PHILOSPHY OF LAW MIDTERM  ISLAMIC/SHARIAH LAW- is based on the

moral precepts of Islam.

I. WHAT IS PHILOSOPHY OF LAW
1. Concepts of Law  Non-Jural/Meta-legal law- anchored on
LAW- is a rule of conduct, just, obligatory, and human promulgation such as divine law,
formulated by legitimate power for common natural law and physical law.
observance and benefit. -concerns of theologians, scientist and
physicists.
Aquinas- law is an ordinance of reason ordered  Divine law- sacred writings such as
towards the common good, promulgated by him Qur’an/Bible
who has charge of the community.  Natural law- law of human nature
a. Elements of Law based on the demands of the society.
1. reasonable ordinance  Physical law- mechanical laws of the
2. for the common good universe. (law of gravity, Newtonian
3. promulgated mechanics, Einstein’s law of
4. legitimate authority relativity)
2. Concept of Philosophy
b. Classification of Law PHILOSOPHY- means ‘love of wisdom’
 Jural/Human Law- refers to sanctioned or -seek to understand fundamental
enacted law such as statutes, case laws, truths about themselves, the world which
normative rules and precepts. they live in, and their relationship to the
-concern of lawyers world and to each other.
 Substantive law- establishes rights, 3. Philosophy of Law- also called
duties, and corollary prohibitions. jurisprudence, branch of philosophy that
 Remedial/procedural/adjective law- investigates the nature of law, especially in
manner of administering, enforcing, its relation to human values, attitudes,
appealing, amending, using legal practices and political communities.
rights and claims. 4. Legal Philosophy School of Thought
a. The Teleological or Natural Law Theory
SCOPE of LAW -looks into principles, purpose and end of
 Public/ Political law- concerned with law.
the structures of government, -what the law is ought to be
relationship of an individual with the -normative jurisprudence
state -Believes that the law serves a higher
 Private Law- concerned with rules universal order based on natural order
governing relationship of individuals which we can discover through our
 Criminal Law- violation of public common human reason and validated by
order through punishable acts or human experience.
omissions -establishes an integral partnership
 Civil Law- rules of civility such as on around law and morality.
property, marriage, succession, -the Philippines civil code acknowledges
contracts and torts or private wrongs the existence of natural rights.
that results in damages. -Art19 of Civil Code “every person must,
 Mercantile Law- artificial in the exercise of his rights and in the
personalities such as corporations performance of his duties, act with
and management of business, justice, give everyone his due, and
regulates commercial transactions. observe honesty and good faith.”
 CIVIL CODE SYSTEM- legal system based on JOHN FINNIS- developed the central case approach
coded laws through parliamentary statutes in evaluating the law.
such as Code of Hammurabi or the
Babylonian Law Code, Justinian Code or -the focus and center of law are those ideal cases
Roman Law Code. where natural rights to basic human goods are
 COMMON LAW SYSTEM- based on case law served.
or judge-made law that relies on the -central case vs. peripheral case (underdeveloped)
precedents set by judges in a court case.
NATURAL LAW and NATURAL RIGHTS -questions the law’s assumptions, such
as the assumption that the people are
7 basic goods natural to man life
free, and that the market is free.
-life, knowledge, play, aesthetic experience,
MARXISTS- the law’s judgments and values serve
sociability, practical reasonableness, religion
the dominant paradigm, while disregarding the real
b. Legal Positivism/Positivist Theory conditions of the people.
-we follow the law because it is the law,
f. Historical Approach
period.
-holds that law has a past and
-what the law ‘posits’ by the authority
progression. It develops in a gradual and
give to the State or by socially accepted
evolutionary process and cannot be
rules.
separated from its national or indigenous
-also known as command theory
character.
-obedience to the content and
-how the law originated
expression of the law.
-law is a product of national genius
-dura lex, sed lex (the law is hard, but
that is the law)
g. Functional or Sociological Approach
-quod principi placuit legis habet vigorem
-law is both a means of social control and
(whatever pleases the prince has the
social advancement.
force of law)
-law as measure for behavioural
-analytic jurisprudence
conformity and social engineering.
-law for what it is
-justifies ‘judicial activism’ and ‘judicial
-rule of law
legislation’
c. Interpretivist/Constructivist Theory
-functional where every cell has different
-law is more than explicitly adopted rules
functions to maintain healthy organism
-it has merits or principles behind them
so that each one’s different pursuit are
that can be interpreted or constructed by
good to the whole society.
the courts
h. The Utilitarian Approach
-rights-based, pro-active construction of
the law
i. Economic Approach
-there are correctible issues on what the
law should be -economic jurisprudence
DWORKIN- thought principles and rights are not -law appropriately takes cue from the
something already laid down by natural law, but economics and play a larger role in
something still to be “constructed” by the modern legal system.
adjudication of judges, faced by novel claims to
-the purpose of law is to increase the
“best accommodate the community’s common
balance of happiness in society through
conviction ,” which he called the ‘best fit theory’.
“wealth maximization”.
d. Realist or Pragmatist/Get-Real Theory
j. Legal Formalism or Conceptualism
-labeled as pragmatic jurisprudence
-law is a strict science governed by
-focuses on these human realities that
formal axioms, legal principles, and rules
are often overlooked by hard law,
of logic.
technicalities and abstract policies.
-further considers the original intent of
-whether the law reflects practical
the framers/drafters, or the original
experience
meaning based on what reasonable
JUSTICE OLIVER HOLMES JR. –argued for the ‘bad persons at the time the law was written
man model’ that implies that in crafting law or declare the law to mean in its”initial
deciding a case, always think from the perspective framework”.
of bad man, not the good man. k. Legal Practice Theory
-different approaches to law, or
e. Critical Legal Theory
modalities, have their own use. One
-law has been the means to enshrine and
should know how and when to use them
coercively impose the wishes of the
in making arguments.
dominant group or institutions.
CASES: RULING:

