Nature and History of Law in the Philippines PDF

NATURE AND HISTORY OF LAW IN THE PHILIPPINES Presented by: ENGR. C.H. GOMEZ II, CE, MP INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Law - any rule of action or any system of uniformity - refers to a system of rules that regulate the conduct of...

NATURE AND HISTORY OF LAW IN THE PHILIPPINES Presented by: ENGR. C.H. GOMEZ II, CE, MP INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Law - any rule of action or any system of uniformity - refers to a system of rules that regulate the conduct of a community, and is often enforced by a controlling authority through penalties General Divisions of Law - Law which is not promulgated and enforced by the state - Divine law - Natural Law - Moral Law - Physical Law - Law which is promulgated and enforced by the state - State Law INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Divine Law - is the law of religion and faith which concerns itself with the concept of sin (as contrasted with crime) and salvation 1. Source. It is formally promulgated by God and revealed or divulged to mankind by means of direct revelation 2. Sanction. Lies in the assurance of certain rewards and punishments in the present life or in the life to come INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Natural Law - may be defined as the divine inspiration in man of the sense of justice, fairness and righteousness, not by divine revelation or formal promulgation, but by internal dictates alone - is a set of universal truths, principles, and rules that properly govern moral human conduct 1. Binding force. Natural law is ever present and binding on all men everywhere and at all times. 2. Compared to divine law. Divine law is law of one’s religion and faith while natural law possess intrinsic values that govern the human being’s reasoning and behavior. 3. Place in state law. Natural law has been regarded as the reasonable basis of state law. INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Moral Law - totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community 1. Determination of what is right and what is wrong. The mores or ways of life were then evolved which were always considered right and correct, and obedience to them was demanded by the group. 2. Sanction. As distinguished from state law, there is no definite legal sanction for violation of purely moral law 3. Binding force. Moral law is not absolute. It varies with the changing times, conditions, or convictions of the people. 4. Place in state law. Moral law, to great extent, influences or shapes state law. INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Physical Law - in the operation or course of nature, there are uniformities of actions, and orders of sequence which are the physical phenomena that we sense and feel 1. Order of regularity in nature. A law of physical science, being addressed to objects, which have no power to disobey, is in reality nothing more than an order or regularity in nature by which certain results follow certain causes. 2. Called law only by analogy. In other words, this order or regularity is called law only by analogy. INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW *** FOR SIMPLER EXPLANATION *** Divine law - philosophical theology Natural law - metaphysics Moral law - ethics Physical law - physical sciences or Physics INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW State Law - law that is promulgated and enforced by the state - it is the law that we refer wher 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 1. Other term used. Also called as positive law, municipal law, civil law, or imperative law. 2. Binding force. As a rule of action, only state law is enforced by the state, with the aid of its physical force, if necessary 3. Concern of state law. The state law does not concern itself with violations of the laws that are not promulgated and enforced by the state unless they also constitute violations of its commands INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Concepts of State Law 1. The mass of obligatory rules established for the purpose of governing the relations of persons in society 2. A rule of conduct, just, obligatory, promulgated by legitimate authority, and common observance and benefit INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Characteristics of law 1. It is a rule of conduct. Law tells us what shall be done and what shall not be done 2. It is obligatory. Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience 3. It is promulgated by legitimate authority. In the Philippines, the legitimate or competent authority is the legislature 4. It is of common observance and benefit. Law is intended by man to serve man. It regulates the relation of men to maintain harmony in society and to make order and co-existence possible INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Necessity and functions of law * 1. What would life be without law? 2. What does law do? 3. What is our duty as members of society? INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Sources of laws 1. Constitution. Referred to as the fundamental law or supreme law or the highest law of the land. It is the law to which all other laws enacted by the legislature (as well as administrative or executive acts, orders, and regulations having force of law) must conform. 