Comlaw PDF - Module 1

COMLAW MODULE 1: INTRODUCTION TO COMLAW 1...

COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Obey the Law – Follow rules to maintain As members of society, we must follow laws and respect peace and order. others’ rights. We should be responsible citizens by obeying rules, Respect Others’ Rights – Treat others fairly and justly. paying taxes, and participating in community activities. Helping Be a Responsible Citizen – Pay taxes, vote wisely, and participate in community others and reporting crimes contribute to a safer and better society. activities. Report Crimes & Injustices – Help We must stay informed about our rights and responsibilities to maintain justice and safety. promote fairness and justice. Upholding good values and setting a Promote Social Good – Help in nation- building by supporting ethical businesses ENGAGE good example inspire others to do the same. and sustainable practices. 1. What is law? rule of action or system of uniformity In the broadest sense, law refers to Law is a set of rules created by the government to maintain LEVIATHAN, THOMAS HOBBES any set of rules or patterns that order and justice in society. It protects people’s rights and ensures guide behavior or actions. These - - rules apply not only to people but fairness in different situations. In the Philippines, laws come from the (statutes) (local ordinances) also to all objects in the universe, could also be : whether living or non-living. For · · executive orders decisions judicial & Constitution, Congress, and local governments. They regulate example, laws dictate human behavior as well as natural behavior, resolve conflicts, and provide consequences for violations. phenomena like gravity. Without laws, society would be chaotic and unsafe. 2. Give examples of what you consider to be "law.” The 1987 Philippine Constitution – The highest law governing the country. Examples of laws in the Philippines include the Revised Revised Penal Code – Defines crimes like theft, murder, and Penal Code, which punishes crimes like theft and murder. The Leviathan is a book written by the English philosopher Thomas peopleneed astrong penalties. got to kor ep aa Civil Code – Covers contracts, marriage, and property rights. Labor Code – Protects workers' rights, wages, and benefits. Family Code governs marriage, parental responsibilities, and Hobbes, published in 1651. It is one of the most influential works of political Tax Code – Requires individuals and businesses to pay taxes. Consumer Act of the Philippines – Protects buyers from scams inheritance. The Labor Code protects workers’ rights, such as fair philosophy, advocating for a strong, centralized authority to maintain and defective products. Republic Act No. 10175 (Cybercrime Prevention Act) – wages and benefits. The Anti-Bullying Act ensures safety for peace and prevent chaos. Addresses online fraud, hacking, and cyber libel. Local Ordinances – City and barangay rules (e.g., curfews, waste segregation). students in schools. Traffic laws regulate road safety to prevent accidents. Key Ideas from Leviathan Safety – Traffic laws prevent accidents, crime laws 3. Does the law affect your everyday life? How? keep the streets safe. Business & Work – Labor laws ensure fair wages and Yes, the law affects my daily life in many ways. Traffic laws 1. State of Nature: Hobbes describes a hypothetical situation where safe working conditions. Consumer Protection – Laws ensure product quality guide how I travel safely on the road. School and workplace rules humans exist without government or laws. He argues that in this and fair prices. Taxes – Paying VAT and income tax funds public ensure fairness and discipline in education and employment. "state of nature," life is "solitary, poor, nasty, brutish, and short" services. Digital Life – Cyber laws regulate online behavior and Consumer protection laws guarantee that the products I buy are safe because humans are in constant conflict for survival. protect against scams. Freedom & Rights – Laws guarantee free speech, and fairly priced. Laws also protect my rights and security in public 2. Social Contract: To escape this state of war, people must agree to a religious freedom, and privacy. places and at home. social contract, surrendering some freedoms to a sovereign power (a - 4. What would life be without law? monarch or government) in exchange for security and order. workers exploit Businesses could Without laws, society would be disorderly and dangerous. 3. Absolute Sovereignty: Hobbes believes that a strong ruler or · Disputes would have no resolution clear Crimes like theft, violence, and fraud would increase without government, like the biblical Leviathan, is necessary to enforce laws · · No organized government leading to - consequences. People might not respect each other’s rights, leading and prevent society from collapsing into chaos. , instability and economic collapse - to conflicts and injustices. Businesses and services would be unfair, and corruption could thrive. Laws provide structure, safety, and - - fairness, making life more stable and peaceful. - - 5. What is our duty as members of society?  