Tuesday, March 3, 2009
Every sort of conflict started with misunderstanding.
What was intended was misunderstood.
Since intentions are inherently invisible and they belong to the realm of the mind of a person, how would an ordinary person judge another person's intentions?
In order to judge the intent of a person, the Philippine Laws and Philippine Jurisprudence ('jurisprudence' are the rationales of those cases that have been decided by the Supreme Court of the Philippines), tell us that 'the index of intention is action.' Thus, every intention is judged by the acts of the parties. All acts before, during, and after the forging of an agreement and even the contemporaneous acts of the parties are also judged in order to determine the true intention of the parties. If the parties hid their real intention, the contract is called a simulated contract. This is called relatively simulated contract. Any of the parties may go to court in order to seek reformation of the contract so that the contract may be conformed to the intention of the parties thereto. If the parties did not intend to be bound at all in said contract, it is an absolutely simulated contract. Under the New Civil Code, said contract an absolutely simulated contract is void because of the absence of consideration, which is an essential element of a contract.
In criminal laws, a person cannot become liable for anything which he merely intended to do if he did not act on it. Thus, if a person only thought of killing another person, yet has not done anything to kill the other person, there is no liability on his part for either murder or homicide.
However, under the Revised Penal Code a "felony" or translated as "crime" is defined therein as 'an act or omission punishable by law.' Even omissions, intended or not, which are punishable by law, are considered felonies. The catch is this: such act or omission MUST be punishable by law, whether by the Revised Penal Code of the Philippines or by a special penal laws, like the law against bouncing checks or BP 22. If there is no law punishing an act or omission, then there is no crime.
What was intended was misunderstood.
Since intentions are inherently invisible and they belong to the realm of the mind of a person, how would an ordinary person judge another person's intentions?
In order to judge the intent of a person, the Philippine Laws and Philippine Jurisprudence ('jurisprudence' are the rationales of those cases that have been decided by the Supreme Court of the Philippines), tell us that 'the index of intention is action.' Thus, every intention is judged by the acts of the parties. All acts before, during, and after the forging of an agreement and even the contemporaneous acts of the parties are also judged in order to determine the true intention of the parties. If the parties hid their real intention, the contract is called a simulated contract. This is called relatively simulated contract. Any of the parties may go to court in order to seek reformation of the contract so that the contract may be conformed to the intention of the parties thereto. If the parties did not intend to be bound at all in said contract, it is an absolutely simulated contract. Under the New Civil Code, said contract an absolutely simulated contract is void because of the absence of consideration, which is an essential element of a contract.
In criminal laws, a person cannot become liable for anything which he merely intended to do if he did not act on it. Thus, if a person only thought of killing another person, yet has not done anything to kill the other person, there is no liability on his part for either murder or homicide.
However, under the Revised Penal Code a "felony" or translated as "crime" is defined therein as 'an act or omission punishable by law.' Even omissions, intended or not, which are punishable by law, are considered felonies. The catch is this: such act or omission MUST be punishable by law, whether by the Revised Penal Code of the Philippines or by a special penal laws, like the law against bouncing checks or BP 22. If there is no law punishing an act or omission, then there is no crime.
posted by Leusen at 10:40 PM | 
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