LAW AND JUSTICE PHILOSOPHY OF LAW (DEC 2, 2023)

Held: No.

G.R. No. 141855 February 6, 2001 ZACARIAS COMETA While there is no dispute that mere inadequacy of the
price per se will not set aside a judicial sale of real property,
and HERCO REALTY & AGRICULTURAL CORPORATION,
nevertheless, where the inadequacy of the price is purely
petitioners, vs. COURT OF APPEALS and JOSE FRANCO, shocking to the conscience, such that the mind revolts at it and
respondents. such that a reasonable man would neither directly or indirectly
be likely to consent to it, the same will be set aside.
Facts:
We test a law by its result. A law should not be
Petition for review of the decision of the Court of
interpreted so as to cause an injustice. Law and justice are
Appeals denying the petitioner’s motion for reconsideration.
inseparable, and we must keep them so. It need not be
July 1976- Court of First Instance awarded damages emphasized that rules of procedure must be interpreted in a
amounting to P 57,396.85 to Jose Franco manner that will help secure and not defeat justice.

March 1978- Writ of Execution was issued when the Rules of procedure are mere tools designed to
judgment became final. facilitate the attainment of justice, their strict and rigid
application which would result in technicalities that tend to
October 1978- two (2) of the lots were sold to frustrate rather than promote substantial justice must always
respondent Franco at public auction at the price equivalent to be avoided. Technicality should not be allowed to stand in
the damages (P 57k) the way of equitably and completely resolving the rights
Herco Realty, the other petitioner in this case assailed and obligations of the parties
the validity of the auction sale on the ff grounds: __________________________________________________
-the sheriff disregarded proper procedural practice, after
[G.R. NO. 148311. March 31, 2005] IN THE MATTER OF
immediately proceeded against Cometa's real properties
without first exhausting his personal properties;
THE ADOPTION OF STEPHANIE NATHY ASTORGA
GARCIA HONORATO B. CATINDIG, Petitioner.
-that the lots were sold en masse and not by parcel;
Facts:
-and that the said properties which are commercial lots in
Makati, and are conservatively valued at P500,000.00, were Honorato B. Catindig, herein petitioner, filed a
sold only for P57,396.85 petition to adopt his minor illegitimate child Stephanie Nathy
Astorga Garcia. He alleged therein, among others, that:
RTC ordered the cancellation of the COT to the lots Stephanie was born on June 26, 1994, her mother is Gemma
and to issue new ones in favor of Franco which was question Astorga Garcia, Stephanie has been using her mother’s middle
by Cometa through a Petition for Certiorari. name and surname and he is now a widower and qualified to
Franco filed a motion for Writ of Possession which be her adopting parent.
was granted by the trial court; then reconsidered due to He prayed that Stephanie’s middle name Astorga be
prematurity. Franco filed a special civil action for certiorari to changed to “Garcia,” her mother’s surname, and that her
the SC which granted the Writ of Possession. (Branch 140) surname “Garcia” be changed to “Catindig,” his surname.
Cometa and Herco, on the other hand elevated the Issue: Whether or not an illegitimate child, upon adoption by
case to the SC which granted their petition and ordered the her natural father, may use the surname of her natural mother
withholding of the grant of Writ of Possession of Franco. Also, as her middle name.
lack of equitable consideration was the basis for the reversal of
the decision granting the motion for reconsideration filed by Held: Yes. There is no law prohibiting an illegitimate child
the Petitioner. adopted by her natural father, like Stephanie, to use, as middle
name her mother's surname, we find no reason why she should
However, Civil Case No. 43846 was dismissed on ground of not be allowed to do so.
"lack of interest in the prosecution of the complaint" for
failure of the representatives of Corneta and Herco to appear. It is a settled rule that adoption statutes, being humane
and salutary, should be liberally construed to carry out the
After the dismissal of the civil case due to lack of interest, beneficent purposes of adoption.
the validity of the levy and sale became final and
executory. The interests and welfare of the adopted child are of
primary and paramount consideration; hence, every reasonable
intendment should be sustained to promote and fulfill these
Issue: Whether they can still redeem the properties. noble and compassionate objectives of the law.
LAW AND JUSTICE PHILOSOPHY OF LAW (DEC 2, 2023)
Lastly, Art. 10 of the New Civil Code provides that: “Every person must in the exercise of his rights and
"In case of doubt in the interpretation or application of laws, in the performance of his duties, act with justice, give
it is presumed that the lawmaking body intended right and everyone his due, and observe honesty and good faith”
justice to prevail."
_________________________________________________ Article 19 prescribes that a person should not use his
right unjustly or contrary to honesty and good faith, otherwise
G.R. No. 146322 December 6, 2006 ERNESTO RAMAS he opens himself to liability. It seeks to preclude the use of, or
UYPITCHING and RAMAS UYPITCHING SONS, INC., the tendency to use, a legal right (or duty) as a means to unjust
ends;
petitioners, vs. ERNESTO QUIAMCO, respondent.
There is an abuse of right when it is exercised
Facts:
solely to prejudice or injure another.
Respondent Ernesto C. Quiamco was approached by
The exercise of a right must be:
Davalan, Gabutero and Generoso to amicably settle the civil
aspect of a criminal case for robbery filed by Quiamco against  in accordance with the purpose for which it was
them. The motorcycle had been sold on installment basis to established and must not be excessive or unduly harsh;
Gabutero by RUSI, a family- owned corporation managed by  there must be no intention to harm another.
petitioner.

