Pure courtesy main issue in Dasma incident
I agree with Vice President Jejomar Binay: The Dasmariñas Village incident last Nov. 30 was purely a matter of courtesy. I admire the Vice President because he talks less but acts more, something we need in a president.
It must be noted that the guards of Dasmariñas Village Association (DVA) applied the rules strictly. But I doubt if the rules were published in a newspaper, as required by law to become effective (Art. 2, New Civil Code) and to inform the public (Phil. International Trading Corp. case, GR No. 108461, Oct. 21, 1996).
The application of the DVA rule in question should have been suspended as DVA was not unjustly prejudiced (Baylon case, GR No. 150870, Dec. 11, 2002) when Mayor Junjun Binay and Sen. Nancy Binay asked to exit through the Banyan gate. Besides, the DVA guards knew the status of the Binays pretty well; hence, the DVA guards were in estoppel (Art. 1431, New Civil Code). And thus, the DVA guards should have allowed the Binays to pass the no-exit-after-10 p.m. Banyan gate, out of courtesy and respect which we, Filipinos, are known for.
Since the DVA was not unjustly prejudiced by the Binays’ decision to exit Banyan gate, the DVA rule should have been applied liberally or suspended. According to the law, the Rules of Court shall be liberally construed (Rule 1, Section 6, Revised Rules of Court). If the Rules of Court shall be liberally construed and the same may be suspended, per law and jurisprudence, how much more subdivision rules? In other words, it was hypocrisy, pure and simple, on the part of the DVA guards.
Further, the DVA guards did not give Mayor Binay and Senator Binay the courtesy befitting their status. Thus, the DVA guards violated the mandatory provision of Article 19, New Civil Code, which states that every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
I also agree with the police for inviting and bringing the guards to their station primarily to teach them when and how to observe courtesy and respect or to be polite as Filipinos.
Anyone who disagrees with me is surely not a Filipino. And I am challenging him or her to a debate anytime and anywhere in the Philippines, with Sen. Miriam Defensor-Santiago as moderator.
—PEDRO E. LUNA JR.,
San Isidro, Ormoc City,
