Amte 420 Merged
Amte 420 Merged
Amte 420 Merged
Amoral person
Ethics versus Morality
Ethics Morality
Greek term ethos (custom) Latin term mos (custom)
Deals more on the Deals more on the
principles and laws on the implementation of ethical
morality of human acts principles and laws
Provides knowledge what Doing acts in accordance
to do and how to do it with ethical norms
Guides to the performance Practice of ethics
of an act
The Object of Ethics
Material Object
Subject matter to be studied, i.e. human act
Formal Object
What is learned and how to be applied, i.e. morality
of human act
Formula Object Quo
Human reason employed in the study of the course
Importance of the Study of Ethics
1. To sharpen the moral nature of the learners by inculcating
the moral norms;
2. To make them aware of the moral principles and laws
governing man’s actions;
3. To become aware of the intimate relation between their
moral nature and laws;
4. To show that acting in accordance with rational and moral
nature could lead to supernatural destiny – God;
5. To develop a morally upright living; and
6. To realize that people cannot live together harmoniously in
society without ethical norms and applied or followed.
Division of Ethics
General Ethics
Basic course in the science of Ethics
Basic notions and fundamental principles and norms of
morality
Brief study of philosophy of man
Applied/Special Ethics
Special concerns to which moral norms applied and
principles applied
Philosophy of Man
Man
Corporeal and rational
Spiritual and moral
Conscious and directed to certain goals in life
Acts are subject to morality
Speak and behave according to moral norms
Only moral being on earth
Founders of the Philosophy of Man
Socrates Plato Aristotle
Man is… Made of body Made of body and soul Made of body
and soul and soul.
Soul is… Distinct from the Immediate product of Soul dies along
body and is God’s action. It is spiritual, with the body
likened to God rational, autonomous and
memory, immortal. It is incarnated
understanding, into bodies. It is the
indivisibility, and thinking principle. It is
immortality liberated by death.
Happiness Attained only by If man lives well on earth, It is not a state
is… man’s intellectual his soul will go to a place but an activity.
virtue of happiness.
Socrates
469-399 BC
Soul is distinct from the
body
Soul is likened to God
in memory,
understanding,
indivisibility, and
immortality
Socrates
Human beings
naturally desire
happiness
Pleasures that result
from pursuing virtue
and knowledge are
of a higher quality
than the pleasures
resulting from
satisfying more animal
desires
Intellect versus Will
Intellect Will
Highest Goal Wisdom Virtue
Goal Truth Good
Function Thinking Doing
Purpose Knowing Choosing
Plato
427-347 BC
Student of Socrates
Soul is immediate
product of God’s
action
Transmigration
Soul is immortal and
unchanging
Souls are incarnated
into bodies
Plato
Posited an unreal world
of the senses (the world
we are currently in) and
a real world of ideal
forms (the world of
ideal forms, the world of
forms being where our
soul first resided)
We must choose to live
well and be truly happy
Plato
To be truly happy rests on cardinal virtues:
Wisdom – related to intellect. Uses mind to understand
moral reality and then apply it to daily life.
Courage – related how we face adversity and show
one’s convictions.
Moderation – related to desires. We must not let our
desires for food, sex, and drink control our lives in a
way that compromises our character.
Justice – related to one’s overall character. Reason
rules the appetites and our desire for honor.
Aristotle
384-322 BC
Soul is the substantial
form of the human body
Body and soul are
different aspects of the
same thing
Body = matter
Soul = form
To be happy we must
live in accordance with
the function of human
nature
Aristotle
Soul is the structure of the body – its function and
organization
Soul dies along with the body
Examples if they are living things
Ax: body is made of wood and metal, and soul is the thing which
made it an axe i.e. it’s capacity to chop. If it lost the ability to chop it
would cease to be an axe.
Eye: when it no longer sees then it is an eye in the name only.
