 Law, its Concept and Classification

 General divisions of law

 Characteristics of law
 Necessity and functions of law
 Parts of law
 Importance of sanction of law
 Classification of law
 Sources of La/w
 Customary law (Arts. 11 & 12, NCC), case law (Art. 8, NCC) and statute law
distinguished.
 The doctrine of Stare Decisis

 Law and Its Application

 Statute defined and differentiated from law.

- Law refers to the whole body or system of law. Rule of conduct promulgated and
made obligatory by legitimate authority.
- Statute is an act of legislature as an organized body, passed according to the
procedure required to constitute it as part of the law of the state.
 Power of legislation in the Philippines
- Legislative power is the power to make, repeal, and amend laws.
- Given to the congress, consists of the 24 senate and 292 house of
representative.
 Brief Philippine legislative history
- When our country was under American colonial rule, the legislative body was the
Philippine Commission which existed from September, 1900 to October, 1907.
The President of the United States appointed the members of the Philippine
Commission. The Philippine Bill of 1902 mandated the creation of a bicameral or
a two-chamber Philippine Legislature with the Philippine Commission as the
Upper House and the Philippine Assembly as the Lower House. This bicameral
legislature was inaugurated in October, 1907. Through the leadership of then
Speaker Sergio Osmeña and then Floor Leader Manuel Quezon, the Rules of the
59th Congress of the United States was substantially adopted as the Rules of the
Philippine Legislature. In 1916, the Jones Law changed the legislative system.
The Philippine Commission was abolished, and a new bicameral Philippine
Legislature consisting of a House of Representatives and a Senate was
established. The legislative system was changed again in 1935. The 1935
 Constitution established a unicameral National Assembly. But in 1940, through
an amendment to the 1935 Constitution, a bicameral Congress of the Philippines
consisting of a House of Representatives and a Senate was created. Upon the
inauguration of the Republic of the Philippines in 1946, Republic Act No. 6 was
enacted providing that on the date of the proclamation of the Republic of the
Philippines, the existing Congress would be known as the First Congress of the
Republic. The 1973 Constitution abolished the bicameral Congress and created
a unicameral Batasang Pambansa in a parliamentary system of government.
The 1987 Constitution restored the presidential system of government together
with a bicameral Congress of the Philippines.
 Parts of a statute
- Title – Furnishing the name of which the act is individually known.
- Preamble – Explaining the reasons for its enactment and the objects sought to be
accomplished.
- Enacting Clause – Declares its enactment to identify it as an act of legislation.
- Body – Main part of the statute containing its substantive and procedural
provisions, and exemptions.
- Repealing Clause – Announces prior statues which have been repealed by
reason of the new law.
- Saving Clause – A restriction in a repealing act, intended to save rights, pending
proceedings, penalties, etc.
- Separability Clause – Provides that in an event where one or more provisions are
declared void, the remaining provisions shall still be in effect.
- Effectivity Clause – Provides the date when the law will take effect.
 How statutes are referred to
- The written enactment of the will of the legislative branch
 Enactment of statutes; how a bill becomes a law.
- No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form
have been distributed to its Members three days before its passage, except
when the President certifies to the necessity of its immediate enactment to
meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.

1. First reading – Title is read and passed to the appropriate committee. In

the committee the bill may be killed or recommended for approval.
2. Second reading – The bill in its entirety will be debated upon and
amended.
3. Third reading – The bill will be printed in its final form 3 days before the
third reading where it will be voted through yes or nay.
 4. Submission to the other chamber – Once the is approved it is sent to the
other chamber and will go through the same 3 readings.
5. Bicameral Conference Committee – Senate and house reconcile
conflicting provisions. Reconciled versions will be sent to both chambers
for approval. Upon approval sent to the office to the president.
6. Presidential Approval – President has 3 options:
a. Approve the bill.
b. Reject/Veto the bill.
c. Lapse into the law after 30 days

 When laws take effect (Art. 2, NCC)

