Introduction to Law - New Civil Code to obtain

stability
Atty. Teodoro Lorenzo A. - The law’s supreme ideal is the
Fernandez sway and dominance of justice
3. Obligatory
Recommended Annotations: - The purpose as to which they are
1. Rodelio T. Dascil, An Introduction intended to be enforced
to Law, (2013 ed.) 4. Prescribed by legitimate authority
2. Rolando A. Suarez, Introduction to - The authority makes people
expect to observe the law
Law, (2013 ed.)
- Authority to make laws is gives
to those duly chosen by the
LAW
sovereign will of the people.
- A system of rules that is prescribed,
- Section 1, Article II of the 1987
recognized and enforced on a
Constitution​: “...sovereignty
community/nation by legitimate
resides in the people and all
authority to regulate the actions of its
government authority emanates
members,
from them.”
- Any rule of action or norm of conduct
5. Ordained for the common benefit
that is applicable to all kinds of action to
- Salus Populi Est Suprema Lex​:
all kinds of creation — all laws
“the welfare of the people shall
- St. Thomas Aquinas​: “law is an
be the supreme law”
ordinance of reason promulgated by
competent authority for the welfare of
SOURCES OF LAW
the people.”
1. Legislation
● Ordinance of reason - rules and
- vested in the Congress of the
norms of conduct
Philippines (Senate and House
● Competent authority - those who
of Representatives)
are vested by the people; the
● Martial Law
gov’t, Senate and House of
- vested in the President of the PH
Representatives
- Presidential decrees (force of
● Welfare of the people - for the
law) x letters of instruction
general good of all Filipino
● Batasang Pambansa
citizens
- headquarters where decisions are
- Sanchez Roman​: “law is defined as a
made with the House of
rule of conduct, laid down by legitimate
Representatives
authority for common observance and
- President continued to make
benefit.”
decrees when there is an
emergency
ELEMENTS OF LAW
● People’s Revolt 1986
1. Rule of Conduct
- In accordance with the will and
- Serves as guides of an individual
wishes of the sovereign
2. Law must be just
Filipinos, 3 branches under the

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 doctrine of separation of powers
are restored
- Brought about a democratic and
effective system that responses
to the needs of the people
2. Precedent
- Decisions and principles
enunciated by competent
jurisdiction
- Guide and authority that should
be followed by all courts equal
or of inferior jurisdiction
- Can be overruled/reversed by a
superior court
● New Civil Code - “Judicial Decisions
applying or interpreting the laws or the
Constitution shall form a part of the legal
system of the Philippines.”
3. Customs
- Requirements for a custom: a)
must be proven factual
according to the rules of
evidence; b) must not be
contrary to the law; c) there
should be a repetition of acts and
these should be uniformly
performed; d) a judicial intention
to make a rule of social conduct,
and e) acknowledged and
approved by society through
long and uninterrupted usage.
4. Court Decisions
- Decisions of the court are not
laws
- Evidence of the meaning x
interpretation of the laws
● Stare Decisis
- Once a case was decided one
way, another case involving the
same questions and laws should
be decided in the same manner.
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- Wrong decisions should not be
perpetuated, but rather,
abandoned.
HIERARCHY OF LAWS
1. Constitution
- Supreme/highest law of the land
- All laws must abide, or else void
- Last part of Article 7 —
universally accepted principle —
is a “constant reminder” for the
officials to prevent abuse of
power.
2. Statutes
- laws are passed by the
legislatives
- Congress cannot provide every
detail of the law
3. Administrative Orders
- Authorized to implement law
- Issue the rules and regulations to
enforce the law.
4. Regulations
- Promulgated rules and
regulations that should not
extend the law, otherwise void.
CONSTITUTIONALITY OF A LAW
- The Supreme Court is empowered by the
Constitution to declare the
unconstitutionality of a law. The vote
required is the majority of the justices.
- To declare the law unconstitutional:
● The effects contravenes the
Constitution and principles
● Arbitrary method may have been
established
● The legislative body cannot
enact it
PARTS OF THE LAW
1. Title
- Subject matter of the law
 - Can only help in the construction
of the statute
- The general statement of the act
2. Preamble
- States the reasons/objectives of
the enactment
- Does not create/grant a right
- Not a source of government
power
3. Body/Context
- language of the statute consists
of words, phrases, and sentences
- Intention of the legislature (an
organized body that can make
laws)
- Meaning should be derived from
the act as a whole, not from any
single section/portion
4. Punctuation
- Aid of low degree and never
controls the meaning of the
written word
- Apparent in accordance with
legislative will = may be used as
an additional argument
5. Headings and Marginal Notes
- These are notes, not by the
legislature, but by compilers
- If the meaning and text of the
law is clear, then that shall
prevail
6. Legislative Definition and Interpretation
- The legislature defines texts and
construction, thus should be
followed by the courts
a) Interpreted in a certain
manner - courts should
follow instruction
b) Conflict - interpretation
clauses < legislative
meaning in the totality
of the statute
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c) Terms used in the statute
should be used in the
same sense as it was first
defined
d) Legislative definitions
of similar terms in other
statutes may be resorted
to except when the law
declares that the
definition is limited to
the application in the
statute they appear.
