MY VIEWS ON THE PHILIPPINE LAWS (MY GROUP OF REACTIONS ABOUT THE CHAPTER TWO OF THE CIVIL CODE OF THE PHILIPPINES)
Republic Act No. 386
The Civil Code of the Philippines
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.
"Human relation is a very important factor that a state should have and should poses by every society, groups and organizations in a country, especially to each citizens which fulfill and complete a certain state. Human relations also can relate to our human rights, every citizens in the Republic of the Philippines, our country should learn to exercise, express and show of what rights, duties and obligations they have,every Filipinos vested by the laws with certain rights like; freedom of speech,freedom of express or even freedom of petition, Freedom of Petition means have a power or authority to make some motion of file some motion in any offices or officers which is a government officer or government offices. These kind of rights which is vested and stated in our 1987 Philippine Constitution, where the Bill of Rights are also vested, by this proof of provisions , we can prove that every Filipinos have rights and duties that are vested to us. And also by these statements we should learn to respect each different rights and duties and also each different cultures, ideologies, principles and views on life.
Human Rights in the Philippines came on different issues, aspects and concepts, each issues, aspects and concepts, reflects how we respond or give feedbacks, and also because of those issues, aspects, and concepts, it always reflects how we gain of being a Filipino and especially, it reflects who we are as a Filipino who lived in a democratic society, sometimes it is a big question, why sometimes, there so many problems,issues of abuses we got in news,eventhough we are lived in a country full of freedom,but the only thing I can answer, is that it is also because of Politics, Politics refers to the influence gain by a men or a group of person in the behaviors of others ,loogically if you have or gain politics you gain power,politics is power, and because of that power,many politicians, elites or influencial people like wealthy business men who can control other people under them and the effect of these conflicts and inequality in our democratic society are bundles of abuses and conflicts of human relations,as stated by this article we should learn to be honest and fair in our rights, duties and obligation, it is also very sad to saw human abuses happened and always happen in our country, example is the Maguindanao Massacre or Ampatuan Murder Case, wherein the Philippines, our country became famous in the whole world, because we are the only country in the history wherein there were 34 journalist who killed in only one murder case, a kind of extraditional killings happened during the Arroyo's Administration , wherein there are also several columnist, journalist or even activist students who bxeing lost or killed, it is because I found out they not want to reveal what kind of anomalies they done, they want to control the media, which one of the most powerful external control mechanism on a society. For the past decades there so many abuses especially human rights abuses happened, which lead violation of our human rights that creates a conflicted human relations in our country, for this...Where is our freedom in this democratic country..?. many abuses happened, which lead to rebellion in some groups of our society,examples are the rebellious group such as the ABUSAYAFF, MILF and NPA, wherein there so many advocates and goals and objectives they want to hear by our government, the sad thing here, because of these issue even as we a Filipino in our,we killed each other because of non-respect in each rights,duties and obligations.Our human relations is being sinking in to the deepest part of the earth, because of our simple violations that we done but the result is an expensive effect to out human life."
Comment : Reason for preventing unfair competition
The above provision is necessary in a system of free enterprises. Democracy becomes a veritable mockery if any person or group of persons by any unjust or high-handed method may deprive others of fair chance to engage in business or to earn a living.”(Report, Code Commission, p. 31)”This article is intended to lay down a general principle outlawing unfair competition both among enterprises and among labourers . Unfair competition must be expressly denounced in this Chapter because same tends to undetermined free enterprise, while competition is necessary in a free enterprise, it must not be unfair.”( Memorandum of the Code Commission, LJ, Aug.,31 1953).
Scope:
The Article speaks of unfair competition in:
a)Agricultural enterprises
b)Commercial enterprises
c)Industrial enterprises
Thus, the following acts, among others, are not allowed:
a) A strike prematurely declared (Insular Sugar Ref. Corp. V. C.I.R. G.R. No. L-7594, Sept. 8 1954).
b) A strike for trivial, unjust ,or unreasonable cause (Luzon Marine Dept. Union v. Luzon Stevedoring Co. 47 O. G. (Supp. No. 12) 146).
c) A strike carried out thru force, intimidation or other unlawful means(Luzon Marine Dept. Union v. Luzon Stevedoring Co. 47 O.G. (Supp. No. 12) 146).
d) A strike in order to circumvent valid obligation entered into a collective bargaining contract (Manila Oriental Sawmill Co. V. Nat. Labor Union, et al., No. 4330,March 24, 1952)
e) Cut-throat competition (where one is ready to lose if only to drive somebody else out of business )(Tuttle v. Black,107 Minn.145)
f) The making of any false statement in thecourse of trade to discredit the goods, business or services of another (See Republic Act No. 166).
g) The making of goods so as to deceive purchasers (and by “purchasers, “ the law means “ordinary or average purchasers “ and not necessarily “intelligent buyers”) (E. Sponsor and Co. v. Hesslein, 54 Phil. 224).
Note :There can be unfair competition even if the competiting trademark is registered (Parks Davis and Co. v. Kin Foo,60 Phil 928).The registration may in some way of course lessen damages, showing as it does good faith prima facie, but this will not completely prevent an action for damages, or for unfair competition(R. F. And J.Alexander and Co. et al v. Jose Ang and Sy Bok, L-6707,May 31,1995)
h)Selling goods above the maximum prices set bt the state ( Ayuda v. People, et al.,L-6149, L-6150 ,April 12,1954).
Ayuda v. People, et al.
L-6149,L-6150,April 12, 1954
FACTS:For selling two notebooks and a pad at .25 each when Ex. Order No. 337, implementing R.A. No. 509, fixed the ceiling price for notebooks and pads at .23 and .20, respectively, the accused was fined by the lower court the amount of Php2,000 in each of the two cases filed against him, and suspended from the wholesale and retail trade business for 5 years, as provided for in the statute. He now claims that the fine is unduly excessive.
HELD: Considering the national policy against profiteering, the fine is not excessive. The damage to the state is not measured exclusively by the gain of the appellant, but also by the fact that one violation would mean others, beneficial system of price controls. (In this case, the accused was convicted but the court recommended executive clemency as regard his suspension in the right to engage in trade).
(i)A strike to obtain better terms and conditions of employment is a legitimate labor activity recognized by law, and its legality does NOT depend on the reasonableness of the demands. If they cannot be granted, they should be rejected, but without other reasons, the strike itself does not become illegal. Unfair labor practice acts may be committed by the employer against workers on strike. A strike nis not abandonement of employment and workers do not cease to be employed in legal contemplation, simply because they struck against their employer.
(Caltex v. PLO, L-4758, May 30, 1953).
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