SANIDAD vs. COMELEC  Yes. because every state has an obligation

not to knowingly allow its territory to be
FACTS: used for acts contrary to the rights other
 Marcos issued PD No. 991 calling for a state.
national referendum on Oct 116, 1976 for MARBURRY vs. MADISON
Citizens Assemblies to resolve issued of
martial law. FACTS:
 Marcos issued another related decrees PD  Outgoing president Adams appointed 42
No. 1031, amending the previous PD No. new justices in an attempt to secure
991. Federalist control under incoming president
 Marcos issued PD No. 1033, stating the Jefferson’s administration.
questions to be submitted.  Upon inauguration of President Jefferson, he
 Sanidad filed a Prohibition with preliminary instructed Secretary of State James Madison
injunction seeking to enjoin the COMELEC to withhold delivery of commissions,
from holding the referendum plebiscite, including Marburry’s.
declaring without force PD No. 991 and  Marburry sought mandamus in the Supreme
1031. Court.
ISSUE: ISSUE:
 Whether or not Marcos can validly propose  Is Marburry entitled to mandamus from the
amendments to the Constitution. supreme court?
RULING: RULING:
 Yes. The president can propose amendments  No. To issue mandamus to the Secretary of
to the constitution, upon valid delegation by State really is to sustain an original action,
the Supreme Court under Section 2 (2) which in this case is outside the
Article X of the new constitution and he was constitutional jurisdiction of Supreme Court.
able to present those proposals to the
people in sufficient time. The president at LEGPHILO:
that time also sits as the legislature.  The government of the US has been termed
LEGPHILO: as government of laws and not of men.

