Classification of the Law

Monday, May 20, 2013 6:01 PM

Physical law - Universal rule of action that governs the conduct and movement of things which are non-free and material
Natural law - This law derives its force and authority from God. It is superior to other laws. It is binding to the whole world, in all countries and at all times - Right reason inscribed in each of everyone of us Manufacturer's manual - You want it (tempted) but you know that it is hazardous for you (because it is written in the manual inside of you) Moral laws - Set of rules which establishes what is right and what is wrong as dictated by the human conscience and as inspired by the eternal law - "As dictated by human conscience" Is that a source of morality? - You have a deformed conscience so you are tasked to form your conscience Divine Law Divine Positive law - Ten commandments 4th commandment (honor thy father and mother) - This commandment follows that you should follow the laws of the land and human authority Divine Human Positive Law - Commandments of the Church

Public law Constitutional law - Is the fundamental law od the land which defines the powers of the government Administrative Law - The law which fixed the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the government are performed International Law - Body of rules which regulates the community of nations - Is there a sovereign power which rules the state? Private Law - Body of rules which creates duties, rights and obligations, and the means and methods of setting courts in motion for the enforcement of a right or of a redness of wrong Substantive private law - law which establishes principles and creates and defines rights limitations under which society is governed (Pasted from <http://legal-dictionary.thefreedictionary.com/Substantive+Law> ) Procedural or adjective private law - Refers to the means and methods of setting the courts in motion, making the facts known to them and effectuating their judgment

Life of law is not logic but of human experience

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Defining the Law

Monday, May 20, 2013 8:08 PM

Law - An ordinance of reason for the common good, made by him who has care of the community, and promulgated (S.T.I. II, Q. 90, Art. 4) It should be made known to all because the law is to guide us on how we should behave 4 kinds of Law Eternal Law - comprised of those laws that govern the nature of an eternal universe (Pasted from
<http://definitions.uslegal.com/e/eternal-law/> )

Divine Law - Divine Revelation - To take away the almighty god is unconstitutional Natural law - Rule of reason, promulgated by God in Man's nature, whereby one could discern how he could act and gives direction for its use so that it will achieve its end so has the creator built a certain knowable nature into man to enable the latter to achieve his final end Human law - Particular determinations, devised by human reasons on certain maters insofar as these partake of tight reasons, they are derived from the Divine law

Contrast between Aquinas' jurisprudence and Enlightment jurisprudence Eternal law Divine law ----------------------Natural Law Human Law
There is in nature a common principle of the just and the unjust that all people in some way discern even if they have no association or commerce with each other Law is the highest reason, implanted in nature, which commands what ought to be done and forbids the opposite. Right is based not upon men's opinions, but upon nature. Natural law has become a canon to determine the validity of any human or man-made law. An unjust law is no law at all Legal Positivist: - What counts as law in any society is fundamentally a matter of social fact or convention - There is no necessary connection between law and morality Ultimately, our knowledge and understanding of the law must be based ion the so-called "manufacturer's manual" written in our hearts. With that, we will cease to be mere legal technicians. Rather, we become lawyers with hearts - that is, knowledge and understanding rooted in charity

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Overview of the Philippine Legal System

Tuesday, May 21, 2013 6:04 PM

(see photocopy for powerpoint copy)

Civil Law (Roman) Common Law (Anglo-American)

- Family relations - Property - Succession - Contract - Criminal law

- Constitutional law - Procedure - Corporation law - Negotiable instruments - Taxation - Insurance - Labor - Banking and currency

Pre-Spanish Period (pre 1521) Filipinos lives in numerous independent communities called barangay Maragtas Code - Issued by Datu Sumakwel of Panay Island Penal Code of Kalantiao Before the white men came here, we have our own civilization and laws - Trial by ordeal was practiced in the barangay
Spanish Regime (1521-1898) The arrival of Magellan (March 16, 1521) gave us Royal Decrees

