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𝙰𝚛𝚝𝚒𝚌𝚕𝚎 8. 𝙹𝚞𝚍𝚒𝚌𝚒𝚊𝚕 𝚍𝚎𝚌𝚒𝚜𝚒𝚘𝚗𝚜 𝚊𝚙𝚙𝚕𝚢𝚒𝚗𝚐 𝚊𝚗𝚍 𝚒𝚗𝚝𝚎𝚛𝚙𝚛𝚎𝚝𝚒𝚗𝚐 𝚝𝚑𝚎 𝚕𝚊𝚠𝚜 𝚘𝚛 𝚝𝚑𝚎 𝙲𝚘𝚗𝚜𝚝𝚒𝚝𝚞𝚝𝚒𝚘𝚗 𝚜𝚑𝚊𝚕𝚕 𝚏𝚘𝚛𝚖 𝚊 𝚙𝚊𝚛𝚝 𝚘𝚏 𝚝𝚑𝚎 𝚕𝚎𝚐𝚊𝚕 𝚜𝚢𝚜𝚝𝚎𝚖 𝚘𝚏 𝚝𝚑𝚎 𝙿𝚑𝚒𝚕𝚒𝚙𝚙𝚒𝚗𝚎𝚜. (𝚗)

𝙳𝚎𝚌𝚒𝚜𝚒𝚘𝚗 𝚘𝚛 𝚓𝚞𝚍𝚐𝚖𝚎𝚗𝚝 𝚍𝚎𝚏𝚒𝚗𝚎𝚍. 𝙰 𝚓𝚞𝚍𝚐𝚖𝚎𝚗𝚝 𝚒𝚜 𝚝𝚑𝚎 𝚕𝚊𝚠’𝚜 𝚕𝚊𝚜𝚝 𝚠𝚘𝚛𝚍 𝚒𝚗 𝚊 𝚓𝚞𝚍𝚒𝚌𝚒𝚊𝚕 𝚌𝚘𝚗𝚝𝚛𝚘𝚟𝚎𝚛𝚜𝚢. 𝙸𝚝 𝚒𝚜 𝚝𝚑𝚎 𝚌𝚘𝚗𝚌𝚕𝚞𝚜𝚒𝚘𝚗 𝚘𝚏 𝚝𝚑𝚎 𝚕𝚊𝚠 𝚞𝚙𝚘𝚗 𝚝𝚑𝚎 𝚖𝚊𝚝𝚝𝚎𝚛𝚜 𝚌𝚘𝚗𝚝𝚊𝚒𝚗𝚎𝚍 𝚒𝚗 𝚝𝚑𝚎 𝚛𝚎𝚌𝚘𝚛𝚍, 𝚘𝚛 𝚝𝚑𝚎 𝚊𝚙𝚙𝚕𝚒𝚌𝚊𝚝𝚒𝚘𝚗 𝚘𝚏 𝚝𝚑𝚎 𝚕𝚊𝚠 𝚝𝚘 𝚝𝚑𝚎 𝚙𝚕𝚎𝚊𝚍𝚒𝚗𝚐𝚜 𝚊𝚗𝚍 𝚝𝚘 𝚝𝚑𝚎 𝚏𝚊𝚌𝚝𝚜, 𝚊𝚜 𝚝𝚑𝚎𝚢 𝚊𝚙𝚙𝚎𝚊𝚛 𝚏𝚛𝚘𝚖 𝚝𝚑𝚎 