COMLAW Module 1: Introduction to Comlaw 1 Notes PDF

COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 5.​ What is our duty as members of society?...

COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 5.​ What is our duty as members of society? As members of society, we must follow laws and respect OBLIGATIONS & CONTRACTS others’ rights. We should be responsible citizens by obeying rules, COMLAW 1 AY 2024-2025 paying taxes, and participating in community activities. Helping RUDYARD S. ARBOLADO others and reporting crimes contribute to a safer and better society. We must stay informed about our rights and responsibilities to ENGAGE promote fairness and justice. Upholding good values and setting a 1.​ What is law? good example inspire others to do the same. Law is a set of rules created by the government to maintain order and justice in society. It protects people’s rights and ensures LEVIATHAN, THOMAS HOBBES fairness in different situations. In the Philippines, laws come from the Constitution, Congress, and local governments. They regulate behavior, resolve conflicts, and provide consequences for violations. Without laws, society would be chaotic and unsafe. 2.​ Give examples of what you consider to be "law.” Examples of laws in the Philippines include the Revised Penal Code, which punishes crimes like theft and murder. The Family Code governs marriage, parental responsibilities, and Leviathan is a book written by the English philosopher Thomas inheritance. The Labor Code protects workers’ rights, such as fair Hobbes, published in 1651. It is one of the most influential works of political wages and benefits. The Anti-Bullying Act ensures safety for philosophy, advocating for a strong, centralized authority to maintain students in schools. Traffic laws regulate road safety to prevent peace and prevent chaos. accidents. 3.​ Does the law affect your everyday life? How? Key Ideas from Leviathan Yes, the law affects my daily life in many ways. Traffic laws guide how I travel safely on the road. School and workplace rules 1.​ State of Nature: Hobbes describes a hypothetical situation where ensure fairness and discipline in education and employment. humans exist without government or laws. He argues that in this Consumer protection laws guarantee that the products I buy are safe "state of nature," life is "solitary, poor, nasty, brutish, and short" and fairly priced. Laws also protect my rights and security in public because humans are in constant conflict for survival. places and at home. 2.​ Social Contract: To escape this state of war, people must agree to a 4.​ What would life be without law? social contract, surrendering some freedoms to a sovereign power (a Without laws, society would be disorderly and dangerous. monarch or government) in exchange for security and order. Crimes like theft, violence, and fraud would increase without 3.​ Absolute Sovereignty: Hobbes believes that a strong ruler or consequences. People might not respect each other’s rights, leading government, like the biblical Leviathan, is necessary to enforce laws to conflicts and injustices. Businesses and services would be unfair, and prevent society from collapsing into chaos.​ and corruption could thrive. Laws provide structure, safety, and fairness, making life more stable and peaceful.  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Connection to the Image (b) Of course, divine law differs according to what one ​ The image contains a passage from Leviathan, where Hobbes believes to have been established and communicated to mankind by argues that in a state of war—where there is no common power or revelation. Thus, to the Mohammedans, divine law is embodied in government—"nothing can be unjust" because concepts like the Muslim Quoran. justice and injustice only exist when laws are enforced. The highlighted part emphasizes that without laws, force and fraud (2) Sanction. - The sanction of divine law lies in the assurance of 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 ​ "A mass of obligatory rules established for the purpose of governing Natural law may then be defined as the divine inspiration in the relations of persons in society" (Tolentino) man of the sense of justice, fairness, and righteousness, not by ​ "A rule of conduct, just, obligatory, promulgated by legitimate divine revelation or formal promulgation, but by internal dictates of authority, and of common observance and benefit." (Sanchez reason alone. Roman) (1) Binding force. - Natural law is ever present and binding on all SUBJECTS OF LAW men everywhere and at all times. There is in every man a basic State law, divine law, natural law, and moral law are comprised in the understanding of right and wrong based on an understanding of the definition of law as a rule of action. They apply to men as rational beings fundamental standard or criterion of good and evil. In other words, 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 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 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. 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 very similar, they are not, however, the same. Divine law, as the law changing times, conditions, or convictions of the people. For of religious faith, is made known to man by means of direct example, polygamy is considered immoral (it is also a crime) in the 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 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 When we talk of moral law, we are speaking of the totality of of actions and orders of sequence which are the physical 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 sense of right and wrong of every community. physical science or physical law." (Ibid., p. 19.) (1) Determination of what is right and wrong. - "At a comparatively (1) Order or regularity in nature. - A law of physical science, being early stage of their existence human beings, learned that it was good addressed to objects which have no power to disobey, is in reality 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 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 considered right and correct, and obedience to them was demanded (2) Called law only by analogy. — In