PHYLOSOPHY OF LAW

CHAPTER 1. LAW, ITS CONCEPT AND CLASSIFICATION

1. LAW
(a) In broadest sense, any rule of action applicable to all kinds of
conduct and to all objects of creation.
(b) In legal sense, a rule of conduct, just and obligatory, and imposed
by legitimate authority for common observance and benefits.
2. ELEMENTS OF LAW
(a) It is a rule of conduct guide of i
ndividual in relation to his fellowmen and community.
(b) Law must be just it must be fair and impartial.
(c) Obligatory it must be enforced to its entire subject.
(d) Prescribe by legitimate authority the government chosen by
the people.
(e) Ordain for common benefit it must serve the general welfare of
the majority. The welfare of the people is the supreme law salus
populi est suprema lex

(c) Custom Custom have the force only when they are acknowledge
and approved by society through long and uninterrupted usage.
(d) Court Decision are not law but part of the legal system of the
Philippines. It is an evidence of the meaning and interpretation of laws.
stare decisis once a case has been decided one way, then
another case involving exactly the same question should be decided in
the same manner.
7. REQUIREMENTS BEFORE COURTS CONSIDER CUSTOM:
(a) A custom must be proved as a fact according to rules of
evidence. (Requirements before an evidence can be accepted by
court)
(b) The custom must not contrary to law.
(c) There must be a number of repeated acts, and the acts must have
been uniformly performed.
(d) There must be a judicial intention to make a rule of social
conduct.
(e) The custom must be acknowledge and approved by the society
through long and uninterrupted usage.

16. BASIC RULES OF STATUTORY CONSTRUCTION

(1) When the law and its meaning is clear and unmistakable, there is
no need to interpret it any further,
(2) When the construction or interpretation 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 of a law, that which will
achieve the end desire of Congress should be adapted,
(4) Laws of pleading, practice and procedure are liberally construed in
order to promote their object and to assist the partied in obtaining just,
speed and inexpensive determination of every action and proceeding,
(5) In case of doubt in the interpretation and application of laws and
when all other rules of statutory construction fail, it is presumed that
the lawmaking body intended right and justice to prevail.

(4) CONTEMPORANEOUS OR PRACTICAL CONSTRUCTION

(5) LEGISLATIVE CONSTRUCTION
(6) JURIDICAL CONSTRUCTION
(7) CONSTRUCTION BY THE BAR AND LEGAL COMMENTATORS

17. CONSTRUCTION AND INTERPRETATION

Both have the same purpose to ascertain and give effect to the intent
of the legislature. But interpretation uses INTRINSIC AID while
construction uses EXTRINSIC AID.

25. WHO INTERPRET THE LAW, WHO DETERMINE LEGISLATIVE

INTENT
THE JUDIACIARY
* SUPREME COURT is the highest judicial organ
* its decision is definite and authoritative and binding in lower ranks in
judicial hierarchy.

3. CLASSIFICATION OF LAW
(a) Natural Law derives its force and authority from God.

CHAPTER 2. WORLDS LEGAL SYSTEM

18. ONE MUST INTERPRET FIRST BEFORE HE CONTRUE

The permanent underlying basis of all law. The philosophers of ancient Greece,
where the idea of natural law originated, considered that there was a kind of
perfect justice given to man by nature and that man's laws should conform to
this as closely as possible. (Oxford Dictionary of Law)

8. THREE PREVAILING LEGAL SYSTEMS

(a) Roman Law rules and principles adapted by the Romans that
evolved from religious tenor (Jus Quiritium) to civil code (Jus Civile)
(b) Common Law Unwritten law, founded on maxim, rules, and
principles derived from time-honored usages and customs which
received acceptance from the courts of law.
(c) Mohamedian Law being observed by Muslim in Mindanao.
Derived principally in Koran and writings of Islamic Jurist.

19. INTRINSIC AIDS (CAN BE FOUND IN LAWS ITSELF)

(1) Title
(2) Preamble
(3) Words
(4) Phrases and sentences context
(5) Punctuations
(6) Headings and marginal notes
(7) legislative definition and interpretation chances

9. VALUE AND IMPORTANCE OF ROMAN LAW

Numerous maxims and principles based on Roman law are
continuously being used by law professors and law practitioners.