Hierarchy of living things
Plants – vegetative soul
Animals – above plants because they have appetites
Humans – above animals because it has the power of reason
Notions of Man
Man as body-soul composite
Man as a rational animal
Man not merely as corporeal and spiritual, but also
rational
Man as embodied subjectivity
Man is not a static entity, he undergoes a continuous
change (physical and mental or spiritual). He changes
for the better. He grows and develops.
Notions of Man
Man is a being-in-this-world
In view of phenomenologist, man exists in this world. He
is link to physical world. There is an interconnection
between the world and the human body. Man gives
meaning to the world and vice versa. Man is worldly.
Man as socius and interhuman
Man lives in the midst of fellowmen. Man has social
nature, he seeks the company of other men. The relation
is dynamic and fruitful.
Notions of Man
Man as a person
Man has drive to improve and develop himself in the
journey of life. He has to move and climb the social ladder.
He has to work out to move from manhood to personhood,
sometimes through education.
Man as an absolute value
In Christian thought, man is the center of the universe, giving
meaning to it, a being of human dignity created in the
image and likeness of God, he cannot be valued in terms of
material or money which are of temporary value. His value
is absolute and infinite in the sight of his creator and
parents.
Human Existential Experiences
The experience of good
E.g.joy, healthiness, fullness, life
Man knows, feels, do, and attracted to things that are
good. Because by nature, man is good himself. He is
created and procreated good.
Man does not only experience the good, he himself as
a being is goodness.
Experience of the evil (pain, deprivation, suffering,
death) confirms the experience of the good.
Human Existential Experiences
The experience of the beautiful
Man’s capacity to appreciate is directed toward
beautiful, whether value or an act.
When man perceives an object of beauty or a
beautiful lady, his hears starts to beat faster and tends
to move towards it. He wishes himself and others to be
beautiful.
Human Existential Experiences
The experience of love
Every human creature has the capacity to love; to love
himself, to love others, and God.
He also feels the need to be loved by other people like
his parents, brothers and sisters, and friends.
It is love that keeps man alive. It is love that makes him
happy. Without love man cannot exist even a single
moment.
Human Existential Experiences
The experience of happiness
If life is all pain, suffering and sorrow, the live person is
between living and dying.
Happiness is the goal of human living and the crowning
point of human existence.
Natural tendency and innate desire.
Looking
Seeing
Dreaming
Day dreaming
Hearing
Listening
Walking
Sleepwalking
Classification of Human Acts
Classification of Human Acts
Complete or adequate cause
Elicited Acts
Wish, Intention, Consent, Election, Use, Fruition
Commanded Acts
Internal, External, Mixed
Relation to dictates of reason
Good, Evil, Indifferent
Complete or adequate cause
Elicited Acts
Commanded Acts
Elicited Acts
Emanates from the will of the agent.
Acts begin and are perfected in the will itself, and
the rest begin and are perfected by other faculties
under the control of the will.
Wish
Intention
Consent
Election
Use
Fruition
Elicited Acts: Wish
A natural inclination of the will towards an object.
The simple love of anything.
The first tendency of the will towards a thing,
whether this thing be realizable or not.
Example:
I wish to become the president of the Philippines.
Elicited Acts: Intention
The will’s tendency towards something attainable
but not obligatory.
Example:
I intend to study in PATTS next semester.
Elicited Acts: Consent
The acceptance of the will of the means necessary
to carry out intention
It is further intention of doing what is necessary to
realize the first or main intention
Example:
Ifyou would like to go an a vacation, you will consent
to preparation necessary for the trip.
Elicited Acts: Election
The selection by the will of the precise means to be
employed (consented to) in carrying out an intention
Example:
If
going on a vacation, you should elect or select a
means, like sail on a ship instead of a plane.
Elicited Acts: Use
The will’s command to make use of the selected
means in carrying out the intention
The employment by the will of powers (of body,
mind, or both) to carry out what you elected
Example:
When you intend to go on a vacation, and choose to
sail on a ship, you should put your body in action.
