PS115-Introduction To Law.pdf

PS115-Introduction To Law How to Find Laws PRIMARY AUTHORITY – refers to the actual recorded laws and rules to be enforced by the State ○ Laws – legislative actions; codes; statutes ○ Judicial Decisions – Supreme Court – binding; lower courts – merely persuasive...

PS115-Introduction To Law How to Find Laws PRIMARY AUTHORITY – refers to the actual recorded laws and rules to be enforced by the State ○ Laws – legislative actions; codes; statutes ○ Judicial Decisions – Supreme Court – binding; lower courts – merely persuasive ○ Administrative Laws – regulations or decisions by government agencies SECONDARY AUTHORITY – refers to commentaries and annotations which discuss and analyze legal doctrine ○ Textbooks (called commentaries) ○ Scholarly legal writing – including law journal articles ○ Legal encyclopedia, legal dictionaries PARTS OF A LAW (Reading and Understanding a Legislative Enactment) LETTERHEAD - Shows when and during which Congress the law was enacted HOUSE BILL AND SENATE BILL NUMBERS- Refers to the legislative document reference number designated to the House and Senate Bills prior to their enactment into a law LONG TITLE - The formal title of a law which is intended to provide a summarized description of the scope or purpose of the enactment SHORT TITLE - The formal name by which the law is cited and commonly known DEFINITION OF TERMS - Provides the specific meaning of words or phrases for the specific meaning that they have for the purpose of the law BODY - Contains everything that the law prescribes, enforces, regulates, prohibits, or penalizes SEPARABILITY CLAUSE - Provides that the the invalidity or unconstitutionality of any provision of the law will not affect the validity of the remainder REPEALING CLAUSE - Enumerates all previous enactments that are being repealed by the law EFFECTIVITY CLAUSE - Provides when the provisions of the law will take effect SIGNATURES OF THE LEADERS OF CONGRESS - An attestation that the law has received, in due form, the sanction and the approval of the Legislature CERTIFICATION OF THE SECRETARIES OF BOTH HOUSES OF CONGRESS - Certifies that such law is the one that has received the approval of both Houses ofCongress SIGNATURE OF THE PRESIDENT- Signifies the approval of the President of the enactment, and shows when the same was approved PARTS OF A CASE Name of the Court  Title of the Action Case/Docket Number Decision Date Ponente Statement of the Case Body Ratio Decidendi/Reason for the Decision Dispositive Portion Signature of Ponente Attestation Certification World’s Legal Systems 1. Mesopotamian Legal System 2. Anglican Legal System 3. Egyptian Legal System 4. Romanesque Legal System 5. Hebrew Legal System 6. Ecclesiastical Legal System 7. Chinese Legal System 8. Maritime Legal System 9. Greek Legal System 10. Slavic Legal System 11. Roman Legal System 12. Keltic Legal System 13. Japanese Legal System 14. Mohammedan Legal System ROMAN LAW Roman law is the body of rules and principles adopted to guide the Romans in the conduct or observance of their personal and official affairs without necessarily specifying the period or the time when those rules were adopted or promulgated. Common Roman Law Maxims: Ignorantia legis non excusat - ignorance to the law does not excuse no one Dura lex sed lex- the law may be harsh, but it is still the law Cessante ratione cessat ipsa lex - the reason of the law ceasing, the law ceases to exist Patria protesta- paternal authority Negotiorum gesto - unauthorized negotiation Re perit domino - the thing perishes with the owner  Jus possidendi - the right to possess Ju abutendi - right to abuse Nulla poena sine lege - there is now crime when there is no law punishing it ANGLICAN OR COMMON LAW An unwritten law which does not emanate from the express will of the legislature but is founded on maxims, rules, and principles derived from the time-honored usages and customs. Common law is derived from case law and books of authority. MOHAMMEDAN LAW Observed by Muslims in Mindanao provided that it does not contrast the general law of the land. Law and its Application In case of silence, obscurity, or insufficiency of the laws, a judge may still be guided with the following: 1. Customs which are not contrary to law 2. Court decisions, foreign or local, in similar cases 3. Legal opinions of qualified writers or professors 4. General principles of justice and equity 5. Rules of Statutory Construction Exception: Criminal Cases