FIRST WEEK - However, we know that not everything permitted by law is

considered morally good. An act is considered legal if it does

a. Discuss In re: Jouaquin Borromeo, 214 SCRA 405, A.M. No.
not contradict any state law, while an act is considered
93-7-696-0, 21 February 1995.
morally good if it it's nature, intention, and circumstances
are all positively good for the person as a person-in-
b. Discuss Department of Education Culture and Sports v. San
community.
Diego, G.R. No. 89572, 21 December 1989

d. Define law (Sanchez Roman).

c. What is law defined by St. Thomas Aquinas? Law (Sanchez Roman)
Law (St. Thomas Aquinas) - “In a strict, legal sense, law is a rule of conduct, just and obligatory,
laid down by legitimate authority for common observance and benefit.”
- "Law is an ordinance of reason promulgated by competent authority
for the sake of common good." 1. It is a rule of conduct
- laws serve as guides of an individual in relation to his
1. A just law is an ordinance of reason fellowmen and to his community.
- a good law must be reasonable; it must be a product of 2. Law must be just
careful and serious deliberation. For ex., the law against - laws, as guides for human conduct, “should run as golden
driving under the influence of alcohol is based on concrete threads through society, to the end that law may approach its
supreme ideal which is the sway and dominance of justice.”
findings that alcohol consumption causes loss of control and
3. It must be obligatory
coordination. - if laws are not enforced, the purpose for which they are
2. A just law is properly promulgated intended will not be served.
- for a law to be effective, it must be clearly communicated to 4. Laws must be prescribed by legitimate authority
all the people concerned. When a school or any organization, - if laws are not prescribed by legitimate authority, the people
for instance,enacts a new sets of policies,they often provides could not be expected to observe them.
students with handbook for them to know, understand and
e. What are the sources of law?
follow these policies.
3. A just law must be decreed by competent authority Law is derived from different sources, namely: (1) legislation; (2)
- Only persons with legitimate authority have the power to precedent; (3) custom; and (4) court decision.
create and implement laws for their respective communities.
1. Legislation
4. A just law ought to be for the sake of common good - upper and lower house (the senate and the congress)
- First of all, it presupposes the promotion of and respect for 2. Precedent
the dignity and freedom of each person. Secondly, it should - stare decisis
foster the social well-being and authentic development of the - the decisions of the court with competent jurisdiction shall
community. Lastly, it should promote true and lasting peace. be binding upon inferior courts
 3. Custom - When the courts declared a law to be inconsistent with the
- Have the force of law only when they are acknowledged and Constitution, the former shall be void and the latter shall
approved by society through long and uninterrupted usage govern.
4. Court Decisions - Administrative or executive acts, orders and regulations
- judicial decisions which apply or interpret the Constitution shall be valid only when they are not contrary to the laws or
and the laws are part of the legal system in the Philippines the Constitution.
but they are not laws.
Doctrine of Stare Decisis g. What are the parts of law? Explain each.
1. Title
- to stand by things decided
- which expresses the subject matter of the law
- once a case has been decided one way, then another case
2. Preamble
involving exactly the same question or point of law should
- that part of the statute following the title and preceding the
be decided in the same manner
enacting clause which states the reasons or the objectives of
the enactment
f. Discuss the hierarchy of laws (Article 7, Republic Act No.
3. Words, Phrases, and Sentences Context
386 or the Civil Code of the Philippines). - the meaning the law should, however, be taken from the
The Constitution – supreme law of the land, it is the basic general consideration of the act as a whole and not from any
single part, portion or section or from isolated words and
paramount law to which all other law must conform and to which all the
phrases, clauses or sentences used
persons, including the highest officials of the land must defer.
4. Punctuation
1. Constitution - It is an aid of low degree in interpreting the language of a
- it was created by the sovereign people through the statute and can never control against the intelligible meaning
ratification process of the written word
2. Statutes 5. Headings and Marginal Notes
- created by the congress - if the meaning of the statute is clear or if the text of the
3. IRRs statute is clear they will prevail as against the headings,
- written by agencies in the Executive branch to put statute especially if the headings have been prepared by compilers
into force and not by legislature
4. Jurisprudence 6. Legislative Definition and Interpretation
- citing a provision of a higher level of law will win over a - if the legislature has defined the words used in the statute
provision of an inferior law and has declared the construction to be placed thereon, such
definition or construction should be followed by the courts
Article 7 of the New Civil Code, RA 386:
- Law are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse
or custom or practice to the contrary.
 SECOND WEEK r. Dicuss Tecson v. COMELEC
a. Discuss Section 1 of Article II of the 1987 Constitution. s. Discuss Poe-Llamanzares v. COMELEC
t. What is a citizenship reacquisition?
Section 1. The Philippines is a democratic and republican State. u. Examples of how Philippine citizenship is lost.
Sovereignty resides in the people and all government authority v. Discuss Section 2 to 5 of Republic Act 9225
emanates from them. w. What is dual citizenship?
x. What is dual allegiance?
b. What does democratic and republican state mean? y. Distinguish dual citizenship from dual allegiance?
z. Discuss Mercado v. Manzano
A republic by definition is a form of government where governing
the country is a matter of public interest instead of the private concern
of a ruling dynasty that inherits its political power from their ancestors
(monarchs). People in power get there through a system that is meant to
include the interests of every citizen.
A democracy is a type of government where all the citizens of the
country have a say in the governance of the country — typically by
majority vote to elect representatives who have their best interests in
mind.

c. What is a State?
d. What are the elements of a State?
e. What is de jure government?
f. What is de facto government?
g. What is the ministrant (propriety) function of the
government?
h. What is the constituent (governmental) function of the
government?
i. Differentiate government and administration.
j. Discuss sovereignty
k. What is citizenship?
l. Who are the citizens of the Philippines? (Section 1, Article 4
of the 1987 Constitution)
m. What are the three distinct modes of acquiring citizenship?
n. What is jus soli?
o. What is jus sangguinis?
p. What is naturalization?
q. Who are natural-born Filipino citizens?