Case File

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ase According to Thomas Paine, “A person commits an error by not reflecting far enough”. Perhaps this is the best aphorism that is applicable in the case of Mr. Jose Naguimbing. For he seemed to be acting out of his impulses without even taking into consideration the worst repercussion that might arise out of his decision which is wanting of intellectual or wise discretion. Mr. Jose Naguimbing succeeded his brother Pedro as a General Manager of Jona Car Rental, which was very profitable when the latter turned it over to the former. However, things began to change by the time the business has been handled by Pedro’s brother Jose. The staff has been skeptical of Jose’s capability to competently and effectively discharge his duties as the General Manager of the business. For the following reasons; first, at the first few months he was very enthusiastic at the fifth month he began to perform poorly as the general manager of the business which was evidenced when the manager presented him a purchase of order for three units of Toyota Corolla, and requested his signature, Mr. Jose Naguimbing without further ado affixed his signature thereon. Thereafter the manager filed the purchase of order on the following day but, Mr. Jose Naguimbing suddenly desisted the purchase thereof on the same day and instead instructed his manager to cancel the order. And commanded the same to purchase three units of Mitsubishi Cars from another car dealer. Now the question is, isn’t his act prejudicial on the part of the car dealer? And isn’t it negligence on his part to just put his signature thereon without even studying what was the document about? In connection to the first inquiry unfortunately it is absolutely prejudicial on the dealer, the fact that he affixed his signature on that document signifies his willingness and the concession to take that product and therefore it can no longer be taken back inasmuch as he will be inevitably causing delay and disruption of the business transaction of the dealer thus putting an obstacle for the profit to enter into their business with this kind of scenario Mr. Jose Naguimbing is acting out of bad faith for breach of contract. Same goes with Mr. Jose Naguimbing he will likewise be reaping the fruits of his act for commanding and instructing his office manager to buy three units of Mitsubishi cars instead of Toyota cars for he had to make another reservation before his request is to be entertained. Nevertheless, beyond that his reputation as a businessman will be tainted, which will affect the business in the long run. As a businessperson, he should take into account the essence of business and legal ethics most especially human relations. According to Article 19 of the Civil Code of the Philippines; “Every person must, in the exercise of his rights and in the performance of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.” Yes every person has their right, the law neither dares to abridge nor abridge nor to interfere thereto. According to the Latin maxim, “Lex Nil Frustra Facit”- the Law does nothing in vain. The law exists to regulate human actions in such a way that there will be a harmonious human relationship. In Globe Mackay Cable and Radio Corp. v. Court of Appeals,

It was held that; “A right, though by itself legal because recognized or granted by the law as such, may nevertheless become the source of some illegality. Furthermore, when a right is practiced in a manner which does not adhere with the norms enshrined in the aforementioned article and results in the damage to another, a legal wrong is thereby committed for which the wrongdoer must be held accountable.” As to the second one it is his negligence for before he should sign the document, he must first study the same. Giving it his signature means that he is giving that piece of paper the power to do what it ought to do in adherence with the stipulations...
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