Professional Documents
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CLASSIFICATION OF LAW
a. Definition of Law
2. Positive Law a) Divine Law
A.) In its GENERIC sense (Divine Positive Law and Divine
Human Positive Law)
“Law is defines as the science of moral laws based on the
rational nature of man, governing his free activity for the b) Public Law
realization of his individual and social ends, demandable
i. Constitutional Law - the
and reciprocal.”
fundamental law of the land
which defines the powers of the
“Law means any rule of action or norm of conduct government
applicable to all kinds of action and to all objects of
creation. In includes all laws, whether they refer to state ii. Administrative Law - that
law, physical law, divine law, and others.” law which fixes the organization
and determines the competence
“Law is a system of principles and rules of human of the administrative authorities
conduct, being the aggregate of those commandments and and which regulates the methods
principles which are either prescribed or recognized by by which the functions of the
the governing power in an organized jural society as its government are performed
will in relation to the conduct of the members of such
iii. International Law - body of
society, and which it undertakes to maintain and sanction rules which regulates the
and to use as the criteria of the actions of such members.” community of nations
B.) In its STRICT sense iv. Private Law - body of rules
which creates duties, rights and
Law is a rule of conduct, just and obligatory, laid obligations, and the means and
down by legitimate authority for common observance methods of setting courts in
and benefit. (Sanchez Roman, 23)
motion for the enforcement of a
right or a redress of wrong.
Law is an ordinance of reason promulgated by
KINDS OF PRIVATE LAW
competent authority for the sake of common good. (St.
Thomas Aquinas)
• Substantive Private Law -
those rile which declare legal
- It must be REASONABLE or based in relations of litigants when the
REASON and not merely in the will of legislator. It is for courts have been properly
COMMON GOOD because the end of the LAW is the moved to action upon facts duly
good of the community. It binds and not merely the good presented to them.
of the lawmaker or a special interest group.
• Procedural or Adjective
Private Law - refers to the
CLASSIFICATION OF LAW means and methods of setting
the courts in motion, making the
1. Natural Law a) Physical Law - facts known to them and
universal rule of action effectuating their judgments.
that governs the conduct
and movement of things
which are non-free
material
b) Moral Law - 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.
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c. There must be a number of repeated acts and
these repeated acts must have been uniformly performed.
SOURCES OF LAW d. There must be a judicial intention to make a
rule of social conduct.
1. Legislation e. A custom must be acknowledged and approved
by society through long and uninterrupted usage.
2. Precedent
4. COURT DECISION - judicial decisions which apply
3. Custom or interpret the Constitution and the laws are part of the
4. Court Decision legal system in the Philippines but they are not laws.
They are evidence of the meaning and interpretations of
the laws.
1. LEGISLATION - a law passed by a legislative body
(Congress); specifically, legislation enacted by any
lawmaking body. It applies to all persons within the HIERARCHY OF LAW
jurisdiction of the legislative body acting on them.
Constitution
Upon the imposition of Martial Law and after the Statutes
dissolution of Old Congress, the power to legislate law is
vested in the President of the Philippines. This is the Implementing Rules and Regulations (IRRs)
reason why the President issued presidential decrees and
letter of instruction. When Batasang Pambansa was Jurisprudence
organized, legislative power is principally vested in this
body although the President, under and by virtue of 1. CONSTITUTION - the Supreme Law of the land;
Amendment No. 6. basic paramount to which all other laws must conform
and to which all the persons, including the highest
Amendment No. 6 - the president may continue officials of the land must defer.
to issue decrees when the exigency of the situation
requires and in case of other emergency. - It is created by the sovereign people through the
ratification process; it defines the power of the entities
Today, only the Congress (the House of the and the limits of that power
Representative and the Senate) can legislate laws under
the operating doctrine of separation of powers. 2. STATUTE - a written law passed by a legislative body
usually by the Congress.
2. PRECEDENT - rule or principles enunciated by a
court of competent jurisdiction on a question of law do 3. IMPLEMENTING RULES AND REGULATIONS
not only serve as guides but also as authority to be (IRRs) - written by agencies in the Executive branch to
followed b all other courts of equal or inferior jurisdiction put a statute into force.
in all cases involving the same question until the same is
overruled or reversed by a superior court. • In administrative law, rule-making is the process that
executive and independent agencies use to treat or
3. CUSTOM - the practices and usages of district promulgate regulations.
community have the force pf law only when they are
acknowledged and approved by society through long and 4. JURISPRUDENCE - from the Latin term
uninterrupted usage. jurisprudentia, meaning the study, knowledge of science
of law.