- Law shall take effect 15 days after its publication in the official gazette or in
newspaper of general circulation in the Philippines unless the otherwise provided.
 Meaning and applicability of the maxim “Ignorantia legis non excusat” (Art. 3,
NCC)
- Ignorance of the excuses no one from compliance.
 The theories of territoriality and generality (Art. 14, CC)
- Penal laws and those of public security and safety shall be obligatory to those
who live or sojourn in the Philippine territory, subject to the principles of
international law and treaty stipulations.
 Concept of “ex post facto laws”
- Sec. 22 Article 3 of the 1987 Philippine Constitution
- An innocent action before the passing of the law making that action a crime.

Interpretation of Statutes

 Interpretation and construction defined and distinguished.

- Interpretation refers to finding the true meaning, and sense of the law.
- Construction refers to drawing warranted conclusions not always included in
direct expressions.
 Object or purpose of interpretation
- To ascertain and give effect to the legislative intent.
 Doctrine of the separation of powers of government
- Prevent a concentration of authority in one person or group of persons that might
lead to an irreversible error or abuse in its exercise to the detriment of our
republican institutions.
- There are instances under the Constitution when powers are not exclusive to one
department.
- One department is allowed to rectify the mistakes made by another.
 Judicial power of interpretation and construction/
 Principle of “res judicata”
 - Judgment on the merits in a previous case rendered by a court of competent
jurisdiction would bind a subsequent case if, between the first and second
actions, there exists an identity of parties, of subject matter, and of causes of
action.
 Court’s duty to decide every case (Art. 9, NCC)
- No court or judge shall decline to render judgement for reason of silence,
obscurity, or insufficiency of the laws.
 Some important principles of statutory construction

 The Legal Profession and the Qualifications and Procedure for Admission to
the Practice of Law

 Qualifications for admission to the practice of law; purpose for imposition

 Procedure for admission to the practice of law
 Nature of the practice of law
 Lawyer’s duties – The Code of Professional Responsibility
 Claim for attorney’s fees, its parameters.
 Disciplinary sanction for members of the Bar; grounds and procedure

1. This act shall be known as the civil code of the Philippines.

2. Law shall take effect 15 days after its publication in the official gazette or in
newspaper of general circulation in the Philippines unless otherwise provided.
3. Ignorance of the law excuses no one from compliance.
4. Law shall have no retroactive effect unless the contrary is provided.
5. Acts executed against the provisions of mandatory and prohibitory laws shall be
void, unless when the law itself authorizes its validity.
6. Right may be waived unless when the waiver is contrary to laws, public order,
public policy, morals, good customs, or prejudicial to a third person with a right
recognized by the law.
7.
a. Laws are repealed only by subsequent ones and their violation or non-
observance shall not be excused by disuse, customs, or practice to the
contrary.
b. When the courts declare a law to be inconsistent with the constitution,
the former shall be void and the latter shall govern.
c. Administrative and executive acts, orders, and regulations shall only be
valid when they are not contrary to laws, or the constitution.
8. Judicial decision applying or interpreting the laws shall form a part of the legel
system of the Philippines.
9. No court or judge shall decline to render judgement for reason of silence,
obscurity, or insufficiency of the laws.
10. In doubt of application or interpretation of laws, it is presumed that the
lawmaking body intended for right and justice to prevail.
11. Customs that are contrary to laws, public order, or public policy shall not be
repealed.
12. Customs must be proved as a fact, according to the rules of evidence.
13.
a. When the law speaks of years, months, days, and nights, it is
understood that years are of 365 days, months of 30 days, days of 24
hours, and nights from sunset to sunrise.
b. If months are designated by name, they shall be computed by the
number of days which they respectively have.
c. In computing periods, the first day shall be excluded, and the last day
included.
14. Penal laws and those of public security and safety shall be obligatory to those
who live or sojourn in the Philippine territory, subject to the principles of public
international law and treaty stipulations.