Human Relations: Article 19, Article 20 and Article 21 Flashcards
State Article 19 of the 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.
State Article 20 of the 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.
State Article 21 of the Civil Code of the Philippines?
Any person who willfully causes loss of injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage.
What are the standards in Article 19, which is commonly referred to as the principle of abuse of rights?
(1) to act with justice
(2) to give everyone his due
(3) to observe honesty and good faith
What are the elements or requisites of an abuse of right under Article 19?
(1) there is a legal right and duty
(2) which is exercised in bad faith
(3) for the sole intent of prejudicing or injuring another.
Define good faith.
Good faith refers to the state of mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of the other.
Define bad faith.
Bad faith does not simply connote bad judgement or simple negligence, dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of known duty due to some motives or interest or ill-will that partakes of the nature of fraud.
Define malice.
Malice connotes ill-will or spite and speaks not in response to duty. It implies an intention to do ulterior and unjustifiable harm. Malice is bad faith or bad motive.
Fill in the blanks: Article 21 deals with _________.
Acts contra bonus mores.
What are the elements of “acts contra bonus mores?
(1) there is an act which is legal
(2) but which is contrary to morals, good customs, public order, or public policy
(3) and it is done with intent to injure.
What is the common element under Articles 19 and 21?
The common element under Articles 19 and 21 is, the act must be intentional.
Define pari delicto.
It means in equal fault.
