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1. Titles of Philosophy
A. Jurisprudence: knowledge of or skill of law. Also meant as case law or body of law built up
by the decisions of particular courts. NCC. Art. 8: Judicial decisions applying or interpreting laws and
the constitution shall form part of the legal system of the Philippines. Judicial Decision is Jurisprudence.
The study of jurisprudence is understanding or analysing the law in particular country but investigates
what is common to the systems of law, the shared features of actual legal system. Jurisprudence
concerns the knowledge of law as a science combined with the art or skill of applying it. Legislation is
the science of what ought to be done towards making good laws, combined with the art of doing it.
B. Legal Theory: an aspect of jurisprudence which deals with the question of what is the nature
of law. Deals with law as it is. (sole concern of legal theory) as opposed to law as it ought to be
(legislation)
C. Philosophy of Law: Focuses on questions of jurisprudence. Regards as peripheral such as
inquiry of other legal phenomena. Inquires not only on nature of law and of other legal phenomena but
also the rational consideration of normative issues related to law. (like obligation to obey the law,
enforcement of morality, the problems of ideal justice, liberty punishment.)
2. Art 10 salvacion
The task of philosophy of law is to unveil the goal of law and its underlying motives (not motives of
legislators primarily but of society that creates the laws and sustains them)
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.
Salvacion Vs. CBP
-court treated the petition for declaratory relief as one for mandamus considering the grave injustice
that would result in the interpretation of banking law.
-crime of rape committed by a foreign tourist against a Filipino minor and the execution of the final
judgment in the civil case for damages on the tourists dollar deposit with a local bank, the court
declared Section 113 of the Central Bank Circular No. 960, exempting foreign currency deposits from
attachment, garnishment or any other order or process of any court, inapplicable due to the peculiar
circumstance of the case.
-The court held that injustice would result especially to a citizen aggrieved by a foreign guest like
accuse this would negate art. 10 of the civil code:
- The court therefore required respondents Central Bank of the Philippines, the local bank, and the
accused to comply with the writ of execution issued in the civil case for damages and to release the
dollar deposit of the accuse to satisfy judgments.

3. Descriptive law and prescriptive law
Descriptive: Merely describes uniformities or regularitites in the world or nature. How events
regulary happen.
Prescriptive: Do not describe but prescribe a type of behaviour which is supposed to be
obeyed. Require the doing of abstaining from certain actions

4. Kinds of Legal theories
A. Natural Law:
= classical Greeks, There is an intrinsic, essential or conceptual connection or link
between law and morality, morality provides the key to the proper understanding of law.
Common Law Theory: a variation of the Classical Natural Law Theory as it was
postulated that the common law was the embodiment of Justice or Natural Law.
Procedural or Methodological Natural Theory; Fuller, 8 procedural requirements of law;
General, Promulgated (published), prospective, intelligible, logically consistent, such as to
require only the possible, relatively constant over time and applied as stated. Constructive
or Jurisprudential Natural Law; Ronald Dworkin, Legal enterprise is constructive in the
sense that the law is constructive in the sense that the law is being constantly interpreted
and applied to satisfy 2 requirements, that of Fit and of Soundness.
B. Legal Positivism
Provides the simplest explanation of what law is. Law is a command, a hierarchy of
norms, union of primary or secondary rules, a social fact. A product of human
endeavour or human will. To valid, a law must simply follow the prescribed proper
procedures for the enactment of law. Law need to fulfil any kind of moral content to be
valid.
C. Social Science
Law as a product of human endeavour which has no essential connection to morality.
In contrast to positivism, it studies law as a social phenomenon. In describing, law
adapts an external or third person perspective. Law is seen merely as set of
predictions and not as normative judgments to be obeyed or complied with.
D. Radical or Critical Theoreis
Marxist legal theory. Law is perceived as nothing but representing the interests of the
moneyed or propertied class in society.
5. Approaches to philosophy
a. Detached internal view: attempt to fully understand the nature of law, from assuming also the
internal or participants point of view, that is, putting himself in the shoes of a lawyer or someone
immersed in the practice of law and observing it from that perspective. The internal perspective
provides an insight into the nature of the phenomena, not provided by an external on.e
b. History: many of the observations philosophers make are in response to conclusions made by
other philosophers and cannot be appreciated without knowing what these earlier philosophers
claimed.
c. Analytical: Conceptual Analysis is the method used. Concepts need to be clarified first before
addressing normative issues.
d. Natural: law is a product of reason, from which arises the rationalist tradition in the philosophy of
law as exemplified by natural law theory.
6. Emotive meaning (favorable or infavorable)
Emotive Meaning: Avoiding unwarranted normative or substantive conclusions through
persuasive definitions (some words have the effect of producing either favourable or unfavourable
reactions on the part of hearer or reader .
Favorable: eg. Democracy, freedom and culture.
Unfavourable: eg. Violence, fascism and tyranny.

