CRIMINOLOGY 4

PROFESSIONAL CONDUCT
AND ETHICAL STANDARDS
PREPARED BY: MS. HAZEL FAITH D. CARREON
 CHAPTER 1

INTRODUCTION TO
HUMAN RELATION
 TOPIC TO BE DISCUSSED:
• HUMAN RELATIONS
• HUMAN RELATIONS PROVISIONS UNDER THE CIVIL CODE OF
THE PHILIPPINES
• ELEMENTS OF ABUSE OF RIGHTS
• CONCEPT OF LIABILTY WITHOUT FAULT
• RIGHTS AND LIBERTIES UNDER THE CIVIL CODE
• WORK EXERCISE NO. 1
 HUMAN RELATION

• Human Relation is defined as the interaction or

interrelation of one person to another person or
relationship of person among each other, in accordance
with mores, habits, customs and public policy not contrary
to laws. It is based on the old adage or golden rule. “Do
not do unto others, what others don’t do unto you”.
 SOURCES OF UNDERSTANDING
HUMAN BEHAVIOR
• PSYCHOLOGICAL (BIOLOGICAL)- Study of the behavior of man. It deals
with the overt or observable action and to covert or unobservable metal process
and states such as perception, thought, reasoning, problem-solving, emotions and
feelings.
• PHILOSOPHICAL- man always conventional. He acts in line with the act of
Community. Always go with the mentality of the people.
• THEOLOGICAL- state the positive and negative point of the European, Hindu or
Chinese beliefs. It is an intellectual discipline that aims at setting forth in an
orderly manner the content of religious faith.
 ACCORDING TO BERMAS, THE FOLLPOWING
ARE THE PRINCIPLES UNDERSTANDING
HUMAN BEHAVIOR
A. Theological- moral
B. Philosophical- Ethical
C. Psychological- Clinical
 SIGNIFICANCE OF THE EXISTENCE
OF THE 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.
• In the course of life, the interest on one man may conflict with those of others. Hence, the primary function
is to create legal protection or these interests. Social philosophy dictates that, in the ultimate ideal social
order, the welfare of every man defends upon the welfare of all.
• Law on human relations contains basic principles which are to be observed for rightful relationship among
person and for the stability of social order.
• 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.
NOTE: The law on human relations can be found on Chapter 2, Article 19 to 36 of the Civil Code of the
Philippines.
HUMAN RELATIONS PROVISIONS 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.”

NOTE: Apply only when there is an abuse of right or abuse in the performance of
duty. Hence, if one who uses a right or just performed his duties without abuse, he
injures no one under the principle of “Danum absque non injuria” (loss or damage
without injury)
RIGHT , DEFINED

• Right means simply equitable, reasonable, just or

something which is due to the others. Actually, rights are
attached to a person, such as rights to liberty and property
as vested by the constitution. However constitution is not
only the sources of rights, these are natural rights; legal or
statutory rights; and constitutional rights.
DUTY DEFINED
• 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. The obligation to do
that which is prescribed or required, especially by the moral
law; moral obligation; right action.
NOTE: With every duty there is a right, thus, when a person
owes a duty to someone, he has a corresponding right.
IS THE EXERCISE 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 in legitimate
exercise of his right, that is, when he acts with prudence and in good faith,
but not when he acts with negligence or abuse.
NOTES:
• Exercise of right end when the right disappears, and it disappears when it
is abused, especially to prejudice of others. The mask of a right with the
spirit of justice which gives it life, is repugnant to modern concept of
social law.
IS THE EXERCISE OF RIGHT
ABSOLUTE?
• It cannot said that the person exercises a right when he necessarily
prejudices another or offends morals or good customs.
• It is not permissible to abuse our rights to prejudice others.
 ELEMENT OF ABUSE OF RIGHTS

1. There is a legal right of duty.

2. Such legal right or duty was exercised in bad faith;
and
3. The sole intent is to prejudice or to cause injury or
damage to another.
ILLUSTRATION
• Patrolman Santos volunteered to execute a warrant which was lawfully
issued by a judge against Pedro, his long time rival in the heart of
Christine to plant additional evidence to increase the chances of
conviction of Pedro.
 ARTICLE 20, CIVIL CODE OF THE
PHILIPINES
“Every person who contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same.”

