Art. 24 of NCC
PERSONS AND FAMILY RELATIONS
FAMILY CODE OF THE PHILIPPINES
Prepared by: Jherwin P. Hermosa
ARTICLE. 24. IN ALL CONTRACTUAL, PROPERTY OR OTHER RELATIONS, WHEN ONE OF THE PARTIES IS AT A DISADVANTAGE ON ACCOUNT OF HIS MORAL DEPENDENCE, IGNORANCE, INDIGENCE, MENTAL WEAKNESS, TENDER AGE OR OTHER HANDICAP, THE COURTS MUST BE VIGILANT FOR HIS PROTECTION.
WHO ARE PROTECTED BY LAW?
Reason for the Courts' Protection of the Underdog
The law takes great interest in the welfare of the weak and the handicapped. Thus, we have "parens patriae"
Literally, "parens patriae" means "father or parent of his country". In the U.S. (as in the Philippines), the phrase refers to the sovereign power of the state in safeguarding the rights of the person under disability, such as the insane and the incompetent.
Meaning of "Vigilant for His Protection”
The phrase in general means that in case of doubt, the doubt must be resolved in favor of the underdog. This does not mean that they are above the law, or that they are given preferential status but simply the courts must be vigilant as others might take advantage of their disadvantaged status.
ISSUE ON SOCIAL JUSTICE
Article 24 of the Civil Code is an implementation of the Social Justice Clause in the Constitution. In a message to the National Assembly on February 16, 1938, President Manuel L. Quezon said: We are earnestly concerned with social justice. Without a strict application of social justice to all elements of the community, the general satisfaction of the people with the government is impossible to achieve.
WHAT THE PROTECTION COVERS?
In Valenzuela v. CA, et al., G.R. No. 56168, December 22, 1988.
Facts: An old and illiterate man obtained a loan from a rural bank of P 300.00. His record reflected, however, was P 5,000.00. In action for annulment and or instrument, the lower court ordered the reformation of a contract to reflect the true intention of the parties.
Held: The bank took advantage of the old man, hence, in the exercise of the Court’s duty to protect the rights of people with limited education, it affirmed the lower court’s decision, based on Article 24, NCC. Award of moral damages was also sustained due to the mental anguish and serious anxiety suffered by the heirs as the result of a fraudulent act of the bank.
Law applied in Rape Case
People v. Casipit, 51 SCAD 482, 232 SCRA 638 (May 31, 1994)
Worth noting is the marked receptively of our courts to lend credence to the testimonies of victims who are of tender years regarding their versions of what transpired since the State, as parens patriae, is under obligation to minimize the risk of harm to those who, because of their minority, are not yet able to fully protect themselves.
Parens patriae -- the principle that political authority carries with it the responsibility for the protection of citizens.