Law: Rules, Definitions, and Purpose

• Ignorance of the law does not excuse anyone from compliance.

Rules vs. Laws

• Laws are the legal versions of rules enforced by government.
• Rules are set by individuals, while laws are set by the government.
• Laws must undergo specific processes to become law.
• Rules are more flexible with lighter consequences, while laws are inflexible with stiff penalties like imprisonment or death.
• Rules are preparatory for living in accordance with laws, but laws keep order in society.

Definition of "Law"

• Refers to rules established by a State instrumentality (usually Congress) that directs, prohibits, imposes rights/duties, or modifies laws.
• Sanchez Roman describes law as a just, obligatory rule of conduct promulgated by competent authority for the common good.
• An alternative definition describes law as a body of rules prescribed by controlling authority with binding legal force, obeyed by citizens under sanction.

Purpose of Law

• Establishes standards for minimally acceptable behavior in society.
• Maintains order by ensuring consistency with society's guidelines.
• Resolves disputes through the court system.
• Protects liberties and rights from violations by individuals, organizations, or governments.

Functions of Law

• Defends from evil by preventing harm.
• Promotes the common good in situations where self-interest could lead to negative outcomes for all.
• Resolves disputes over limited resources.
• Encourages people to do the right thing through discipline, appreciated as morally sound behavior.

Characteristics of Law

• A rule of human conduct.
• Promulgated by a competent authority.
• Obligatory.
• Generally observed.

General Divisions of Law

• Divine law, where God is the legislator.
• Human law, is promulgated by humans to regulate human relations.
• Human law divided into general/public law and individual/private law.

General or Public Law

• International law governs relations between nations.
• Constitutional law governs the relations between citizens and the governing power.
• Administrative law governs the relations between officials and government employees.
• Criminal law guarantees the enforcement of law.
• Religious law regulates religious practice.

Individual or Private Law

• Civil law regulates individual relations for private ends.
• Mercantile law regulates special relations produced by commercial activity.
• Procedural law provides the means for enforcing private rights.
• A code is a collection of laws of the same kind.

Sources of Educational Laws

• The Constitution serves as the fundamental legal basis.
• Statutes are laws passed by a legislature.
• Ordinances are legislative acts of local government bodies.
• Resolutions are formal expressions of sentiments by an organization.
• Supreme Court decisions act as jurisprudence and part of the law of the land.
• Opinions from the Secretary of Justice are given weight unless nullified by the Supreme Court.
• Service Manuals are regulatory documents issued by the education department with legal authority.
• Manual of Regulations for Private Schools provides regulations for the conduct of private schools.
• DepEd Orders are issuances on policies and guidelines generally permanent in nature.
• DepEd Memoranda are temporary issuances containing certain announcements and information.
• Circulars are departmental head-issued documents deal with permanent manners which have the force and effect of law.
• Bulletins are informational in nature and disseminate information, such as a result of a certain educational experiment.

Law Designation

• Acts are laws passed by the Philippine Commission and Legislature.
• Commonwealth Acts are statutory enactments during the Commonwealth period (1935-1945).
• Republic Acts are pieces of legislation to create policy, from the Philippine Congress.
• Presidential Decrees were enacted by President Ferdinand Marcos during martial law.
• Batas Pambansa were passed by the Batasang Pambansa after martial law was lifted.
• Executive Orders are acts of the President for rules of a general/permanent nature.
• Administrative Orders are acts of the President related to governmental operations.
• Proclamations are acts of the President fixing a date/declaring a status of public interest.
• Memorandum Circulars are acts of the President regarding internal administration matters.
• Special Orders are acts/commands of the President as Commander-in-Chief.

Philippine Constitution

• Foundation of the Philippine system of government.
• In broad terms, it refers to the body of rules and principles.
• Powers of sovereignty are regularly exercised.
• Etymology: From the Latin "Constituo" meaning "fixed", "established", or "settled".

Constitution Meaning

• A written instrument that establishes, limits, and defines the powers of government.
• Powers distributed for the benefit of the body politic.

Why study the Constitution?

• The Philippines is a democratic and republican State.
• Sovereignty resides in the people, and all government authority emanates from them.
• All educational institutions should include the study of the Constitution as part of the curricula.