Elicited Acts: Fruition
The enjoyment of the will as a result of the
attainment of the object desired earlier.
The will’s act of satisfaction in intention fulfilled.
Example:
Happiness you felt after going on a vacation.
Commanded Acts
Body-mind acts done to carry out the elicited act
of the subject or agent
Perfected by the action of mental or bodily
powers under the control of the will, or more so,
under orders from the will
Internal
External
Mixed
Commanded Acts: Internal Acts
Acts done by internal mental power under
command of the will
Examples:
Effortto remember or intentional recall, conscious
reasoning, nerving one self to meet an issue, effort to
control anger, meditation
Commanded Acts: External Acts
Acts affected by bodily powers under the
command of the will
Examples:
Deliberate walking, eating, speaking, hand gestures
and writing
Commanded Acts: Mixed Acts
Acts that involved the employment of bodily
powers and mental powers
Examples:
Studying involves the use of intellect and use of eyes in
reading, playing chess
Relation to dictates of reason
Relation to dictates of reason
Human acts are either in agreement or in
disagreement with the dictates of reason, and this
relation with reason constitutes their morality.
On the score of their morality, human acts are:
Good
when they are in harmony with the dictates of reason
Evil
when they are in opposition to these dictates of reason
Indifferent
when they stand in no positive relation to the dictates of reason
Dictates of reason
These are shared consciousness of prudent people
about the manner of action or behaviour.
Norm of morality which is the standard by which
actions are judged as good or evil.
Essential Qualities of Human Acts
Three Essential Qualities of Human Acts
Answer:
A human act cannot be caused to be performed without an
object involve. For every act that is done, there is always a
corresponding end or a goal, and this end in view that gives
the act the reason for its existence. If there is an act, the agent
has an objective in mind. To attain such, he makes the act as a
means to reach that objective.
Human Acts and Responsibility
Responsibility
The ability of an individual to give a fitting
response to a human situation that involves human
needs.
Responsible Person
Has that feeling of moral obligation to do an act as a
response to the demand of the situation.
The agent, who is a moral person, feels that he must do
“what-ought-to-be-done” to the demand of the
prevailing situation. His conscience tells him from within
that he must do something for the situation.
Responsibility
The agent’s act of responding to the call is free,
conscious, and voluntary act.
The agent becomes responsible then for whatever
is the consequence.
Responding positively = fulfilment as a person
Denial to the call = retardation and self-destruction
Example
Mother Teresa from Europe helping people in India
facing poverty causing deaths due to hunger. Made
a campaign to feed and cure the sick people in
India.
She responded favourably to the call. As a result
she was considered a “living saint” and awarded
a “Nobel Prize”.
Free will and Freedom
Free will
“Will” is man’s natural tendency of being attracted
to what is good and beautiful and to be repulsed
from what is evil and ugly, after they have been
presented by the intellect.
To Illustrate, a beautiful lady is presented to the
gentleman; the lady attracts the attention and WILL
(love) of the man.
In other words, the gentleman wills to the lady
Free will
The will is free when it acts without any pressure
from outside. We call this human free will.
In the performance of the human act, free will is
involved.
The act cannot be human without free will.
Without it, the act would be classified as an “act of
man”.
Freedom
St. Thomas defines freedom of the will as the
“power which men have of determining their
actions according to the judgement of their
reason”.
Negatively defined as the absence of constriction.
Positively, it is the power to be and to act under
free will and choice.
Our FREEDOM is “situated” or limited by the rights
of others, things or persons.
Freedom
It is not the power to do what we like, but the right
of being able to do what we know we ought to do
in relation to our ultimate end.
Both freedom and responsibility are interlinked
with each other and as such inseparable.
There are many things in man that he would like to
do but he cannot do, like to stay young forever and
to know everything.
Although one’s freedom is limited, he is free in his
choices.