𝚎𝚟𝚒𝚍𝚎𝚗𝚌𝚎 𝚒𝚗 𝚝𝚑𝚎 𝚌𝚊𝚜𝚎𝚜 𝚊𝚗𝚍 𝚊𝚜 𝚏𝚘𝚞𝚗𝚍 𝚋𝚢 𝚝𝚑𝚎 𝚌𝚘𝚞𝚛𝚝, 𝚊𝚍𝚖𝚒𝚝��𝚎𝚍 𝚋𝚢 𝚝𝚑𝚎 𝚙𝚊𝚛𝚝𝚒𝚎𝚜 𝚘𝚛 𝚊𝚜 𝚍𝚎𝚎𝚖𝚎𝚍 𝚝𝚘 𝚎𝚡𝚒𝚜𝚝 𝚞𝚙𝚘𝚗 𝚝𝚑𝚎𝚒𝚛 𝚍𝚎𝚏𝚊𝚞𝚕𝚝 𝚒𝚗 𝚊 𝚌𝚘𝚞𝚛𝚜𝚎 𝚘𝚏 𝚓𝚞𝚍𝚒𝚌𝚒𝚊𝚕 𝚙𝚛𝚘𝚌𝚎𝚎𝚍𝚒𝚗𝚐𝚜. (𝚉𝚊𝚗𝚎𝚛 𝚟𝚜. 𝚃𝚑𝚛𝚘𝚠𝚎𝚛, 155 𝙲𝚊𝚕. 199 𝙿𝚊𝚌. 371). 𝙸𝚗𝚝𝚎𝚛𝚙𝚛𝚎𝚝𝚊𝚝𝚒𝚘𝚗 — 𝚝𝚑𝚎 𝚘𝚏𝚏𝚒𝚌𝚎 𝚘𝚏 𝚝𝚑𝚎 𝚓𝚞𝚍𝚒𝚌𝚒𝚊𝚛𝚢. 𝙰𝚜 𝚋𝚎𝚝𝚠𝚎𝚎𝚗 𝚝𝚑𝚎 𝚝𝚑𝚛𝚎𝚎 𝚍𝚎𝚙𝚊𝚛𝚝𝚖𝚎𝚗𝚝𝚜 𝚘𝚏 𝚐𝚘𝚟𝚎𝚛𝚗𝚖𝚎𝚗𝚝, 𝚝𝚑𝚎 𝚘𝚏𝚏𝚒𝚌𝚎 𝚘𝚏 𝚌𝚘𝚗𝚜𝚝𝚛𝚞𝚒𝚗𝚐 𝚊𝚗𝚍 𝚒𝚗𝚝𝚎𝚛𝚙𝚛𝚎𝚝𝚒𝚗𝚐 𝚝𝚑𝚎 𝚠𝚛𝚒𝚝𝚝𝚎𝚗 𝚕𝚊𝚠𝚜 𝚋𝚎𝚕𝚘𝚗𝚐𝚜 𝚝𝚘 𝚝𝚑𝚎 𝚓𝚞𝚍𝚒𝚌𝚒𝚊𝚛𝚢 𝚞𝚕𝚝𝚒𝚖𝚊𝚝𝚎𝚕𝚢, 𝚊𝚕𝚝𝚑𝚘𝚞𝚐𝚑 𝚝𝚑𝚎 𝚎𝚡𝚎𝚌𝚞𝚝𝚒𝚟𝚎 𝚊𝚗𝚍 𝚕𝚎𝚐𝚒𝚜𝚕𝚊𝚝𝚒𝚟𝚎 𝚍𝚎𝚙𝚊𝚛𝚝𝚖𝚎𝚗𝚝𝚜 𝚖𝚊𝚢 𝙰𝚛𝚝. 8 37 𝚋𝚎 