20. EXTRINSIC AIDS (CAN BE FOUNDOUTSIDE THE WRITTEN

LANGUAGE OF LAW)
(1) contemporaneous circumstances
(2) policy
(3) legislative history of statutes
(4) contemporaneous or practical construction
(5) legislative construction
(6) juridical construction
(7) construction by the bar and legal commentators

(b) Positive Law body of law imposed by the state.

4. KIND OF NATURAL LAW

(a) Physical Law universal rule of action that governs the conduct
and movement of things which are non-free and material. (Law of
Gravity)
(b) Moral Law set of rules which establishes what is right and what is
wrong as dictated by human conscience and as inspired by eternal
law.
(c) Divide Law
(1) Divine Positive Law (i.e. Ten Commandments)
(2) Divine Human Positive Law (i.e. Commandments of the church)
5. KIND OF POSITIVE LAW
(5.1) PUBLIC LAW law that deals with the constitution and functions
of the state, the relationship between individuals and the state, and
relationships between individuals that are of direct concern to the state.
It includes constitutional law, administrative law, tax law, and criminal
law.
(a) Constitutional Law fundamental law of the land which defines
the powers of the government.
(b) Administrative Law regulates the methods by which the
functions of government are performed.
(c) International Law rules that regulates the community of nations.
(5.2) PRIVATE LAW law that deals with relationships between
individuals that are of no direct concern to the state. It includes the law
of property and of trusts, family law, the law of contract, mercantile law
(a) Substantive Private Law rules which declare legal relation of
litigants.
(b) Procedural or Adjective Private Law the means and methods
of setting the courts in motion.
6. SOURCES OF LAW
(a) Legislation the process of writing of passing of law by the
legislative branch of government.
(b) Precedent the past decisions of court is an authority that must be
followed by other courts of equal or inferior jurisdiction in the same
question or case until the same is overruled by the Supreme Court.

10. THREE PERIODS OF ROMES POLITICAL HISTORY

(a) Monarchy (753-509BC) earliest time to abolition of kingship.
(b) Republic (509-31BC) abolition of monarchy to unification of Italy.
(c) Empire (31BC 1453AD) breakdown of old republic to capture of
the empire by the turks.
11. BLENDING OF LEGAL SYSTEMS IN THE PHILS.
Civil Code is basically Roman in origin. Procedural Laws are
influenced by American Law. Mohamedan Laws are still being
observed by Filipino Muslim.

21. INTRINSIC AIDS (CAN BE FOUND IN LAWS ITSELF)

(1) TITLE - express the subject matter; do not control the content.
(2) PREAMBLE state the reason or objective of the enactment;
cannot change or confer powers or cure inherent defect of statutes.
(3) WORDS, PHRASES AND SENTENCES CONTEXT the intention
of the legislature must be primarily be determine from the language of
status. Language consists of words, phrases and sentences. The
meaning must be taken from the acts as a whole not from any single
part, portion, or section, or from isolated words, phrases, clauses or
sentences.
(4) PUNCTUATIONS it may be used as an additional argument for
adapting a literal meaning of words.
(5) HEADINGS AND MARGINAL NOTES Headings: words prefixed
to sections of statutes. They are treated in the same way as preamble
and may be used to assist in resolving ambiguity (oxford dictionary);
Marginal note: connotation, footnote.
(6) LEGISLATIVE DEFINITION AND INTERPRETATION definition of
words w/in the law; Interpretation: construction declared w/in the law;
Such definition and construction should be followed by the courts.

CHAPTER 3. LAW AND ITS APPLICATION

12. COURTS DUTY TO DECIDE EVERY CASE
Civil Code, Art 9. No judge of court shall decline to render judgment by
reason of silence, obscurity, or insufficiency of law.
13. GUIDE OF JUDGE IN CASE OF SILENCE, OBSCURITY, OR
INSUFFICIENCY OF THE LAW
(a) Custom
(b) Court decision
(c) Legal opinion
(d) General principle of JUSTICE and EQUITY
(e) Rules of statutory construction
14. NULLA POENA SINE LEGE
There is no crime when there is no law punishing it.