7. Kinds of definition
a. Essentialist: one that captures the true nature or essence of that which is being defined.
b. Lexical: called reportive or dictionary definition.
c. Stipulative: purpose is linguistic one of enabling the reader to know when to use the word
correctly and the criterion for logical correctness is confined to the linguistic world.
8. Twin beacons
a. 4 in
Judiciary characterized by four Ins: independence, integrity, industry and intelligence; one that would
be morally courageous to stand its ground against the onslaughts
of influence, interference,indifference and insolence; and that is impervious to the plague of ships --
kinship, relationship, friendship and fellowship.

b. Acid
a. limited access to justice by the poor
b. corruption
c. incompetence
d. delay in the delivery of quality judgments.

c. Disjunctive inclusive schemes
The disjunctive scheme would have us embrace the view that for prosperity to be achieved, the
peoples freedom must be curtailed in some respects. This position is not new at all. Shades of this
standpoint are strikingly extant in social-contract theories. These theories postulate the surrender of
individual freedoms and liberties to the State or the collectivity, as a precondition for the protection and
prosperity promised by life in an ordered society. We in the Philippines, for example, have been
advised -- no doubt by well-meaning friends -- not to take our liberty too seriously, if we want to see
the economy take off.
On the other hand, the second position sees a causal relationship between liberty and
prosperity; it sees that fostering liberty is a precondition for the advent of prosperity. The fundamental
idea is that persons are entitled to have certain wants satisfied and certain existing needs filled by the
government, without any direct charge other than their payment of general taxes.
The third position, with which my philosophy is aligned, regards liberty and prosperity
as mutually inclusive. It advances the view that liberty must include the freedoms that prosperity
allows. In the same manner, prosperity must include liberty, especially the liberty to strive for the good
life according to a persons conception. Liberty becomes the guarantee that, free from all undue
interference and suppression, we all can conceive of the good life and act according to those
conceptions! I venture the proposition that a society marked by such liberty is prosperous.


9. Fr. Aquino
a. Justiciability: it is the pursuit of justice through the protest against injustice. The usefulness of the
concept of justifiability is closely linked with the integrity of the judge, the rationality of the legal system
and the competence and credibility of the judicial institutions.
b. Morality: referred to in the law is public and necessarily secular not religious as the j. Carpio
holds. Religious teachings as expressed in public debate may influence the civil public order but public
moral diputes may be resolved only on grounds articulable in secular terms. IF the govt relies opon
religious beliefs the resulting policies and morals would require conformity to what some might regards
as religious programs or agenda.
10. 4 conditions for the act of judging:
a. existence of the written law
b. the presence of an institutional framework- courts, appeal courts
c. the intervention of qualified
d. course of action constituted by the trial or judicial process, where the pronouncement of
judgment constitutes the endpoint,
11. Concept of morality

12. Estrada vs escritor
a. Benevolent neutrality theory: the principle underlying the first amendment is that freedom to
carry out ones dutie to a supreme being is an inalienable right, not one dependent on the grace of
legislature. Religiious freedom is seen as a substanctive right and not merey a priveldge against
deisrimatory legislation. With religion looked upon with benevolence and not hostility. Benevolent
neutrality allows accommodation of religion under certain circumstance.
b. Compelling state interest test: is the notion that free exercise is a fundamental right and that
laws burdening it should be subject to strict scrutiny.
13. Oposa vs factoran
a. Deconstructive reading on locus standi
Re-reading the law is deconstructing it to explore the unread, the unfamiliar. Petitioners minors
asserts that they represent their generation as well as generations yet unborn.
a. On locus standi: accepted reading of the rules would have denied the children any standing
outright but CJ Davide ventured into the unfamiliar, the moving force of all deconstruction.
14. Fornier vs comelec
a. Legitimate and illegitimate political etc
LeglLlmaLe and llleglLlmaLe pollLlcal eLc
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8espondenL 8onald kellly oe, also known as lernando oe, !r (herelnafLer l!"), flled hls cerLlflcaLe
of candldacy for Lhe poslLlon of resldenL of Lhe hlllpplnes of 8, lndlcaLlng Lhereln LhaL, among oLher
Lhlngs, he ls a naLural-born llllplno clLlzen, born on AugusL 20, 1939 ln Lhe ClLy of Manlla.