Modifiers of Human Acts
Modifiers of Human Acts
Things that affect the human acts.
Lessen the moral character of the human act.
Diminish the responsibility of the agent.
Modifiers of Human Acts:
Ignorance
Concupiscence
Violence
Fear
Habit
Ignorance
Absence of the intellectual knowledge in man
It is also the presence of what is falsely supposed to
be knowledge called mistake, error, or positive
ignorance.
When it is the absence of knowledge that ought to be
present, the ignorance is not merely negative, but
privative.
Example: Ignorance of mathematics by a worker is merely
negative, but for an engineer or architect it is privative.
Ignorance in its object
Ignorance in its subject
Ignorance in its result
Ignorance
Ignorance in its object
The things of which a person may be ignorant in
matters of law, fact, or penalty.
Ignorance of Fact
Ignorance of the nature or circumstance of an act as
forbidden
Example:
A student smokes inside the library, where he was caught by
school security men, not knowing the a sign prohibits the said acts.
A pedestrian used the forbidden lane because he doesn’t know
that the underpass is in use.
Ignorance
Ignorance of Law
Ignorance of the existence of a duty, rule, or regulation
Example:
A freshman comes to school with fever to take an exam in
Chemistry not knowing that a memo has been passed prohibiting
anyone to attend his class with symptoms of AH1N1.
Ignorance of Penalty
Lack of knowledge of the precise sanction
Ignorance
Ignorance in its subject
Subject – persons in whom ignorance exists
Vincible Ignorance
Conquerable ignorance since it can and should be
supplanted by knowledge.
Can be dispelled by use of ordinary diligence.
Invincible Ignorance
Ignorance that ordinary and proper diligence cannot dispel.
The subject has no realization of his lack of knowledge, or
he realizes his ignorance but finds his effort ineffective.
Ignorance
Vincible Ignorance
Example: A Catholic eats meat, wholly unaware that the day
is Friday, a day of abstinence.
It is a culpable ignorance.
Invincible Ignorance
Example: The inability of a person to dispel his lack of
knowledge due to insurmountable difficulties needed to
overcome.
It is an inculpable ignorance.
Ignorance
Ignorance in its result
Ignorance with reference to acts performed while
ignorance exists.
Antecedent ignorance
Precedes all consent of the will.
Example:
A student comes to school not knowing that the day was declared
a holiday for the area where the school is located.
A chef serves a poisonous mushroom soup not knowing that it can
cause the death of customers.
Ignorance
Concomitant ignorance
Ignorancewhich accompanies an act that would have been
performed even if the ignorance did not exist.
Example:
A student misses his Ethics class, but even if he knows, he will still
miss it.
Consequent ignorance
This
is what follows upon an act of the will.
Example:
A doctor suspects that the patient’s disease is cancerous but
deliberately refrain from making sure and does not inform him.
Concupiscence
The bodily appetites or tendencies which are called
the passions, and enumerated as: love, hatred, joy,
grief, desire, fear, aversion, horror, hope, despair,
courage or daring, and anger.
Antecedent concupiscence or passion
Consequent concupiscence or passion
Concupiscence
Antecedent Concupiscence
This is an act of man and an inculpable passion.
When passions sprung into the action unstimulated by any
act of the will.
Always lessens the voluntariness of the act and diminishes
the responsibility since it hinders reflection of reason and
weakens attention.
Does not destroy the responsibility of the agent since
knowledge and freedom may be lessened but he is still the
master of his acts.
Example:
The feeling of joy upon suddenly seeing a beautiful landscape.
Concupiscence
Consequent Concupiscence
When the will, directly or indirectly, stirs up the passions
However great does not lessen the voluntariness since it
is willed directly or indirectly.
Follows the free determination of the act and is freely
admitted and consented to and deliberately aroused.
Example:
The anger that surges in resentment of adjust and offensive
treatment.
Planned revenge or assassination .
Fear
Induces the will to do what it would not do otherwise.