In the Philippines, there are several requisites
before the court considers custom. They are as follows: - It includes doctrines formulated by the decisions
of the Supreme Court that amplify and supplement the
a. A custom must be proved as a fact according written law.
yo the rules of evidence (Art. 12, NCC)
b. The custom must not be contrary to law. (Art.
11, NCC).
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b. Elements of Law (Characteristics) - In case of doubt, the judge should presume that
“the lawmaking body intended right and justice to
A.) RULE OF CONDUCT
prevail.”
- Laws serves as guides of an individual in relation to his - Art. 10 is necessary so that it may tip the scales
fellowmen and to his community
in favor or right and justice when the law is doubtful or
obscure.
1. Art. 5 (1), Revised Penal Code in
relation to nullum crimen nulla poena sine 2. Art. 5 (2), Revised Penal Code and R.A.
lege
9344 in relation to dura lex sed lex
Nullum crimen nulla poena sine lege – there is no Dura lex, sed lex – The law is harsh but it is the law.
crime of there is no law that punishes the act.
ART. 15, NCC. Laws relating to family rights and ART. 14, NCC. Penal laws and those of public
duties or to the status , condition and legal capacity of security and safety shall be obligatory upon all who
persons are binding upon citizens of the Philippines, live or sojourn in Philippine territory, subject to the
even though living abroad. principles of public international law and to treaty
stipulations.
- Art. 15 refers to:
- Philippines adheres to criminal law doctrine of Theory
a. Family rights and duties (including parental authority, of Territoriality. Any offense committed within our
marital authority, support);
territory offends the State.
b. Status;
c. Condition;
d. Legal Capacity
ART. 2, RPC. Application of its provisions. — Except
as provided in the treaties and laws of preferential
- Art. 15 stresses the principle of nationality.
application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and
ART. 1156, NCC. An obligation is a juridical
maritime zone, but also outside of its jurisdiction,
necessity to give, to do or not to do.
against those who:
1. Should commit an offense while on a
Philippine ship or airship
2. Should forge or counterfeit any coin or
ART. 1157, NCC. Obligations arise from:
currency note of the Philippine Islands or obligations
and securities issued by the Government of the
(1) Law;
Philippine Islands.
(2) Contracts;
3. Should be liable for acts connected with the
(3) Quasi-contracts;
(4) Acts or commissions punished by law; and introduction into these islands of the obligations and
securities mentioned in the presiding number;
(5) Quasi-delicts
4. While being public officers or employees,
should commit an offense in the exercise of their
- Law (obligations ex lege) - like the duty to pay taxes functions; or
and to support one’s family.
5. Should commit any of the crimes against
national security and the law of nations, defined in
ART. 1158, NCC. Obligations derived from law are Title One of Book Two of this Code.
not presumed. Only those expressly determined in this
Code or in special laws are demandable, and shall be
regulated by the precepts of the law which establishes - It should be noted that in instaces when the offense is
them; and as to what has not been foreseen, by the committed within Philippine maritime zone on board
provisions of this Book. (1090)
foreign ships, there are two (2) theories with regard to
jurisdiction as follows:
- The law says “obligations derived from law are not
presumed.” This merely means that the obligation must 1. French Rule - Underscoring the principle of
be clearly (expressly or impliedly) set forth in the law. nationality, this rule provides that if the crime is
committed on board a foreign vessel in the Philippine
waters, it should not be prosecuted in our courts.
Except when the offense affects the peace, security,
and safety of the country.
French Rule recognizes flag or nationality of vessel.
The country of registry will have jurisdiction but
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when the crime violated the peace and order of the
ART. VI, SEC. 32. The Congress shall, as early as
host country (such as drug-trafficking), the host
possible, provide a system of initiative and
country will have jurisdiction.
referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or
2. English Rule - English Rule provides that if the approve or reject any act or law or part thereof
crime is committed on board a foreign vessel in the passed by the Congress or local legislative body after
Philippine waters, the case is within the jurisdiction
the registration of a petition therefor signed by at
of our courts. Except when it merely affects the
least ten per centum of the total number of registered
internal discipline and management of the vessel.
voters of which evert legislative district must be
represented by at least three per centum of the
It strictly adheres to the territoriality principle or situs registered voters thereof.
of the crime. Th country of registry will have
jurisdiction only where the crime relates to internal
management of the vessel.
purpose independently of Congress or of a local
legislative body.
