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    Lecture 3 Part 3

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    Rey Jay BICAR
    Law and morality spring from the same source but are not always aligned. While some acts like artificial contraception may be legal but immoral, others like polygamy can be morally acceptable but illegal. Moral obligations do not necessarily create legal obligations. The Civil Code establishes liability for willful or negligent acts contrary to law (Art. 20) and willful acts contrary to morals, customs or public policy (Art. 21) even if not addressed by statutes. Article 21 provides legal remedy for moral wrongs not addressed by laws to prevent victims from lacking recourse.

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    Lecture 3 Part 3

    Uploaded by

    Rey Jay BICAR
    13 views8 pages
    Law and morality spring from the same source but are not always aligned. While some acts like artificial contraception may be legal but immoral, others like polygamy can be morally acceptable but illegal. Moral obligations do not necessarily create legal obligations. The Civil Code establishes liability for willful or negligent acts contrary to law (Art. 20) and willful acts contrary to morals, customs or public policy (Art. 21) even if not addressed by statutes. Article 21 provides legal remedy for moral wrongs not addressed by laws to prevent victims from lacking recourse.

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    Law and morality spring from the same source but are not always aligned. While some acts like artificial contraception may be legal but immoral, others like polygamy can be morally acceptable but illegal. Moral obligations do not necessarily create legal obligations. The Civil Code establishes liability for willful or negligent acts contrary to law (Art. 20) and willful acts contrary to morals, customs or public policy (Art. 21) even if not addressed by statutes. Article 21 provides legal remedy for moral wrongs not addressed by laws to prevent victims from lacking recourse.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    13 views8 pages

    Lecture 3 Part 3

    Uploaded by

    Rey Jay BICAR
    Law and morality spring from the same source but are not always aligned. While some acts like artificial contraception may be legal but immoral, others like polygamy can be morally acceptable but illegal. Moral obligations do not necessarily create legal obligations. The Civil Code establishes liability for willful or negligent acts contrary to law (Art. 20) and willful acts contrary to morals, customs or public policy (Art. 21) even if not addressed by statutes. Article 21 provides legal remedy for moral wrongs not addressed by laws to prevent victims from lacking recourse.

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    PHILOSOPHY OF LAW

    LECTURE 3
    Br. Irol Torres, SVD
    LAW AND MORALITY

    ▪ Law and Morality = spring from the same source: the social conscience

    ▪ “But what is legal is not necessary moral, and what is moral is not necessarily
    legal.”
    ▪ E.g.:
    ▪ artificial contraception may be legal, but not moral;
    ▪ polygamy may be morally acceptable, but not allowed in other countries.
    ▪ Mendicancy may be moral, but not legal

    ▪ Moral obligation does not establish a juridical or legally enforceable tie.


    LAW AND MORALITY

    ▪Art. 20. Every person who, contrary to law, willfully or


    negligently causes damage to another, shall indemnify
    the latter for the same.

    ▪Art. 21. Any person who willfully causes loss or injury


    to another in a manner that is contrary to morals, good
    customs or public policy shall compensate the latter for
    the damage.
    LAW AND MORALITY

    ▪Art. 20 vs. Art. 21:


    ▪Art. 20- The act is contrary to law; the act is done
    either willfully or negligently.
    ▪Art. 21- The act is contrary to morals, good
    customs or public policy; the act is done willfully.
    ▪Note: “Willful” may mean not merely voluntary but with a
    bad purpose.
    LAW AND MORALITY

    ▪1. A student willfully humiliates a professor, causing him to have a


    nervous breakdown. This would be contrary to good customs and morals,
    and the professor can sue for damages.
    ▪2. Justin seduces the 19 year-old daughter of John, with a promise of
    marriage. The girl becomes pregnant. Under the present criminal laws,
    there is no crime as the girl is above 18 years of age. Neither can any
    civil action for breach of promise be filed. Under Art. 21, she and her
    parents would have the right to bring an action for damages against A.
    ▪defrauded or deceived the girl (not necessarily “seducing” her, as the
    term is used under the Revised Penal Code).
    LAW AND MORALITY
    ▪Reason for Art. 21:
    ▪This provision was enacted because of the countless gaps in the
    statutes, which leave so many victims of moral wrongs helpless,
    even though they have actually suffered material and moral injury.
    It provides for adequate legal remedy for that untold number of
    moral wrongs, which it is impossible for human foresight to
    capture in the statutes.
    ▪It is based on the idea that inasmuch as the legislative cannot
    foresee all wrongs that cause damage to another person, there
    should be an all-embracing clause that will provide remedy in all
    such unforeseen situations.
    MALA IN SE VS. MALA
    PROHIBITA
    ▪Mala in se = offenses that are prohibited
    because they are wrong in themselves, e.g.
    murder, theft.

    ▪Mala prohibita = prohibited only because of a


    special law, e.g. jaywalking.
    ▪Not in themselves morally wrong.
    RELIGIOUS MORALITY
    VS. SECULAR MORALITY
    ▪Religious Morality = sectarian morality
    ▪Ultimate basis: Word of God
    ▪E.g. 10 Commandments

    ▪Secular Morality = public morals; are considerations of the law.


    ▪ morality based on popular ideals, sources of law, and common
    aspirations as expressed in policies, preambles and declaration of
    policies.
    ▪E.g., obedience to the law

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