Nature and Purposes of Constitution

• Serves as the supreme/fundamental law binding to all citizens and governmental bodies.
• Establishes the basic framework of government.
• Prescribes the system of government.
• Assigns powers and duties to different departments.
• Establishes principles on which the government is founded.
• Designed to preserve/protect citizen rights against the Powers of the State.

Constitution Classification

• Conventional/enacted constitution is enacted by a constituent assembly.
• Cumulative/evolved constitution is historically derived from customs and traditions.
• Written constitutions are given definite form.
• Unwritten constitutions are a product of political evolution.
• Rigid/inelastic constitutions can only be amended through a special process.
• Flexible/elastic constitutions can be altered like ordinary laws.
• The 1987 Philippine Constitution is a conventional/enacted, written, and rigid/inelastic constitution.

Pros/Cons of a Written Constitution

• Clear and definite compared to an unwritten one.
• Rights of citizens are more secured.
• Its disadvantage lies in the difficulty of its amendment.
• This prevents immediate reforms.
• May thereby retard the healthy growth and progress of the State.

Constitution Requisites

• BRIEF: lose the advantage of a fundamental law. It would never be understood by the public.
• BROAD: comprehensive as possible on the powers of government.
• DEFINITE: because application to concrete situations may prove difficult if not impossible.

Philippine Constitution History

• 1897: Biak-na-Bato Constitution outlined revolutionary independence objectives.
• Malolos Constitution (1899-1901): set up branches and became the first Philippine Republic.
• 1934: Tydings-Mcduffie Act was the first constitution to be fully enforced during the Commonwealth Period.
• 1943: Constitution was sponsored by Japanese invaders.
• 1973: Constitution was approved after the imposition of martial law..
• 1987: Constitution was promulgated by the new government led by President Aquino.

The 1935 Constitution

• Established the Commonwealth Government.
• Provided a Democratic and Republican government.
• Inclusion of the Bill of Rights

The 1973 Constitution

• Establishment of a modified parliamentary government.
• Suspension of the Bill of Rights.
• Has given greater power to the Executive Department.

The 1987 Constitution

• Reinstitution of a Democratic Government.
• Separation of Church and State.
• Sovereignty of the people.
• Renunciation of war as a national policy.
• Supremacy of Civilian authority over the military.
• Separation of Powers

Principles of the 1987 Constitution

• Recognition of the Aid of Almighty God.
• Sovereignty of the people.
• Renunciation of war.
• Supremacy of civilian authority over the military.
• Separation of church and State.
• Recognition of the family as a basic social institution.
• Guarantee of Human rights.
• Government through suffrage.
• Separation of Powers.
• Independence of the Judiciary.
• Guarantee of local Autonomy.
• High Sense of public service morality.
• Nationalization of natural resources.
• Non-suability of the State.
• Rule of the Majority.
• Government of laws and not of men.

Constitution vs. Statute

• Constitution - Legislation from the people.
• Includes the mere general framework of the law.
• Intended not only to meet an existing condition but also to govern the future.
• Supreme/fundamental law of the land.

Statute

• Consists of legalizations directly from the people.
• Provides the details of being treated.
• It is intended to meet an existing condition only.
• Must conform to the Constitution of, and of the state.

Preamble

• Introduction to the main subject.

Value of Preamble

• Sets down the origin and purposes of the constitution.
• May serve as an aid in its interpretation.
• The preamble has no legal implications.

Constitutional Law

• Branch of law dealing with the nature of constitutions.
• Embodied in the Constitution.
• Principles from court interpretation.

National Territory

• Consists of territory and water.
• Other territories claimed by the country.
• Other marine areas and waters.

Art. 1 covers:

• Lands ceded to the U.S. in the Treaty of Paris, 1898.
• Territory defined in the U.S. treaty with Spain.
• Territory defined in the U.S. treaty with Great Britain .
• Islands described in general statement of the 1935 Constitution.

Elements of a State

• People.
• Government.
• Territory.
• Sovereignty.

State Immunity

• The State may not be sued without its consent

Principles

• The Philippines is a democratic and republican State.
• Sovereignty resides in the people and all government authority emanates from them.
• The Philippines renounces war as an instrument of national policy.
• Civilian authority is at all times, supreme over the military.