To secure its payment, the motorcycle was

mortgaged to RUSI. When Gabutero could no longer pay the CALALANG VS. WILLIAMS (70 Phil. 726, December 2,
installments, Davalan assumed the obligation and continued 1940
the payments. However, Davalan stopped paying the
remaining installments and told petitioner corporation’s
Facts:
collector that the motorcycle had allegedly been “taken by
respondent’s men.”
Pursuant to the power delegated to it by the
Legislature, the Director of Public Works promulgated
Thereafter, petitioner accompanied by policemen to rules and regulations pertaining to the closure of
recover the motorcycle. Petitioner paced back and forth inside
Rosario Street and Rizal Avenue to traffic of animal-
the establishment uttering “Quiamco is a thief of a
motorcycle.” drawn vehicles for a year from the date of the opening
of the Colgante Bridge to traffic;
Petitioner filed a criminal complaint for qualified
theft and/or violation of the Anti- Fencing Law against
Petitioner’s arguments: Petitioner avers that
respondent.
 the rules and regulations complained of infringe
Respondent moved for dismissal because the upon constitutional precept on the promotion of
complaint did not charge an offense as he had neither stolen social justice to insure the well being and economic
nor bought the motorcycle.
security of all people and
Office of the City Prosecutor ruling- dismissed the  constitutes unlawful interference with legitimate
complaint business or trade
RTC ruling- petitioner was motivated with malice and ill will  abridge the right to personal liberty and freedom of
when he called respondent a thief, took the motorcycle in an locomotion
abusive manner and filed a baseless complaint for qualified
theft and/or violation of the Anti- Fencing Law. Thus, liable Issue: Whether or not the rules and regulation promote
for damages (P500k-moral damages; P200k-exemplary social justice.
damages; P50k-atty’s fees.)
Held: Yes. It still promotes social justice. In enacting the
Issue: said law, the National Assembly was prompted by
Whether or not petitioners’ acts violated the law as well as considerations of public convenience and welfare. The
public morals, and transgressed the proper norms of human promotion of Social Justice is to be adhered not through
relations. a mistaken sympathy towards any given group (e.g. the
poor – because social justice is bringing the greatest
Held: Yes. Uypitching, blatantly disregarded the lawful
procedure for the enforcement of its right, to the prejudice of good to the greatest number, not necessarily just the
respondent. poor like the drivers of the animal-drawn vehicles).

Principle of abuse of right Article 19 of the Civil Code: Memorize!!

 LAW AND JUSTICE PHILOSOPHY OF LAW (DEC 2, 2023)
Social justice is "neither communism, nor despotism, nor Issue: Whether or not the court correctly applied the provision
atomism, nor anarchy," but the humanization of laws of Article 19 of the New Civil Code without considering the
applicable provision of Article 429 of the same code.
and the equalization of social and economic forces by the
State so that justice in its rational and objectively secular Held: No. Petitioners act was arbitrary, injurious and
conception may at least be approximated prejudicial to the respondent. Petitioner failed to act with
justice and give the respondent what is due to it when the
petitioner unceremoniously cut off the respondent’s water
service connection.
MWSS VS. ACT THEATER (G.R. No. 147076, June 17,
Petitioner, as the owner of the utility, had the right to
2004)
exclude any person from the enjoyment and disposal thereof.
Facts: However, the exercise of rights is not without limitations.
Having the right should not be confused with the manner by
Four employees of the respondent Act Theater, Inc. which such right is to be exercised.
were apprehended by members of the Quezon City police force
for allegedly tampering a water meter in violation of P.D. No. Article 19 of the Civil Code precisely sets the norms
401, as amended by B.P. Blg. 876; for the exercise of one’s rights:

The respondent's employees were subsequently Art. 19. Every person must, in the exercise of his
criminally charged. On account of the incident, the rights and in the performance of his duties, act with justice,
respondent's water service connection was cut off. give everyone his due, and observe honesty and good faith.
Consequently, the respondent filed a complaint for injunction While it is true that MWSS sent notice of
with damages. investigation prior to the disconnection, this was done only a
Respondent’s argument: few hours before the actual disconnection.