The matter is definitely justiciable or non- PEOPLE vs POMAR

political question. This constitutional authority by
the president is therefore a downright justiciable FACTS:
question.
 Julio Pomar, the manager of La Flor de la
Isabela, a tobacco factory, refused to pay
Macaria Fajardo, whom he granted a
UK vs. ALBANIA
vacation leave due to pregnancy, the wages
FACTS: she is entitled to 30 days before and 30 days
after her delivery and confinement.
 2 british destroyers struck mines in Albania
 Pomar was found guilty in violating section
waters and suffered damage and loss of life.
13 in connection with section 15 of Act No.
 UK filed an application against Albania,
3071.
claiming that the latter is responsible for the
incident and must make reparation or pay ISSUE:
compensation.
 WON Act 3071 has been adopted in the
 Albania counter-claim that UK violated
reasonable and lawful exercise of the police
Abanian territorial waters.
power.
ISSUE:
RULING:
Are international obligations in time of peace
 The constitution is the supreme law of the
created through elementary consideration
land. Police power of the state cannot be
(humanity consideration)?
 exercised in contravention of the ISSUE:
constitution.
 WON the CA erred in upholding the decision
ADONG vs. CHEONG SENG GEE of the court a Quo?
FACTS: RULING:
 Cheong Seng Gee, the legitimate child of the  Yes. the respondent court failed to take into
deceased, Cheong Boo to Tan Dit in China, consideration several factors which should
claimed the property left by him. have affected its judgement. With regard to
 Mora Adong, on the other hand, who is the use of del monte’s bottle, the same
allegedly lawfully married to Cheong Boo in constitutes unfair competition.
Basilan, was also staking claim to the
REPUBLIC vs MERALCO
property left by the deceased.
 The court ruled for both marriages to be FACTS:
insufficient and unlawful.
 MERALCO and ERB filed an application for
ISSUE: the revision of its rate schedules which
reflected to an increase in its distribution
 Is the marriage performed according to the
charge.
Mohammedan Religion valid?
 ERB then issued an order upon finding that
RULING: MERALCO is entitled to lesser increase rates
and shall either refund to the customers the
 Yes. The provisions of section IX of the
excess amount to them.
marriage law validate marriages performed
according to the rites of the Mohammedan ISSUE:
religion.
 WON the MERALCO could pass on to
consumers what is was paying the
ASIA BREWERY vs. SAN MIGUEL CORP
government as taxes.
FACTS:
RULING:
 San Miguel Corp filed a complaint against
 No. Accordingly, the burden of paying the
Asia Brewery Inc. for trademark
tax should be MERALCO’s alone and should
infringement and unfair competition on
not be shifted to the consumers by including
account of the latter’s Beer Pale Pilsen or
the same in the computation of its operating
Beer Na Beer.
expenses.
ISSUE:
DURAN vs ABAD SANTOS
 WON there is unfair competition
FACTS:
RULING:
 Pio Duran is a prisoner under the custody of
 No. To determine whether a trademark has
Director of Prisons without any information
been infringed, we must consider the mark
having filed against him and is entitled to
as a whole and not as a dissected.
provisional release on P35k bail.
DEL MONTE CORP vs COURT OF APPEALS  Judge Salvador Abad Santos denied the
petition for bail not stating this reasons.
FACTS:
ISSUE:
 Del Monte Corp filed a complaint against
Sunshine Sauce Manufacturing for  WON the judge committed a grave abuse of
infringement of trademark and unfair discretion for denying the petitioners
competition, for using the Del Monte bottle petition to bail.
which the latter bought from junk shops for
RULING:
recycling.
 The RTC dismissed the complaint which was  No. Petitioner was charged for treason which
affirmed by the Court of Appeals. is the higher of all crimes thus the hearing
shall be set fort the People’s court to be
informed and determine whether there was
 a strong evidence of the commission of 4. Thomas Aquinas on Natural Law
capital offense for allegedly adherence to -universe is governed by Divine Reason
the enemy by the petitioner during the through an eternal law that to humans is
Japanese domination. called “natural law”.
-argument for necessity of Divine Law
MODULE 2: NATURAL LAW, -divine law is needed for him to realize his
INTERNATIONAL LAW, CLASSIC supernatural ends.
PHILOSOPHERS 5. Immanuel Kant and the Enlightenment
Philosophers on Natural Rights
1. The Stoics: Jus Naturale
-EPNR: rights are natural and inherent and
-proponents were the Stoics who believed
need not to be created but only to be
that there is true law discoverable by right
recognized or declared.
reason and shared by all persons.
-rights should be given to every human
-emphasis on the equality of all men,
being.
governed by the same law.
-reason and rationality as the only absolutes
-believed that whatever one’s status in life
in life.