Policies

• Pursuit of independent foreign policy with paramount consideration on national sovereignty.
• Freedom from nuclear weapons.
• Promotion of a just/dynamic social order to free people from poverty.
• Promote SOCIAL JUSTICE.
• State recognition the sanctity of family life.
• State recognition the vital role of the youth in nation-building .
• The state recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.
• Balance/healthful ecology.
• Rural development and Agrarian Reform.

Legislature

• Legislative power lies in the Congress, including the senate & house.
• Powers are reserved to the people by initiative and referendum.

Non-Legislative Powers

• Canvass of presidential elections.
• Declaration of war.
• Confirmation of amnesties.
• Presidential appointments and impeachment.

The Senate

• Composed of 24 Senators.
• Elected at large.

Qualifications

• Natural-born citizen.
• Must be 35 years old.
• Able to read and write.
• A registered voter
• Must be a resident of the Philippines for a specified amount of time

Tenure

• Term of Office: six years.
• Maximum term: Twelve years.

Congress

• Known as the House of Representatives ,with 250 members.
• Elected per districts and the number of their inhabitants, by voter's in a particular place.
• A speaker is elected by a vote of all the congressmen

House of Representatives Makeup

• Typically contains 13 Regions.
• Has around 200 Districts
• Party-list Representatives shall constitute 20%.

Qualification

• Citizen of the Philippines.
• At least 25 years or older.
• Read and write competently.
• Has a registered vote
• A resident for at least a year.
• Term of Office three years. -Maximum serve terms are three consecutive terms.

Parliamentary Immunities

• Privilege from arrest,immunity does not protect from civil/criminal punishment.
• Privilege of special debate speech/debate, must be made during session functioning.

Legislative Power

• Framing and enactments,done through Bills, once voted.

Procedure in making a BILL

• Origin of Bills occurs in the House of Representative.
• Bill Types: Appropriation bills, Revenue bills, Bill increasing public debt, Bills to establish certain localities, and Private bills.

Prohibited Measures

• Impair the doctrine of separation of powers.
• Appointment of elective officials.
• Enactment of ex post facto laws.
• Bill of attainder.
• Laws impairing the OB and Contracts.
• A law to benefit high status, Royalty, or Nobility.

Approval of Bills

• The bills become finalized when they have the President’s approval.
• Unless vetoed, overridden by another vote, or never acknowledged after the allotted months.

Investigative Tactics

• Allowed under certain circumstances to ensure procedures are followed fairly.

The Executive Department

• Implemented by an established President.
• Is responsible for approving administering all current rules policies.

Qualifications

• Natural born citizen.
• Registered voter.
• Able to read and write.
• At least 40 years of age.
• Resident in the country for 10 years

Term

• Each office of VP,and President shall serve each six years terms
• These terms shall begin from noon onto the 30th of June.
• A President can no longer become elected after serving terms longer than 4 years.

Succession

• This can occur due to a President's Death, Removal, or any permanent disabilities that stop them from serving.

President's Powers (Appointment)

• Selection of certain qualified individuals fit best for a variety of appointed offices.

Power of Presidents Appointments

• Heads of executive government and Departments, military from the level of office and army's most experience,as well as any figure of power listed.
• All figures enlisted not through normal process/procedure may not be legally eligible to enlist in any positions of office.

Power of Presidents (Removal)

• Presidents bear certain power that dictates both allowance and prohibition over other appointed members.
• This can affect positions found in any type official positions.
• Although may be contested, it lies to the authority of the Courts.

Power to Control

• Higher officials contain the power to overrule lower powers performance to a office.

The State - Military

• President, also dubbed the chief in command, is in fact at certain times a more powerful influence than even government itself.
• The President bears the greatest power.

Military-General

• The supreme title over powers during the times the Armed Forces
• Has the ability to command all forces, or to even suspend several privileges.

Corpus and Martial Law

• President may in certain cases fully give full force, with restrictions, with permission given by a third party.

Pardoning

-A president bare an act of total forgiveness for those whom it sees justifiable.

• This forgives a criminal act regardless of commitment.

Borrowing

• President may provide certain limitations, restrictions when dealing with internal and foreign banks.

Diplomacy

• The President May be able to conduct/execute transactions related to commerce/trade, but are limited unless approved by the Senate.