2. Legislation. It is the predominant source of law in the Philippines. Acts passed by legislature are so called enacted laws or statute laws. Legislation includes ordinances enacted by local government units. 3. Administrative or executive orders, regulations, and rulings. These are those issued by administrative officials under legislative authority. Administrative rules and regulations are intended to clarify or explain the law and carry into effect its general provisions. Administrative acts are valid only when they are not contrary to the laws and the Constitution INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Sources of laws 4. Judicial decisions or jurisprudence. The decisions of the courts, particularly the Supreme Court, applying or interpreting the laws or the Constitution fromm part of the legal system of the Philippines. The decision of a superior court on a point of law are binding on all subordinate courts. This is called doctrine of precedent or stare decisis. The Supreme Court, however, may reverse or modify any of its previous rulings. Until then, the decisions of the Supreme Court applying or interpreting the laws or the Constitution are “laws” by their own right because they declare what the laws say or mean. Unlike rulings of the lower courts, which bind the parties to specific cases alone, its judgements are applied to all. INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Sources of laws 5. Custom. It is a set of laws based on the traditions, customs, or norms of a local community. It is applied in many countries around the world, often in conjunction with civil, common, and religious legal systems. 6. Other sources. To the previous may be added principles of justice and equity, decisions of foreign tribunals, opinions of textwriters, and religion. They are, however, only supplementary, that is, they are resorted to by the courts in the absence of all the other sources. They are, however, not binding on the courts. INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Rule in cases of doubt in interpretation or application of law “No judge or court shall decline to render judgement by reason of the silence, obscurity or insufficiency of the laws.” Article 9, Civil Code of The Philippines “In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.” Article 9, Civil Code of The Philippines In the Philippines, courts are not only courts of law but also of court of justice. Faced with a choice between a decision that will serve justice and another that will deny it because of a strict interpretation of the law, courts must resolve in favor of the former, for the ultimate end of the law is justice. This is particularly true where what is at stake is the life, liberty, or property of an individual, and more so if he is poor or disadvantaged INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Organs of social control Law is not an end itself, it may be viewd as a means of social control - the control of social behavior that affects others. Legal institutions (both national and local) Churches Corporations Political parties Trade associations Schools Labor unions Professional organizations Social clubs Families INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Law compared with other means of social control 1. Laws are made and administered by the only institutions in society authorized to act in behalf of the entire citizenry 2. Only legal institutions within the society can make rules, regulations, and orders with which the entire citizenry must comply 3. People associated with an organization can ordinarily terminate their relationship and thereby free themselves from the impact of its rules and regulations. 4. The sanctions or techniques of control through law are more varied and complex than techniques available to organization such as churches labor unions, and political parties. 5. Before the law “operates” against an individual, various procedural steps are required.Such steps are commonly referred to as “due process” of INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Organizations of court 1. Regular courts 1.1. Supreme court 1.2. Court of Appeals 1.3. Regional Trial Court 1.4. Metropolitan Trial Court 1.5. Municipal Circuit Trial Court 1.6. Municipal Trial Court 1.7. Shari’a District Courts & Sharia’a Circuit Court INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Organizations of court 2. Special courts 2.1. Sandiganbayan 1.2. Court of Tax Appeals INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Organizations of court 3. Quasi-judicial agencies - its functions are described as “quasi-judicial” because they also involve the settlement of adjudication of controversies or disputes INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Classification of law 1. As to its purpose 1.1. Substantive law - portion of the body of law creating, defining, and regulating rights and duties which may either be public or private in character. 