22. EXTRINSIC AIDS (CAN BE FOUNDOUTSIDE THE WRITTEN

LANGUAGE OF LAW)
(1) CONTEMPORANEOUS CIRCUMSTANCES (2) POLICY
(3) LEGISLATIVE HISTORY OF STATUTES

15. IN CASE OF DOUBT IN INTERPRETATION

Civil Code, Art 12 In case of doubt in interpretation, it is presume that
the law making body intended right an justice to prevail.
1

23. WHEN TO INTERPRET

(a) when the language is ambiguous, doubtful or obscure (hard to
understand).
(b) when minds disagree as to the meaning of the language used.
24. WHEN NOT TO INTERPRET AND CONSTRUCT
(a) When the law speaks in clear and categorical language
Categorical leaving no room for doubt, question or contradiction.
The duty of the court is to apply the law not to interpret it.

26. WHAT IF THE LETTER OF THE LAW CONFLICTS WITH ITS

SPIRIT WHICH PREVAIL?
THERE ARE TWO SCHOOL OF THOUGHT
(1) SPIRIT OF THE LAW Art 10 of the Civil Code in case of doubt
in the application and interpretation of law, it is presumed that the law
making body intended right and justice to prevail.
(2) LETTER OF THE LAW It is dangerous to rely on the so-called
spirit of the law which we cannot handle and about which we do not
know very much.
27. RULES FOR
CHAPTER IV- THE LEGAL PROFESSION AND THE
QUALIFICATIONS AND PROCEDURE FOR ADMISSION TO THE
PRACTICE OF LAW
28. QUALIFICATION FOR ADMISSION TO PRACTICE LAW
(a) Admission Requirement b\Before Admission to the Bar
(b) Requirement After Admission to the Bar
29. REQUIREMENT BEFORE ADMISSION TO THE BAR
(1) Citizenship: Citizen of the Philippines
(2) Age: Atleast 21 years old
(3) Residence: Philippines
(4) Educational Qualification:
(a) Degree in Arts or Science
(b) With subjects as major or field of concentration of the ff:
(Political Science, Logic, English, Spanish, History, and Economics)
(c) Bachelor of Laws Degree in school recognized by Secretary of
Education.
(5) Moral and Other Qualification:
(a) Good moral character
(b) No charges or pending charges in the Phil. Court involving
moral turpitude (immorality).
(6) Bar Examination: General Average of 75%
15 % Civil Law
10% Labor and Social Legislation
15% Political and International Law
10% Taxation
20% Remedial Law
5%
Legal Ethics and Practical Exercises
Mercantile Law (?)
Criminal Law (?)
(7) Oath before the Supreme Court

(8) Attorneys Roll

(a) Sign the roll of attorneys
(b) Receive certificate of license to practice from Supreme Court
30. REQUIREMENTS AFTER ADMISSION TO THE BAR
(1) Membership to IBP
(2) Regular Payment of IBO dues and other lawful assessment
(3) Faithful observance of rules and ethics of profession

(1) deceit
(2) malpractice or other gross misconduct in office
(3) grossly immoral conduct
(4) crime involving moral turpitude
(5) violation of oath
(6) willful disobedience of any lawful order or superior court
(7) corruptly or willfully appearing as such attorney for a party to a case
w/o authority to do so.

31. PURPOSE OF IMPOSING THE REQUIREMENTS

To see to it that those admitted to the practice of law are mentally and
morally fit to discharge their duties.

Malpractice: the practice of soliciting cases at law for the purpose of

gain, either personally or through paid agents or brokers
constitute malpractice.

