Intro to Law

July 20, 2015

Defining the Law

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To name is to define- to distinguish one thing from the other

a. Kahulugan- the search for the right fit. Life then becomes a search for meaning
b. An object of a mans search for meaning is law
Law- an ordinance of reason for the common good, made by him who has care of the community and
promulgated
Four Kinds of Laws:

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Eternal Law
Divine Law

3. Natural Law
4. Human Law

Eternal Law- Eternal plan for the world: The government of things by the ruler of the universe
Divine Law- Divine Revelation
Natural law- Rule of reason, promulgated by God in Mans mature, whereby one could discern how she or he
could act
Human law- Particular determinations, devised by human reason, on certain matters-insofar as these partake of
right reason, they are derived from eternal law
a.
b.

Moral law- set of rules which aims to discern what is right and what is wrong
Divine lawi. Divine positive law (10 commandments)
ii. Divine human positive law (commandments of the Church)
Public Law

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Constitutional law- fundamental law o the land which defines the powers of the government
Administrative lawa. Fixes the organization
b. Determines the competence of the administrative authorities
c. Regulates methods which functions of the government are performed
International Law- Regulates the community of nations
Private Law

Private law- Body of rules which creates duties, right and obligations; and the means and methods of setting courts
in motion for the enforcement of a right and redress of wrong
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2.

Substantive Private Law- Declare legal relations of litigants

Procedural or Adjective Private Lawa. Means and methods of setting the courts in motion
b. Making facts known to them
c. Effectuating their judgments
Contrast between Aquinas jurisprudence and Enlightenment Jurisprudence
Eternal Law and Divine Law || Natural law and Human Law

1. Definitions of natural law:

a.
b.
c.

Aristotle- 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
Marcus Tullius Cicero- Law is the highest reason, implanted in nature, which commands what ought to be
done and forbids the opposite
Marcus Tullius Cicero- Right is based not upon mens opinions, but upon nature

2. Natural law- Any consideration of morality are lumped into what the law out to be

3.

a. Has become a canon to determine the validity of any human made law
b. An unjust law is one not ordered for the common good
Legal Positivity- Distinction between what the law is and what the law ought to be

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a. What counts as law in any society is fundamentally a matter of social fact or convention
b. There is no necessary connection between law and morality
Manufacturers Manual- Our understanding must be based on this so that we wont be merely legal
technicians
a. We become lawyers with hearts- that is knowledge and understanding rooted in charity
Overview of the Philippine Legal System
Philippine Legal System is a blend of
a. Customary Usage
b. Roman (Civil Law)
c. Anglo- American (Common Law)
d. Islamic Law (Southern Parts of the Island)
Philippine History
a. Pre-Spanish Period
b. Spanish Regime
c. Philippine Republic of 1898
g. Period of the Republic
d. American Regime
h. Martial Law Period
e. Commonwealth Era
i. Continuation of the republic
f. Japanese Occupation
History of the Philippines

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Pre-Spanish Period
a. Lived in Barangays under native rules
i. Customary and Unwritten rules
ii. Two codes
a. Maragtas Code (issued by Datu Sumakwel, Panay)
b. Penal Code of Kalantiao
b. Customary law dealt with- family relations, inheritance, divorce, usury, partnerships, loans, property
rights, barter and sale, crime and punishment
i. Distinguished principal from accomplice
ii. Distinguished felonies from misdemeanors
iii. Recognized qualifying and mitigating circumstances
iv. Recognized recidivism as an aggravating circumstance
c. Trial by ordeal was practiced in the barangay
Spanish Period
a. Spanish codes and laws were extended to the Philippines by:
i. Expressly- through royal decrees
ii. Implication- issuance of special laws
b. Most prominent of codes: Fuero Juzgo, Fuero Real, Las Siete Partidas, Las Leyes de Toros, Mueva
Recopliaction de Las Leyes de Indias
Philippine Republic 1989
a. Revolutionary congress was convened (September 15, 1898)
b. Malolos Constitution was approved January 20, 1899)
i. Proclaimed popular sovereignty and enumerated the fundamental civil and political rights of
an individual
American Regime
a. Treaty of Paris (December 10, 1898) Cession of the Philippines to the United States
Commonwealth Era
a. Tydings MacDuffie Law- Commonwealth government was to be established
i. Granted rights to Filipinos to formulate own constitution
ii. Voters elected first set of executive and legislative officials: President Manuel Quezon, VP
Sergio Osmea
Japanese Occupation
a. December 8, 1941- 1944- Three year military rule
b. Constitution was drafted by Kapisanan sa Paglilingkod ng Bagong Pilipinas (KALIPABI)
i. Led to the establishment of short-lived Japanese sponsored republic headed by President
Jose P. Laurel
Period of Republic
a. Republic- Government by the people and sovereignty resides in the entire people as a body politic
b. Provisions of 1935 Constitution- provided for the establishment of three co-equal branches of
government
i. Executive power- rests in the President
ii. Legislative power- Two houses of Congress
iii. Judicial power- Supreme court and inferior courts
iv. Separation of powers is recognized