Powers of informing

• An informative right of the President to keep the common public well known/aware on regular sessions.

Judicial

• The supreme power to resolve conflicts of power, disputes,and all judicial powers listed.
• Made up of lower courts enlisted through the power of judiciaries law.

Qualifications

• This title is reserved for persons who apply must be born through citizens of the republic,and be of high position.

JBC

-The council in place responsible for judicial appointments -Composed of The Chief. Just.,Security of justice/power.

Judicial Inquiries

Must contain multiple various cases to be considered, with a set list of pre made qualifications

• Powers in the SC: Appeal case based situations from cases regarding certain figures.

Tenures of Judges

Held responsible to act with great integrity/excellence, befitting their position for the people!

CSC

• Civil service is given at different stages, with all branches/subdivisions/agencies in place
• These positions will either be made in career/service.

CoA - The Audits

• Power to execute certain accounts, relating to those from authority/revenue,or relating to those with specific intentions
• Certain authority to be checked and kept for public concern.

Officer Accountability

• Certain figures/sectors/officers given certain responsibility in the name of public office are legally required to be held accounted for.
• Must display and uphold great responsibility, fairness- in all actions and words.

Bill - Section 1 Rights

• Every citizen cannot be denied a legal position of office when every individual holds the equal rights of law.
• This every person is secured.

Protections, Due Process - Rights

• All actions done must be done in sound state of mind, with no intent other than to follow process.

Communications/Law

• All communications can be subject and will never face any purpose or prejudice.

Civil Rights

• All citizens have the same rights as of any others.

Religion

• Every citizen is granted every type religion and practice should be respected under certain authority
• However- no test or certain position of power is granted for only religious reasons..

Legal Restrictions

• Abodes/houses cannot be impaired upon unless a court orders such action.

Amendments and changes-

Right to change information, unless security and authority deems otherwise.

Public sectors - People involved

• With correct legal practices, all people are welcomed.

Section and Legal Rights

• Civil code- all laws must abide to civil laws.

Civil Code Laws

• Those unwilling/able can be exempt from taxes
• All persons must have equal access and assistance as is of ones right!

Investigatory Rights & Legal Procedures

• All persons must have fair-and no cruel treatment.
• There must be fair chance- no matter creed or past

Bail

• There can be bail granted, if all factors align properly. However: not all rights are warranted every time.

Speedy legal right to try their case is available!

• This, every person deserve- no matter if one seeks personal cases.

Legal Actions

• One must not ever testify themselves, especially on things they are unsure/unclear about.

Legal rights- those wronged under any case will never be forgotten/ignored.. Every person deserves legal aid, that will not be denied!!!

The Philippine Civil Code:

• Strongly influenced by the Spanish Civil Code, enforced in 1889.
• In 1940, President Quezon created a commission to create a new Civil Code.
• Destroyed during the 1945 Battle of Manila.
• In 1947, it was created again by President Roxas.

Civil Code Books

• Persons and Family Relations.
• Property.
• Succession.
• Obligations and Contracts.
• Special Contracts.

Laws

• Art. 3. Ignorance of the law excuses can never be dismissed
• Art. 11. Never disregard the codes.

Relations

• Act fairly and justly.
• Do no harm- that cause damage. In legal intent and moral standards.

Contracts

• Every agreement should be done with vigilance of all parties
• Dignity, honor, should coincide with ones mind.
• One must not invade the space of one's character- regardless actions- that is a law.

Code Violations

• Punishments are applicable, and often is the most morally right thing to do.

Code Action/Law - Intent

Every act should stand on it's own and in the best moral faith!!

Obligations, Contracts and Intent.

• Art 1156 obligations are a juridical necessity to adhere to.

Elements Required on Obligations

• One Juridical must have the proper legal binding.
• One acting must have the ability to be subject with fair obligations.
• One must give/receive

Moral intent

• One should adhere to said obligations
• One shall have the proper legal intentions
• Good faith cannot be dismissed!

Code: Nature and Effect

• One shall adhere to law, and not to the law if it does them some "type of way", and give "good faith".
• From legal rights, comes fruit.

Obliged - Actions

Determinate actions- credibility in actions is a requirement

• Those with good "face" have integrity- good or great reputation
• However, can cause for moral, and damage to all parties
• Every choice has meaning good must be rewarded right.
• And to right good must also be done as is ones moral character- if there is none- moral character will be built. If wrong is done- you must make for what your actions made.