𝚛𝚎𝚚𝚞𝚒𝚛𝚎𝚍, 𝚋𝚢 𝚗𝚎𝚌𝚎𝚜𝚜𝚒𝚝𝚢, 𝚝𝚘 𝚙𝚞𝚝 𝚝𝚑𝚎𝚒𝚛 𝚘𝚠𝚗 𝚌𝚘𝚗𝚜𝚝𝚛𝚞𝚌𝚝𝚒𝚘𝚗 𝚞𝚙𝚘𝚗 𝚝𝚑𝚎 𝚕𝚊𝚠𝚜 𝚒𝚗 𝚊𝚍𝚟𝚊𝚗𝚌𝚎 𝚘𝚏 𝚝𝚑𝚎𝚒𝚛 𝚎𝚡𝚙𝚘𝚜𝚒𝚝𝚒𝚘𝚗 𝚋𝚢 𝚝𝚑𝚎 𝚌𝚘𝚞𝚛𝚝𝚜. 𝚆𝚑𝚎𝚗 𝚝𝚑𝚎𝚛𝚎 𝚊𝚛𝚒𝚜𝚎𝚜 𝚊 𝚗𝚎𝚌𝚎𝚜𝚜𝚒𝚝𝚢 𝚏𝚘𝚛 𝚌𝚘𝚗𝚜𝚝𝚛𝚞𝚒𝚗𝚐 𝚘𝚛 𝚒𝚗𝚝𝚎𝚛𝚙𝚛𝚎𝚝𝚒𝚗𝚐 𝚝𝚑𝚎 𝚠𝚛𝚒𝚝𝚝𝚎𝚗 𝚕𝚊𝚠𝚜, 𝚒𝚗 𝚘𝚛𝚍𝚎𝚛 𝚝𝚘 𝚍𝚒𝚜𝚌𝚘𝚟𝚎𝚛 𝚝𝚑𝚎𝚒𝚛 𝚊𝚙𝚙𝚕𝚒𝚌𝚊𝚝𝚒𝚘𝚗 𝚝𝚘 𝚊 𝚐𝚒𝚟𝚎𝚗 𝚌𝚊𝚜𝚎 𝚘𝚛 𝚜𝚝𝚊𝚝𝚎 𝚘𝚏 𝚏𝚊𝚌𝚝𝚜, 𝚝𝚑𝚎 𝚚𝚞𝚎𝚜𝚝𝚒𝚘𝚗 𝚘𝚏 𝚝𝚑𝚎 𝚖𝚎𝚊𝚗𝚒𝚗𝚐 𝚊𝚗𝚍 𝚒𝚗𝚝𝚎𝚗𝚝𝚒𝚘𝚗 𝚘𝚏 𝚝𝚑𝚎 𝚕𝚎𝚐𝚒𝚜𝚕𝚊𝚝𝚞𝚛𝚎 𝚒𝚗 𝚝𝚑𝚒𝚜 𝚛𝚎𝚐𝚊𝚛𝚍 𝚒𝚜 𝚊 𝚚𝚞𝚎𝚜𝚝𝚒𝚘𝚗 𝚘𝚏 𝚕𝚊𝚠, 𝚊𝚗𝚍 𝚊𝚜 𝚜𝚞𝚌𝚑 𝚒𝚝 𝚖𝚞𝚜𝚝 𝚋𝚎 𝚜𝚘𝚕𝚟𝚎𝚍 𝚋𝚢 𝚝𝚑𝚎 𝚌𝚘𝚞𝚛𝚝; 𝚒𝚝 𝚒𝚜 𝚗𝚘𝚝 𝚏𝚘𝚛 𝚝𝚑𝚎 𝚍𝚎𝚝𝚎𝚛𝚖𝚒𝚗𝚊𝚝𝚒𝚘𝚗 𝚘𝚏 𝚝𝚑𝚎 𝚓𝚞𝚛𝚢.