other words, this order or by the group." regularity is called law only by analogy. "Examples of physical law are many. The more conspicuous ones are the law of gravitation and (2) Sanction. - As distinguished from state law, there is no definite the law of chemical combination." (see C. Pascual, Legal Method, legal sanction (punishment imposed by law like imprisonment and/or 2nd ed., p. 13.) payment of fines or damages) for violation of purely moral law. "If a 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 those of divine law, natural law, and moral law. State law does not ostentatious display of wealth in any form. concern itself with violations of the latter rules of action unless they ​ Political neutrality. - Public officials and employees shall also constitute violations of its commands. A full examination of provide service to everyone without unfair discrimination and 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: ​ Congress 1.​ Constitution - fundamental law of the land; supreme law 3.​ What year was our Constitution ratified? 2.​ Legislation (Congress) - Republic Act, Batas Pambansa ​ 1987 3.​ Administrative orders, regulations, rulings (7) 4.​ How many presidents have been elected under the current 4.​ Judicial decisions (8) Constitution? 5.​ Other sources - equity, customs ​ 6 5.​ How many congressmen or representatives do we have? CONSTITUTION ​ 316 6.​ How many Supreme Court justices are there? 1987 CONSTITUTION (FEB 11, 1987) ​ 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  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 ​ In 1986, President Cory Aquino appointed her as chairperson of the 1986 Constitutional Commission. ​ In 1998, President Erap Estrada appointed her as chairperson of PCSO (Philippine Charity Sweepstakes Office), but she later criticized his 2001 impeachment case. Third Section (Right) - Education & Career ​ Education: ○​ Valedictorian of St. Scholastica’s College. ○​ Studied law at the University of the Philippines, graduating in 1937. ○​ Took Master of Laws at Yale University (1954). ○​ Top 1 in the 1937 Bar Exam with 92.6%. ​ Career: ○​ Became a judge in different locations from 1954 to 1958. First Section (Left) - 1986 Constitutional Commission ○​ Became Associate Justice of the Court of Appeals (1968). ​ This plaque describes the 1986 Constitutional Commission, which ○​ Became Associate Justice of the Supreme Court was formed after the People Power Revolution. (1973-1978). ​ The commission was created under Proclamation No. 9 by President Corazon Aquino. Summary ​ It had 48 members, including Cecilia Muñoz-Palma as the elected chairperson. Cecilia Muñoz-Palma was a trailblazer for women in the Philippine ​ Their task was to draft the 1987 Philippine Constitution, which was judiciary. She was known for her intelligence, strong principles, and later ratified by the people on February 2, 1987. opposition to dictatorship. She played a major role in drafting the 1987 Constitution, which restored democracy in the Philippines. Second Section (Middle) - Cecilia Muñoz-Palma's Accomplishments ​ Cecilia Muñoz-Palma was the first female Supreme Court Justice of the Philippines, appointed in 1973 by President Ferdinand Marcos. ​ She achieved many "firsts", such as: ○​ First female prosecutor ○​ First female district judge ○​ Second female Appeals Court judge ​ During Martial Law, she was known for writing dissenting opinions (opinions that opposed the government).  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 "The great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to the other." Easy Explanation This quote suggests that laws and constitutional rules are not always simple or clear-cut. Instead of being strictly "black and white" (completely clear and absolute), many laws exist in a gray area where interpretations and applications can vary. Even the most detailed laws have uncertain edges—they blend into broader principles rather than having rigid boundaries. The word penumbra refers to a partial shadow (like during an eclipse), symbolizing that laws and rights often have areas of uncertainty or overlap rather than strict divisions. 1.​ Maria Lourdes Sereno (Philippines' former Chief Justice) ○​ She emphasizes that the constitution, not any single person, CONSTITUTION should be the highest authority in the country. ○​ This was said during an event against tyranny (abuse of Preamble power) in 2018. We, the sovereign Filipino people, imploring the aid of Almighty God, 2.​ Alexander Hamilton (One of the Founding Fathers of the U.S.) in order to build a just and humane society and establish a Government that ○​ He stresses that respecting constitutional law is essential for shall embody our ideals and aspirations, promote the common good, maintaining a free government. conserve and develop our patrimony, and secure to ourselves and our ○​ This highlights that laws should guide a nation, not just posterity the blessings of independence and democracy under the rule of law personal power or decisions. and a regime of truth, justice, freedom, love, equality, and peace, do ordain 3.​ George Washington (First U.S. President) and promulgate this Constitution. ○​ He reminds people that the true power of a constitution lies in the hands of the people. Article II, Section 1 ○​ This means that a government should serve its people, The Philippines is a democratic and republican State. Sovereignty following the constitution, rather than controlling them. resides in the people and all government authority emanates from them. Main Message: Article II, Section 3 All three quotes support the idea that a country's constitution is the Civilian authority is, at all times, supreme over the military. The foundation of democracy. It ensures that power is balanced, laws are Armed Forces of the Philippines is the protector of the people and the State. followed, and no leader has absolute control. This message is relevant in Its goal is to secure the sovereignty of the State and the integrity of the protecting freedom and justice in any nation. national territory.  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Article II, Section 4 Article 3. The prime duty of the Government is to serve and protect the people. Ignorance of the law excuses no one from compliance therewith. