Republic of the Philippines

JPLPC-Malvar
Malvar, Batangas
COLLEGE OF TEACHER EDUCATION

COURSECODE : Ged 107

COURSE TITLE : ETHICS
INSTRUCTOR : Mr. Jairus P. Aguila
REPORTER :
CONTACT NO. :

Semi Final Handout

CHAPTER 8: MORAL RESPONSIBILITY

MORAL RESPONSIBILITY
- the extent to which a person deserves a blame or punishment, praise or reward or should pay
compensation for having done something wrong
- also known as “moral liability”
- it is usually determined based on ethical or moral standards

Determinants of Moral Responsibility

-important that the act- be deliberate or voluntary.
- must be knowing and free

LEGAL RESPONSIBILITY
Based on penal laws or legal standard strictly enforced by state

IGNORANCE – absence of knowledge which one ought to have.

A person's moral responsibility also diminishes if the person is not acting freely.

ACTIONS WITH UNINTENDED RESULTS

Paul Glenn asserts that a doer is morally responsible for the unintended result of his act only
when
 he is able to foresee the evil result of effect, at least in general way
 he is free to refrain from doing that which would produce the foreseen evil
 the doer has moral obligations not to do that which produces an evil effect

PRINCIPLE OF RESPONSIVENESS ADJUSTMENT

Clearly provides for the limitation of exempting moral responsibility those who unintentionally
commit wrongful acts.

DOUBLE EFFECTS
An action produced two different consequences or result one good (intended) and the other evil
(unintended)
CHAPTER 9: RIGHTS OF LABOR AND CAPITAL

INDUSTRIAL PEACE
-A state in industrial relations in which both employer and employees abstain from
industrial action, such as strikes and lockouts.

RIGHTS OF WORKERS
1. Right to Self-Organization
2. Right to Collective Bargaining
3. Right to Collective Negotiation
4. Right to Peaceful and Concerted Activities
5. Right to Security of Tenure
6. Right to Just and Humane Conditions of Work
7. Right to a Living Wage
8. Right to Participate in Policy and Decision Making

DUTIES AND RESPONSIBILITIES of WORKERS

RIGHTS- imply duties and responsibilities.

Rights Responsibilities
• Right to Respect by Others • To Protect the Rights of Others
• Right to Remuneration for Service • To Fulfill Obligation to Contracted
Rendered Service to Employers
• Right to Adequate Working Conditions • To Protect and Conserve Materials
• Right to Collective Bargaining • To Observe Terms and Conditions of Employment
• Right to Concerted Activities • To Observe Peace and Order

Rights of Employers
Right to decide on matters that are essential to the interest of the business
Right to reasonable returns of investment
Right to expansion and growth

Duties of the Employers

Provide workers with just and fair remuneration for their labor or services.
Provide workers with just and healthy working conditions
Respect rights of workers to self-association
Observe collective bargaining agreement
Address the grievances of employees

TRADE AND LABOR UNIONS

-Results of workers’ right to self-organization
2 general objectives
Political
Economic
CHAPTER 10: LEGAL LIABILITY OF WORKERS

LAW – a system of principles and processes promulgated and strictly enforced by the State to
regulate the conduct of its citizens and as a means of resolving conflict interests.

Three General Sources of Law

1. CONSTITUTION - the fundamental and the basic law of the land.
2. LEGISLATION (STATUTORY LAW) - laws enacted by the law-giving body of the State.
3. COMMON LAW - the body of principles that evolves from court decisions.

GENERAL TYPES OF LAW

1. Public law- body of laws that deals with relationships between the individuals and the
government.

Criminal Law- deals with safety and welfare of an individual.

Administrative Code (EXECUTIVE ORDER NO. 292 INSTITUTING THE

"ADMINISTRATIVE CODE OF 1987") - aimed at enhancing societal objectives

The Labor Code - aimed at enhancing societal objectives

PRESIDENTIAL DECREE NO. 442, AS AMENDED
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR,
PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE
INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE

The Labor Code contains several provisions which are beneficial to labor. It prohibits
termination from employment of Private employees except for just or authorized causes as
prescribed in Article 282 to 284 of the Code. The right to trade union is expressly recognized, as
is the right of a union to insist on a closed shop.

3. Private or civil law- body of law that deals with the relationship of private individuals.
CONTRACT LAW- involves the enforcement of agreement among private individuals or
penalties for failure to observe the agreement.
For example:

Josh agrees to deliver 300 pavers to Charles at his home on Monday, for $150.00. Charles
pays Josh the full amount up front, but Josh fails to deliver the pavers on Monday. When the
pavers still haven’t been delivered on Wednesday, Charles is angry and simply wants his money
refunded. Josh has committed an actual breach of his contract with Charles.

TORT LAW- defines and enforces the rights and responsibilities among private individuals that
are not based on contractual agreements.
Briefly and generally speaking, the term “tort law” encompasses legal situations where an
individual could be held liable for an injury inflicted upon another person.