Nulla Poena Sine Lege = There is no crime when there is no law punishing it Interpretation of Laws It is the duty of the judge to apply the law without fear or favor. (Art. 10, NCC) In case of doubt in the interpretation or application of the laws, it is presumed that the lawmaking body intended right and justice to prevail. Basic Rules: 1. When the law is CLEAR and UNMISTAKABLE, there is no need to interpret any further; 2. When interpretation or construction is necessary, the court should interpret the law according to the meaning the legislature intended to give it 3. If there are two possible interpretations, that which will achieve the ends desired by Congress should be adopted 4. In case of doubt and when all other rules of statutory construction fail, it is presumed that the lawmaking body intended right and justice to prevail. Statutory Construction The act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law. Statutory Construction vs. Interpretation One must INTERPRET first, before he CONSTRUES. “We must interpret not by the letter that killeth, but by the spirit that giveth life.” One who interprets makes use of intrinsic aids or those found in the statute itself. On the other hand, one who construes makes use of extrinsic aids or those found outside the written language of the law. INTRINSIC AIDS are any of the following: title, preamble, words, phrases and sentences context, punctuations, headings and marginal notes, legislative definitions and interpretations clauses. ALL OF THESE ARE FOUND IN THE LAW ITSELF. EXTRINSIC AIDS may consist of contemporaneous circumstance, policy, legislative history of the law, practical construction, legislative construction, judicial construction, executive construction, and construction by the bar and legal commentators. CONSTRUCTION AND INTERPRETATION: WHEN IS IT NECESSARY? 1. When the language of the statute is ambiguous, doubtful, or obscure when taken in relation to a set of facts; 2. When reasonable minds disagree as to meaning of the language used. WHEN IS IT NOT NECESSARY? When the law speaks in CLEAR and CATEGORICAL language. A.M. No. RTJ-04-1868 - Request of Judge Gustilo that the 25% grant of the special allowance for judges be included in the computation of his retirement benefits. Who interprets the law and who determines legislative intent? Judiciary through the Supreme Court. Take note: When the language of the law is clear and unequivocal, the court’s duty is to apply it, not to interpret it, The LegalProfession Qualifications for Admission to the Practice ofLaw Must be a Filipino citizen He must be at least 21 years old Resident of the Philippines He must have completed a Bachelor of Laws or Juris Doctor degree Good moral character (no charges involving moral turpitude)  He must pass the Bar Examination Take the Oath Sign the Attorney’s Roll Continuing Requirements Be a member of the IBP; Regularly pay all IBP dues and other lawful assessment; Observe faithfully the rules and ethics of the profession; Subject to judicial disciplinary control. THREE FAILURE RULE Candidates who failed the Bar Examinations for three times shall be disqualified unless they enrolled and passed another regular fourth year classes and pre-bar review course. Practice of Law (Cayetano v. Monsod) Practice of law includes any activity which requires application of law or knowledge of the law, whether said activity takes place in or outside of the courtrooms. FOUR Duties of a Lawyer To the society, to the courts, to the bar,to the client DISCIPLINARY AUTHORITY OVER LAWYERS Deceit Malpractice Grossly immoral conduct Conviction of a crime involving moral turpitude Willful disobedience to the SC Student Practice Rule A law student can appear without compensation in any civil, criminal, or administrative case under the Law Student Practice Rule. Subject to supervision and control of a member of IBP The student must have successfully completed his third year and current enrolled in a recognized law school’s Clinical Education Program  Any pleading, motion, memoranda, brief or other papers must be signed by the supervising attorney The supervising attorney should be physically present during the hearing. Code of Professional Responsibility Good moral character is not only a requisite to admission to the practice of law, but it is a continuing condition to remain as a member of the legal profession. Lawyer-Client Relationship A lawyer client relationship is established once a lawyers