Shrinking back of the mind from danger.
Agitation of mind brought about by the apprehension
of impending evil.
If fear is so great as to make the agent momentarily
insane, the act done from fear is not voluntary at all, for
it is an act of man and not a human act. But as long as
the agent has the use of reason, his acts performed
from fear are simply voluntary.
Acts done with fear
Acts done from fear
Fear
Acts done with fear
Fearaccompanies an act which in itself is voluntary.
Example:
When a person climbs a dangerous mountain at night.
Acts done from fear
Actsdone because of fear.
Example:
When a person threatened with a gun yields his wealth to a
thief.
Violence
External force applied by a free cause for the
purpose of compelling a person to perform an act
which is against his will.
Habit
Repeated acts for acting in a certain manner.
A man who always endeavoured to speak the truth
has a habit of truthfulness, and lie goes against his
habit. Such man finds it necessary to make a distinct
effort in order to utter a deliberate falsehood.
A man who has the habit of lying, finds it very easy
to falsify or evade the truth, and it is very difficult
for him to tell the truth, when lie would prove more
convenient.
THE FOUNDATION OF
PROFESSIONS
What is a Profession?
Interest
In order for a professional to enjoy and stay long in his chosen
profession
Aptitude
The presence of the professional’s tendency and talent in the
profession
Health
3
Can adversely affect interest and the body
Features of a Profession
5
Features of a Profession
6
Basic Types of Professions
1. Consulting
2. Scholarly
7
Basic Types of Professions
8
Basic Types of Professions
9
White-Collar VS. Blue-Collar Job
11
Professional and Craftsman
Professionals
▪ Reason why professions exist
▪ Makers of professions
▪ Agents and carriers of professions
▪ Subject of professions
Subject
▪ Implies activity, action, and dynamism
▪ Doer, actor
▪ Active
15
Professional-in-activity
Utilitarian way of Thinking
Answer:
Feelings of social discrimination and social classification would develop.
18
Take Note!
19
Desired Qualities of a Professional
1. Professional Life
2. Relation with the Public
3. Relations with Clients and
Employer
3
Professional Life
Section 4: He will have due regarding for the safety of life and
health of the public and employees who may be affected by the
work for which he is responsible.
5
Relation with the Public
there to.
Relation with Clients and Employer
Section 9: He will act with fairness and justice between his client
or employer and the contractor when dealing with contracts.
Section 10: He will make his status clear to his or employer before
and the contractor may have a financial interest.
7
Relation with Clients and Employer
10
Thank you!
Any questions?
Don’t hesitate to reach out.
01 02 03
Appetency Good Ultimate Ends
based from different
Every activity tends How the end or final cause Ethical Views
toward an end of human acts must be
apprehended
2
End
• Final cause of human and gives purpose to a man.
• Apprehended as good, desirable, and which causes
the agent to the performance of the act.
• Termination, goal, completes or finishes a thing, end
of an activity
01 Appetency
Every activity tends toward an end
Appetency
7
Good
● The end or final cause of human acts must be
apprehended as good. Evil is done only when it assumes
the aspect of goods, as will bring satisfaction or will lead to
it.
● Believed that the Ultimate End in Ethics is doing the right
thing no matter what. And only if the right thing is done out
of duty, then you are eligible for happiness. Happiness
and having a good will is the highest good.
Three Modes of Good
Ultra-Spiritualism Ethics
Greco-Roman Stoicism
Humanistic Personalism
Progressive Ethics
Christian Ethics
Materialistic Ethics
● This tendency holds that the supreme good of
human life are human pleasures and satisfaction.
Materialistic Ethics
Hedonism Utilitarianism
• It teaches that the highest end of • It holds that the ultimate end of
human life is found in sensual man in his possession of political
pleasures and bodily satisfaction man power through conquest of other
can enjoy in this world. nations.