Intentional Torts
An intentional tort case is just that: intentional. This type of tort case takes place when an
individual intentionally engages in actions that effectively cause injury or damage to another
person.
For example, throwing a punch in a fight is intentionally engaging in destructive behavior. A
plaintiff can file an intentional tort suit in this situation.
Examples of intentional torts include battery, conversion, false imprisonment and defamation.

Negligence
Negligence is the most common type of tort. These cases are deliberate, but they are
caused when an individual acts carelessly resulting in the injury of another.
For example, a janitor has a duty to put up a wet floor sign after mopping. If he or she fails to put
up the sign and someone falls and injures themselves, a negligence tort case may be filed.
Examples of negligence torts include car accidents, bicycle accidents and medical malpractice.

Strict Liability
Strict liability, or “absolute” liability, is a tort case where responsibility can be placed on
an individual without proof of negligence or fault.
For example, if a company releases a defective product for consumer purchase, and a consumer
is injured because of the defect, strict liability is imposed. The company is always held liable.
Examples of strict liability torts also include animal attacks and abnormally dangerous activities.

Legal Liability
CRIME- an act in violation of the public law punishable by fine, imprisonment or even death.
- can be felony or misdemeanor

MISDEMEANOR - offence of a less serious

As mentioned, the term “misdemeanor” can include a very wide range of criminal offenses and
violations. These can include:
 Traffic offenses, especially those involving DUI or drunk driving;
 Assault and battery and other relatively minor offenses involving bodily harm;
 Theft, larceny, and other similar crimes involving property;
 Possession of a controlled substance and various drug crimes;
 Perjury crimes
 Obscenity and other related crimes
 Gun possession violations

FELONY - crime against person and property of serious nature.

Classes of Felonies
1. CONSUMMATED – when all the elements necessary for its execution and accomplishment
are present

2. FRUSTRATED - when the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator

3. ATTEMPTED – when the offender does not perform all the acts of execution which should
produce the felony by reason of some causes or accident other than his own spontaneous distance

Classification of Criminal Liabilities

PRINCIPALS- persons who take part directly in carrying out those wrongful acts or those who
directly entice others to commit it.

ACCOMPLICES - also known as accessories before the act

-persons who are not directly part of the crime

ACCESSORIES - also known as accessories after the act. Those who don’t have knowledge or
not participating as principals or accomplices

Circumstances Affecting Criminal Liability

JUSTIFYING CIRCUMSTANCE – anyone who acts in defense of his person or rights

EXEMPTING CIRCUMSTANCES – underage (below 18), overage (over 70), accident

MITIGATING CIRCUMSTANCES – circumstances that do not constitute a justification or
excuse of the offence in question, but which, in fairness and mercy, may be considered as
reducing the degree of moral responsibility

AGGRAVATING CIRCUMSTANCES – those which increase the criminal liability of the

offender or make his guilt more secure

ALTERNATIVE CIRCUMSTANCES – those which must be taken into consideration either

an aggravating or mitigating, depending on the nature and effects of the crime
They are considered only when they influenced the commission of the crime.

UNLAWFULPRACTICES IN THE WORKPLACE

Negligence- or imprudence indicates a deficiency of perception, or a flagrant and reckless
disregard of the safety of others and willful indifference to the injury liable to follow from an act.

2 Classes of Criminal Negligence

1. RECKLESS IMPRUDENCE
This happens when one does an act, or fails to do an act voluntarily but without malice,
from which act or omission a material damage results because of the offender's in exclusive lack
of precaution, taking into consideration his employment or occupation, degree of intelligence,
physical condition, and other circumstances regarding persons, time and place.

2. SIMPLE IMPRUDENCE
A person is guilty of this crime if he shows lack of precaution in those cases in which the
damage about to be caused is not immediate or in which the impending danger is not evident or
manifest.

Physical Injury
May be serious or slight, depending upon the nature and character of the wound inflicted
and their consequences on the person of the victim

Serious Physical Injury

It is the consequence of the deliberate act of wounding, bearing or assaulting and has
resulted in insanity, impotency, blindness, loss of an eye, a hand, a foot, an arm, a leg, or loss of
the use of any part of body.

Slight Physical Injury

Refers to injuries not described as serious, but which incapacitate the offended party for
labor for 10 days or more, but not more than thirty days. (Ibid. Art.265)

Sexual Harassment
An act committed by the employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who having
authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other. (Anti-
Sexual Harassment Act of 1995)

Acts of Lasciviousness
- committed when a person embraces, kisses or holds a woman`s breast

Grave Scandal
- Scandalous acts that offend decency or good customs
- committed in public places or within the view or knowledge of the public

Defamation
- prefers to a public and malicious imputation of a crime, or a of a vice or defect real or
imaginary, or any act, omission, condition, status, or circumstances tending to cause the
dishonor, discredit, or contempt of a natural or judicial person, or to blacken the memory of one
who is dead
- committed orally or in writing

Slander – orally

Libel – writing

Theft or Larceny
- any act of taking property against the will of the owner whether by stealth,
confrontation or fraud, whether done quickly or cautiously, and whether a large or small amount
of stolen goods is involved.

Graft and Corruption

- most perennial problem plaguing both the government and private sectors