sought, in his professional capacity, for legal advice and/or assistance. The relation of attorney and client is one of trust and confidence of the highest order. Juan and Atty. D are childhood friends. They have shared stories about each other ever since. One day, while they were having coffee at a Starbucks, Juan confided to Atty. D about his failing marriage and asked about the process for ling an annulment case against his wife. Did an attorney-client relationship arise between Juan and Atty. D? There is an attorney-client relationship because from the moment Juan approached Atty. D to seek legal advice and when Atty. D gave such advice, a lawyer-client relationship evolved between the two. Labor Law and Social Legislation Protection-to-Labor Clause Article XIII, Section 3 of the 1987 Constitution affirms that, "The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment opportunities for all. It shall guarantee the rights of all workers to self- organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work and a living age.xxx" Basic Rights of Workers The 1987 Constitution enumerates the guaranteed basic rights of workers, namely: (1) to organize themselves; (2) to conduct collective bargaining or negotiation with management; (3) to engage in peaceful concerted activities, including to strike in accordance with law; (4) to enjoy security of tenure; (5) to work under humane conditions; (6) to receive a living wage; (7) to participate in decision-making when it affects their rights Declaration of Basic Policy The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employees. The State shall ensure the right of workers to self-organization, collective bargaining agreement, security of tenure, and human conditions of work. Construction in favor of Labor All doubts in the implementation and interpretation of the provisions of this code, including its IRR, shall be resolved in favor of labor. Labor Law Laws that govern the rights and obligation of employers and employees, providing as well for the rules by which such rights and obligations may be enforced. Labor Standards Law - The workers employees working conditions, wages, health and safety, termination and retirement are covered by the Labor Code particularly under this law. Labor Relations Law – Governs the relationship between the employer and employees, promotes the right of employees to self-organization and collective bargaining, penalizes unfair labor practice, among others. Social Legislation Includes all laws that provide particular kinds of protection or benefits to the society, in furtherance of social justice. Employer-Employee Relationship 1. Employment Contract 2. Under the control test, an employer-employee relationship exists where the person for whom the services are performed reserves the right to control not only the end achieved, but also the manner and means to be used in reaching that end. What is the proper remedy if an employee has been fired without just cause? BASIC CONCEPTS UNDER THE 1987 CONSTITUTION A. DECLARATION OF PRINCIPLES AND STATE POLICIES Republican State The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. (Sec. 1, Art. II, 1987 Constitution) A state wherein all government authority emanates from the people and is exercised by representatives chosen by the people. (Dissenting Opinion of Justice Puno, Tolentino v. COMELEC, G.R. No. 148334, 21 Jan. 2004) Manifestations of Republicanism 1. Ours is a government of Laws and not of men. 2. Rule of Majority (Plurality in elections) 3. Accountability of public officials 4. Bill of Rights 5. Legislature cannot pass irrepealable laws 6. Separation of Powers State Policy on War The State renounces war as an instrument of national policy. (Sec. 2, Art. II, 1987 Constitution) NOTE: The Philippines does not renounce defensive war because its duty is to defend its citizens. Under the Constitution, the prime duty of the government is to serve and protect the people. (Secs. 2 and 4, Art. II, 1987 Constitution) Voting requirements to declare the existence of a state of war 1. 