weak

According to a prominent Justice, this


article must be meant that in case of
doubt, should be resolved in favor of the
underdog.
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 25, Civil Code of the Philippines

“Thoughtless extravagance in expenses for pleasure or


display during a period of acute pub want or emergency
may be stopped by other of the courts at the instance of
any government or private charitable institution.”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 26, Civil Code of the Philippines

“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 of cause
of action for damages, prevention and other relief:”
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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."
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 27, Civil Code of the Philippines

“Any person suffering material or moral loss because a


public servant or employee refuses or neglects, without just
cause, to perform his official duty may life an action for
damages and relief against the latter without prejudice to any
disciplinary administrative action that may be taken”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 28, Civil Code of the Philippines

“Unfair competition in agricultural, commercial or industrial


enterprises or in labor through the use of force, intimidation,
deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by the
person who thereby suffers damage.”
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VARGAS
HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 29, Civil Code of the Philippines


“When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been
proved beyond reasonable doubt, a civil action for damages for the same act or omission may be
instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant,
the court may require the plaintiff to file a bond to answer for damages in case the complaint should
be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that effect, it may be inferred from the text of the
decision whether or not the acquittal is due to that ground. ”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 30, Civil Code of the Philippines

“When a separate civil action is brought to demand civil


liability arising from a criminal offense, and no criminal
proceedings are instituted during the pendency of the civil
case, a preponderance of evidence shall likewise be
sufficient to prove the act complained of.”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 31, Civil Code of the Philippines

“When the civil action is based on an obligation not


arising from the act or omission complained of as a
felony, such civil action may proceed independently of
the criminal proceedings and regardless of the result of
the latter.”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 32, Civil Code of the Philippines

“Any public officer or employee, or any private


individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties or another person shall be
liable to the latter for damages:
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VASIG
1. Freedom of Religion;
a. Non-establishment clause – no law shall be made respecting the
establishment of religion or prohibiting the free exercise thereof.
b. Free exercise clause – the free exercise and enjoyment of
religious profession and worship, without discrimination or
preference, shall forever be allowed
c. Non-religious test clause – No religious test hall be required for
the exercise of civil rights
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2. Freedom of speech
3. Freedom of write for the press or to maintain a
periodical publication
It implies the right to freely utter and publish whatever the
citizen may please, and to be protected from any responsibility for
so doing, except so far as such publication form their blasphemy
obscenity, or scandalous character, may be a public offense, or as
by heir falsehood and malice they may injuriously affect the
standing reputation or pecuniary interest of individuals.
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4. Freedom from arbitrary or illegal detention;

a. Arbitrary Detention – unlawful detention of a person


committed by public officers or officials

b.Illegal Detention – unlawful detention of a person


committed by private person.
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4. Freedom from arbitrary or illegal detention;
Note:
Arbitrary detention under Article 124 of the Revised Penal Code should be further
differentiated from Delay in delivery of detained persons to proper judicial authority under
Article 124 of the same code.
In Delay in delivery of detained person to proper judicial authorities, the detention is with
regal ground however it become unlawful only when the public officer or employee shall fail
to deliver such person to proper judicial authorities within the period prescribed by Article
125 of Revised Penal Code:
a.) 12 hours for crimes or offenses punishable by light penalties
b.) 18 hours for crimes or offenses punishable by correctional penalties, and
c.) 36 hours for crimes or offenses punishable by afflicted or capital penalties or their
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equivalent.
5. Freedom of Suffrage?

It is based upon the theory that the people who


bear the burden of government share in the privilege
of choosing the officials of that government.

6. The right against deprivation of property without


due process of law;
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7.  The right to a just compensation when private property is
taken for public use
Can private property be taken from its owner? 
Yes, but subject to the following conditions:
1. That the private property is taken for public use;
2. That the owner of the said property should be paid just compensation;
3. That the due process of law shall be observed in taking of the said
property;
4. That the taking shall be only exercised by the state or those whom the
power has been and lawfully delegated.
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VILLAGRACIA
What eminent domain meant?

This is the right of the State to acquire


private property for public use upon payment of
just compensation.  This can also be exercise
by those to whom the said power has been
lawfully delegated. 
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8.  The right to the equal protection of the laws 
What equal protection of law meant? 
It is a constitutional guarantee that all persons are equal
before the law which means that what the  constitution
guarantees is not absolute equality of all individuals but only
equality of opportunity, or  protection given by the law to persons
or classes of persons who are similarly stated and who therefore 
belong to a certain classification made by law. 
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9.  The liberty of abode and of changing the same 
What is the meaning of liberty of abode and travel? 
Is the right of a person to have his home or to maintain or
change his home, dwelling or habitation in  whatever place he has
chosen, within the limits prescribed by law and to go where he
pleases without  interference from anyone, except in the security,
public safety or public health as may be provided by law  of
national security, public safety, or public health, as may be provided
by law. 
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10.  The privacy of communication and correspondence 

What is the exception to this right? 

The privacy of communication and correspondence shall be


inviolate except upon lawful order of the  court, or when public safety
or order requires otherwise as prescribed by law. 
What is the effect if privacy of communication and correspondence is violated? 

Any evidence obtained violation of this shall be


inadmissible for any purpose in any proceedings.
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11. The right to become a member of associations or
societies for purposes not contrary to law 
12. The right to take part in a peaceable assembly to
petition the Government for redress of grievances 
13. The right to be free from involuntary servitude in any
form 
14. The right of the accused against excessive bail 
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15. The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation  against him, to have
a speedy and public trial to meet the witnesses face to face, and to have
compulsory process to  secure the attendance of witnesses in his behalf

What right to counsel meant? 


This is a right of a person under custodial investigation to have competent
and independent counsel preferably of  his own choice. The purpose of the
right to counsel during custodial investigation to preclude the slightest 
coercion as would lead the accused to admit something.
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16. Freedom from being compelled to be a witness against
oneself, or from being forced to confess guilt, or from being
induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a
state witness;

NOTE:
This is the right against Self-incrimination.
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ZABALLA
17. Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional;

• When a fine be considered excessive?


• When is punishment considered cruel?
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18. Freedom of access to the courts

Free access to the courts and quasi-


judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 33, Civil Code of the Philippines

“In cases of defamation, fraud, and physical injuries a civil


action for damages, entirely separate and distinct from
criminal action, may be brought by the injured party. Such
civil action shall proceed independently of the criminal
prosecution and shall require only a preponderance of
evidence.”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 34, Civil Code of the Philippines


“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 subsidiarity responsible,
therefore. The civil action herein recognized shall be independent
of any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 35, Civil Code of the Philippines


“When a person, claiming to be injured by a criminal offense, charges
another with the same, for which no independent civil action is
granted in this code or any special law, but the justice of the peace
finds no reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or fails to institute
criminal proceedings, the complaint may bring a civil action for
damages against the alleged offender.”
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HUMAN RELATIONS PROVISION UNDER THE CIVIL CODE OF
THE PHILIPPINES

Article 36, Civil Code of the Philippines

“Prejudicial question, which must be decided before any


criminal prosecution may be instituted or may proceed,
shall be governed by rules of court which the supreme
court shall promulgated, and which shall not be in
conflict with the provisions of this Code.”
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Thank you!
Cea, Mary Joy Y.
Torres, Roy Ryan S.
Vargas, John Kerby E.
Vasig II, Ramon T.
Villagracia, Jeramae C.
Villarazo, Lovejanne L.
Zaballa, Dave Angelo M.
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