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by Ignorantia legis non excusat law, to render personal military or civil service. In the Philippine Civil Code, Article 3 states that ignorance of the law Article II, Section 17 excuses no one from compliance therewith ("Ignorantia legis non The State shall give priority to education, science and technology, excusat"). arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Simple Explanation: This means that even if a person does not know the law, they are still Article Il, Section 13 responsible for following it. You cannot use ignorance as an excuse to The State recognizes the vital role of the youth in nation building and avoid legal consequences. shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, Why is this Important? and encourage their involvement in public and civic affairs. 1.​ Legal Responsibility – Everyone is expected to know and follow the LEGISLATION law. 2.​ Fairness – If ignorance were allowed as an excuse, people could How many laws has the Philippines enacted? easily break laws and claim they didn’t know. ​ 12,120 republic acts (as of January 8, 2025) 3.​ Order in Society – It ensures that laws apply to everyone equally, ​ 2,035 presidential decrees maintaining justice and order. ​ 889 batas pambansa ​ Over 15,000 pieces of legislation!!! Example: If someone drives without a license and says, "I didn’t know I needed CIVIL CODE one," they can still be penalized because the law requires drivers to have a license, regardless of their awareness. This principle applies to all laws in the Article 7. Philippines, whether civil, criminal, or administrative. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n)  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Article 2 THREE BRANCHES OF GOVERNMENT Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Legislative: CONST., Art VI, SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on Simple Explanation: initiative and referendum. This means that a new law officially becomes effective 15 days after it is published in the Official Gazette (the official publication of the Executive: CONST., Art VII, SECTION 1. The executive power shall be vested in the Philippine government). However, if the law specifies a different date, that President of the Philippines rule will apply instead. SECTION 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties Why is this Important? as President (or Vice-President or Acting President) of the Philippines, preserve and 1.​ Public Awareness – People must be informed about new laws defend its Constitution, execute its laws, do justice to every man, and consecrate before they are enforced. myself to the service of the Nation. So help me God." (In case of affirmation, last 2.​ Legal Certainty – It ensures that laws are properly published so that sentence will be omitted.) everyone knows when they start to apply. Judiciary: CONST., Art VIII, SECTION 1. The judicial power shall be vested in one 3.​ Flexibility – Some laws may require a longer or shorter time before Supreme Court and in such lower courts as may be established by law. Judicial they take effect, depending on what is written in them. power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or Example: not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. If Congress passes a law on January 1 and it is published in the Official Gazette on January 10, the law will take effect on January 25 (15 days after publication). However, if the law states that it takes effect immediately upon publication, then it will be enforced on January 10. This rule ensures that no one can claim they were unaware of a law before it starts applying. OBLIGATIONS AND CONTRACTS Republic Act No. 386 ​ “An Act to Ordain and Institute the Civil Code of the Philippines.” Civil Code of the Philippines ​ Took effect on August 30, 1950 (74 years old!) ​ Commission: Jorge Bocobo (UP Law), Francisco Capistrano (SC), Arturo Tolentino (VP, Senate) ​ 2,270 provisions ​ 284 provisions relate to Obligations and Contracts (12.5%)  COMLAW MODULE 1: INTRODUCTION TO COMLAW 1 Identifying the People in the Images: This image is a visual representation of the Three Branches of the From left to right, the individuals shown represent the current heads Philippine Government and how they function under the Constitution, of these branches: which ensures a separation of powers. Here’s a simple breakdown: 1.​ Executive Branch: The President – The person shown is President 1.​ Legislative Branch (Makes the Law) Ferdinand "Bongbong" Marcos Jr. (as of recent years). The ​ Composed of Congress, which has two parts: executive branch is responsible for enforcing laws. ○​ Senate (Upper House) 2.​ Legislative Branch: Senate President and Speaker of the House – ○​ House of Representatives (Lower House) The second and third persons appear to be Senate President ​ Their main role is to create, amend, and repeal laws. Francis "Chiz" Escudero and House Speaker Martin Romualdez. The 2.​ Executive Branch (Carries Out the Law) legislative branch creates laws. ​ Led by the President. 3.​ Judiciary Branch: The Chief Justice – The last person in judicial ​ Includes the Vice President and the Cabinet (officials who robes is likely Chief Justice Alexander Gesmundo, the head of the help implement laws and policies). Supreme Court, which interprets laws. ​ This branch enforces and administers laws. 3.​ Judicial Branch (Evaluates the Law) Key Takeaways: ​ Headed by the Supreme Court. ​ Includes Other Courts that interpret laws and decide on ​ The government operates under three branches to ensure a legal disputes. separation of powers and checks and balances. ​ Ensures that laws follow the Constitution. ​ The Executive enforces laws, the Legislative makes laws, and the Judiciary interprets laws. Key Idea: ​ This system prevents any single branch from having total control, ensuring democracy and fairness. ​ The Constitution is the foundation of government, preventing any one branch from having too much power. ​ This separation of powers ensures checks and balances, meaning each branch can limit the power of the others to maintain fairness and democracy.