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Martial
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b.
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Law Period
Congress of the Philippines was abolished
Declared September 11, 1972
Governed by 1973 Constitution
i. Executive and legislative power were merged
ii. Chief executive was the Prime Minister (elected by majority of all members of the National
Assembly)
iii. PM power to advise the President
iv. Military tribunals established
d. Amendment No. 3 Powers of the president and the PM were merged into the incumbent President
Ferdinand E. Marcos
e. Amendment No. 6- Authorized Marcos to continue exercising legislative powers until Martial law is in
effect
f. Amendment No. 7- Provided for the barangays as the smallest political subdivision and the
sanggunians or councils
g. 1981 amendment- Modified presidential/ parliamentary system of government of the Philippines.
Marcos was the head of the cabinet and had supervision over all the ministries
h. Proclamation No. 2045 (1981)- lifted Martial law and abolished Military Tribunals
i. June 16, 1981 Marcos was re-elected into office as President
j. Impeachment resolution was filed against Marcos but was dismissed
k. Snap Election was called by Marcos Nov 3, 1985 and was held Feb 7, 1986
l. National Movement for Free Elections (NAMFREL) showed that Corazon Aquino led by over a million
m. However Fedinand E. Marcos and Arturo M. Tolentino won over Corazon Aquino and Salvador Laures
and Pres and VP
n. This event led to the People Power revolution which ousted Marcos on Feb 25, 1986
Republic Revivial
a. Republican form of government was officialy revived when the 1987 constitution was ratified and
congress was convened in 1987
Sources of Philippine Law

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a. Constitution
b. Statutes
c. Treaties and Conventions
d. Judicial Decisions
Constitution- Fundamental law of the land. It is the authority of the highest order against which no other
authority can prevail
Statutes- Intended to supply the details which constitution leaves unprovided for
a. Intended to provide rules and regulations which will govern the conduct of people in the face of
ever-changing conditions
Treaties- Compact made between two or more independent nations
a. Same force of authority as legislative enactments
Judicial Decisions- Judicial decisions applying to or interpreting the laws or the constitution shall form a
part of the legal system of the Philippines
a. Only the decision of its Supreme Court establish jurisprudence and are binding on all other courts
Customary Law- Filipino legal heritage
a. 1987 Constitution provides the state shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions and institutions
What is the Filipinos Idea of Law?

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Normative guide for conduct

Refection of morality
a. Oriented towards the good, dignity and well-being
Duty-oriented rather than right-oriented
Strongly oriented towards the supernatural
a. Divine providence
b. Almighty God in the preamble

1987 Philippine Constitution is:

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Pro-life- bans nuclear weapons, abolished death penalty, protects unborn from moment of conception
Pro-family- marriage is a sacred institution, protects autonomy of the family
Pro-people and pro-poor- Social justice provisions, inclusion of measures of people participation (Party list
system, referendum, recall, peoples organizations)

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Pro-environment
Pro-Filipino- Industries and activities reserved for Filipino nationals, ban against foreign military bases
Pro-person- Bill of rights, commission on human rights
Pro-democracy- right of suffrage, establishment of the COMELEC
Pro-accountability- specific provisions for accountability of public officers (office of ombudsman, commission
on audit)
Anti-dictatorship and anti-abuse- limitations on the imposition of martial law
Structure of Government