is, one can find happiness by doing what is
6. Natural Law as the law of Nations
good.
a. Hugo Grotius
-apathy=stoic
-dutch jurist: the law on war and peace
-suppressing emotions and sensitivity to
-father of international law
pleasure or pain are needed to clear the
-natural law as the basis for law of
mind of what is really good.
nations
MARCUS TULLIUS CICERO- we are born for justice, -states may not take away the natural
and that right is based, not upon men’s opinion but right to life and property of individuals.
upon nature. b. William Blackstone Commentaries
-“that we should live honestly, hurt
nobody, and render to everyone his due
2. Plato on Ideal Law and the Republic
(justice)
- Natural law for Plato is not the law of the
-law of nations cannot be dictated by any
common man, but the law of an ideal man.
particular state or man but depends
- Republic: regime ruled by a benevolent
entirely upon the rules of natural law on
dictator; state plans society according to
the equality of men and mutuality of
ideals, an idea embraced by Fascism and
contracts, treaties, leagues and
Communism alike; the role of the ruler is to
agreements.
get the society close to the perfect form.
c. Jacques Maritain
- laws have to be preceded by preambles to
-law of nations is now known as
convince the people of the rightness of their
international law
provisions. Reasoned thought must be
-UDHR (Universal Declaration of Human
embodied in laws.
Rights)- is grounded on natural law
3. Aristotle on Rational Law
-international law developed from an
understanding that there are universal
- father of natural law
aspirations common to humanity,
- human beings have a rational nature that
demandable everywhere as a matter of
must be followed as a matter of law.
rights and must be available to everyone.
- Nicomachean ethics: Aristotle said that
7. John Finnis: Natural Law and Natural Rights
happiness is the final goal or end of all of
man’s pursuits. NATURAL LAW and NATURAL RIGHTS
- people have different functions and interest
7 basic goods natural to man life
in life but they have common function-
reasoning that separates them from other -life, knowledge, play, aesthetic experience,
species. sociability, practical reasonableness, religion
- virtue is the practice of reason.
-cannot be eliminated from humanity
CASES: have the force and effect of natural rights
which private respondent Dimaano can
REPUBLIC vs. SANDIGANBAYAN invoke against the government.
FACTS: ATENEO DE MANILA vs. CAPULONG\
 AFP Anti-Graft Board, created by PCGG FACTS:
under EO No. 1, investigated various reports
of alleged ill-gotten wealth of respondent  Aquila Legis, a fraternity in Ateneo,
Major General Josephus Ramas and his conducted its initiation rites wherein one
alleged mistress Elizabeth Dimaano. neophyte died and one was seriously
 The petitioner failed to present evidences injured.
thus Ramas filed a petition to dismiss the  The disciplinary board found 7 students
case. guilty of violating rule 3 of the rules of
 The Sandiganbayan dismissed the amended discipline which resulted to the expulsion of
complaint and ordered the return of the the said students.
confiscated items to Dimaano.  Judge Capulong ordered Ateneo to reverse
its decision.
ISSUE:
ISSUE:
 WON PCGG has jurisdiction to investigate
and cause the filing of a forfeiture petition  WON Ateneo Law School has competence to
against Ramas and Dimaano for unexplained issue an order dismissing such students
wealth under RA No. 1379 pursuant to its rules.
 WON it was proper to dismiss the case RULING:
before the presentation of evidence.
 Yes. This is an academic freedom on the part
RULING: of the school which includes freedom to
 No. Mere position held by a military does determine who may teach, what may be
not make him ‘subordinate’ as this term was taught, how shall it be taught and who may
used in EO No. 1. be admitted to study.
 Yes. the petitioner had almost 2 years to LEGPHILO:
present the evidence and has only itself to
blame for failure to complete presentation  SOCRATES and PLATO on ACADEMIC
of its evidences. FREEDOM
 “Academic freedom” a term describing the
LEGPHILO: emerging rights related to intellectual
 On the history of natural law and natural liberty, has traditionally been associated
rights with freedom of thought, speech, expression
 The case at bar merely calls us to determine and the press; in other words, with the right
whether two particular rights of individuals in university communities,
1. right against unreasonable search seizure such as professors, researchers and
-is a core right implicit in the natural right administrators, to investigate , pursue,
to life, liberty and property. discuss and in the immortal words of
-protects the people’s right to security of Socrates, “to follow the argument wherever
person and property. it may lead,” free from internal and external
-being a right indispensable to the right interference or pressure.
to life, liberty and property, may be
