Report No. 2 The CIVIL CODE of the Philippines - ARTICLE 19

The CIVIL CODE

R.A. No. 386

ARTICLE 19

Reported by:

JOY G DE LOYOLA

MARY GRACE DE LUMBAN

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

Definition of Terms

Right- Every well-grounded claim on other is called a right, and, since the social character of man gives the element of mutuality to each claim, every right conveys along with it the idea of obligation.

Duty- A human action which is exactly conformable to the laws which requires us to obey them. A moral obligation or responsibility

Justice - The constant and perpetual disposition to render to every man his due.

Good Faith-  An honest intention to abstain from taking any unconscientiously advantage of another, even though the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientiously.

Coverage of the law

The foregoing rule pervades the entire legal system, and renders impossible that a person who suffers damage because another has violated some legal provision, should find himself without relief.

Necessity for the law

It has been said that since law is the mode of regulating conduct by means of sanctions imposed by politically organized society, and since law prescribes rather than describes, the codifiers, in formulating these new provision have seen fit to indicate the range of allowable conduct among the citizens of the Philippines and they have done it in an imperative mode, form, and context.

The core of Article 19, NCC is bad faith

It is a well-settled rule that good faith is always presumed. Bad Faith is never presumed, for whoever alleges bad faith has the burden of proving it.