Lawren

Article 19.  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. Lamberto Torrijos v. Court of Appeals L-40336, Oct. 24, 1975 FACTS: Wakat Diamnuan and his wife were the registered owners of one-fourth share of a parcel of land . On May 11, 1968, Wakat Diamnuan and his wile sold their one-fourth share in f avor of petitioner Torrijos for P7,493.00. In 1969, the entire property, together with the share of Wakat Diamnuan and his wife, was sold to Victor de Guia for P 189,379.50.  Hence, Torrijos prosecuted Wakat Diamnuan for estafa before the Baguio Court of First Instance, docketed as Criminal Case No. 70 entitled " People of the Philippines versus Wika Diamnuan. " Decision by judge: imprisonment of 3 months of  arresto mayor , to pay a fine of P7,493.00 with subsidiary imprisonment,  to indemnify petitioner Lamberto Torrijos in the sum of P7,493.00 ...

Article 19.  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. Nera v. Garcia G.R. No. L-13160. January 30, 1960   Facts:   Nera served as clerk in the Maternity and Children’s Hospital, a government institution under the supervision of the Bureau of Hospitals and the Department of Health. He also served as manager and cashier of the Maternity Employer’s Cooperative Association, Inc. Having hold of the positions, the fund of the association is supposedly under his control. On May 11, 1956, he was charged before the Court of First Instance of Manila with malversation for allegedly misappropriating a certain amount of money which belongs to the association. After a few months, a certain Simplicio Balcos, filed an administrative complaint case against Nera. Nera was suspended as clerk of the said hospital, as approved by respondent Garcia, Secretary of Health...

Article 19.  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. ALFREDO M. VELAYO vs. SHELL G.R. No. L-7817, October 31, 1956.   FACTS: CALI, a domestic airline corporation, met with its creditors to inform them that the corporation was on the verge of insolvency and had to stop operations. To ensure payment of their claims against CALI, the creditors agreed that it would be advantageous not to present suits against CALI but to strive for a fair pro-rata division of its assets, although CALI announced that in case of non-agreement of the creditors on a pro-rata division of the assets, it would file insolvency proceedings. Right after the meeting, defendant Shell Philippines, one of CALI’s creditors who was present in the meeting and who agreed to the pro-rata division, assigned its credit to its sister company, Shell USA. Shell USA then filed with a California...

  The Board of Liquidators v. Heirs of Maximo M. Kalaw, et al. L-18805, Aug. 14, 1967 FACTS: Maximo M. Kalaw, as general manager of the governmental organization, the National Coconut Corporation (NACOCO), entered into various contracts (involving the sale of copra), without prior authority of the Board of Directors. However, he later presented the contracts to the Board for ratification. Under NACOCO’s corporate by-laws, prior approval is required. The Board ratified said contracts (although Kalaw had informed them that losses would be incurred, due to typhoons, etc.). After Kalaw’s death, action was brought against Kalaw’s heirs (and against the members of the Board) to recover governmental losses in the transactions. The action was brought by the Board of Liquidators (an entity that took the place of NACOCO, after it was dissolved).   ISSUE: Can damages be recovered? HELD: Damages cannot be recovered, for Kalaw and the Board did not act in bad faith. Several reasons m...

Article 19.  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. In Re Emil P. Jurado | 243 SCRA 299 (1995) FACTS: Emiliano P. Jurado, a lawyer and a journalist who writes in a newspaper of general circulation (Manila Standard) wrote about alleged improprieties and irregularities in the judiciary over several months (from about October 1992 to March 1993). Other journalists had also been making reports or comments on the same subject. At the same time, anonymous communications were being extensively circulated, by hand and through the mail, about alleged venality and corruption in the courts. What was particularly given attention by the Supreme Court was his column entitled “Who will judge the Justices?” referring to a report that six justices, their spouses and children and grandchildren (a total of 36 persons) spent a vacation in Hong Kong, and that luxurious hote...

Article 19.   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. Article 20.  Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. Article 21.  Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Can damages be awarded on self-inflicted injuries? GARCIANO v. COURT OF APPEALS  GR No. 96126 August 20, 1992  PETITIONER: ESTERIA F. GARCIANO RESPONDENTS: THE HON. COURT OF APPEALS, EMERITO LABAJO, LUNISITA MARODA, LALIANA DIONES, CANONISA PANINSORO, DIONISIO ROSAL, REMEDIOS GALUSO, FLORDELUNA PETALCORIN, MELCHIZEDECH LOON, NORBERTA MARODA and JOSEPH WIERTZ SUMMARY: Esteria Garciano is a teacher at the Immaculate Concepcion Institute. She was hired to teach during 1...

Article 19.  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. GLOBE MACKAY CABLE AND RADIO CORP., and HERBERT C. HENDRY,  petitioners vs. THE HONORABLE COURT OF APPEALS and RESTITUTO M. TOBIAS, respondents.   G.R. No. 81262 August 25, 1989     FACTS: Private respondent Tobias was an employee of petitioner GLOBE MACKAY as its purchasing agent and administrative assistant. Anomalies in the petitioner’s company were later allegedly discovered by Tobias regarding fictitious purchases and other fraudulent transactions. Hendry, Executive Vice-­President and General Manager of GLOBE MACKAY, confronted Tobias stating the latter as the number one suspect and ordered a one week forced leave.   When Tobias reported for work after the forced leave, petitioner Hendry called him a “crook” and a “swindler.” He was also asked to take a lie-­det...

 Albetz Investments, Inc. v. Court of Appeals L-32570, Feb. 28, 1977 FACTS: Having won a case in a final and executory judgment, the winning party, in having the judgment executed, did not give the occupants of a house (sought to be demolished) sufficient time to remove their personal belongings. Are said occupants entitled to damages? HELD: Since no reasonable time was given, and the belongings were damaged, the demolition of the house may be said to have been carried out in a manner not consistent with justice and good faith, as required by Art. 19 of the Civil Code. Damages may therefore be awarded in view of this abuse of a right.