15 October 2009

On Ordinary Diligence of a Good Father

The diligence required by law to every person may be either: Ordinary Diligence or Extra Ordinary diligence, depending on the nature of the obligation

Extra Ordinary Diligence means, "the diligence of a very cautious person as far as utmost human care and foresight can provide with a due regard for all the circumstances."

On the other hand, Ordinary Diligence simply means, "diligence of a good father of a family."

The term "diligence of a good father of a family" reminds us that in rendering our obligations to other persons, we should provide the care and caution that we would have otherwise done in the exercise of handling the affairs of our own family.

There are times when I wonder why such the "diligence of a good father'??? I mean, come to think of it  --

Why not, The diligence of "a good mother?" or;

Why not, The diligence of a "good girlfriend?";

Why not The diligence of a "good sister?";

Or why is it not The diligence of a "good woman?"

To think, oftentimes, it is the mothers who are more diligent than fathers. I mean, in a family setting for example, women are generally better in taking care the children, getting the groceries, preparing the meals, cleaning the house—women do these and more and all at the same time. Women are naturally born diligent multi-taskers and can run the household without breaking a sweat.

Mothers being women, tend to have gotten better grades in school. Women tend to learn faster and are keener on details. Women mature faster than men. Women tend to communicate their ideas better.

Mothers have better capacity to sympathize and are more sensitive to the emotional and physical concerns of the children. Mothers have better facilities in a parent-child relationship with regard to instruction and supervision a child. Mothers even have this special gift of "intuition" which men in general do not have.

While I do not think that Ordinary Diligence means "the diligence of a good father" is wrong. It seems to me that "the diligence of a good mother" JUST makes more sense nowadays.

Maybe it is time for our law makers to review this part of the Civil Code.

If such said provision had been stated as  "diligence of a good mother of the family," ordinary obligations would have probably made better sense. Persons would have probably practiced sounder judgments. Courts would have probably lesser cases to handle regarding specific performance of obligations.

If  "mother's diligence" had been the law, a person only has to remember how his mother rendered diligence, care, and sacrifice to provide for the family, and he would have known exactly what the law was all about.


leslie balino said...

parang sa obli-con ito...tama!ito lang ang isa sa mga nasa buslaw namin na naaalala ko...by heart!HAHAHA

avril gamboa said...

uhhmmm..so finally inaamin mo na! mas magaling kmi mga babae??? heheheee

rah oibas said...

Mas magaling naman talaga ang mga babae eh :D If God had been a woman, we would probably have been more caring and peaceful :D

avril gamboa said...

ga, panu mo nalaman na lalake c God? :D

Layla Medina said...

that pondering makes a lot of sense. nung college ako, at may oblicon ako (management kasi pre-law ko), naisip ko rin yun. "e bakit diligence of a good father of a family?" di ko makonek-konek. kasi alam ko di lang father ang diligent.

and yes, dapat talaga i-review ang civil code. hehe.

Anonymous said...

because as he already said, ordinary diligence refers to the good father, while the extraordinary diligence could be deferred to as the diligence of a good mother.

And btw, i dont know kung saang ground nagsasalita ung blogger, pero some fathers are diligent enough to provide for the family. alone.

pero assumming without conceding, mas diligent naman talaga ang mga babae

Seth Correo said...

Sabi ng College of Law dean namin, the rationale behind this principle "diligence of a good father" is because the lawmakers of the civil code are all men.