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Republican and democratic- sovereignty resides in the people and all governmental authority emanates
from them
Separation of powers/check and balance- 3 brances of government
a. Legislative
b. Executive
c. Judiciary
Presidential type of government
a. No fusion between executive and legislature
Bicameral legislature
a. Senate (elected nationally)
b. House of representatives (elected on a per district basis _ party-list representatives elected
nationally by sectors and supporters)
Independent Judiciary
a. Last bulwark of democracy
b. Extra ordinary certiorari jurisdiction
c. SC alone can promulgate rules of pleading and practice
Local Government system- decentralization and autonomy
Local autonomy for certain areas (ARMM)
Constitutional Commissions- COMELEC, COA, Civil service commission
Special offices- Ombudsman, CHR
The Justice System and the Legal Profession

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Multi-tiered court system

a. Municipal Trial Courts/ Municipal Circuit Trial Courts/ Metropolitan Trial Courts
b. Reginal Trial Courts
c. Court of Appeals
d. Supreme Court
Special Tribunals/Quasi-Judicial Agencies
a. Court of Tax Appeals
b. National Labor Relations Commission
Criminal Procedure
a. Local Prosecutors office/Department of Justice
b. MTCs or MTCCs, RTCs, CA, SC
Procedure for Graft Cases- Ombudsman, Sandiganbayan, SC
Muslim courts and Muslim Bar
Trial Courts with Special Jurisdiction
a. RTCs as commercial
b. Family Courts
c. Courts for heinous Crimes
d. MTCs handling criminal negligence and bouncing check cases
Small Claims Court
Barangay Justice System
Alternative Dispute Resolution (ADR)
Requirements for practice- Supreme court
Legal Education
a. Rules of court
b. Legal Education Reform Act
c. Essentially post-graduate- Juris Doctor or Bachelor of Laws
Clinical Legal Education (CLED)- integrated into the law school curriculum
Bar Reform
Constitutionally-established integrated bar (IBP)- development and discipline
Mandatory Continuing Legal Education (MCLE)
Law and Morality

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Four different Elements of Morality

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Moral rules
i. Obligate us to act in certain ways: To keep our promises
ii. Concern the way we are to act but not the motives behind the act
b. Above and Beyond
i. Those individuals who go ahead despite the sacrifice or risk have acted in an especially
praiseworthy way
c. Motives
i. Acting from altruism merits moral esteem while acting from self-interest does not
d. Qualities of Character
i. Qualities of character that help a person act in ways which that are obligatory or praise
worthy
ii. These qualities are called virtuous- courage, temperance, perseverance
The first part of morality can be legislated- rules on murder and rape show that some of moralitys rules of
obligation can and should be translated into law
a. The rebuttal: Conduct that is praiseworthy and requires sacrifice- unfair to legislate and require
The law influences action mainly by making it in a persons interest to act in a certain way. Law uses our
natural self-interest as a lever to affect our conduct
Moral rules that impose obligation on us- Natural Law
a. Natural law- consisting of rules that can be known by our natural powers of reasoning
b. Positive law- any system of laws created by humans and enforced within a given territory
Natural Law Theory- They believe that a necessary connection does exist between positive law and morality
Legal Positivism- They deny any and such necessary connections between law and morality
Judgment at Nuremberg

Background: Nuregmberg Trial was conducted by the victorious Allied Powers (US, Great Britian, France, and Soviet
Union). Put on trial were high-ranking officials in the Nazi Party and government, as well as German Military leaders.
The men were charged with crimes against peace. Three of the defendants were acquitted on all charges, the
remainder were each convicted on at least one charge. Eleven received the death sentence while the remainder of
the guilty received prison sentence.
Criticisms of the Trial:
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2.

Any trial should follow the rule of law but Nuremberg proceedings violated it.
a. No valid legal rules at the time defendants actions were considered crimes against humanityprinciple of no crime without a law was violated
b. Nuremberg Charter outlawed crimes against humanity after the alleged crimes- principle against
the retroactive application of law
c. Right to defend themselves before an impartial body- judges came from the very countries against
whom Nazi Germany had just fought a terribly destructive war
d. Allied forces were guilty of acts as well that could be seen as war crimes trial did not administer
legal justice but rather victors justice
Law consists of the commands of a sovereign state and that the only applicable to the German defendants
were the commands of the German sovereign, Adolf Hitler
a. Sovereign dictates what is legal and illegal