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eLlLloner lornler lnlLlaLed a peLlLlon before Lhe CCMLLLC Lo dlsquallfy l! and Lo deny due course
or Lo cancel hls cerLlflcaLe on Lhe ground LhaL he made maLerlal mlslnLerpreLaLlon ln hls cerLlflcaLe of
candldacy by clalmlng Lo be a naLural-born llllplno clLlzen when Lhe LruLh accordlng Lo lornler, hls
parenLs were forelgner. 1he CCMLLLLC dlsmlssed Lhe peLlLlon. M8 was also denled. 1he Supreme CourL
dlsmlssed Lhe peLlLlon ln C8. no. 161824. ln rullng LhaL l! ls a naLural-born llllplno clLlzen, Lhe Supreme
CourL referred Lo Lhe 1933 ConsLlLuLlon, whlch Lhe fundamenLal law was prevalllng on Lhe day monLh and
year of blrLh of l!, whlch confers clLlzenshlp Lo all persons whose faLhers are llllplno clLlzens regardless
of wheLher such chlldren are leglLlmaLe or llleglLlmaLe.
1he concepL of clLlzenshlp had undergone changes over Lhe cenLurles. ln Lhe 18
Lh
cenLury, Lhe
concepL was llmlLed, by and large, Lo -./.0 -.1.23456.7, whlch esLabllshed Lhe rlghLs necessary for
lndlvldual freedom, such as rlghLs Lo properLy, personal llberLy and [usLlce. ls meanlng expanded durlng
Lhe 19
Lh
cenLury Lo lnclude 780.1.-90 -.1.23456.7, whlch encompassed he rlghL Lo parLlclpaLe ln Lhe exerclse
of pollLlcal power. 1he 20
Lh
cenLury saw Lhe nexL sLage of Lhe developmenL of 58-.90 -.1.23456.7, whlch
lald emphasls on Lhe rlghL of Lhe clLlzen Lo economlc well-belng and soclal securlLy. 1he ldea of clLlzenshlp
has galned expresslon ln Lhe modern welfare sLaLe as lL so developmenL, ln keeplng wlLh Lhe rapldly
shrlnklng global vlllage mlghL well be Lhe .413:491.8490.291.84 8; -.1.23456.7<

13. 1wln beacons llberLy and prosperlLy
1. ()*+,-./)01 *.2131

1hls flrsL scheme embraces Lhe vlew LhaL for prosperlLy Lo be achleved, Lhe people's
freedom musL be curLalled ln some respecLs. 1hls poslLlon ls noL new aL all. Shades of Lhls
sLandpolnL are sLrlklngly exLanL ln soclal-conLracL Lheorles. 1hese Lheorles posLulaLe Lhe
surrender of lndlvldual freedoms and llberLles Lo Lhe SLaLe or Lhe collecLlvlLy, as a precondlLlon
for Lhe proLecLlon and prosperlLy promlsed by llfe ln an ordered socleLy. We ln Lhe hlllpplnes,
for example, have been advlsed -- no doubL by well-meanlng frlends -- noL Lo Lake our llberLy
Loo serlously," lf we wanL Lo see Lhe economy Lake off.

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1he second poslLlon sees a -9A590 relaLlonshlp beLween llberLy and prosperlLy, lL sees LhaL
fosLerlng llberLy ls a precondlLlon for Lhe advenL of prosperlLy. 1he fundamenLal ldea ls LhaL
persons are enLlLled Lo have cerLaln wanLs saLlsfled and cerLaln exlsLlng needs fllled by Lhe
governmenL, wlLhouL any dlrecL charge oLher Lhan Lhelr paymenL of general Laxes.

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1he Lhlrd poslLlon, wlLh whlch my phllosophy ls allgned, regards llberLy and prosperlLy as
EA1A900F .4-0A5./3. lL advances Lhe vlew LhaL llberLy musL lnclude Lhe freedoms LhaL
prosperlLy allows. ln Lhe same manner, prosperlLy musL lnclude llberLy, especlally Lhe llberLy
Lo sLrlve for Lhe good llfe" accordlng Lo a person's concepLlon. LlberLy becomes Lhe
guaranLee LhaL, free from all undue lnLerference and suppresslon, we all can concelve of Lhe
good llfe and acL accordlng Lo Lhose concepLlons! l venLure Lhe proposlLlon LhaL a socleLy
marked by such llberLy ls prosperous.

). G3:1F 456 @:8573:. 1FH
+81 ). G3:1F #" @:8573:. 1F

Lwo sLandards of [udlclal revlew, as follows:

1. ln llLlgaLlons lnvolvlng clvll llberLles, Lhe scales should welgh heavlly agalnsL Lhe governmenL
and ln favor of Lhe people -- parLlcularly Lhe poor, Lhe oppressed, Lhe marglnallzed, Lhe dlspossessed, and
Lhe weak. Laws and acLlons LhaL resLrlcL fundamenLal rlghLs, llke freedom of expresslon and of Lhe press,
come Lo courLs wlLh a heavy presumpLlon agalnsL Lhelr valldlLy. 1hls pollcy ls commonly referred Lo as
helghLened" or sLrlcL" scruLlny.