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Connection to the Image (b) Of course, divine law differs according to what one words without laws , The image contains a passage from Leviathan, where Hobbes believes to have been established and communicated to mankind by In other , fairness , argues that in a state of war—where there is no common power or revelation. Thus, to the Mohammedans, divine law is embodied in there is no justice or only force and deception government—"nothing can be unjust" because concepts like the Muslim Quoran. Muslims rules essential for a justice and injustice only exist when laws are enforced. The ↳ a re peaceful society highlighted part emphasizes that without laws, force and fraud (2) Sanction. - The sanction of divine law lies in the assurance of rewards or consequences in this life or the afterlife dominate rather than moral principles. certain rewards and punishments in the present life or in the life to LAW come. (Clark, Elementary Law, p. 5.) WHAT IS LAW? 2. Natural law collection of mandatory rules "A mass of obligatory rules established for the purpose of governing Natural law may then be defined as the divine inspiration in · innate sense of justice , fairness , that and righteousness present in all in govern society how people interact L the relations of persons in society" (Tolentino) man of the sense of justice, fairness, and righteousness, not by humans "A rule of conduct, just, obligatory, promulgated by legitimate divine revelation or formal promulgation, but by internal dictates of · not written or revealed but law fair and necessary is a is officially declared [ authority, and of common observance and benefit." (Sanchez reason alone. understood through reason rule that and followed for the common Roman) good (1) Binding force. - Natural law is ever present and binding on all · based on an internal sense SUBJECTS OF LAW men everywhere and at all times. There is in every man a basic of right and wrong know understanding of right and wrong based on an understanding of the · ex people instinctively State law, divine law, natural law, and moral law are comprised in the · that stealing killing without fundamental standard or criterion of good and evil. In other words, or definition of law as a rule of action. They apply to men as rational beings reason is wrong only. On the other hand, physical law operates on all things, including men, there are some acts or conduct which man knows in his heart and without regard to the latter's use of their willpower and intelligence. It is called his conscience, not by theorizing. but by the dictates of his moral law only figuratively speaking. nature, are simply good or bad or evil. 1. Divine law Thus, we know that killing for the sake of killing or stealing for the religious laws based on faith and Divine law is the law of religion and faith which concerns sake of stealing is bad or evil because it is contrary to what we the distinction between sin and salvation itself with the concept of sin (as contrasted with crime) and salvation. believe is just, fair, or righteous. When we speak of this inward instinct of justice, fairnes,s and righteousness in man as divinely (1) Source. - It is formally promulgated by God and revealed or inspired by the dictates of his higher nature, we are talking about divulged to mankind by means of direct revelation. through religious texts > or prophets natural law or the law of nature. (see C. Pascual, The Nature and (a) Under the Old Testament, divine law is embodied in the Elements of the Law, 1954 ed., pp. 9-10.) Ten Commandments. It is believed by Christians that these laws were formally given by God through Moses, the great Hebrew prophet and leader. (see C. Pascual, Legal Method, 2nd ed., pp. 7-8.)  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 (2) Compared to divine law. — While natural law and divine law are (3) Binding force. - Moral law is not absolute, It varies with the · varies between cultures comes from human reason and birth very similar, they are not, however, the same. Divine law, as the law changing times, conditions, or convictions of the people. For · polygamy is acceptable in some is from present immoral in other of religious faith, is made known to man by means of direct example, polygamy is considered immoral (it is also a crime) in the societies but today's fashion> allowed revelation. On the other hand, natural law is said to be impressed in Philippines, whereas, it is allowed in some parts of the world. Today's · past > morally condemned man as the core of his higher self at the very moment of being or, fashions in women's dress are socially allowed but at different times, perhaps, even before that. (see C. Pascual, Legal Method, 2nd ed., they would have been