derived from Aquinas’ man’s inclination YAMASHITA vs STYER
to self-preservation and self- FACTS:
actualization.
2. right to the exclusion of evidence illegally  Tomoyuki Yamashita, a commanding
seized general, after his surrender became prisoner
-no man shall be convicted on of war of USA but was then placed in
unconstitutional evidence. confinement as an accused war criminal
-the government shall not be allowed to charged before an American Military
convict a man on evidence obtained in Commission constituted by Lieutenant
violation of natural right. General Styer.
  Yamashita filed for habeas corpus and RULING:
prohibition against styer and demanded to
 No. the only authority that could have
be reinstated to his former status as prisoner
grated pardon or executive clemency to
of war.
herein petitioner during the Japanese
ISSUE: occupation was the president of the
Philippine Republic or commander in chief of
 WON the petition for habeas corpus and
the Japanese Imperial forces. But no
prohibition be granted in this case.
evidence has been presented proving that
 WON Military Commission has
such pardon was granted.
jurisdiction over war crimes.
LEGPHILO:
RULING:
 ARISTOTLE ON THE SEPARATION OF
 No. A petition for habeas corpus is improper
POWERS
when release of petitioner is not sought. In
 Aristotle in the following words of his
this case, the petitioner seeks no discharged
“Politics” highlighted the principle of
but merely restoration to his former status.
separation of powers, dividing the powers
 Yes. Articles of War, Art 15, US has explicitly
among three departments-legislative,
provided that military tribunals shall have
executive and judicial-and within the
jurisdiction to try offenders or offenses
province of each one of them no
against laws of warn in appropriate cases.
encroachments are allowed without
LEGPHILO: violating the tripartite division established by
the constitution.
 ANCIENT PHILOSOPHERS ON THE LAW OF
NATIONS
TECSON vs DESIDERIO
 Yamashita is entitled to be accorded all the
gurantees, protections and defences thall all FACTS:
prisoners should have, according to the
 Ronal Allan Kelly Poe aka Fernando Poe Jr.
customs and usages, conventions and
filed his COC for the president in the
treaties, judicial decisions and executive
forthcoming national elections.
pronouncements and generally accepted
 Fornier filed a petition to disqualify FPJ on
opinions of legal philosophers of just rules
the grounds that Poe is not a natural born
and principles of international law.
Filipino citizen, which is a requirement for
his COC.
CARAOS vs DAZA
ISSUE:
FACTS:
 WON FPJ is a natural born citizen of the
 Estrella Punzalan Vda de Ylagan, the wife of
Philippines
the deceaded Leoncio Ylagan, request the
issuance of a warrant for the arrest of herein RULING:
petitioner to continue serving the unexpired
 Yes. in the death certificate of Lorenzo Poe,
portion of penalty imposed on him for crime
may have been benefited from the ‘en
of homicide.
masse filipinization’ that the Philippine Bill
 Caraos claimed that he was granted
had effected, there is no doubt that Allan
executive clemency or pardon by the
Poe, father of Fernando Poe, Jr., was a
Provincial governor of batangas even before
Filipino citizen which under 1935
the mass release happened due to bombing
constitution, recognizes those whose father
in the vicinity of capitol, near provincial jail.
is a Filipino citizen, as a natural born citizens.
ISSUE:
LEGPHILO:
 WON pardon or executive clemency had
 ARISTOTLE ON CITIZENSHIP
really been extended to herein petitioner by
 Aristotle described “citizen” to refer to a
the proper authorities.
man who share administration of justice and
in the holding of an office.
 US vs GUENDIA LEGPHILO:
FACTS:  BLACKSTONE ON ARREST WITHOUT
WARRANT
 The defendant was convicted for committing
 In relation to Blackstone’s commentaries, it
an assault with an intent to kill but proof
was clearly implied that a peace officer
shows that the defendant was crazy at the
might arrest and detain in prison form
time commission of crime.
examination persons walking in the street at
 With no capacity to make proper defense,
night whom there is reasonable ground to
the governor general ordered to confine the
suspect felony, although there is no proof of
defendant to San lazaro hospital for his
a feliny having been committed.
treatments.
 The reason for such rule is that good people
ISSUE: do not ordinarily lurk about streets and
uninhabited premises a night.
 WON the court should reverse judgement
and acquit the accused of the offense with PEOPLE vs POMAR
which he is charged
FACTS:
RULING:
 Julio Pomar, the manager of La Flor de la
 Yes. But in such case an order for his Isabela, a tobacco factory, refused to pay
commitment to asylum should be made Macaria Fajardo, whom he granted a
pursuant to the provisions of paragraph 2 of vacation leave due to pregnancy, the wages
Article 8(1) of the Penal Code. she is entitled to 30 days before and 30 days