#motherjudgeprincesss

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Article 1346

Article 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement.

Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed.

KINDS OF SIMULATION

Absolute simulation is one where the parties do not intend to be bound by the contract. It is not really intended to produce any legal effect, nor does it alter the juridical situation of the parties.

EXAMPLE:

Danny is indebted to Cathy. Upon learning that Cathy is going to enforce his credit, Danny pretended to sell his land to Fredo, his father-in-law. Danny did not receive a single centavo for the deed of sale he executed and he continued in possession of the land as the contract was merely simulated or fictitious. There is no contract of sale in this case.

2. Relative simulation or when the contract entered into by the parties is different from their true agreement or the parties state a false cause in the contract to conceal their real agreement. The parties are bound by their real agreement, provided, it does not prejudice a third person and is not intended for a purpose contrary to law, morals, good customs, public order, or public policy.

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Article 1319-Obligations and Contracts

Article 1319.Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. (1262a)

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Article 1265-Obligations And Contracts

Article 1265- Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of Article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity.

ILLUSTRATION:

(1) Ben borrowed the car of Bon. On the due date of the obligation, Ben told Bon that the car was stolen and that he was not at fault. That is not enough to extinguish Ben’s obligation. It is presumed that the loss was due to his fault. Hence, he is liable unless he proves the contrary.

ILLUSTRATION

(1) Ben borrowed the car of Bon. On the due date of the obligation, Ben told Bon that the car was stolen and that he was not at fault. That is not enough to extinguish Ben’s obligation. It is presumed that the loss was due to his fault. Hence, he is liable unless he proves the contrary.

(2) Suppose the house of Ben was destroyed because of earthquake. It is admitted that there was an earthquake and it was accidental and that the car was in the house at the time it occurred. Here, Ben is not liable unless Bon proves fault on the part of Ben.

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Article 1238- Obligations and Contracts

EXAMPLE:

Cardo owes Alyana P1,000.00. Without the intention of being reimbursed, Nena paid Cardos’s obligation. Cardo had previously accepted Nenas’s generosity. In this case, Cardo is not liable to Nena and his obligation to Alyana is extinguished. But if Cardo did not consent to the donation, Nena may recover from Cardo since there has been no donation, although originally Cardo did not intend to be reimbursed. Nevertheless, the obligation of Cardo to Alyana is extinguished because the payment is valid as to Alyana who has accepted it.

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Obligations and Contracts-What is Natural Obligation?

Natural obligations are those based on equity and natural law, which are not enforceable by means of court action, but which, after voluntary fulfillment by the obligor, authorize the retention by the oblige of what has been delivered or rendered by reason thereof. In other words, they refer to those obligations without sanction, susceptible of voluntary performance, but not through compulsion by legal means.

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Obligations and Contracts - Article 1238

Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payment is in any case valid as to the creditor who has accepted it.

Example:

I borrowed money from my friend Rhiana worth P1,000.00 . Without the intention of being reimbursed, my other friend Joy paid my debt Rhiana. I had previously accepted Joy’s generosity. In this case, I am not liable to my obligation to Rhiana.Nevertheless, my obligation to Rhinana is extinguished because the payment is valid as to Rhiana who has accepted it.

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Obligations and Contracts Article 1240 Case

G.R. No. 172825.October 11, 2012 SPOUSES MINIANO B. DELA CRUZ and LETA L. DELA CRUZ, petitioners vs.ANA MARIE CONCEPCION, respondent

Facts: The petitioners spouses Miniano and Leta Dela Cruz (as vendors) entered into a Contract to Sell with respondent Ana Marie Concepcion (as vendee) involving a house and lot for a consideration of P2,000,000.00 payable in installments. Respondent made the payments with their last payment dated July 7, 1997 therefore, they were able to pay a total of P2,000,000.00. Before respondent issued the P500,000.00 on their last payment, she told petitioners that her unpaid obligation which includes interests and penalties was only P200,000.00 which was also confirmed by the respondent. Meanwhile, the title to the property was transferred to respondent. Later on, spouses demanded the amount of Php 209,000.00 purportedly as remaining balance of the purchase price. Despite repeated demands, petitioners failed to collect the amounts they claimed from respondent. Hence, the petitioner spouses filed a Complaint for Sum of Money With Damages before the RTC.

In her Answer with Compulsory Counterclaim, respondent claimed that her unpaid obligation to petitioners is only P200,000.00 as earlier confirmed by petitioners and not P487,384.15 as later alleged in the complaint. However, during the presentation of the parties’ evidence, respondent presented a receipt to prove that she already paid the remaining balance of P200,000.00 to Adoracion Losloso who allegedly received the same on behalf of petitioners. The RTC dismissed the spouses’ complaint. On appeal the CA affirmed the RTCs decision with modification.

Issue: Whether or not the payment to Adoracion Losloso amounts to a valid tender of payment?