morally condemned. p. 111.) (4) Place in state law. - Moral law, to a great extent, influences or (3) Place in state law. - Natural law has been regarded as the shapes state law. reasonable basis of state law. 4. Physical law 3. Moral law. "In the operation or course of nature, there are uniformities rules and norms about what a When we talk of moral law, we are speaking of the totality of of actions and orders of sequence which are the physical community considers right or mong the norms of good and right conduct growing out of the collective phenomena that we sense and feel. They are known as the laws of Laws of Physical Science consistent patterns observed in sense of right and wrong of every community. physical science or physical law." (Ibid., p. 19.) · laws of nature , like the physics or chemistry (1) Determination of what is right and wrong. - "At a comparatively (1) Order or regularity in nature. - A law of physical science, being · describe how things in the world consistently · Communities develop shared early stage of their existence human beings, learned that it was good addressed to objects which have no power to disobey, is in reality behave standards of behavior for the for the welfare of the group that the privilege to determine what is nothing more than an order or regularity in nature by which certain benefit of everyone right and what is wrong was not left to each member of the group. results follow certain causes. (Clark, Elementary Law, p. 34.) The more or ways of life were then evolved which were always ·. ex respect for elden or condemning dishonesty considered right and correct, and obedience to them was demanded (2) Called law only by analogy. — In other words, this order or · certain causes always lead to certain effects by the group." regularity is called law only by analogy. "Examples of physical law lules not made · by humans are many. The more conspicuous ones are the law of gravitation and but patterns in nature that (2) Sanction. - As distinguished from state law, there is no definite the law of chemical combination." (see C. Pascual, Legal Method, everything follows without exception · violations may lead to social legal sanction (punishment imposed by law like imprisonment and/or 2nd ed., p. 13.) consequences , such as disapproval payment of fines or damages) for violation of purely moral law. "If a or exclusion member of the community disregards the moral norms, a 5. State law. spontaneous social reaction is produced in the form of public The kind of law, however, which particularly concerns us in displeasure, contempt, or even indignation. If, on the other hand, this work is the state law or the law that is promulgated and enforced there is conformity to the moral norms, there is created spontaneous by the state. social response which may be in the form of public pleasure, approval or even joy." (see C. Pascual, The Nature and Elements of (1) Other terms used. — This law is also called positive law, Law, 1954 ed. p. 16.) municipal law, civil law, or imperative law. It is the law that we refer to when we speak of law in connection with obligations and contracts, marriage, the administration of justice, the conduct of elections, and the entire governmental process itself.  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 (2) Binding force. - As a rule of action, only state law is enforced by 9. Which is required by law to observed by public officials? the state, with the aid of its physical force, if necessary. Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions (3) Concern of state law. - The fields of state law are different from and income. They shall not indulge in extravagant or · focuses on regulating social and those of divine law, natural law, and moral law. State law does not ostentatious display of wealth in any form. governmental activities leaving other laws to their , concern itself with violations of the latter rules of action unless they Political neutrality. - Public officials and employees shall respective fields unless they overlap with also constitute violations of its commands. A full examination of provide service to everyone without unfair discrimination and legal matter divine law properly belongs to the fields of philosophical theology; of regardless of party affiliation or preference. natural law, to metaphysics; of moral law, to ethics; and of physical Responsiveness to the public. - Public officials and law, to physical science or physics. (M.J. Gamboa, op. cit., p. 5.) employees shall extend prompt, courteous, and adequate service to the public. DIAGNOSTICS (QUIZZES) 10. The name of your COMLAW professor is? 1. What is the highest law of the land? Rudyard Arbolado Constitution 2. Which government body creates laws? SOURCES OF LAW: highest law of the land created by the people and applies to everyone Congress 1. Constitution - fundamental law of the land; supreme law 3. What year was our Constitution ratified? 