Greco-Roman Humanistic
Stoicism Personalism
• This ethics takes virtue and abstinence • Ultimate end consists of human
from sensual pleasures as the highest perfection through knowledge,
end of man. virtue, honor which must be
acquired.
• Stoicism teaches the development of
self-control and fortitude as a means • Such perfection and self-fulfillment
of overcoming destructive emotions. fulfillment are the highest value,
hence taken as the ultimate end of
human life.
Progressive Ethics
● All of the previously stated life goals taken by
certain thinkers as their ultimate end fall short of the
absolute and permanent and everlasting.
● These life goals cannot be accepted as the ultimate
end.
● They are only good and satisfying for a short period
of time.
Progressive Ethics
6
Law is an Ordinance of Reason
8
Law is Promulgated for the Common Good
9
In Detail:
Law Precept
▪ It is territorial and applies ▪ It is personal and binds its
to subjects while they are subjects wherever they
in a certain place may be
▪ Always enacted by public ▪ May be issued by either
authority public or private authority
▪ Endures in force until it is ▪ Ceases to bind with the
repealed by the authority preceptors death or
that enacted it removal from office
10
Example
Law Precept
▪ Martial Law ▪ 10 Commandments
▪ Republic Act No. 9165 ▪ Be honest, be true to
(instituting comprehensive yourselves and others
dangerous drugs act of ▪ House owner posting rules
2002) and regulations of his in
▪ RA 7948 his property
11
Law is Promulgated by one who has Charge of
a Society
12
Classifications of Law
According to the Immediate Author
▪ A law exists for the good of man; not man to exist for the
good of law. A law is made to facilitate the good of the
individual and society. A law is definitely a MEANS, not an
end for its own sake.
▪ A good law is pro-people, not pro-institution.
▪ What is legal is not necessarily moral. 4
Take Note:
7
Synteresis or Synderesis
8
States of Conscience
9
True or Correct Conscience
12
Lax Conscience
13
Certain Conscience
14
Doubtful Conscience
15
Examples
17
To be Continued.
Any questions?
Don’t hesitate to reach out.
3
Moral Certitude
4
Example
5
Explanation
8
MORALITY OF
HUMAN ACTS
Morality
12
Good or Evil
▪ Human acts which are in harmony with the eternal plan are good;
those that are not are evil.
▪ Eternal law (Divine Reason) and conscience (Human Reason)
constitutes the norm of morality.
▪ Conscience is the judgement of human reason recognizing and
applying eternal law in individual human acts.
▪ Very early in life a man acquires an equipment of reasoned moral
principles which are really recognitions of the Eternal law.
13
Determinants of Morality
Determinants of Morality
▪ Every human act has its morality. Every human act is, as an
individual deed done, a good or an evil act.).
▪ Human acts are imputable, and hence the person is responsible,
accountable, and answerable for them.
17
Imputability of Human Acts
18
The Consequences of Human
Acts
19
Habit
▪ Virtue
▫ Habit of performing good moral habit.
▪ Vice
▫ Habit of performing immoral habit
Remember:
Vice and virtue are not matters of a single human act, nor of
an act once or twice repeated, but of an act frequently
repeated.
20
Virtues
▪ Comes from the Latin word virtus (means courage, bravery of the
soldier).
▪ Derived from the noun vir (means man)
▪ Hence, virtue means manliness (means characteristic of the true
and upright man)
▪ In Ethics, virtue signifies that habitual manliness and power for
good and which arises from frequent performance of such acts.
21
Kinds of Virtue
▪ Intellectual virtue
▫ Perfect intellectual powers of the human being.
▫ Theoretical activities: understanding (grasp of true principles),
science (grasp of the truths derived from principles), and wisdom
(grasp of the highest causes).
▪ Physical Virtue
▪ Theological virtue (Supernatural virtue)
▫ Faith, hope, and charity. Infused into the human intellect and will by
a special grace of God.
▪ Moral Virtue (Natu)
▫ Any virtue of which humankind is capable, especially the cardinal
22
virtues: justice, temperance, prudent, and fortitude.