2/3 vote of both Houses 2. In joint session 3. Voting separately (Sec. 23 (1), Art. VI, 1987 Constitution) Constitutional provision on transparency in matters of public concern The 1987 Constitution provides for a policy of transparency in matters of public interest: 1. Policy of full public Disclosure of government transactions (Section 28 Article II, 1987 Constitution) 2. Right to Information on matters of public concern. (Sec. 7, Art. III, 1987 Constitution) 3. Access to records and books of account of the Congress. (Sec. 20, Art. VI, 1987 Constitution) 4. Submission of Statement of Assets, Liabilities, and Net worth (SALN). (Sec. 17, Art. XI, 1987 Constitution) NOTE: These provisions on public disclosures are intended to enhance the role of the citizenry in governmental decision-making as well as in checking abuse in government. (Valmonte v. Belmonte, G.R. No. 74930, 13 Feb. 1989) Separation of Church and State Provisions of the Constitution that support the Principle of Separation of Church and State: 1. No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. (Sec. 5, Art. III, 1987 Constitution) B. SEPARATION OF POWERS Doctrine of Separation of Powers Legislation belongs to the implementation to the executive, and settlement of legal controversies and adjudication of rights to the judiciary. Each department has exclusive cognizance of and is supreme in matters falling within its own constitutionally allocated sphere. Each is therefore prevented from invading the domain of the others. Purposes of Separation of Powers 1. Secure action; 2. Forestall over-action; 3. Prevent despotism; and 4. Obtain efficiency. (Nachura, 2014) C. FUNDAMENTAL POWERS OF THE STATE The following are the fundamental/inherent powers of the state: 1. Police Power - Police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property. It is the most pervasive, the least limitable, and the most demanding of the three fundamental powers of the State. As an inherent attribute of sovereignty which virtually extends to all public needs, police power grants a wide panoply of instruments through which the State, as parens patriae, gives effect to a host of its regulatory powers. The power to “regulate” means the power to protect, foster, promote, preserve, and control, with due regard for the interests, first and foremost, of the public, then of the utility 2. Power of Eminent Domain – Eminent domain is the right or power of the sovereign state to appropriate private property to use it for public welfare. It is an indispensable attribute of sovereignty. Conditions for the exercise of the Power of Eminent Domain: a. Taking of private property; b. For public Use; c. Just Compensation; and d. Observance of due process 3. Power of Taxation - Taxation is the power by which the sovereign, through its law-making body, raises revenue to defray the necessary expenses of government. It is merely a way of apportioning the costs of government among those who, in some measure, are privileged to enjoy its benefits and must bear its burdens. D. LEGISLATIVE DEPARTMENT Legislative Power (P-E-A-RL) The power or competence to Propose, Enact, Amend, or Repeal Laws. It is vested in the Congress which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Sec. 1, Art. VI, 1987 Constitution) Rule on Presidential Veto GR: If the President disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to veto separate items of a bill. (Sec. 27(1), Art. VI, 1987 Constitution) XPN: Item-veto is allowed in case of Appropriation, Revenue, and Tariff bills (Sec. 27(2), Art. VI, 1987 Constitution) E. EXECUTIVE DEPARTMENT The President is both the head of State and head of government; hence, executive power is exclusively vested on him. (Sec. 1, Art. VII, 1987 Constitution) EMERGENCY POWERS In times of war or other national emergency, the Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon its next adjournment. (Sec. 23(2), Art. VI, 1987 Constitution) MILITARY POWERS Scope of the President’s Commander-in-Chief Powers Absolute authority over the persons and actions of the members of the armed forces. The President as Commander-in-Chief can prevent the Army General from appearing in a legislative investigation and, if disobeyed, can subject him to court martial. (Gudani v. Senga, G.R. No. 170165, 15 Aug. 2006) F. JUDICIAL DEPARTMENT Judicial Power - It is the duty of the courts of justice to settle actual controversies involving rights, which are legally demandable and enforceable and to determine whether or 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. (Sec. 1(2), Art. VIII, 1987 Constitution) Body vested with judicial power. It is vested in one Supreme Court and such lower courts as may be established by law. (Sec. 1, Art. VIII, 1987 Constitution) Judicial Review - The power of the SC to determine the constitutionality of a law, treaty, ordinance, presidential issuance or other governmental