2. Legislation (Congress) - Republic Act, Batas Pambansa predominant/most important source of law 1987 3. Administrative orders, regulations, rulings (7) clarify explain laws and implement their provisions or 4. How many presidents have been elected under the current 4. Judicial decisions (8) made by courts (Supreme Court) Doctrine of Precedent Stare decisis or Constitution? 5. Other sources - equity, customs due to consistent long become accepted binding rules by society and use -> as 6 5. How many congressmen or representatives do we have? CONSTITUTION highest law of the Philippines that establishes the gort , protects rights , and ensures democracy 316 After the People Power Revolution in 1986, which removed dictator Ferdinand Marcos, the new government under Corazon Aquino needed a new constitution to restore democracy. 6. How many Supreme Court justices are there? 1987 CONSTITUTION (FEB 11, 1987) created by President Corazon Aquino under Proclamation No. 9 15 Constitutional Commission (48 members: 32 lawyers, 6 women, 5 7. Under the Constitution, what is the term of a mayor, governor or religious, 6 professors, 1 filmmaker, 2 no formal degrees, 35 from congressman? Luzon, 9 from Visayas) 3 years Convened on June 2, 1986 and finished work on October 16, 1986 8. Which is prohibited under the Constitution? Ratified on Feb 2, 1987, with over 76% saying yes to the New Warrantless search or arrest Constitution Adoption of an official religion for the Philippines Seizure of private property by the government  b. Laws provide order and protect individuals b. It also distributes these powers among from harm. different branches to ensure they are used c. Example: Without laws against theft or safely and for the people’s benefit. violence, people would live in fear, and c. It is called the fundamental law, supreme society would collapse. law, or highest law of the land because it is 2. What does law do? Functions of law: created by the people and applies to a. Secures justice: Ensures fairness and everyone—citizens and government officials Lagencies) resolves disputes. alike. b. Resolves conflicts: Provides peaceful d. All other laws must align with it. If any law solutions to disagreements. contradicts the Constitution, it is considered c. Orders society: Establishes guidelines for void, and the Constitution will prevail. acceptable behavior. e. Example: The Philippine Constitution d. Protects interests: Guards rights, property, guarantees freedom of speech and prohibits and safety. laws that restrict this right. e. Controls social relations 2. Legislation Example: Traffic laws prevent accidents and a. Legislation is the process of creating legal protect lives. rules or laws by a competent authority, such 3. What is our duty as members of society? as the government or legislature. preponderant a. In any society, there needs to be a set of b. It is the most important source of law in the rules or laws to keep things organized and Philippines. fair. These laws, known as the legal system, c. The laws passed by the legislature are called help people live together peacefully and enacted laws or statute laws. ensure that everyone is treated equally. d. In addition to national laws, legislation also Without these rules, there would be chaos includes ordinances passed by local and conflict. As members of society, we each government units. These ordinances are have a responsibility to learn about these local laws that apply within specific areas or laws and follow them, because when regions, and they hold the same legal power everyone follows the rules, society works as national laws within their jurisdiction. better for everyone. This is our duty to help e. Example: The Family Code of the Philippines maintain order and protect the common governs marriage, divorce, and adoption. good, which benefits all members of society. 3. Administrative or executive orders, regulations, b. Example: Following environmental laws and rulings helps preserve natural resources for future a. Administrative or executive orders, Me generations. regulations, and rulings are issued by government officials to clarify or explain laws Sources of Law and implement their provisions. The legal system draws authority from various sources, b. These acts are valid as long as they do not ensuring that laws reflect the society’s values and needs: conflict with the Constitution or existing laws. 1. Constitution If they are found to be inconsistent with the a. The Constitution, specifically the Constitution law or Constitution, they are considered of the Philippines, is a written document that invalid. establishes, limits, and defines the c. Example: The Department of Health’s government’s powers. regulations on COVID-19 vaccinations. 