NOTE:
• This provision of the Civil Code serves as a sanction to all violations
of right which cause damage to another irrespective of whether the
particular law that I violated provides damages or not.
 ARTICLE 21 , CIVIL CODE OF THE
PHILIPPINES
“Any person who willfully causes lass or injury to another in a manner that is contrary
to morals, good customs, or policy shall compensate the latter for the damage.”
NOTES:
• Article 21 provides liability even without violation of law. Hence , if the loss of injury is contrary to
morals, good customs and public policy, lability must arise under this article.
• The injury suffered may refer to any determinate right or property, whether material or otherwise, so long
as the requisites of willfulness and contravention of morals, good customs or public policy are present.
• This provisions only covers willful act. It is willful if it is done with knowledge of its injurious effect.
However, it is not required that the act be done purposely to produce the injury.
Exception Volenti Non- Fit Injuria:
• Principle of “Volenti Non- Fit Injuria”(to a willing person, no injury is
done), one is not legally injured if he has consented to the act complained
of or was willing that it should occur.
• This maxim has been said to mean that one, knowing and comprehending
a change, voluntarily exposed himself to it, even if he has negligent. In so
doing, he is deemed to have assumed the risk and is precluded from a
recovery for an injury resulting therefrom.
 ARTICLE 22, CIVIL CODE OF THE
PHILIPPINES
“Every person who through an act or performance by another, or by any
other means, acquires or comes into possession of something at the expense
of the latter without just cause or legal ground, shall return the same to him.”
NOTES:
• Article 22 embodies the maxim “Nemo ex alterius incommode debet lecupletari” which
means, NO man ought to reach out of another’s injury
• Doctrine of Unjust Enrichment “Solutio indebiti”- this doctrine contemplates payment when
there is no duty to pay and the person who receives the payment has no right to receive it.
 ARTICLE 23, CIVIL CODE OF THE
PHILIPPINES
“Even when an act or even causing damage to another’s property was
made not due to the fault or negligence of the defendant, the latter
shall be liable for indemnity if through the act or event he was
benefited.”

Can person be liable to another even he committed no fault?

Yes, if through the act or event he was benefited.”
CONCEPT OF LIABILY WITHOUT FAULT

• This concept is based on equity. An involuntary act , because of its

character cannot generally create an obligation, but when y such act its
author has been enriched, it is only just that should indemnify for the
damages caused, to the extent of his enrichment.
 SRTICLE 24, CIVIL CODE OF THE
PHILIPPINES
“In all contract, property or other relations, when one of the parties is at
disadvantage on account of his mora dependence, ignorance, indigence,
mental weakness, tender age, or other handicap, the court must be
vigilant for his protection.”
Vigilance for his protection of the Weak
• According to prominent Justice, this article must be meant that in case of
doubt, it should be resolved in favor of the underdog.
 Who are considered by law as Weak or
Underdog?
• Those who are morally dependent
• Ignorant
• Indigent
• Mentally weak
• Tender Age; and
• Handicap
Article 25 of the Civil Code of the Philippines

“Thoughtless extravagance in expenses for pleasure or display during a period of

acute public want or emergency may be stopped by other of the courts at the
instance of any government or private charitable institution.”

Notes:
• This provision reaffirms one of the sovereign powers of the state, police power.
• This article is necessary towards the attainment of social stability.
 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 a cause of action for damages, prevention
and other relief.”
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.”
 ARTICLE 27, CIVIL CODE OF THE
PHILIPPINES
“Any person suffering material or moral loss because a public servant or employee
refuses r neglects, without just cause, to perform his official duty may file an action for
damages and other relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.”
NOTE:
• there are common story that the public has heard about lagayan system. This was
said happened when a public officer without just cause, excuse, delays or to extent of
he will refuse to perform his duty until he gets some valuable consideration or lagay.
 ACCORDING TO VIBAR, THERE ARE
THREE KINDS OF BRIBES:
• PABAGSAK- the gift so that an illegal thing may be done.
• Pampadulas- the gift given to facilitate or expedite the doing of a legal
thing; and
• Pampasalamat- the gift given in appreciate of a thing already done.
 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
thereby suffers damage.”
 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. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer a
damages in case the complaint should be found to be malicious.
If in criminal case the judgement 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.”
 CAN A PERSON FILE AN INDEPENDENT
CIVIL ACTION WITJOUT RESERVSTION
• It depends where the civil liability arise .
• If the liability is arising from a delict, reservation is necessary in connection with the
article 200 of the revised Penal Code and Rule 111 Section 1 of the rules of Court.
• If the liability is based on the other sources of obligation, no need for the reservation.
NOTES:
• Articles 29,30, and 35 of the Civil Code are the liability arising from a delict, which
reservation is necessary.
• Articles 31,32,33,32 and 2117 of the Civil Code, no need for the reservation
 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.”
 ARTICLE 31, CIVIL CODE OF THE
PHILIPPINES
“When the civil action is based on an obligations
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 of the latter.”
 ARTICLE 32, CIVIL CODE OF THE
PHILIPPINES
“Any public officer or public employee, or any private individual, who are directly or
indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for damages:
1. Freedom of religion
Notes:
• Freedom of religion has three principal parts:
a. Non- establishment clause- no law shall be made respecting the establishment of religion, or prohibiting 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 shall be required for the exercise of civil rights
 What are the two aspects of religious
freedom?