Chief Moral Virtues
Prudence Fortitude
▪ Cautiousness, carefulness, ▪ Bravery
alertness. ▪ Courage in pain or adversity
▪ Careful good judgment that
allows someone to avoid
danger or risks.
Justice Temperance
▪ Fairness ▪ Self-restraint
▪ Just behavior or treatment ▪ Moderation or self-restraint,
like in eating, drinking,
thoughts, or feelings
23
Vices
Remember:
Virtues stands in the middle being neither defective nor
excessive when measured by the requirements of right
reason, while vice lies upon either hand.
24
Vices
▪ Imprudence ▪ Over-Solitude
▪ Precipitateness ▪ Over-Smartness
▪ Lack of Docility ▪ Trickery
▪ Carelessness ▪ Fraud
▪ Improvidence
25
Vices
27
Vice
28
Philippine Bill of Rights 1987
1. Constitution of Government
2. Constitution of Sovereignty
3. Constitution of Liberty
Bill of Rights 1987
2
Bill of Rights 1987
Section 1.
3
Bill of Rights 1987
Section 2.
Section 3.
5
Bill of Rights 1987
Section 4.
6
Bill of Rights 1987
Section 5.
7
Bill of Rights 1987
Section 6.
The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of
the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be
provided by law.
8
Bill of Rights 1987
Section 8.
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.
9
Bill of Rights 1987
Section 7.
10
Bill of Rights 1987
Section 9.
Private property shall not be taken for public use without just
compensation.
Section 10.
No law impairing the obligation of contracts shall be passed.
Section 11.
Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of
poverty. 11
Philippine Bill of Rights 1987
Bill of Rights 1987
Section 12.
(1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent
and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
2
Bill of Rights 1987
Section 12.
3
Bill of Rights 1987
Section 13.
4
Bill of Rights 1987
Section 14.
(1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is 5
unjustifiable.
Bill of Rights 1987
Section 15.
The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety
requires it.
Section 16.
All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Section 17.
No person shall be compelled to be a witness against himself. 6
Bill of Rights 1987
Section 18.
7
Bill of Rights 1987
Section 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.
Section 20.
No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21.
No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution
for the same act.
Section 22.
No ex post facto law or bill of attainder shall be enacted. 9
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2
Divisions of Duty
▪ Natural
▪ Positive
▪ Affirmative
▪ Negative
▪ Perfect
▪ Imperfect
3
Divisions of Duty
5
Divisions of Duty
7
“Necessity knows no law.”
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Exemption from Duty
Extreme necessity
▪ When one’s choice lies between duty and death, or between duty
and an evil fairly comparable to death.
Grave necessity
▪ When one’s choice lies between duty and a notable evil less than
death, such as loss of health, good name, or very valuable property.
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RELIGION
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Man’s Personal Office
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MAN’S DUTY TOWARDS HIS SOUL
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DUTIES OF THE INTELLECT
Man must know the truths that relate to the last end
and the means to achieving it.
To attain the last end, the will must follow the rule of
right reason, and must acquire a readiness in this
matter.
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DUTIES OF MAN TOWARDS HIS BODY
Life
Man has a duty of conserving it in integrity and the
duty of avoiding death, mutilation, and needless
danger.
Man does not own his body, God owns it. God alone
has the right to dispose of it and of its life and
health. Life and health have been given to man as
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great blessing, as good to be conserved and used.
DUTIES OF MAN TOWARDS HIS BODY
Other Goods
Properties
Man does not own his body, God owns it. God alone
has the right to dispose of it and of its life and
health. Life and health have been given to man as
great blessing, as good to be conserved and used.
17
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3
Love vs. Affection and Emotion
4
Love
5
The Duty of Love
Man has the duty loving God, his last end. Now, a man cannot
love God unless he loves that God loves, that is, all men.
