Sixty Years of the Philippine Law

Introduction
Law's prime function is telling men how to live like customs and religion. es
Similarities: (1) Regulating life through dogmatic commands in the interest of certain
ends thought to desirable, (2) The subject matter is human conduct and the concern is its
control through dogma. Distinction: Ancient law proceeded from a lawgiver who was the
conserver of ancient traditions and the sporkesman of the gods. Modern law is a response
to modern world conditions resulting to the secularization of life.
As the medieval outlook fades, worldly activity became legitimated which denied the
claim of religion that life was its domain. Result: (1) economics and politics indepent from
religion had their own laws (2) State separate from Church which resulted to (3) Law was
divorced from ecclesiastical moorings and was made secular - no longer from the will of
God but now attributed to the will of the State.
Same forces which made life secular, made it complex. It supported the
acknowledegment of a soveriegn society (Factors: Rise of national state under a central
govt., population increase and advance of industry produced problems w/ch encouraged
the growth of royal power, science and technology furnished weapons w/ch enabled the
king's men to make his will supreme.)
Concentration of power established the mechanism of transforrmation of custom/tradition
into law. Legislation as a habit, easy to acquire but difficult to arrest or forego as it
continued even when the king/emperor was made to yield his power of command to a
parliament or assembly chosen by people. Legislation - a steady assimilation of
customary rules: when existng rules can't cope with situations, statutes were devised and
promulgated to fill the gaps and modernize existing rules. In England, the absorption of
customs into common law was accelerated by courts.
Today, the propensity to legislate is still with us. Private affairs may be handled through
private initiative, but those activities with social importance was managed through a
body a custom embodied in a statute just like trade and commerce' statutes on
insurance, negotiable instruments and warehouse receipts. The field of law has expanded
as to embrace the known social relations, whether between man and society or between
man and man.
The Structure and Sources of Philippine Law
Today, public business is carried out through a great mass of written rules called
Philippine law that sets forth a complex system of rights and duties, as well as the proces
by w/ch these are established, ascertained and enforced.
Beginning: the system share its conciousness of its limitation as shown in the allocation
of power in the constitution: people as ultimate source of power, some are reserved to
their exercise, the rest are bestowed upon the constituted government in line with
people's consent and interest.
Safeguards against abuse of Power
1.) Bill of Rights (retained by the people) - prevents tyranny, assures fair trial, opportunity
to express his private views on public questions
2.) Tripartite Govt. - delegated power divided the functions performed according to
specific rules so it wil be considered legitimate and binding (legislative, executive and
courts). Ex: Private bills (Rule: originate from lower house).

Legal system would begin with the fundamental rules in our constitution and treaties and
would end with the statute law, consisting of legislative enactments which puts civil law
tradition without the dignity of inclusion in some code. Nevertheless, the influence of
Anglo-American has not been wholly lost as we concede that the judges do their bit in
building up the law, even if we don't really accept the notion that courts never add
anything new. Yet, judicial decision is still included in our legal system. Consistent with
civil law, courts are still thought to do no more than ascertain legislasture intent.
EOs, proclamations, ordinances, authorized regulations and governement agencies'
decisions enjoy ambiguous status of being not strictly a law but have the force and the
effect of law.
Hierarchical arrangement of legal rules is a matter of theoretical interest but of practical
importance so one may know which rules control all others and which rules must yield to
another in the event of irreconciliable conflict. (Hierarchy: 1. Consti, 2. Statutes and 3.
Ordinances and ruling). Hierarchy is a process of testing the validity of legal rules incident
to the administration of justice by the courts refining law toward consistency.
Historically, the development of law has a pattern not only of change but of endurance
and growth
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