1.Freedom to believe; and

2.Freedom to act on one’s beliefs
2. FREEDOM OF SPEECH;

3. FREEDOM TO WRITE FOR THE PRESS OR TO MAINTAIN A

PERIODICAL PUBLICATION- it implies the right to freely utter and publish
whenever the citizen may please and to be protected from any responsibility for
so doing, except so far as such publication, from their blasphemy, obscenity, or
scandalous character, may be a public offense, or as by their falsehood and
malice they may injuriously affect the standing reputation of pecuniary interest
of individuals.
 What is the difference between Arbitrary
Detention and Illegal Detention?
1. Arbitrary Detention- Unlawful detention of a person committed by public officers or officials
2. Illegal Detention- Unlawful detention of a person committed by private persons.
NOTES:
• Arbitrary Detention under article 124 of the Revised Penal Code should be further differentiated from
Delay in Delivery of a person to proper judicial authority under article 125 of the same code.
• In Arbitrary Detention, it is sufficient that a public officer or employee, without legal grounds, detains a
person. Hence, an important element is detention without any legal ground.
• In Delay in delivery of detained person to proper judicial authorities, the detention is with some legal
ground however, it became unlawful only when the public officer or employee shall fail to deliver su9ch
person to proper judicial authority within the period prescribed by Article 125 of Revised Penal Code.
 The prescribed periods under Article 125 are
as follows:
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 equivalent
5. FREEDOM OF SUFFRAGE

What is the right to suffrage?

• It is based upon the theory that the people who bear the
burden of the government should share in the privilege
of choosing the officials of that government.
 6. THE RIGHTS AGAINST THE DEPRIVATON OF
PROPERTY WITHOUT DUE PROCESS OF LAW;

7. THE RIGHT TO A JUST COMPENSATION WHEN PRIVATE PROPERTY IS

TAKEN FOR PUBLUC USE
Can private property be taken from its owner?
Yes but subject for 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 be observed in taking of the said property; and
4. That the taking shall only be exercised by the state or those whom the power has been
lawfully delegated.
 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 exercised by those to
whom the said power has been lawfully delegated.
8. THE RIGHT TO EQUAL
PROTECTION OF THE LAWS;
• It is a constitutional guarantee that all persons are equal before the law
which mean that what the constitution guarantees is not absolute equality
of all individual but only equality of opportunity, or protection given by
the law to persons or classes of persons who are similarly situated and
who therefor belong o a certain classification made by law.
NOTE:
• The constitutional guarantee of equal protection is not violated by
reasonable classification which is based on substantial distinction.
9. THE RIGHT TO BE SECURED IN ONE’S PERSON,
HOUSE, PAPERS, AND EFFECTS AGAINST
UNREASONABLE SEARCHES AND SEIZURES;

