Wednesday, November 7, 2007
After learning the essentials of a pagta and it is just like an ordinary contract, let me introduce the spirit behind a pagta.
Viewed from its origin, the pagta is a mechanism devised by the warriors of old in order to establish a peace pact between and among themselves.
The establishment of a peaceful surroundings, fit for the growth and development of the youngsters, is the driving force behind the original pagtas of old.
Such peace, which is, up to the present, desired by many could be attained, this author believes - when we learn how to respect the autonomy of each individual with whom we deal with on a daily basis.
This kind of respect is of high importance. According to Immanuel Kant, a great philosopher in his own rights, autonomy is the wholeness of a person; this autonomy therefore defines a person.
To my mind, an individual's worth is embodied in his/her being a person. Under the Civil concept of a person, a "person" is one who/that has rights and obligations created by law.
In our study, we have seen that a pagta establishes the rights and obligations of the parties thereto. However, since the codification of the pagta in Kalinga Province, all "persons" covered by the said pagta in the said province can trace their rights and obligations from the set of precepts and rules and regulations that they have voluntarily established by and for themselves. In truth, a real pagta, as we have already discussed in the earlier articles, is the law between the parties.
That law defines persons' rights and obligations; hence pagta as a source of rights and obligations, must not be taken lightly but with utmost respect.
In closing, every individual under the 1987 Constitution may freely enter into contracts, which contracts may not be abridged by any law, provided only that the said contracts are not contrary to law, morals, public order, public policy and GOOD CUSTOM.
The inclusion of good custom in the proviso indicates that the Fundamental law of the land and such pertinent laws recognize that there are good customs - one of which, this author believes, is the amicable settlement of conflicts.
In our next articles, we shall discuss briefly some laws and actual cases decided by the Supreme Court where amicable settlement became a requisite sine qua non before a ripe case may be filed in a court of law.
 
posted by Leusen at 5:28 PM |


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