▪ Every man’s duty to love every other man, even his enemy,
with the love of benevolence.
▪ Neighbor must follow the pattern of the love has for oneself.
6
Duties Consequences Upon
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Humanity
Example:
Mother Teresa caring for and helping
other whenever and wherever possible.
9
Gratitude
“Cultivate the habit of being grateful for every good thing that comes
to you, and to give thanks continuously. And because all things have
contributed to your advancement, you should include all things in your
gratitude.”
– Ralph Waldo Emerson
10
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3
Four Essential Requisites Of
Obligation
1. Obligor
2. Obligee
3. Prestation
4. Legal Tie
4
Difference of Obligor and Obligee
Obligor Obligee
Prestation Efficient
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Example
7
Example
8
Types of Obligation
Civil Natural
▪ Obligations which give to ▪ Do not grant a right of action
the creditor or obligee a to enforce their performance.
right under the law to
enforce their performance ▪ Derive their binding effect
in the courts of justice. from equity and natural
justice.
▪ Derive their binding force
from positive law. ▪ The fulfillment cannot be
compelled by court action but
▪ Can be enforced by court depends on the good
action of the coercive power conscience of debtor. 9
of public authority.
Kinds of Obligation
11
Source of Obligations: Law
Law
▪ When obligations are imposed by specific provisions of law, which
means that obligations arising from law are not presumed and that
to be demandable must be clearly provided for, expressly or
impliedly in the law.
Examples:
▪ It is the duty of the spouses to support each other (Art. 291, New
Civil Code)
▪ Under the National Internal Revenue Code, it is the duty of every 12
Contract
▪ is the meeting of minds between two persons whereby on binds
himself with respect to the other.
▪ obligations arising from contracts have the force of law between
the contracting parties because that which is agreed upon in the
contract by the parties is the law between them, thus, the
agreement should be complied with in good faith.
Example:
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▪ A contract of lease was executed between lessee and lessor for
the rent of an apartment.
Source of Obligations: Contract
Note:
▪ Although contracts have the force of law, it does not mean that
contract are over and above the law.
▪ Contracts are with the limitations imposed by law.
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Source of Obligations: Quasi-contract
Quasi contract
▪ The quasi literally means as if.
Contract Quasi-Contract
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Two Kinds of Quasi-contracts
Example:
Arvin owed Ian the sum of P1,000. By mistake, Arvin paid
P2,000. Ian has the obligation to return the P1,000 excess
because there was payment by mistake.
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Two Kinds of Quasi-contracts
Example:
Andrew, a wealthy landowner suddenly left for abroad leaving his
livestock farm unattended. Bernard, a neighbor of Andrew managed
the farm thereby incurring expenses. When Andrew returns, he has
the obligation to reimburse Bernard for the expenses incurred by
him and to pay him for his services. It is based on the principle that
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no one shall enrich himself at the expense of another.
Source of Obligations: Delict
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Source of Obligations: Delict
Illustration:
1. Mark was convicted and sentenced to imprisonment by the Court
for the crime of theft, the gold wrist watch, of John.
2. In addition to whatever penalty that the Court may impose, Mark
may also be ordered to return (restitution) the gold wrist watch to
John.
3. If restitution is no longer possible, for Mark to pay the value
(reparation) of the gold wrist watch.
4. In addition to either restitution or reparation, Mark shall also pay
for damages (indemnification) suffered by John.
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Source of Obligations: Quasi-Delict
Quasi-delict
▪ It is one where whoever by act or omission causes damages to
another, there being fault of negligence, is obliged to pay for the
damage done.
▪ Such fault of negligency, if there is no pre-existing contractual
relation between the parties (Art. 2176)
Example:
If Pedro drives his car negligently and because of his negligence
hits Jose, who is walking on the sidewalk of the street, inflicting
upon him physical injuries. Then Pedro becomes liable for 22
damages based on quasi-delict.
Requisites of a Quasi-Delict
23
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