NOTE:
It is protection of (1) the sanctity and privacy of a person himself; and
of (2) the inviolability of a person’s home and his possessions
10. THE LIBERTY OF ABODE AND OF
CHANGING THE SAME;
• It is the right of a person to have his home or to maintain or change his
home, dwelling residence or habituation in whatever he ahs chosen, within
the limits prescribed by law, and to o where he pleases without
interference from anyone, except in the interest of national security, public
safety, or public health, as may be provided by law.
NOTE:
• The exception mentioned means that the liberty to abode and travel is
subject to the police power of the state.
11. THE PRIVACY OF COMMUNICATION
AND CORRESPONDENCE
• The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety order requires
otherwise as prescribed by law.
WHAT IS THE EFFECT IF PRIVACY OF COMMUNICATION AND
CORRESPODENCE IS VIOLATED?
Any evidence obtained in violation of this shall be inadmissible for any
purpose in any proceedings (sec. 3 (2), Art. 3 of 1987 Philippine
Constitution)
12. THE RIGHT TO BECOME A MEMBER OF
ASSOCIATIONS OR SOCIETIES FOR PURPOSES
NOT CONTRARY TO LAW
NOTE:
• The right of the people, including those employed in the public and
private sectors, to form unions , associations, or societies for purposes not
contrary to law shall not be abridged.
13. THE RIGHT TO TAKE PART IN A PEACEABLE
ASSEMBLY TP PETITION THE GOVERNMENT FOR
REDRESS OF GRIEVANCES
NOTE
• The exercise thereof should not be made to depend upon the issuance of
any permit. However, it may be subject to regulation, not prohibition of
the State, as to when and where it should be held.
14. THE RIGHT TO BE FREE FROM
INVOLUNTARY SERVITUDE IN ANY FORM
NOTE
• No one should be compelled or forced to work without his will.
15. THE RIGHT OF THE ACCUSED
AGAINST EXCESSIVE BAIL
NOTE
• The rationale behind the right to bail is that, the accused is presumed
innocent until his guilt is proven beyond reasonable doubt by final
judgement
• 1987 constitution prohibited excessive bail, because in effect, it is a denial
of bail.
16. THE RIGHT OF THE ACCUSED TO BE HEARD BY HIMSELF
AND COUNSEL, TO BE INFORMED OF THE NATURE AND CAUSE
OF ACCUSATION AGAINST HIM, TO HAVE A SPEEDY AND
PUBLIC TRIAL, TO MEET THE WITNESS FACE TO FACE , AND
TO HAVE COMPULSORY PROCESS TO SECURE THE
ATTENDANCE OF THE WITNESSES IN HIS BEHALF
 What is the right to counsel meant?
• This is a right of a person under the custodial investigation to have
competent and independent counsel preferably of his own choice. The
purpose of right to counsel during custodial investigation is to preclude
the slightest coercion as would lead the accused to admit something else.
17. FREEDOM FROM BEING COMPELLED TO BE A WITNESS
AGAINST ONE’S SELF, OR FROM BEING FORCE TO CONFESS
GUILT, OR FOR BEING INCLUDED BY A PROMISE OF IMMUNITY
OR REWARD TO MAKE SUCH CONFESSION, EXCEPT WHEN THE
PERSON CONFESSING BECOME A STATE WITNESS.

NOTE:
• This is a right against self- incimination
18. FREEDOM FOR EXCESSIVE FINES, OR CRUEL AND
UNUSUAL PUNISHMENT, UNLESS THE SAME IS IMPOSED OR
INFLICTED IN ACCORDANCE WHICH HAS NOT BEEN
JUDICIALLY DECLARED UNCONSTITUTIONAL;

19. FREEDOM OF ACCESS TO THE COURTS

NOTE:
Free access to the courts and quasi0-dudicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty
 ARTICLE 33, CIVIL CODE OF THE
PHILIPPINES
“In case of defamation, fraud and physical injuries, a civil actions for
damages, entirely separate and distinct from the criminal action , may be
brought by the injured party. Such civil action shall proceed independently
of the criminal prosecution, and shall require only preponderance of the
evidence.”
 ARTICLE 34, CIVIL CODE OF THE
PHILIPPINES
“When the member of any city or municipal police refuses or fails o render
aid or protection to any person in case of danger to life or property, such
peace officer shall be primarily liable for damage, and the city or
municipality shall be subsidiarily responsible therefore. The civil action
herein recognized shall be independent f any criminal proceedings, and any
preponderance of evidence shall suffice to support such action.”
 ARTICLE 35, CIVIL CODE OF THE
PHILIPPINES
“When a person claiming to be injured by a criminal offence, charge 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 ground to believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may
bring a civil action for damage against the alleged offender. Such civil action may be
supported by a preponderance of evidence. Upon the defendants motion, the court may
require the plaintiff to file a bond to indemnify the defendant in case the complaint should
be found malicious.
In during pendency of civil action, an information should be presented by the prosecuting
attorney, the civil action shall be susoended until the termination of criminal proceeding.
 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 promulgate and which shall not be in
conflict with the provisions of this code.”
What is prejudicial question?
This must which must be precede the criminal actions, which requires a
decision before the final judgment is rendered on the principal question with
which said accused is case connected.
END OF
CHAPTER 1