Ruling: Yes. As set forth in Article 1240 of the Civil Code, respondent’s obligation consists of payment of a sum of money. In order to extinguish said obligation, payment should be made to the proper person: Article1240.Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. The Court explained that to extinguish an obligation, payment made by the debtor to the person of the creditor or to one authorized by him or by the law to receive it extinguishes the obligation. When payment is made to the wrong party, however, the obligation is not extinguished as to the creditor who is without fault or negligence even if the debtor acted in utmost good faith and by mistake as to the person of the creditor or through error induced by fraud of a third person. In general, a payment in order to be effective to discharge an obligation, must be made to the proper person. Thus, payment must be made to the obligee himself or to an agent having authority, express or implied, to receive the particular payment. Payment made to one having apparent authority to receive the money will, as a rule, be treated as though actual authority had been given for its receipt. It is clear that payment of the remaining balance of P200,000.00 was not made to the creditors themselves. Rather, it was allegedly made to a certain Losloso which was claimed by the respondent that the former was the authorized agent of petitioners which was then disputed by the opposing party. Losloso’s authority to receive payment was embodied in petitioners’ letter addressed to respondent. In said letter, petitioners reminded respondent of her remaining balance, together with the amount of taxes paid. Taking into consideration the busy schedule of respondent, petitioners advised the latter to leave the payment to a certain “Dori” who admittedly is Losloso, or to her trusted helper. This is an express authority given to Losloso to receive payment. Moreover, Losloso was indeed an agent of the appellant spouses as borne out by the admissions of plaintiff-appellant Atty. Miniano dela Cruz where the latter admitted that he authorized Losloso to receive the payment one or two times. Thus, as shown in the receipt signed by petitioners’ agent and pursuant to the authority granted by petitioners to Losloso, payment made to the latter is deemed payment to petitioners.

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Obligations and Contracts Report-Article 1156

ARTICLE 1156- An obligation is a juridical necessity to give, to do or not to do.

This means that an obligation is a legal requirement that a person must fulfill, whether it involves providing goods or services, performing a specific action, or refraining from doing something. Obligations can arise from contracts, torts, and other sources of law.

An obligation is a juridical necessity because the law requires that it be done. Otherwise, the courts may be called into an action to enforce it.

Moral Obligation is a duty which one owes, and which he ought to perform, but which he is not legally bound to fullfill.

Natural Obligations not being based on positive law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.

Example: Mr. X owed 100,000 to Mr. Y payable in 1990. Mr. Y can no longer sue Stanley as the period to file a court case already prescribed, If Mr. X however voluntarily pays Mr. Y in 2022, Mr. X can no longer get back what he paid. (1424)

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Obligations and Contracts Report- Article 1211

ARTICLE 1211 Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.

Kinds of solidary obligation according to the legal tie:

1. UNIFORM- when the parties are bound by the same stipulations.

2.NON-UNIFORM OR VARIED- when the parties are not subject to the same stipulations. Solidarity not affected by diverse stipulations.

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Obligations and Contracts Report- Article 1184

Article 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. (1117)

This article refers to positive or suspensive conditions where in the happening event at determinate time shall extinguishes the obligation. Suspensive means the happening of which gives rise to the obligation. A positive condition in the law refers to an event that is to take place in order for a condition to be met, as opposed to the non-occurrence of an event, which would be a negative condition.

Example:

A promised to give B a parcel of land if B will marry his daughter, C, this year. If C died or married someone else, or B has not still married C within the said year, the obligation of A to give is extinguished.

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Report on Family Code

Art. 98. Neither spouse may donate any community property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress.

REASONS PROHIBITING DONATIONS

The prohibition against a gift or donation of the community property by either spouse without the consent of the other intended to protect the latter’s share therein from the prodigality of a reckless or faithless spouse. However, donations by both spouses or by any spouse with the consent of the other will generally valid, subject revocation or reduction should such donations turn out to be inofficious or they infringe on the legitimate or successional rights of another compulsory heir.

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Article 64 of Family Code

After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this article must be brought within five years from the time the decree of legal separation has become final.(107a)

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What is Paraphernal Property?

Paraphernal Property is property that solely belongs to either the husband or the wife only. Paraphernal Property is not part of the conjugal property or absolute community property.

If the property regime of the husband and wife is complete separation of property, all properties brought and acquired by each of the spouses before and during the marriage belongs only to either the husband or the wife and not by both of them.