Philippine Republic of 1898 Independence of the Philippines was proclaimed by Emilio Aguinaldo (June 12, 1989) A Revolutionary Congress was convened (September 15 1898) Malolos Constitution was approved (January 20 1899) - Proclaimed popular sovereignty and enumerated the fundamental civil and political rights Ended with the Treaty of Paris (December 10 1898) The American regime (1898-1935) Jones Law Tydings MacDuffie Law - Granted us the right to create our own constitution - 10 years of transitional period before independence The Commonwealth era (1935-1946) President Manuel L. Quezon and VP Sergio Osmena The Japanese occupation (1941-1944) Japan invaded Philippines (December 8 1941) KALIBAPI - Created a Japanese-sponsored republic headed by Jose P. Laurel Commonwealth functioned in Washington DC The period of the Republic (1946-1972) Re-established by February 28 1945 by Sergio Osmena 3 co-equal branches of the government (separate powers) - Legislative - Judicial - Executive 1973 Constitution
The martial Law Period (1972-1986) Marcos declared martial Law (September 11 1972) Executive and legislative power were merged

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 Executive and legislative power were merged Military tribunals were established Prime Minister has the power to advise the President. The President is the symbolic head of state - Powers of PM and President was vested to Marcos Amendment No. 6 authorized Marcos to continue exercising legislative power until Martial Law is in effect 1981 amendment introduced the modified presidential-parliamentary system of government of the Philippines - President will have a term of 6 years, elected by people - PM will be voted by the parliament Proclamation No. 2045 (1981) lifted Martial Law and abolished military tribunals Elections were held (June 16 1981) and Marcos was re-elected Constitution was amended in 1984 Snap Election (November 3 1985) - Corazon Aquino led over a million - But Marcos was declared as president which led to the people power revolution and ousted Marcos on February 25 1986 Continuation of the Republic Freedom Constitution Constitutional Commission 1987 Constitution Republican form of government was revived - There was representation from the people through their various district

Sources of Philippine Law Constitution - Fundamental law of the land - Authority of the highest order which no other authority can prevail Statutes - Supply details which the Constitution must leave unprovided for - Intended to provide rules and regulations which will govern the conduct of people in the face of ever-changing condition Treaties and Conventions - Compact made by two or more independent nation in view of public welfare Judicial decisions - Judicial decisions applying to or interpreting the laws of Constitution shall be part of the legal system - Only decisions of Supreme Court establish jurisprudence and are binding in all courts Customs - Forms part of the Filipino legal heritage - Protect IP's right - Apply custom if there is absence of statute governing the point of the case - Custom must be proved as a fact according to the rules of evidence - Supplementary sources of the law
Filipinos' idea of Law Normative - Guide for Conduct Reflection of morality - Oriented towards the good, dignity and well-being of the human person Duty-oriented - Rather than right-oriented Strongly-oriented towards the Supernatural

1987 Constitution Pro-life Pro-family Pro-people and pro-poor Pro-environment Pro-Filipino Pro-person Pro-democracy
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Subsidiarity

 Pro-democracy Pro-accountability Anti-dictatorship and anti-abuse Structure of Government Republican and democratic Separation of power Presidential type of government Bicameral legislature Independent judiciary Local government system marked by decentralization and autonomy Local autonomy for certain areas subject to the will of the people concerned Constitutional commission Special offices

Justice System and the Legal Profession Justice System - Multi-tiered court system - Special tribunals/ quasi-judicial agencies - Criminal procedure - Procedure for graft cases - Muslim courts and Muslim bar - Trial courts with special jurisdiction - Small claim courts - Barangay justice system - Alternative dispute resolution system Legal Profession - Requirements for Practice - Legal Education - Clinical Legal Education - Bar Reform - Constitutionally-established integrated bar - Mandatory Continuing Legal Education - Proposed Mandatory Legal Aid

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