Justifying the Trial

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Sovereign states were not above the law but were obligated by international law
a. International law refrain from aggression, genocite etc

Assessing the Trial:

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Mild stretch to argue that the tribunal of judges was truly impartial one
There was simply no international agreement that outlawed crimes against humanity
Some defenders of the trial concede that it had serious imperfections from the perspective of legality but
argue that the trial did a better job of promoting the rule of law over the long run
Critics state that only a law can make an act a crime. Law derives from the power of the sovereign, not from
the sovereigns moral virtue (Legal positivism- no necessary connection between law and morality)
Trial and conviction of the defendants obscured the true nature of law and crime
Natural Law Theory- Overview

Natural Law claims that a necessary connection exists between positive law and morality. The precise nature of the
connection will be examined in 3 versions
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Traditional Version/First version: Rules of positive law that conflict with principles of natural law are invalid.

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3.

a. Null and void and do not impose obligations on anyone

b. St. Thomas Aquinas
Second Version: There are certain moral principles that are applicable specifically to law and that any
genuine system of law must generally respect those principles
a. Lon Fuller- The principles amount to an inner morality of law
Interpretative/Third Version: Positive law cannot be properly interpreted and applied without the
introduction of moral judgments
a. Ronald Dworkin

Traditional Natural Law Theory: Background

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The idea that there are universal principles of right and wrong that can be discovered by human reason goes
back to the days of ancient Greece. Rules of positive law were subject to evaluation on the basis of the
principles of natural law.
St. Augustine- the law that is not just is not a law
Natural law should be used to evaluate positive laws as good or bad- Even when positive laws are inconsistent
with natural law, they can still be legally valid
Natrual law should be used to declare positive laws as legally valid or invalid- Can legally null and void. No
more than you can impose a robbers threat to his victim, your money or your life
St. Thomas Aquinas- most important proponent of traditional natural law history
6. Willam Blackstone- Advocated traditional natural law theory
7. Gustav Radbruch- There can be laws that are so unjust, so socially detrimental that their very character as
laws must be denied
Aquinas Theory of law: Law and the Good

The entire system is under the direction and authority of the supreme lawgiver and judge, God. Human law
occupies the lower tier of this system. Above it are eternal law, natural law and divine law.
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2.

Eternal law
a. God implanted in things in order to enable each thing to perform its proper function in the overall
order of the universe
b. The good consists of performing its function, the bad consists of failing to perform it
Natural law- Principles of eternal law specific to human beings. Principles which are knowable by our natural
powers of reason

For Aquinas, humans will not reach the ultimate good simply by follpwing natural law. Natural law merely helps us
reach the good that is achievable in this world but beyond that there is eternal salvation.
For Aquinas, human law/natural law is framed by the head of political community for the common good. In some
cases some rules are logically deducted from principles of natural law. In other cases, rules o positive law make
more concrete and specific the vague provisions found in the natural law principles (Criminal laws specify range of
punishments for each crime while natural law only says that criminal punishment should be proportional).
If at any point it deflects from the law of nature, it is no longer a law but a perversion of law. Unjust rules are
without legal authority, acts of violence rather than laws
Counterfeit money are similar to unjust laws. Unscrupulous ruler hopes to fool people into going along with the rule
without protest. But the claim does not make the rule legally valid, only appear to be valid. It is passed off as
something that it really isnt.
Aquinas reasons for accepting Augustines thesis- The purpose of human law is to promote the common good of
the members of the political community. The common good is not promoted by rules that go contrary to natural law
Assessing Aquinas
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2.

Aquinas key claim is the purpose of human law is to promote common good of the community. He is
confident of the claim because he is confident that
a. God exists
b. God as ordained that those in charge of political communities frame laws serving the common good
c. Natural reasoning powers of humans lead all reasonable persons to agree on the basic principles
that determine good and bad, right and wrong
Critics would argue
a. There is no god
b. Even if there is, his existence is not something we can know

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e.

Even if he exists, we cannot know what God intends those in charge of political communities to do
Reasonable people can disagree over fundamental principles of human good and obligation
If God is expelled, the only purposes we can attribute to the positive law are human purposes, not
divine ones.

Even if we accept humans are always trying to promote justice when enacting laws, it does not follow that unjust
rules cannot be genuine laws.
Fuller and Fidelity to Law: The Inner Morality of Law