It should be noted that the English Rule is applied in
Philippine jurisdiction. Article 2 as aforesaid is an Referendum - It is the process by which any act or law or
exception to the Territoriality Principle in criminal part thereof passed by the Congress or by local legislative
law. body is submitted to the people for their approval or
disapproval.
D. LAID DONWN BY LEGITIMATE AUTHORITY
2. Preamble with Art. II, Sec. 1; Art. XVII,
Sec. 4; Art. XVIII, Sec. 27, 1987 Constitution
- If laws are not prescribed by legitimate authority, the
people could nit be expected to observe them. Authority Preamble: We, the sovereign Filipino people, imploring
coo make laws is conferred upon those duly chose by the the aid of Almighty God, in order to build a just and
sovereign will of the people. humane society and establish a Government that shall
embody our ideals and aspirations, promote the common
1. Art. VI (Sec. 1 with Sec. 32, 1987 good, conserve and develop our patrimony, and secure to
Constitution Amendment No. 6) ourselves and our posterity the blessings of independence
and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do
ART. VI, SEC. 1. The legislative power shall be ordain and promulgate this Constitution.
vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, Preamble - Derived from Latin preambulare which
except to the extent reserved to the People by the means “to walk before.” It is an introduction to the main
provision of initiative and referendum. subject. It is the prologue of the Constitution.
Need for ratification – In order that the amendment or Administrative or executive acts, orders and regulations
revision proposed by Congress or by a constitutional shall be valid only when they are not contrary to the laws
convention or by the people through initiative may be or the Constitution. (5a)
valid as part of the Constitution, the same must be ratified
by a majority of the votes cast in a plebiscite call for the ART. 11, NCC. Customs which are contrary to law,
purpose public order or public policy shall not be countenanced.
(n)
Holding of plebiscite – The plebiscite must be held not
earlier than 60 days nor later than 90 days after the Custom - a rule if human action (conduct) established by
approval of such amendment or revision or certification repeated acts, and uniformly observed or practiced as a
of the Commission on Elections of the sufficiency of the rule of society, through the implicit approval of the
petition, as the case may be.
lawmakers, and which is, therefore, generally obligatory
and legally binding.
The minimum period of 60 days is deemed adequate to
provide the voters sufficient information and time for ART. 12, NCC. A custom must be proved as a fact,
intelligent consideration or study of the proposed change according to the rules of evidence. (n)
or revision. The constituent body may fix the date within
the period prescribed when the people may act. The time Requisites before the Courts can Consider Customs:
limit of 90 days prevents undue delay in the holding of
the plebiscite. The limit of 90 days prevents undue delay 1. A custom must be proved as a fact, according to the
in the holding of the plebiscite. rules of evidence; otherwise, the custom cannot be
considered as a source of right.
ART. XVIII, SEC. 27. This Constitution shall take effect
immediately upon its ratification by a majority of the
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2. The custom must not be contrary to law (contra
legem), public order, or public policy.
ART. II, SEC. 9. The State shall promote a just and
dynamic social order that will ensure the prosperity and
3. There must be a number of repeated acts.
independence of the nation and free the people from
poverty through policies that provide adequate social
4. The repeated acts must have been uniformly services, promote full employment, a rising standard of
performed.
living, and an improved quality of life for all.
5. There must be a juridical intention (convictio juris - The State shall promote a just and dynamic social order.
seu necessitatis) to make the rule of social conduct, This is accomplished through policies that provide
i.e., there must be a conviction in the community that adequate social services, promote full employment, a
is the proper way of acting, and that, therefore, a rising standard of living, and an improved quality of life.
person who disregards the custom in fact also
disregards the law.
- Th Preamble calls for the establishment of a “just and
humane society” and a government that shall “promote
6. There must be sufficient lapse of time. the common good.” Such a society must insure the
prosperity and independence of the nation and free the
E. FOR THE COMMON OBSERVANCE AND BENEFIT underprivileged and the marginalized sectors of our
population from poverty.
- This recognize the Latin maxim of “Salus Populi Est
Suprema Lex” – the welfare of the people shall be the ART. II, SEC. 11. The State values the dignity of every
supreme law. Laws should be applied not only to a human person and guarantees full respect for human
particular group of citizens, they are supposed to be rights.
applied equally to all citizens regardless of their religion,
political persuasion, and status in life.