3 4. Judicial decisions or jurisprudence other sources of law to rely on. However, have the discretion to consider a. Judicial decisions or jurisprudence are they are not binding on the courts. but not required to follow them rulings made by courts, especially the c. Example: Courts may use principles of Supreme Court, that interpret and apply laws equity to decide cases not covered by or the Constitution. These decisions become specific laws. part of the legal system in the Philippines. b. The rulings of higher courts bind lower courts - Rule in Case of Doubt in Law on legal matters, known as the doctrine of When laws are unclear or insufficient, judges must still precedent or stare decisis. make a decision. c. While the Supreme Court can change its If there’s doubt, it’s assumed that lawmakers intended previous rulings, its decisions have the force to do what is right and just. Courts should prioritize of law, as they clarify the meaning of laws justice over strict interpretation, especially when and the Constitution. Unlike decisions of someone’s life, freedom, or property is at risk. lower courts, which only apply to the parties Example: A law might be interpreted to favor an involved, Supreme Court rulings apply to underprivileged individual if ambiguity exists. everyone. d. Example: The Supreme Court’s decision on Organs of Social Control a constitutional issue becomes binding on Law is one of many tools used to regulate behavior and lower courts. maintain societal order. In society, many groups, like churches, 5. Custom schools, families, and companies, help control behavior a. Custom consists of practices or habits that, through their own rules and regulations, alongside legal through long and consistent use, have institutions. Other forms include: become accepted as binding rules by 1. Legal institutions: National and local governments society. create and enforce laws for everyone. b. When recognized and enforced by the state, 2. Non-legal organizations: Churches, schools, it has the force of law. families, and trade unions set rules for their members. c. Example: If no compensation is specified in a. Example: A school enforces rules about a contract for services, the payment may be student behavior. based on local customs. However, customs must be proven as facts according to Law Compared to Other Social Controls evidence rules. Key differences between legal and non-legal methods of d. Courts can apply customs when there is no control: law directly addressing an issue, but 1. Scope of authority: customs that go against the law, public order, a. Only the state can make laws for everyone; or public policy are not accepted. other organizations govern only their e. Example: The customary practice of paying members. a reasonable fee for services, even if no b. Example: A company’s rules apply only to its contract exists. employees, but labor laws apply to all 6. Other sources: workers. a. Other sources of law include principles of 2. Scope of rules: justice and equity, decisions of foreign a. Legal institutions create rules that apply to courts, opinions of legal scholars, and everyone in society. In contrast, the rules of religion. other organizations (such as social, b. These are supplementary sources, meaning economic, or political groups) apply only to that courts use them only when there are no their members. Me 4  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 1986 Cory Aquino 1986 Constitutional Commission 1998 Erap Estrada chairperson of PCSO (Philippine Charity Sweepstakes Office) 2001 impeachment case Third Section (Right) - Education & Career Education: St. Scholastica’s College law at the University of the Philippines 1937 Master of Laws at Yale University (1954) Top 1 in the 1937 Bar Exam 92.6% Career: judge 1954 to 1958 First Section (Left) - 1986 Constitutional Commission Associate Justice of the Court of Appeals (1968) 1986 Constitutional Commission Associate Justice of the Supreme Court People Power Revolution (1973-1978) Proclamation No. 9 President Corazon Aquino Summary 48 members chairperson 1987 Philippine Constitution February 2, 1987 Second Section (Middle) - Cecilia Muñoz-Palma's Accomplishments Cecilia Muñoz-Palma first female Supreme Court Justice of the Philippines 1973 Ferdinand Marcos "firsts" First female prosecutor First female district judge Second female Appeals Court judge Martial Law dissenting opinions  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Easy Explanation gray areas that are open to interpretation ex. Freedom of Speech allows expression , but hate speech and false information can be restricted just like a shadow during an eclipse , laws sometimes blend into another than one rather having strict boundaries 1. Maria Lourdes Sereno (Philippines' former Chief Justice) CONSTITUTION Preamble of all · job 2. Alexander Hamilton (One of the Founding Fathers of the U.S.) · introduction or mission statement why the Consti exists and · explains aim to what the Filipino people achieve through it 3. George Washington (First U.S. President) · Philippines is governed by the people Article II, Section 1 · DEMOCRACY : power to choose their leaders and power comes from the people (usually through