Friday, November 16, 2018

Department of Trade and Industry 2018 On Values


Values are something desirable. This could mean one may not value what is undesirable. This could also mean that there are no negative values but only wrong usage/uses of them. How about the one you love? Is there anything desirable from him or her that you value him or her? Well, we can understand this if we understand the nature of values. Moreover, it is said that we, Filipinos, reason more with our hearts than with our minds.

A person with values positively believes that certain patterns of behaviour or modes of conduct are personally and socially preferable to other patterns or modes of conduct. Such preference serves as a guide for making decisions or choices. Values are best expressed in the actions we do and understood in the events we experience. In the case, Aowa Electronic Philippines, Inc. vs DTI-NCR, G.R. NO. 189655, 2011 one may see two different values in the seller and in the buyer/consumer as the ponente of the case wrote: “In these trying times, when fly-by-night establishments and syndicates proliferate all over the country, lurking and waiting to prey on innocent consumers, and ganging up on them like a pack of wolves with their sugar-coated sales talk and false representations disguised as overzealous marketing strategies, it is the mandated duty of the Government, through its various agencies like the DTI, to be wary and ready to protect each and every consumer. To allow or even tolerate the marketing schemes such as these, under the pretext of promotional sales in contravention of the law and its existing rules and regulations, would result in consumers being robbed in broad daylight of their hard earned money. This court shall not countenance these pernicious acts at the expense of consumers.” Aowas’ representatives just wanted the money of their customers while the buyers/consumers wanted the giveaways or gifts. Nevertheless, both choices of action have value components.

The most common Filipino term for value is halaga. Halaga refers to the worth we give to something or someone. But there are competent authorities who scholarly used the term pamantayan instead of the term halaga. Why? Value is a “standard” on the basis of which one recognizes, expresses and evaluates behaviour as right or wrong, correct or incorrect, etc., Pamantayan is then the most appropriate term for value being a “standard”. Pamantayan comes from the root word pantay which means at the “same level or aligned”. It is walang labis, walang kulang. Behaving in line with what is acceptable is much preferred to deviating from it. Thus, we can say nasa tamang katayuan tayo as we stand for what is true, beautiful, good and right. Without a standard, it would be difficult to decide what is important and what is not, what is right and what is wrong, what we ought to do and what we ought not to do in certain situations.

Pamantayan is composed of three elements or value systems: halaga, asal and diwa. Halaga (price) is more of extrinsic in its nature; it is evaluative. It creates an image of relevance, importance, and significance in the things we do. This is why we consider certain objects valuables and others not; we uphold certain principles but not others. Here we say tama or mali (right or wrong) in our decisions and actions. Look at the case of Emmanuel B. Moran, Jr. vs Office of the President of the Philippines, as represented by the Honorable Executive Secretary Eduardo R. Ermita and PGA Cars, Inc., G.R. No. 192957. The case itself outlived the original complainant/petitioner. He was substituted by his widow, Concordia who raised the issue before the Supreme Court. The court eventually upheld a DTI ruling holding a car dealer liable for the defects of a brand new vehicle a consumer bought for 3.3 million in 2003. The court’s decision was made only in 2014. The length of time spent by both parties for this case especially by the petitioner reveals the halaga of what her deceased husband was fighting for.

Asal (character) is intrinsic in its nature; it is expressive. It serves as the fundamental basis of our way of valuing –be it interpersonal, emotional, or moral. It is a standard for recognizing and expressing proper behaviour. Here we say there is mabuti or masama (good or bad) in one’s character or manners or right conduct. People are rejected or accepted according to their asal (kabubut-on or kulay). Asal as one of the three elements is applicable only to human behaviour. It is limited to the expressive nature of character. In the case of Autozentrum Alabang, Inc., vs Spouses Miamar A. Bernardo and Genaro F. Bernardo, Jr., DTI, Asian Carmakers Corporation, and Bayerishe Motoren Werke (BMW) A.G., GR No. 214122, 2016, Autozentrum, the petitioner claimed that the spouses Bernardo failed to prove the elements of deceit or misrepresentation under Article 50, and injury under Article 97 of RA 7394 (Consumer Act of the Philippines) but the Supreme Court noted that DTI and the Court of Appeals both found that it sold to the couple a defective and used car, instead of a brand new one. The Court was convinced there was clearly a fraud on the part of the seller. This case does not just dwell on the halaga (price) of the vehicle but also of the asal (character) of the seller.

Diwa is psychic in nature; it is spiritual. When it is mentioned that diwa is spiritual, it refers to those contexts and meanings in cultural values and practices that are believed to be true and accepted as correct such that they do not need any explanation at all. These include beliefs in the influence of natural and supernatural powers over human affairs. It provides inner strength and meaning to life. Without which, life becomes meaningless and all the things we do lose their significance. Here we say malinis or makasalanan (virtuous/good or evil). With diwa, one is strengthened and made capable to deal patiently with all kinds of problems in life. It is the soul of the people.

Major reference:
Jocano, F. Landa, Anthropology of the Filipino People IV: Filipino Value System (A Cultural Definition), Quezon City: PUNLAD Research House, Inc., 1997.

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