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Natural Law Notes PDF

This document provides an overview of key concepts related to natural law and the legal system. It discusses sources of law such as customs, morality, legislation, and judicial decisions. It also outlines different types of laws including substantive and procedural law. Additionally, it examines classifications of law including natural law, positive law, common law, and public versus private law. Legal systems and the hierarchy of laws with the constitution at the top are also summarized.

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Thea Barte
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181 views5 pages

Natural Law Notes PDF

This document provides an overview of key concepts related to natural law and the legal system. It discusses sources of law such as customs, morality, legislation, and judicial decisions. It also outlines different types of laws including substantive and procedural law. Additionally, it examines classifications of law including natural law, positive law, common law, and public versus private law. Legal systems and the hierarchy of laws with the constitution at the top are also summarized.

Uploaded by

Thea Barte
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Natural Law

● Justice is dependent on whatever the situation is.


● Justice equates to equality.
● “What is legal is not always just, what is just is not always legal.”
● Justice is based on your own sense of morality, righteousness, etc.

● En Banc​ - ​is a session in which a case is heard before all the judges of a court (before the
entire bench) rather than by a panel of judges selected from them.
● Per curiam​ - ruling issued by an appellate court made by multiple judges participating.
● Sandiganbayan​ - jurisdiction over criminal and civil cases involving graft and corrupt
practices and other offenses committed by public officers and employees, including those
in government-owned or government-controlled corporations.
● Prosecutor ​- representing the people of the Philippines against the defendant in a
criminal prosecution.
● Quasi courts ​- courts that specialize in their own field.

● Customs are legally binding.


● Types of Laws:
1. Statutes
2. Constitution
3. Ordinances ​- passed by local legislative bodies
4. Presidential Decree - ​Marcos was the only one who was allowed to issue a P.D.
5. etc.
● A law is the highest form of rule and protects individuals by determining what is
acceptable behaviour and conduct.
● Laws are considered a fundamental element by civilised society:
-maintaining order
-ensuring good conduct
-protecting the human and civil rights of individual

*​Human rights​ are the basic rights and freedom that belong to every person in the world,
from birth until death.
*​Civil rights ​are an expansive and significant set of rights that are designed to protect
individuals from unfair treatment.
● Without a system of laws, society would most likely degenerate into disorder and
anarchy.
● Law is a general rule of human behaviour in the state.
● State always acts through law.
● Laws are made and enforced by the government of the State.
● Sources of Law:
1. Custom
-oldest source of law
-social relations gave rise to several usages, traditions, and customs.
-used to settle and decide disputes among the people.
-practiced habitually
-violations of customs were disapproved and punished by the society

*Most of the laws had their birth when the state began converting the customs into
authoritative and binding rules.

2. Religion and Morality


-religion and religious codes appeared naturally in every society when
human​ ​beings began observing, enjoying, anad fearing natural forces.
-the state converted several moral and religious rules into its laws.

​3. Legislation
-legislation has emerged as the chief source of law.
-legislation has come to be the most potent, prolific and direct source of
law

​4. Judicial Decisions


-only the judicial decisions given by the apex court or the courts which
stand recognized as the Courts of Record, are recognized and used as laws
proper.

5. Equity
-means fairness and sense of justice.

● Hierarchy of Laws:
1. Constitution
2. Statutes/Legislation ​- Treaties/International Obligations, EO/P.D., Case
Law/Common Law
3. Regulations
4. Procedures and Codes of Conduct
● Constitution ​- establishes a country’s innate characteristics and sovereignty, and
outlines the rights and responsibilities of its citizens.
- guarantees basic Human Rights of the people, defines the system of
governance, the legislative, the executive and judicial branches, and the obligations and
duties of each element of government.
● Statute ​- a law enacted by a legislative body of a government.
● Classifications of Law:
1. Natural Law
a. Physical Law
b. Moral Law
c. Divine Law
2. Positive Law
a. Public Law
*Constitutional Law
*Administrative Law
* International Law
b. Private Law
*Criminal Law
*Civil Law

*Common Law is most prominent in the U.K.

● Legal Systems:
1. Roman Law
2. Muslim Law
3. Anglican Law

● Sources of Law:
1. Legislation - process of creating law.
2. Precedent - decisions that are made on an issue in cases.
3. Custom
4. Court Decision

● Types of Persons:
1. Natural - you as a person
2. Juridical - entities created by law
- government
● Substantive Law​ - persons rights, strict implementation, the more important part of the
private law.
● Procedural Law ​(Remedial Law)​ ​- provides for the steps or methods on your rights.

● Refresher Course ​- enrolling in the 4th year again.


● Comprehensive Exam ​- exam formatted like the Bar exams.
● Every after 3 takes, you will have to take the refresher course again.
● Code of Professional Responsibility ​- guidelines for lawyers to follow in terms of
conduct.
● The Supreme Court is the only court to disbar a lawyer from practice.
● All lawyers should give service.

● In case the law is silent, take into consideration American (foreign) laws.
*Though we are not required to follow them because we have our own laws.
● Guidelines are most applicable to criminal cases.
● If the law is obscure, use the basics of statutory construction.
● Guidelines may be applied only if the case is not a criminal case.
● Use Intrinsic factors and extrinsic factors when construing the law.
*proper term is ​construe
● You can question the law because you are a taxpayer and it is your constitutional right.
● In case of doubt, the law is always presumed to be just.
● Anti-Fencing Law - special Penal Law (mala prohibita)
● If the letter of the law is clear, there is no need for the spirit of the law.
● If the spirit of the law is in conflict with the letter of the law, the letter of the law shall
prevail.

● A person is an entity given personality by law.


● Personality of a natural person begins at conception.

● Damages​ - indemnity awarded by the court.


● Indemnity is usually in the form of money.
● Damage ​- the one filed against a person.
● Types of Damages:
-Moral
-Exemplary
-Nominal
-Temperate
-Actual
-Liquidated
● When a corporation registers in the Exchange Commission it requires articles of
incorporation where it is stated the principal office is “principal address.”
● Rule on Civil Procedure ​- the venue of the filing of the case depends on the preferred
residence of the plaintiff.

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