after her delivery and confinement.
LEGPHILO:
 Pomar was found guilty in violating section
 BLACKSTONE ON THE PLEA OF INSANITY 13 in connection with section 15 of Act No.
 In William Blackstone’s commentaries of 3071.
plea of insanity, he further explained how an
ISSUE:
accused with a case of insanity or imbecility,
should be exempted from criminal liability,  WON Act 3071 has been adopted in the
for a reason that due to his present reasonable and lawful exercise of the police
condition, the accused cannot make proper power.
defense of himself. The court instead should
RULING:
suspend the proceedings and commit the
accused to a proper place of detention until  No. The law is unconstitutional and the
his faculties are recovered. provisions has been adopted in the
reasonable and lawful exercise of the police
US vs SANTOS power. The law creates a term in every such
contract, without the consent of the parties.
FACTS:
Such person is therefore deprived of their
 Dionisio Santos, a policeman of Pateros Rizal, liberty to contract which is protected by the
arrested without warrant 2 nightwalkers due process of law clause of the
who he then found in front of uninhabited constitution.
house and camarin, although no crime had
LEGPHILO:
been committed.
 BLACKSTONE AND BENTHAM ON POLICE
ISSUE:
POWER
 WON the accused is guilty of coercion as  Blackstone defines police power as “the due
found by the trial court. regulation of kingdom, whereby the
inhabitants of the state, like members of a
RULINGS:
well-governed family, are bound to conform
 No. under the rule of law, peace officers may their genera behaviour to the rules or
arrest w/o warrant any person found in propriety, good neighbourhood, and good
suspicious places or under suspicious manners and to be decent, industrious, and
situation, tending to show potential inoffensive in their respective stations.
commission of crime.
 IN RE: COLUMNS OF AMADO MACASAET IN LEGPHILO:
MALAYA
 BLACKSTONE ON DOUBLE JEOPARDY
FACTS:  Blackstone commentaries plea of autrefois
acquit that no man is to be brought into
 Amado Macasaet published contained
jeopardy of his life more than once for the
statements about an alleged bribery incident
same offense and a man once fairly not
in the Supreme Court, committed by SC
found guilty upon any indictment may plead
Associate Justice Consuelo Ynares-Santiago.
such acquittal in bar of any subsequent
 Macasaet sanctioned by the Sc for indirect
accusation for the same crime.
contempt.
LAUREL vs MISA
ISSUE:
FACTS:
 WON Macasaet was wrongfully sanctioned
for indirect contempt.  The accused was charged with treason for
adherence to the enemy during Japanese
occupation.
RULING:  The accused claimed that there is a
suspension of allegiance to the state during
 No. Macasaet is guilty of indirect contempt
the occupation and there is a change of
of court his complete failure to exercise a
sovereignty.
single vestige of responsible journalism in
publishing his unfounded and ill-thought ISSUE:
diatribes against the judiciary and the
 Whether the accused is guilty
honourable people who serve it.
RULING:
LEGPHILO:
 Yes. There is a violation of art 114 of the
 BLACKSTONE ON LIBERTY OF THE PRESS
penal code and such claims by the accused
 According to William Blackstone, he
were not supported and proven.
described the twin aspects of press freedom:
“Every freeman has an undoubted right to LEGPHILO:
lay what sentiments he pleases before the
 BLACKSTONE ON STATE ALLEGIANCE
public: to forbid this is to destroy freedom of
 According to Blackstone commentaries,
the press: but if he publishes what is
allegiance is the tie or ligament which binds
improper, mischievous, or illegal, he must
the subject to the kind, in return for that
take the consequences of his own temerity.”
protection which the kind affords the
subject. It is a debt due from all men born
PEOPLE vs VELASCO
within the King’s dominion immediately
FACTS: upon their birth for they are under king’s
protection.
 Honorato Galvez, the mayor of San Ildefonso
Bulacan, and his body guard, was charged MANZANARES vs MORETA
with 1 count of murder and 2 counts of
FACTS:
frustrated murder.
 Galvez was acquitted.  A male child, 8/9 years of age was killed due
 The petitioner elevated the case to higher to negligence of defendant in driving his
court questioning the decision of the RTC automobile.
judge.  the poor mother bring actions against the
defendant to recover damages for her loss.
ISSUE:
ISSUE:
 WON there is a violation of double jeopardy
 WON the loss of life could be compensated
RULING:
in money.
 Yes. Article III Section 21 of 1987 constitution
RULING:
states that “no person shall be twice put in
jeopardy of punishment for the same  Yes. Article 1902 of Civil Code states that
offense.” “any person who by an act or omission
 causes damage to another by his fault or CASES:
negligence shall be liable for the damage so
done.” KASILAG vs RODRIGUEZ