- A human person is a being and not a thing. He is entitled
to respect, not because he is right or wrong but because
1. Preamble, with Art. II Sec. 5, 9, 11, 12, he is human. The value accorded to human dignity is
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, & 26, 1987 measured by the extent of respect for human rights,
Constitution principally the rights to life, liberty and property. A
person’s humanity is never more debased than when these
Preamble: We, the sovereign Filipino people, imploring rights are violated, one way or another, with impunity.
the aid of Almighty God, in order to build a just and
humane society and establish a Government that shall ART. II, SEC. 12. The State recognizes the sanctity of
embody our ideals and aspirations, promote the common family life and shall protect and strengthen the family as a
good, conserve and develop our patrimony, and secure to basic autonomous social institution. It shall equally
ourselves and our posterity the blessings of independence protect the life of the mother and the life of the unborn
and democracy under the rule of law and a regime of from conception. The natural and primary right and duty
truth, justice, freedom, love, equality, and peace, do of parents in the rearing of the youth for civic efficiency
ordain and promulgate this Constitution. and the development of moral character shall receive the
support of the Government.
ART. II, SEC. 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of - The above declaration not only has given constitutional
the general welfare are essential for the enjoyment by all basis to the family as a basic autonomous social
the people of the blessings of democracy. institution. In addition, it mandates the State to recognize
the sacredness of family life and to strengthen family.
- The State shall pursue maintenance of peace and order,
the protection of life, liberty and property, and the - The government may nit enact any law or initiate
promotion of the general welfare of the common good.
measures that would break up or weaken the family as a
social unit, o in the guise of protecting the family,
- Only when peace and order, security, and a life of interfere in purely family matters which do not involved
dignity are established and maintained, will political the social order or any public policy.
stability and economic prosperity become attainable and
the people truly enjoy the blessings of independence and
democracy.
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ART. II, SEC. 13. The State recognizes the vital role of
the youth in nation-building and shall promote and ART. II, SEC. 21. The State shall promote comprehensive
protect their physical, moral, spiritual, intellectual, and rural development and agrarian reform.
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their ART. II, SEC. 22. The State recognizes and promotes the
involvement in public and civic affairs. rights of indigenous cultural communities within the
framework of national unity and development.
ART. II, SEC. 14. The State recognizes the role of women
in nation-building, and shall ensure the fundamental Indigenous cultural communities - refers to those non-
equality before the law of women and men. dominant groups in our country which possess and wish
to preserve ethnic, religious, or linguistic traditions or
- In economic life, for instance, the State must promote characteristics markedly different from the rest of the
and uphold the equality of men and women in population.
employment, terms of employment, opportunities for
promotion, the practice of profession, the acquisition, the - Sec. 22 recognizes constitutionally the existence and the
control, and disposition of their property, pursuit of rights of the indigenous cultural communities. They are
business, etc. In certain situations, they are entitle to entitle to the full enjoyment, both as a group and
special protection from the State. individuals, of all the human rights recognized in the
Constitution.
ART. II, SEC. 15. The State shall protect and promote the
right to health of the people and instill health ART. II, SEC. 23. The State shall encourage non-
consciousness among them. governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
- The State has obligation to promote and protect the right
of the people to health. To better fulfill this duty, it must ART. II, SEC. 26. The State shall guarantee equal access
instill health consciousness among the people. to opportunities for public service, and prohibit political
dynasties as may be defined by law.
ART. II, SEC. 16. The State shall protect and advance the
right of the people to a balanced and healthful ecology in 2. Art. III, Secs. 5, 11 & 16
accord with the rhythm and harmony of nature.
ART. III, SEC. 5. No law shall be made respecting an
ART. II, SEC. 17. The State shall give priority to establishment of religion, or prohibiting the free exercise
education, science and technology, arts, culture, and thereof. The free exercise and enjoyment of religious
sports to foster patriotism and nationalism, accelerate profession and worship, without discrimination or
social progress, and promote total human liberation and preference, shall forever be allowed. No religious test
development. shall be required for the exercise of civil or political
rights.
ART. II, SEC. 18. The State affirms labor as a primary
social economic force. It shall protect the rights of Aspects of religious freedom:
workers and promote their welfare.
1. The separation of Church and State secured in the
ART. II, SEC. 19. The State shall develop a self-reliant first sentence of the provision (Art. II, Sec, 6: the
and independent national economy effectively controlled separation of Church and State shall be inviolable);
by Filipinos. and
- Sec. 19 states that the constitutional guidelines in the 2. The freedom of religious profession and worship, in
development of the economy: economic self-reliance, the second sentence of the provision.
independent national economy, and effective Filipino
control of the economy. ART. III, SEC. 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be
ART. II, SEC. 2o. The State recognizes the indispensable denied to any person by reason of poverty.
role of the private sector, encourages private enterprise,
and provides incentives to needed investments.
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ART. III, SEC. 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.