2. ln confllcLs affecLlng prosperlLy, developmenL and Lhe economy, deference musL be accorded Lo
Lhe pollLlcal branches of Lhe governmenL. 1hls approach ls more wldely known as deferenLlal"
lnLerpreLaLlon of laws and execuLlve acLlons.

LeL me sLress LhaL Lhe above sLandards do noL lnLend a separaLlsL or dls[uncLlve approach llke
LhaL whlch recognlzes llberLy or prosperlLy, or whlch requlres a cholce of one or Lhe oLher only. 8aLher,
Lhls poslLlon espouses a fundamenLally coexlsLenL scheme, ln whlch llberLy and prosperlLy can llve and
blossom slde by slde, hand ln hand.

ln shorL, lL ls noL llberLy 01 prosperlLy buL llberLy +)2 prosperlLy

! *4$%784"6957 :9;%"<=
Safeguardlng llberLy has long been a LradlLlonal expecLaLlon from our courLs. 1helr role ls
Lo be Lhe greaL equallzers when lndlvldual freedoms -- wheLher clvll, pollLlcal or
economlc.
! =E3:I34-3 8; +3J '.I615

As Lechnology advances and clvlllzaLlon prospers, new rlghLs emerge. An example of a
new freedom LhaL has arlsen from a new Lechnology ls Lhe rlghL Lo conducL publlc
oplnlon polls and Lo publlsh Lhelr resulLs. l am pleased Lo lnform you LhaL our Supreme
CourL has become a world leader ln upholdlng Lhls new norm as an essenLlal parL of Lhe
LradlLlonal freedom of speech and expresslon.

! '.I615 8; 163 #--A53K

lndeed, our Supreme CourL ls ever vlgllanL ln safeguardlng new rlghLs. !usL recenLly, lL
condemned Lhe vexaLlous, oppresslve, un[usLlfled and caprlclous delays ln Lhe
arralgnmenL" of Lhe accused. 1he CourL ruled LhaL hls deLenLlon for almosL Lwo years
wlLhouL havlng been arralgned, desplLe 14 aLLempLs Lo do so, vlolaLed hls consLlLuLlonal
rlghL Lo speedy Lrlal and speedy case dlsposlLlon. 1hls ueclslon, whlch l penned, sLressed
LhaL Lhe CourL safeguards llberLy and wlll Lherefore always uphold Lhe baslc
consLlLuLlonal rlghLs of Lhe people, especlally Lhe weak and Lhe marglnallzed." lor Lhe
Lransgresslon of hls consLlLuLlonal rlghL Lo speedy Lrlal, Lhe accused was ordered freed
and Lhe crlmlnal lndlcLmenL agalnsL hlm dlsmlssed.

! '.I61 18 ).;3 94K 18 ).G3:1F

1hus, Lhe hlllpplne Supreme CourL has lnvarlably looked, wlLh helghLened scruLlny, aL
cases evlnclng resLrlcLlons of fundamenLal rlghLs. As menLloned earller, any law
resLrlcLlng Lhese rlghLs comes Lo Lhe courLs wlLh a heavy presumpLlon agalnsL lLs
consLlLuLlonal valldlLy."

very recenLly, our Supreme CourL promulgaLed Lhree landmark declslons lnvolvlng:

(1) Lhe rlghL of Congress Lo summon execuLlve offlclals for lnvesLlgaLlons ln ald of
leglslaLlon, ln con[uncLlon wlLh Lhe people's rlghL Lo lnformaLlon on maLLers of publlc
concern,
(2) Lhe rlghL of Lhe people Lo peaceful assembly for redress of grlevances, and
(3) Lhe rlghLs of Lhe people under a sLaLe of naLlonal emergency." ln all Lhese cases, Lhe
Supreme CourL upheld Lhe prlmacy of clvll llberLles over governmenLal acLlons.

! -8"<8"957 !"#&>%"9<=

Whlle safeguardlng llberLy ls a falrly common Lask for Lhe [udlclary, nurLurlng
prosperlLy ls someLhlng even seasoned [urlsLs and lawyers may noL all readlly
undersLand and agree wlLh. Some [urlsdlcLlons may even dlsagree wlLh Lhe poslLlon
LhaL Lhe [udlclary should exerL consclous LhoughL and efforL Lo nurLure progress.
noneLheless, l malnLaln LhaL whaLever Lhe measure of a counLry's economlc progress,
courLs conLrlbuLe Lo Lhe achlevemenL or nurLurance of prosperlLy.