LEGPHILO: FACTS:

 GROTIUS ON ACTUAL DAMAGES  The parties entered into a contract of loan

 Grotius said “any man slaying another, with an accompanying contract of mortgage
unjustly, is bound to discharge the expenses, which includes the improvements of a piece
if any are contracted, for physicians, and to of land and the interest of tax.
give to those whom the slain was in duty  the petitioner accepted such contract
accustomed to main-such as parents, wives, believing that there are no violations to the
children-as much as that hope of prohibitions in the alienation of land and was
maintenance.” allegedly acting in good faith.
ISSUE:
MODULE 3: CIVIL LAW: ROMAN JURISTS TO
CONTEMPORARY THINKERS  WON the petitioner is deemed to be a
possessor of the land in good faith with his
1. Justinian on Codification of Law claim of lack of knowledge of the contract of
-Justinian Code or the Roman Law Code antichresis.
-Article 364 of our Civil Code
-the codal section is evidently based upon RULING:
the vulnerable maxim of equity that one
 Yes. Section 433 of the civil code of the
who comes into equity must come with
Philippines provides “Every person who is
clean hands.
unaware of any law in his title or in the
2. Cicero: De Legibus
manner of its acquisition by which it is
-he argued that neither can a statute be
invalidated shall be deemed a possessor of
called a “law” if it is irrational, destructive
good faith”.
and unjust.
-In de legibus, cicero wrote that “we are LEGPHILO:
born for justice, and that right is based, not
 JUSTINIAN CODE ON MUTUAL BAD FAITH
upon men’s opinion, but upon nature.
 Justinian Code speaks through practically all
-law is ought to be a reformer of vice and an
the civil codes which Art 364 of our civil code
incentive to virtue”
comes into play. The codal section is
-we may differ in our choice of words and in
evidently based upon the vulnerable maxim
our language, we express the same
of equity that one who comes into equity
sentiments,.
must come with clean hands.
we may have different cultures, but we
recognize the same virtue. JAIN vs IAC
3. John Locke on Private Property
FACTS:
-what man puts value through his labor
becomes his own. As a corollary, what one  Jain was accused of theft, in conspiracy with
does not work for he cannot own. the Bermejo’s cane guard, as he withdrew
4. Robert Nozick: Englightenment Theory the said trainman’s receipt and substituted
-Entitlement theory them with other trainman’s receipts in the
-people are entitled to things they earned, name of the accused Jain.
worked for, or produced  Making it appear that the cane cars belong
-things do come into the world already to Jain.
attached to people having entitlements over
ISSUE:
them, (Anarchy, State and Utopia)
-if a property was legally required, it may not  Whether Jain is criminally liable for theft.
be seized by the government for
RULING:
distrubution
5. Latin Maxims  No. For theft to be committed there must be
-refer to IPAD physical handling for personal property
therefore Jain did not commit theft but he
committed estafa.
LEGPHILO: -in fear, one does an act to avoid the evil
feared
 THE ROMAN LAW ON THEFT
2. Augustine: Law, Order and the City of God
 Institutes of Justinian elaborated definition
3. Dietrich von Hildebrand: Personalism
of theft as follows: “theft is the fraudulent
4. Karol Wojtyla: Domestic/Family Philosophy
handling of a thing with the object of
-believe that it is his duty to reflect on the
acquiring gain either from the thing itself or
dignity of human sexuality
from its use, or from possession of it”.
-man has a power of self-determination and
free will to choose his sexual acts unlike
PEOPLE vs VELASCO
animals
FACTS: -explaining self-sacrifice and self-limitation
-man longs for love more than freedom
 Honorato Galvez, the mayor of San Ildefonso
-if a man truly love his wife, he needs to
Bulacan, and his body guard, was charged
accept and regard the natural order, the
with 1 count of murder and 2 counts of
natural cycle of the woman as part of her
frustrated murder.
being.
 Galvez was acquitted. -the couple will see each other’s fertility as a
 The petitioner elevated the case to higher gift, not a disease to be medicated.
court questioning the decision of the RTC 5. Michel Foucault: Discipline and Punish
judge.
ISSUE:
CASES
 WON there is a violation of double jeopardy
ECHEGARAY vs. SEC. OF JUSTICE
RULING:
FACTS:
 Yes. Article III Section 21 of 1987 constitution
states that “no person shall be twice put in  Petitioner was convicted to the crime of rape
jeopardy of punishment for the same of the 10 year-old daughter of common law
offense.” spouse.
 He was charged with death penalty through
LEGPHILO:
lethal injection in which he questioned its
 THE ROMAN LAW On DOUBLE JEOPARDY constitutionality.
 in Justinian Codification of Law, the term
ISSUE:
jeopardy rests deep in the ancient Grecian
view of legal concept of punishment that the  Is the lethal injection a cruel, degrading and
“law forbid the same man to be tried twice inhuman punishment?
on the same issue”. To suffer twice for the
RULING:
same misfortune was anathema to ancient
thought.  No. Pursuant to the case of Harden v.
Director of Prison wherein the court ordered
MODUEL 4: CRIMINAL LAW AND FAMILY “punishment are cruel when they involve
LAW: CHRISTIAN AND CONTEMPORARY torture or a lingering death”. In this case,
PHILOSOPHIES under RA no. 8177, lethal injection is the
easiest and most humane form of death
1. Aquinas on Crime and Punishment
penalty.
-justified the necessity for both civil and
penal law LEGPHILO:
-need civil law to determine how he will deal
 ON THE RIGHT TO LIFE
with others
 The constitution guaranteed that “no person
-doctrine of reasonable classification under
shall be deprived of life, liberty and property
the equal protection clause (rendering to
without due process of law”. Hence, the
each that “which is due to him according to
constitution values dignity of every human
equality of proportion”)
person and guarantees full respect for
-violence and fear can cause involuntariness
human rights, expressly prohibits any form
of action.
of torture which is arguably a lesser penalty
-in violence , one act’s contrary to one’s will.
than death.
 SANTOS vs CA AND BEDIA-SANTOS RULING:
FACTS:  No. The constitution adheres the benevolent
neutrality approach that gives room for the
 Santos and his wife got married and resided
accommodation of religious exercises as
in Julia’s parents’ compound.
required by the Free Exercise Clause.
 The couple quarrel over number of things.
 Julia left to work in US and despite LEGPHILO:
petitioner’s desperate attempt to reach Julia,
 ON THE SEPARATION OF THE CHURCH AND
all his efforts were of no avail.
STATE
 The petitioner filed a complaint to declare
 The review of the Old World antecedents of
their marriage void on the grounds of
religion shows the movement of
emotional incapacity in the part of Julia.
establishment of religion as an engine to
ISSUE: promote state interests, to the principle of
non-establishment to allow the free exercise
 WON their marriage could be considered
of religion.
void under Art 36 of Family Code
PEOPLE vs DELA CRUZ
RULING:
FACTS:
 No. the meaning of psychological incapacity
refers to the most serious cases of personal  Appellant is charged with the crime of
disorders clearly demonstrative of an utter robbery in band as he was identified as one
insensitivity or inability to give meaning and of the four men who robbed the drugstore
significance to the marriage. of Dr. Sison.
 The appellant appealed praying that he be
LEGPHILO:
acquitted.
 ON PSYCHOLOGICAL INCAPACITY
ISSUE:
 In a book entitled “Canons and
Commentaries on Marriage” it states that  WON the appellant is one of the robbers.
“mere difficulty of assuming these
RULING:
obligations, which could be overcome by
normal effort, obviously does not constitute  Yes. the analysis of the testimonies given in
incapacity. The canon contemplates a true this case convinces us that appellant was
psychological disorder which incapacitates a conclusively identified as one of the robbers.
person from giving what is due.”
LEGPHILO:

 ST. THOMAS AQUINAS On ROBBERY

ESTRADA vs ESCRITOR  Aquinas maintained that appropriation of
other’s goods that the owner do not need is
FACTS:
not a form of robbery, if made in
 Escritor, an interpreter in RTC of Las Pinas disobedience to extreme necessity in the
City was accused by Estrada of having an present case, there is absolutely no showing
affair with a married man which the of extreme necessity, which constitutes the
petitioner pointed out that it shouldn’t be act of the accused as a form of robbery.
allowed for it is an immoral conduct.
 Escritor is a member of religious sectors that
testified that the relationship of the 2 is
MODULE 5: MERCANTILE LAW: FROM
permitted in their congregation. CUSTOMS TO LAW
ISSUE: 1. Gerard de Malynes: Lex Mercatoria
-law of merchant
 WON the respondent is guilty of gross and -customs of ancient and medieval maritime
immoral conduct and should be penalized by trade
the state. -body of rules and principles laid down by
medieval merchants to regulate their deals.
 -originated the “writing obligatory” that we pacto de retro, but was a sham document to
now refer to as bills of exchange, checks and cover usurious financial manipulation.
promissory notes
LEGPHILO:
2. Lord Mansfield: English Commercial Law
-he said that ‘mercantile law is not the law of  MANSFIELD ON UNCONSCIONABLE SALES
a particular country, but the law of all  Lord Mansfield characteristically says: “I lay
nations”. the foundation of the whole upon a man’s
-he supported free trade going to borrow under colour of buying:
-he believed that equity should be applied by there the contract is usurious; but where it is
the courts a bona fide sale…” in which in this case, it
3. Adams Smith: The Wealth of Nations certainly is not.
-in The Wealth of Nations, argued that
commercial transactions are legitimately PHILIPPINE NATIONAL BANK vs THE
based on self-interest since no one sells or NATIONAL CITY BANK OF NEW YORK
buys without anything in it for him. MOTOR SERVICE CO., INC.,
-self-interest will yield to quality competitive
FACTS:
goods that serve over-all public interest.
4. Ayn Rand : Freedom of Production and  On April 7 and 9, 1933, unknown persons
Trade indorsed to defendant Motor Service
-in free economy, no man or group of men Company, Inc. two checks in payment for
can use physical coercion against anyone automobile tires purchased from the
-economic power can be achieved only by defendant’s store.
voluntary means (voluntary choice and  PNB found out that the signature had been
agreement of all those who participate in the forged and demand defendants
process of production and trade.) reimbursement in which the latter refused.
-in free market, all prices , wages and profits
are determined by the law of supply and ISSUE:
demand.  WON the drawee bank should be allowed
recovery.
CASES
RULING:
US vs TAN QUINGCO CHUA
 Yes. Under Section 62 of the NIL, the court
held that acceptance is unnecessary in so far
FACTS:
as bills of exchange payable on demand are
 Pedro Andres borrowed a sum of P100 with concerned.
interest of 24 cavanes of palay which two
LEGPHILO:
years later, became P226.70, secured by a
pacto de retro with the interest of 44  MANSFIELD’S OLD RULE ON DRAWER-
cavanes of palay. DRAWEE LIABILITY
 Andres executed a document which he sold  Lord Mansfield took the case out of the
a part of land and a carabao to Tan, under doctrine as to payments under mistake of
the pacto de retro. fact by the assumption that a holder who is
 Andres was able to pay Tan bu the Provincial simply presents negotiable paper for
Fiscal of Nueva Ecija filed an information payments makes no representation as to
charging Tan of violation of Usury Law. the signature, and that the drawee pays at
his peril.
ISSUE:

 WON Tan Quingco Chua is guilty of the crime

under Usury Law pursuant to the
accomplishment of what purports to be a
pacto de retro
RULING:

 Yes. The SC ruled that there is no doubt that

the document in question was not a true
COMPAGNIE FRANCO-INDOCHINOISE vs DEUTSCH-
AUSTRALISCHE DAMPSCHIFFS GESELLSCHAFT
FACTS:

 The damages resulting from the illegal

detention of cargo belonging to the plaintiff
embarked upon that ship at Saigon and
brought to the port of Manila at the
outbreak of the European War.
ISSUE:

 WON the trial court had awarded too little

and the defendant that the court had
awarded too much
RULING:

 As already stated, we are of the opinion that

the damages assessable in this case should
not be limited to the amount contracted to
be paid for freight, and the damages must
stand at the higher amount of the proven
damages.
LEGPHILO:

 MANSFIELD ON INTERNATIONAL
MARITIME LAW
 Lord Mansfield, in Luke vs. Lyde, the
maritime law “is not the law of the
particular country, but the general law of
nation.”