32. PROCEDURE FOR ADMISSION

(1) The Supreme Court will appoint a Committee of Bar Examiner
composed of:
(a) 1 Justice of Supreme Court will serve as chairman with a
term of 1 year;
(b) 8 members of the bar will hold office for one year
* name of Committee Members shall be publish in each volume of
Official Report
(2) The Chairman shall designate the days of examination (4 days) that
will be held annually at the City of Manila.
(3) The distribution of subject will be as follows:
Day 1 AM Political and International Law (15%)
PM Labor and Social Legislation (10%)
Day 2 AM Civil Law (15%)
PM Taxation (10%)
Day 3 AM Mercantile Law
PM Criminal Law
Day 4 AM Remedial Law (20%)
PM Legal Ethics and Practical Exercises (5%)
(4) Not later the Feb 15Th after the examination, the Committee shall
file its report on the result of examination.
Examination paper and notes of committee shall be filed with the clerk.
Parties in interest may examine after the Court approved the report.
(5) Passing grade will be 75% in all subject (GWA) w/o failing below
50% in any subject.

39. PROCESS OF DISCIPLINARY ACTION

(1) The Court of Appeal (CA) or Regional Trial Court (RTC) may
suspend an attorney for causes named aboved.
Such attorney shall not practice his profession until further action of the
Supreme Court (SC).
(2) Upon such suspension, the CA or RTC shall submit to the SC a
certified copy of order of suspension and full statement of facts.
(3) Upon receipt such information, the SC shall make full investigation,
and such order revoking or extending the suspension or removing the
attorney from his office.
No attorney shall be remove or suspended until he has had full
opportunities upon reasonable notice to answer the charges against
him, to produce witnesses in his behalf or to be held by himself or
counsel.
But upon reasonable notice he fails to appear and answer the
accusation, the Court may proceed to determine the matter ex pate.

33. CONSEQUENCE OF FAILURE (3X)

Disqualification from taking the exam, unless they:
* enrolled in and passed regular 4th year classes
* attended a pre bar review
* certificate under oath from the professor of review classes that:
> the student regularly attend classes,
> the student passed the subject under the same condition as
ordinary students,
> the ratings obtained by student.

41. IBP, DEFINITION

The official unification of all lawyers in the Phils.

34. PRACTICE OF LAW IS MORE A PRIVILEGE THAN A RIGHT

Privilege for those who passed standard of moral and mental fitness.
35. PRACTICE OF LAW IS A PROCESSION AND NOT A
BUSINESS
* Laws is not a capital that yields profits.
* Membership in legal profession is achieve only after a long and
laborious study.
36. DUTIES OF A LAYER
37. LAWYERS COMPENSATION
A written contract for services shall control the amount to be paid
therefor unless found by the court to be unconscionable or
unreasonable.
38. CAUSES OF DISCIPLINARY ACTION

O
O
O
O
O
O
O
O

40. INTEGRATED BAR OF THE PHILIPPINES

Ordination date: Jan 16, 1973
Ordain by: SC
Governing/Regulating Body SC based on 1987 Constitution:
Sec 5. The Supreme Court shall have the ff powers:
(5) Promulgate rules concerning the protection and enforcement of
Constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, IBP

LEGAL BASIS AND CONSTITUTIONAL BASES

the inherent power of the Supreme Court to regulate the Bar includes
the authority to inherent the bar.
42.
43.
O
O
O
O
O
O
O

S
ROMANS MAXIMS
Ignoratia legis non excusat ignorance of the law excuses no one
Nulla poena sine lege There is no crime when there is no law
punishing it.
Dura lex sed lex the law may be harsh, but it is still the law.
Salus populi est suprema lex The welfare of the people is the
supreme law.
Solutio indebiti Unjust enrichment.
Aedificum solo credit The building follows the land.
Accessorium siquitur pricipale Land is always principal.

O Cessante ratione cessat ipsa lex when the reason for the law
ceases, the law ceases also to exist.
O Sic utere tuo ut alienum non laedas the owner of a thing cannot
make use thereof in such a manner as to injure the rights of third
person.
O Patria potesta Parenntal authority
O Negotiorum gestio Unauthorize management.
O Res perit domino The thing perishes with the owner.
2

Jus possidendi The right to possess.

Jus abutendi The right to abuse.
Jus utendi The right to use.
Jus fruendi The right to the fruits.
Jus disponendi The right to dispose.
Jus vendicandi The right to recover.
Caveat emptor Buyers beware.
Nullum tempus occurit regi Time runs not against the sovereign