Negligence

• Negligence will receive court -actions will be performed, it will be executed, as fair due.
• Negligence: Those obligated must see the proper authorities, those in the wrong that will be liable.

Actions

• All will bear these actions/judgements
• All actions if done well are expected and demanded, must follow their actions to proper result.
• • Intent/Authority demands justice and right in ALL and is expected - the authorities

Authority Is not always what is wanted.

Authority and Laws and Justice

• All laws come with consequences and are written or agreed upon based on fair agreement or past terms with no contradiction or manipulation.

• ALL violations in a manner are liable and expected to act with fair action.

• All violations and intent are recorded those who violate are liable- all rights and justice

• The courts and judicial processes will rule and settle matters based on standards. And not bias.

• Fraud is to be condemned as it does not act in a manner that is of quality and good moral standing.

• Good work is always needed, especially as to what the requirements of nature are, standards is more important.

Authority will always be right at some point, that responsibility is too great to be abused

Code of Good Nature: Pure and Fair Actions

Those those always put in the effort will have their dues.

Family Code History

• Enacted by Corazon Aquino on July 6th, 1987
• Supplants Book 1 of the Civil Code
• Aims to Filipinize
• The Code covers a wide range of family aspects

Family Code Coverage

• Marriage
• Separation
• Wife, husband and family.
• and more

Changes to the Code

• Psychological incandescence.
• Changed to the community of gain.
• The code allows for family members to join in.
• These were used for the basis of action to gain marriage.*

Marriage

Marriage is legal binding between two partners with legal capacity

• To consent and the legal requirements must be followed.

Essentials

Parties legally capable.

• Consent and declaration Formal Requirements
• Authority of the officer
• Marriage certificate requirements, etc

Officers

• Members of the judiciary system.
• Any authorized holy-person with legal jurisdiction (priest, ect).
• Ship captains only if needed.
• Military in operation.
• Mayor's.

Actions without approval

• Near death parties need not show requirement.

Art. 29

• If it must happen, the sole administrator must ensure a fair affidavit.

Requirements

• It is of any legal and rightful persons duties the qualifications shall ensure is clear to be free of lawful impairment to the duty of matrimony.

Art 6.

• There must be an officer to legally take these responsibilities for the correct reasons.

Absent Parties

• Are not able. A valid or moral act is required for one to ensure a proper agreement or oath that can be ensured in any manner.

Valid Actions

• With no form- for there is legal requirement to adhere to the proper legal stance of it.

Void marriage

• There are those married without one or both sides accepting good moral and religious standing and faith.
• There is some requirements must and are legally binding some are: Parties are not the same person, there are those who marry out of good intent and do not understand the process.

Actions may void the marriage

• If any individual is psychologically unable to abide by the oath that is marriage.

Outside of Philippines

• All actions in the Philippines, follow those other laws in place also.

• One cannot and is not forced in religious practices and therefore if they remarry they are forced to remarry.

• Relatives are not to be made in marriage or any relation.

Actions void for policy

• You cannon agree and make a stance with your mother or any children.

The Fraud

• One whom is below age.

Actions for Anulllment

• Those with actions of fraud should be charged and is subject to review.

Legal Separation

• Those with history of violence is reasonable for split.

Rights

• Obligations
• Between all parties

Husband

• Must be a loyal partner

Wife

• Shall maintain the level of her husband.

Conjunction Partnership of gain.

• Family code 142, shall dictate and be fair.

Parents, Authority action with good intention

• Code 311- the one will bear legal duties and be consulted to provide legal opinion on behalf of families.

• Parental right is expected of both sides family and relatives should be consulted for family.

Actions outside

• Outside of family rights.
• All children must be taken care of to ensure they have a fair life.

Responsibility

• Parents may never turn their child.

Actions and steps

• It is expected. Grandparents must take care of each other for consult.

Surnames

• Those legally bind and together forever must all have the same last name, with exception to those who wish to be single (women)
• You must ask for suffrage
• There are certain requisites for the given duty - citizenship + right.

Those with strong stance and voice can always decide and change the culture society moves with

• Always use with kind fair intent always for the people.