Laws and jurispudence

Lecture No. 1 Advanced Constitution

Laws and JurisprudenceLaws and Jurisprudence

Prepared by: Prepared by: Arnel O. RiveraArnel O. RiveraMAT-SSMAT-SS


Law is the group of obligatory Law is the group of obligatory rules established for the purpose rules established for the purpose of governing the relations of of governing the relations of persons in society.persons in society.

Law is a rule of conduct, just, Law is a rule of conduct, just, obligatory, promulgated by obligatory, promulgated by legitimate authority, and of legitimate authority, and of common observance and benefit common observance and benefit (Roman Sanchez).(Roman Sanchez).

What is a Law?What is a Law?


General (National) LawsGeneral (National) Laws Ordinances (Local Laws)Ordinances (Local Laws) International LawsInternational Laws

Kinds of LawKinds of Law


What is a legislation?What is a legislation?

It is the act or process of enacting It is the act or process of enacting laws.laws.

This is effected through the adoption This is effected through the adoption of a of a bill (proposed law),bill (proposed law), which once which once approved, becomes a law.approved, becomes a law.


When the President signs it;When the President signs it; When the President When the President vetoesvetoes it but it but

the veto is overridden by 2/3 vote the veto is overridden by 2/3 vote of all the members of each House,of all the members of each House,

When the President does not act When the President does not act upon the measure within 30 days upon the measure within 30 days after it has been presented to him.after it has been presented to him.

Three methods by which a Three methods by which a bill bill may become a law, to wit;may become a law, to wit;


Characteristics of LawCharacteristics of Law

A rule of conduct.A rule of conduct. It implies a norm of It implies a norm of behavior. The law is essentially to behavior. The law is essentially to govern man.govern man.

Just.Just. It must be morally satisfactory It must be morally satisfactory and intrinsically ethical. It and intrinsically ethical. It determines the reciprocal duties and determines the reciprocal duties and rights of men in their mutual rights of men in their mutual dealings.dealings.

Obligatory.Obligatory. It must be enforced by It must be enforced by the state.the state.


Laid down by the legitimate Laid down by the legitimate authorityauthority.. Laws can emanate only Laws can emanate only from the exercise of legislative power from the exercise of legislative power by the lawmaking body or as by the lawmaking body or as delegated by it to administrative delegated by it to administrative agencies.agencies.

For the common observance and For the common observance and benefit.benefit. It must be for the common It must be for the common observance and benefit.observance and benefit.


General RulesGeneral Rules• ““Ignorance of the law excuses no one Ignorance of the law excuses no one

from compliance therewith” (Art 3, from compliance therewith” (Art 3, NCC)NCC)

• ““Laws shall have no retroactive effect, Laws shall have no retroactive effect, unless the contrary is provided” (Art 4, unless the contrary is provided” (Art 4, NCC)NCC)

• ““Laws relating to family rights and Laws relating to family rights and duties or to the status, condition and duties or to the status, condition and legal capacity of persons are binding legal capacity of persons are binding upon citizens of the Philippines, even upon citizens of the Philippines, even though living abroad.” (Art 15,NCC)though living abroad.” (Art 15,NCC)


ConstitutionConstitution

It is the fundamental, It is the fundamental, paramount, and supreme law of paramount, and supreme law of the nation.the nation.

It is a social contract that binds, It is a social contract that binds, by its terms and conditions, the by its terms and conditions, the people and their government in a people and their government in a civil society.civil society.


A. Doctrine of Constitutional A. Doctrine of Constitutional SupremacySupremacy

Under the doctrine of constitutional Under the doctrine of constitutional supremacy, if a law or contract supremacy, if a law or contract violates any norm of the violates any norm of the Constitution, that law or contract, Constitution, that law or contract, whether promulgated by the whether promulgated by the legislative or by the executive branch legislative or by the executive branch or entered into by private persons for or entered into by private persons for private purposes, is private purposes, is null and voidnull and void and and without any force and effect.without any force and effect.


What is the meaning of “equal What is the meaning of “equal protection of the law”?protection of the law”? It is a constitutional guarantee of the It is a constitutional guarantee of the

equality of the persons.equality of the persons. It guarantees LEGAL equality or equality of It guarantees LEGAL equality or equality of

all persons before the law. “The goddess all persons before the law. “The goddess of justice is portrayed with a blindfold, not of justice is portrayed with a blindfold, not because she must be hindered in seeing because she must be hindered in seeing where the right lies, but that she may not where the right lies, but that she may not discriminate against suitors before her, discriminate against suitors before her, dispensing instead an even handed justice dispensing instead an even handed justice to all.”to all.”


Case AnalysisCase Analysis The Secretary of DECS The Secretary of DECS

issued a memorandum issued a memorandum implementing the rules that implementing the rules that the refusal of a teacher, the refusal of a teacher, student or a pupil to attend student or a pupil to attend the flag ceremony is a the flag ceremony is a ground for dismissal after ground for dismissal after due investigation.due investigation.


Case AnalysisCase Analysis A group of teachers, students A group of teachers, students

and pupils requested the and pupils requested the Secretary that they be Secretary that they be exempted from attending the exempted from attending the flag ceremony on the ground flag ceremony on the ground that attendance thereto was that attendance thereto was against their religious belief.against their religious belief.


Case AnalysisCase Analysis

The Secretary denied their The Secretary denied their request. Is the denial valid?request. Is the denial valid?


NO.NO. As held in Ebralinag As held in Ebralinag case, to compel students case, to compel students and teachers to take part and teachers to take part in the flag ceremony when in the flag ceremony when it is against their religious it is against their religious beliefs will violate their beliefs will violate their religious freedom.religious freedom.


Supreme Court’s DecisionsSupreme Court’s Decisions

Supreme Court’s Decisions Supreme Court’s Decisions establish jurisprudence or establish jurisprudence or doctrines, which by the principle doctrines, which by the principle of of stare decisisstare decisis, all lower courts , all lower courts are duty bound to follow.are duty bound to follow.

The doctrine of The doctrine of stare decisisstare decisis requires adherence to judicial requires adherence to judicial precedent. precedent.


What is the doctrine of What is the doctrine of stare stare decisisdecisis?? It means that judicial decisions It means that judicial decisions

interpreting the law shall form part of interpreting the law shall form part of the Philippine legal system. The rule the Philippine legal system. The rule follows the legal maxim: follows the legal maxim: “legis “legis interpretado legis vim obtinet”interpretado legis vim obtinet” (the (the interpretation placed upon the written interpretation placed upon the written law by a competent court has the law by a competent court has the force of law). force of law).

The interpretation placed by the courts The interpretation placed by the courts establishes the contemporaneous establishes the contemporaneous legislative intent of the law. legislative intent of the law.


DistinctionDistinction

Ratio decidendi.Ratio decidendi. It refers to the very It refers to the very ruling of the court. It constitutes the ruling of the court. It constitutes the judicial precedent.judicial precedent.

Obiter dictum.Obiter dictum. It refers to the It refers to the incidental statement not necessary incidental statement not necessary to the resolution of the controversy to the resolution of the controversy before the court.before the court.


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Laws and jurispudence