1.2. Adjective law - portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed. INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Classification of law 2. As to its subject matter 2.1. Public law - or the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. (examples: criminal law, international law, administrative law) 2.2. Private law - or the body of legal rules which regulates the relations of individual with one another for purely private ends. (example: law on obligations and contracts, omnibus election ) INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Classification of law 2. As to its subject matter 2.1. Public law - or the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. (examples: criminal law, international law, administrative law) 2.2. Private law - or the body of legal rules which regulates the relations of individual with one another for purely private ends. (example: law on obligations and contracts, omnibus election ) INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Definition of Law on Obligations and Contracts - The law of obligations and contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts Civil Code of the Philippines - is a comprehensive body of laws that govern private relationships between individuals in the Philippines. Consist of four books namely: 1. Persons and Family Relations 2. Property 3. Obligations and Contracts 4. Succession INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Conclusive presumptions of knowledge of the law Ignorance of the law excuses no one from compliance therewith. (Article 3, CIvil Code of the Philippines) Presumption: “Everyone, therefore, is conclusively presumed to know the law.” Reasons for this presumption: 1. If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many 2. Is is impossible to prove the contrary when a person claims ignorance of the law INTRODUCTION OF LAW: THE GENERAL NATURE OF LAW Presumption: “Everyone, therefore, is conclusively presumed to know the law.” Reasons for this presumption: 3. It is absurd to absolve those who do not know the law and increase the obligation of those who know it 4. In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason indicates many times what we have to do and in more complicated juridical relations, there are lawyers who should consulted GENERAL ETHICS Ethics - based on well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. Branches of Ethics 1. Meta-ethics 2. Normative ethics 3. Descriptive ethics 4. Applied ethics GENERAL ETHICS Branches of Ethics 1. Meta-ethics - is the attempt to understand the metaphysical, epistemological, semantic, and psychological, presuppositions and commitments of moral thought, talk, and practice - is consists in the attempt to answer the fundamental philosophical questions about the nature of ethical theory itself. GENERAL ETHICS Branches of Ethics 2. Normative ethics - is the study of what makes actions right or wrong, what makes situations or events good or bad and what makes people virtuous or vicious. - concerned with criteria of what is morally right and wrong. It includes the formulation of moral rules that have direct implications for what human actions, institutions, and ways of life should be like. GENERAL ETHICS Branches of Ethics 3. Descriptive ethics - can be defined as describing and explaining people’s moral attitudes and the moral norms and practices of societies. - is the study of what people believe and do in terms of morality. It is a branch of philosophy that aims to understand people's ethical beliefs without making judgments. GENERAL ETHICS Branches of Ethics 4. Applied ethics - is the study of how to apply ethics to real-world situations. - can be defined as a branch of moral philosophy that attempts to apply ethical principles and moral theories to real-life moral issues. - refers to the discipline of philosophy that attempts to apply ethical theory to real-life situations. REFERENCES De Leon, H. S., De Leon, H Jr. M. (2021). The Law on Obligations and Contracts (12th Edition). Quezon City: Rex Printing Company Inc. Cornell Law School. Retrieved from https://www.law.cornell.edu/ Olah, J. (2024). Natural Law in Ethics. Investopedia. Retrieved from https://www.investopedia.com/terms/n/natural-law.asp Defining Customary Law. Judiciaries Worldwide. Retrieved from https://judiciariesworldwide.fjc.gov/customary-law Civil Code of teh Philippines. Official Gazette. Retrieved from https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/ Philippine Court System. Council of ASEAN Chief Justices. Retrieved from https://cacj-ajp.org/philippines/judiciary/description-of-courts/philippine-court-system/ Substantive Law vs. Procedural Law | Differences & Examples. Study.com. Retrieved from https://study.com/academy/lesson/substantive-law-vs-procedural-law-definitions-and-differences.html Velasquez M., et. al. (2010). What is Ethics? Sta.Clara University.Retrieved from https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/what-is-ethics/ The Three Main Branches of the Philosophical Study of Ethics. University of Massachusetts Amherst. Retrieved from https://people.umass.edu/klement/160/intro-et.pdf Sayre-McCord, G. (2023). Metaethics. Stanford Encyclopedia of Philosophy. Retrieved from https://plato.stanford.edu/entries/metaethics/ THANK YOU