Respondent alleged in its complaint filed with the court a quo When a right is exercised in a manner which discards
that the petitioner acted arbitrarily, whimsically and these norms resulting in damage to another, a legal wrong is
capriciously, in cutting off the respondent's water service committed for which actor can be held accountable.
connection without prior notice. Due to lack of water, the
health and sanitation, not only of the respondent's patrons but in DEL CASTILLO VS. NLRC (176 SCRA 229, August 10,
the surrounding premises as well, were adversely affected. 1989)

Petitioner’s argument: Facts:

The petitioner insists that in cutting off the respondents’ water The petitioner was the Credit and Collection Manager
service connection, the petitioner merely exercised its of Mariwasa from August 16, 1973 up to April 1, 1981, when
proprietary right under Article 429 of the Civil Code. the company terminated his services for dishonesty, grave
abuse of discretion, gross negligence, and violation of
Art. 429. The owner or lawful possessor of a thing has the employment policies and procedures;
right to exclude any person from the enjoyment and disposal
thereof. For this purpose, he may use such force as may be Among his duties was to file collection suits against
reasonable to repel or prevent an actual or threatened unlawful defaulting dealers and customers. One such dealer was the
physical invasion or usurpation of his property. Anchor Fishing and Trading Supply owned by
Henry Samar of Legaspi City. A judgment by compromise
was entered against Samar.
Lower Court’s decision: for failure of the prosecution to Upon the debtor's failure to comply with the
prove the guilt of the accused beyond reasonable doubt, the judgment, a writ of execution was issued by the court. In the
four (4) above-named Accused are hereby ACQUITTED of implementation of the writ, a levy was made by the Deputy
the crime charged Sheriff of Legaspi City on 12 parcels of land owned
by Samar. However, the sale of the levied properties at public
CA’s decision: Dismissed the appeal. The court a
auction was aborted because, at the petitioner's
quo correctly found that the petitioners act of cutting off the
behest, Samar signed on December 22, 1979, a Deed of Sale
respondents water service connection without prior notice was
of 10 out of 12, of his parcels of land in favor of Mariwasa,
arbitrary, injurious and prejudicial to the latter justifying the
and another sale of the remaining two 2 parcels to the
award of damages under Article 19 of the Civil Code.
petitioner
LAW AND JUSTICE PHILOSOPHY OF LAW (DEC 2, 2023)
• A report of this transaction reached the company We hold that the NLRC and the Labor Arbiter
through some unidentified informant; correctly found that petitioner was lawfully dismissed for a
just cause - dishonesty. However, they erred in awarding to
• Having some premonition of impending trouble, him separation pay. An employee who is found guilty of
petitioner wrote a letter to Emerson T. Coseteng, president dishonesty deserves no such reward.
of Mariwasa, offering to resign but with salary up to May
1981, separation pay, and cash conversion of his vacation and There should be no question that where it comes to
sick leaves. He also applied for a 15-day vacation leave such valid but not iniquitous causes as failure to comply with
effective March 16, 1981; work standards, the grant of separation pay to the dismissed
employee may be both just and compassionate.
• However, before he could take a
vacation, the company's manager advised him on March 13, The award to the employee of separation pay would
1981 that effective on that date he was being suspended be sustainable under the social justice policy even if the
indefinitely that an investigation of his activities was being separation is for cause. But where the cause of the separation
conducted; and that he should effect a smooth turnover of his is more serious than mere inefficiency, the generosity of the
department to the officer-in-charge of the Special Task Force; law must be more discerning.

• On March 16, 1981, Mariwasa sent telegrams and If there is not only inefficiency but immorality and
memos to its branches advising them that the petitioner was no the grant of separation pay would be entirely unjustified.
longer connected with the company, that Cris Cifra had taken We hold that henceforth separation pay shall be allowed as a
his place, and that any transactions with him after March 13, measure of social justice only in those instances where the
1981 would not be honored by the company. On March 17, employee is validly dismissed for causes other than serious
1981, petitioner addressed a letter to the Personnel Manager, misconduct or those reflecting on his moral character.
Rogelio Antalan, reiterating his request to be allowed to resign
with separation pay and with vacation leaves and sick leaves Just cause- perpetrated by the employee
conversion;
Exemption of “Just Cause”:
• Shortly thereafter, he learned about the company's
memos to its branches and dealers deauthorizing him to do Doctrine of Compassionate Justice
business with them;
Authorized cause- not due to the employee
• In a letter dated April 3, 1981 to the manager, he
withdrew his offer to resign and his application for a 15-day
leave. He assailed the order for his indefinite suspension and
investigation and asked the company to recall it;

• On April 8, 1981, the company advised him that his

services were terminated effective April 1, 1981 for loss of
trust and confidence. He, thereafter, filed a complaint for
illegal dismissal in the NLRC;

Labor Arbiter’s decision: Complainant has not been

accorded his basic right to due process for he was already
dismissed from the service before any investigation was
formally conducted by the said company. Nevertheless, he
held that respondent company had every reason to sever, as in
fact, it did sever, its relationship with the complainant for he
prostituted his office in order to gain material wealth at the
expense of the company;

Dismissed the complaint and ordered the respondent

to pay the complainant separation pay equivalent to 5 and
1/2 months salary.

NLRC decision: Affirmed the Labor Arbiter’s decision.

Issue: Whether the responded should be granted separation

pay.

Held: No.