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January 31,2024- Family Code (Assignment)

What is Presumptive Legitime?

PRESUMPTIVE LEGITIME is not defined in the law. Its definition must have been taken from Act 2710, the Old Divorce Law, which required the delivery to the legitimate children of "the equivalent of what would have been due to them as their legal portion if said spouse had died intestate immediately after the dissolution of the community of property." As used in the Family Code, presumptive legitime is understood as the equivalent of the legitimate children's legitimes assuming that the spouses had died immediately after the dissolution of the community of property. Presumptive legitime is required to be delivered to the common children of the spouses when the marriage is annulled or declared void ab initio and possibly, when the conjugal partnership or absolute community is dissolved as in the case of legal separation.Failure of the parents to deliver the presumptive legitime will make their subsequent marriage null and void under Article 53 of the Family Code.

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Validity of wills consists of 2 parts:

Extrinsic and Intrinsic.

Extrinsic validity refers to the forms and solemnities prescribed by law. Intrinsic validity refers to the legality of the will’s provisions.

Extrinsic Validity 1.) From the viewpoint of time: the laws in force at the time the will was made. 2.) From the viewpoint of place/country: 

a.) If the testator is a Filipino, he can observe Philippine law or the law of the country where he executes the will.

b.) If the testator is a foreigner living abroad, he can follow the law of his domicile (the country he’s permanently staying in,) the law of his home country or Philippine law.

c.) If the testator is a foreigner in the Philippines, he can either follow the law of his home country or Philippine law.

Intrinsic Validity 1.) From the viewpoint of time: the law in force at the time of the testator’s death governs succession rights.

2.) From the viewpoint of place/country: the national law of the testator governs, regardless of the place the will was executed or where the testator died.

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GLOBE MACKAY CABLE AND RADIO CORP., and HERBERT C. HENDRY v. THE HONORABLE COURT OF APPEALS and RESTITUTO M. TOBIAS

GR No. 81262, DIVISION, August 25, 1989, CORTES, J.

FACTS:

Restituto M. Tobias (Tobias) herein private respondent was an employee of Globe Mackay Cable and Radio Corp (GMCRC) herein petitioner. Herbert Hendry (Hendry) herein petitioner, was the Executive Vice-President and General Manager of GMCRC.

Sometime in 1972, GMCRC discovered fictitious purchases and other fraudulent transactions for which it lost several thousands of pesos. Thereafter, Hendry ordered Tobias to take a force leave so as to have Tobias investigated. Hendry declared that Tobias was their number one suspect in the anomaly. Thus, criminal complaints for estafa were filed against Tobias. These charges were, however, dismissed for lack of probable cause. Subsequently, Hendry dismissed Tobias from employment. Claiming that he was illegally dismissed, Tobias filed a complaint for damages against GMCRC and Hendry with the RTC.

The RTC decided in favor of Tobias. On appeal, the CA affirmed. Now, GMCRC and Hendry assail the decision of the CA. It asseverates that the dismissal of Tobias was in lawful exercise of its right. Hence, this petition.

ISSUE:

Whether or not GMCRC and Hendry exercised lawfully their right to dismiss Tobias. (NO)

RULING:

An employer who harbors suspicions that an employee has committed dishonesty might be justified in taking the appropriate action such as ordering an investigation and directing the employee to go on a leave. Firmness and the resolve to uncover the truth would also be expected from such employer. But the high-handed treatment accorded Tobias by petitioners was certainly uncalled for. The imputation of guilt without basis and the pattern of harassment during the investigations of Tobias transgress the standards of human conduct set forth in Article 19 of the Civil Code. The Court has already ruled that the right of the employer to dismiss an employee should not be confused with the manner in which the right is exercised and the effects flowing therefrom. If the dismissal is done abusively, then the employer is liable for damages to the employee. Under the circumstances of the instant case, the petitioners clearly failed to exercise in a legitimate manner their right to dismiss Tobias, giving the latter the right to recover damages under Article 19 in relation to Article 21 of the Civil Code.