acts. G. CONSTITUTIONAL COMMISSIONS Independent Constitutional Commissions: 1. Civil Service Commission (CSC) 2. Commission on Elections (COMELEC) 3. Commission on Audit (CoA) NOTE: The CSC, COMELEC, and COA are equally pre- eminent in their respective spheres. Neither one may claim dominance over the others. In case of conflicting rulings, it is the judiciary, which interprets the meaning of the law and ascertains which view shall prevail. (CSC v. Pobre, G.R. No. 160508, 15 Sept. 2004) NOTE: Functions are executive in nature, but are not under the jurisdiction of the Philippine President. Guarantees of Independence provided for by the Constitution to the 3 Commissions 1. They are constitutionally-created; may not be abolished by statute of its judicial functions. (Sec. 1, Art. IX-A, 1987 Constitution) 2. Each is conferred certain powers and functions which cannot be reduced by statute. (Art. IX-B, C, and D, 1987 Constitution) 3. Each is expressly described as independent. (Sec. 1, Art. IX-A, 1987 Constitution) 4. Chairmen and members are given long terms of office for seven (7) years. (Sec. 1(2), Art. IX- B, C, and D, 1987 Constitution) 5. Chairmen and members cannot be removed except by impeachment. (Sec. 2, Art. IX, 1987 Constitution) 6. Fiscal autonomy. (Sec. 5, Art. IX-A, 1987 Constitution) H. BILL OF RIGHTS It is a set of prescriptions setting forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. The Bill of Rights governs the relationship between the individual and the State. Its concern is not the relation between private individuals. What it does is to declare some forbidden zones in the private sphere inaccessible to any power holder. (People v. Marti, G.R. No. 81561, 18 Jan. 1991) Due Process Clause No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (Sec. 2, Art. III, 1987 Constitution) Concept of Equal Protection of Laws All persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. It guarantees equality, not identity of rights. It does not forbid discrimination as to persons and things that are different. What it forbids are distinctions based on impermissible criteria unrelated to a proper legislative purpose, or class or discriminatory legislation, which discriminates against some and favors others when both are similarly situated. Non-Establishment Clause. No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. (Sec. 5, Art. III, 1987 Constitution) The non-establishment clause means that the State cannot set up a church, nor pass laws which aid religion or prefer one religion over the another, nor force nor influence a person to go or remain away from church against his will or force him to profess a belief or disbelief in any religion, etc. In Engel v. Vitale, 370 U.S. 421, known as the “School Prayer Case”, the recitation by the students in public school in New York of a prayer composed by the Board of Regents was held unconstitutional. (Nachura, 2015) The Government is neutral. While protecting all, it prefers no one, and it disparages none. Free Exercise Clause. The Free Exercise Clause affords absolute protection to individual religious convictions. However, the government is able to regulate the times, places, and manner of its exercise. Aspects of freedom and enjoyment of religious profession and worship: 1. Right to believe, which is absolute. The individual is free to believe (or disbelieve) as he pleases concerning the hereafter. He may indulge his own theories about life and death; worship any god he chooses, or none at all; embrace or reject any religion; acknowledge the divinity of God or of any being that appeals to his reverence; recognize or deny the immortality of his soul – in fact, cherish any religious conviction as he and he alone sees fit. However absurd his beliefs may be to others, even if they be hostile and heretical to the majority, he has full freedom to believe as he pleases. He may not be required to prove his beliefs. He may not be punished for his inability to do so. (Iglesia ni Cristo v. CA, G.R. No. 119673, 26 July 1996) 2. Right to act on one’s belief, which is subject to regulation. Where the individual externalizes his beliefs in acts or omissions that affect the public, his freedom to do so becomes subject to the authority of the State. As great as this liberty may be, religious freedom, like all the other rights guaranteed in the Constitution, it is limited and subject to the police power of the State and can be enjoyed only with proper regard to the rights of others.