elections ) ↳ opposite dictatorship · REPUBLIC : representatives are elected to of the govern the country on behalf people Main Message: Article II, Section 3  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Article II, Section 4 Article 3. In : war ask citizens to help country. defend the include the which can civil service military or Philippine Civil Code Article 3 ignorance of the law Article II, Section 17 excuses no one from compliance therewith helps the country's progress Simple Explanation: Article Il, Section 13 cannot use ignorance Why is this Important? Legal Responsibility LEGISLATION Fairness How many laws has the Philippines enacted? Order in Society Example: CIVIL CODE can still be penalized Article 7. must follow the Constitution and laws ; if contradicts, in court it can be challenged law Court ruling Article 8. jurisprudence or case if Supreme law lower courts interprets a , it must follow  Overall : · makes laws 340 in · Senate (Senator- 24 Congress terms COMLAW ↳ Upper House - > 6-year 316) Representatives (Congressmen/women - House of MODULE 1: INTRODUCTION TO COMLAW 1 · ↳ Lower House > - 3 year terms Main Powers: · District Reps Create, amend, or repeal laws. Article 2 THREE BRANCHES OF GOVERNMENT o Partylist Reps Approve the national budget (General Appropriations Act). Declare war (with a two-thirds vote from both houses). Legislative: Confirm presidential appointments (Senate). Conduct investigations for legislative purposes. Special Power of the People: Simple Explanation: Initiative & Referendum – Citizens can propose or reject laws directly. by National printed officially becomes effective 15 days Office Printing Official Gazette Executive: · President - 6-year term · VP · Cabinet Secretaries and Executive Departments (DepEd , DOl , DSWD) Main Powers & Duties of the President: Chief Executive – Ensures laws are implemented. Commander-in-Chief – Leads the Armed Forces of the Why is this Important? Philippines (AFP). Chief Diplomat – Represents the country in international affairs. Public Awareness Veto Power – Can reject bills passed by Congress. Appoints Officials – Chooses key government positions (subject to confirmation by the Commission on Appointments). Grants Pardons & Amnesty – Can forgive or lessen penalties for Legal Certainty crimes. Main Powers: Judiciary: Flexibility Judicial Review – Can declare laws or executive actions unconstitutional if they violate the Constitution. Settle Legal Disputes – Resolves conflicts involving laws, contracts, and rights. Checks Government Actions – Ensures other branches do not abuse their powers. Example: Power Against Government Overreach: Courts can strike down actions by the government if there is grave abuse of discretion. Associate Justices January 25 /Chief Justice and 14 immediately upon publication Together Checks and Balances prevent any one branch from becoming too powerful: Legislative makes laws, but the President can veto them. OBLIGATIONS AND CONTRACTS Congress can override a veto with a two-thirds vote. 210 Supreme Court can declare laws unconstitutional Republic Act No. 386 if they violate the Constitution. President appoints judges, but they must be independent in making decisions. Civil Code of the Philippines  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Identifying the People in the Images: Three Branches of the Philippine Government Constitution Executive Branch: 1. Legislative Branch (Makes the Law) Congress Senate Legislative Branch: House of Representatives 2. Executive Branch (Carries Out the Law) President Judiciary Branch: Vice President Cabinet 3. Judicial Branch (Evaluates the Law) Key Takeaways: Supreme Court Other Courts separation of powers checks and balances Constitution Executive Legislative Judiciary Key Idea: Constitution separation of powers checks and balances What is the highest law of the land? The 1987 Philippine Constitution is the highest law of the land. It serves as the foundation of all laws and government actions. Which branch of government makes the laws? The Legislative Branch (Congress), composed of the Senate and the House of Representatives, is responsible for making laws. Which branch of government implements the laws? The Executive Branch, led by the President, implements and enforces laws through various government agencies. Which branch of government interprets the laws? The Judicial Branch, headed by the Supreme Court, interprets laws and ensures they are applied correctly. Are we presumed to know the laws? Why and how? Yes, under the legal principle "Ignorance of the law excuses no one" (Ignorantia legis non excusat). This means that everyone is expected to know the law because laws are published in the Official Gazette and other public sources. What is the primary law governing obligations and contracts? The Civil Code of the Philippines (Republic Act No. 386) is the primary law governing obligations and contractsunder Book IV (Obligations and Contracts).