BASIC PRINCIPLES OF THE
CONSTITUTION
- The 1987 Constitution of the Philippines
is founded upon fundamental principles
of the government and has been part of
our democratic heritage as people
(culture).
Principles
1. Recognition of the aid of Almighty God
2. Sovereignty of the people
3. Renunciation of war as an instrument of
national policy
4. Supremacy of civilian authority over the
military
5. Separation of the Church from the State
6. Recognition of the family as a basic
social institution and the vital role of the
youth in nation-building
7. Guarantee of Human Rights
8. Government through suffrage
9. Separation of Powers
10. Independence of the Judiciary
11. Guarantee of Local Autonomy
12. High sense of Public Service Morality
and accountability of public officers
13. Nationalization of natural resources and
certain private enterprises that are
affected by public interest
14. Non-suability of the State
15. Rule of the majority
 16. Government of laws and not of men
IN RE: JOAQUIN BORROMEO, 241 SCRA
405, A.M. NO. 93-7-696-0, 21 FEBRUARY
1995
- “It is said that a little learning is a
dangerous thing; and that he who acts as
his own lawyer has a fool for a client”
- He is not a lawyer, but has read some
law books
➔ Superficially possesses some
knowledge of legal principles
and rules
➔ 16 years; instituting proceedings
- Former Chief Justice Enrique Fernando:
“with all valor of ignorance , he has the
audacity to joust in litigations and
proceedings”
- Is also taken to account for knowingly
spreading scurrilous statements against
the Court, the officers, lawyers and all
those that are of his adversaries.
- There attacks on legal proceedings were
generated by 3 transactions with 3
different banks:
1. Traders Royal Bank (TRB)
2. United Coconut Planters Bank
(UCPB)
3. Security Bank and Trust Co.
(SBTC)
➔ Failed to oblige in the
contractual agreements
➔ Imposed his own terms &
conditions
➔ Banks refused = lawsuits
- Not less that 50 cases/proceedings,
throwing baseless & outlandish
complaints & contentions to the Court.
Traders Royal Bank
➔ 1st mortgage of P45,000 to Socorro
Thakuria (sister) and Teresita Lavarino
➔ 2nd mortgage of P10,00
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➔ Obtained letter of credit with a sum of
P80,000
➔ Failed to pay and so sanctioned for
P73,529.09
➔ Blas C. Abril, Jacinto Jamero, Ronald Sy
United Coconut Planters Bank
➔ Executed a real estate mortgage of a
122-square meter lot
➔ Sold to Samson K. Lao for P170,000
without the knowledge and consent of
the UCPB
➔ Borromeo failed in the fulfillment of his
obligations
➔ To prevent anymore delinquencies,
Samson K. Lao made a loan with UCPB,
offering the immovable as a collateral
➔ UCPB agreed as long as Loa
consolidates his ownership over the
property = Borromeo opposed
➔ Cancellation of Lao’s application =
lawsuits by Borromeo
Security Bank and Trust Co.
➔ Obtained 5 loans with a sum of
P189,126.19
➔ Performance bond with Summa
Insurance Corp. with a limit of P200,000
DECS VS. SAN DIEGO, G.R. NO. 89572, 21
DECEMBER 1989
- “The issue before us is mediocrity. The
question is whether a person who has
failed the NMAT 3 times is entitled to
take it again.”
- Graduated from UE, BS Zoology
- Took the NMAT three times and failed
the same number of times
- Went to RTC of Valenzuela to compel
his admission to the test
STATE
- Community of human beings
permanently occupying a definite portion
of territory and has an organized
 government to which inhabitants render
habitual obedience.
- Political/legal concept
Elements of a State
1. People
- Inhabitants of a State, subjects to
be governed
- Capable of maintaining
existence of community
- Held together by a common
bond of law
2. Territory
- Has 4 domains:
● Terrestrial - fixed
portion of land
● Fluvial - rivers and lakes
● Maritime - certain area
of the coasts of the sea
● Aerial - air above the
land and its waters
3. Government
- Aggregate of institutions by
which society makes and carries
out rules of actions
- Political control by the body of
men
- Rules/laws = men to live in a
social state
4. Sovereignty
- Supreme power to command and
enforce obedience
- The people have the right to
constitute, change, and define
the jurisdiction of the gov’t
- Article II, Section 1 of the 1987
Constitution​: “the Philippines is
a democratic and republican
State. Sovereignty resides in the
people and all government
authority emanates from them.”
a) Indirect (Public Officials)
- People can’t govern
themselves directly
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- Exercised by qualified
and chosen people
b) Direct (Suffrage)
- electoral process (honest
and universal suffrage)
- The right to vote
GOVERNMENTS ACCORDING TO
LEGITIMACY
1. De Jure - established by the authority of
the legitimate sovereign
2. De Facto - established by the defiance of
the legitimate sovereign
a) Gets control by force/voice of
majority
b) Established by invasion of
military forces
c) Independent government; rise
from parent state
FUNCTIONS OF GOVERNMENT
1. Constituent
- Establish the very binds of
society; keep the order
- Protection of people and
property
- Fixing legal relations
2. Ministrant
- These are optional functions
- For the welfare of the people
- What the private capital would
not undertake
- What it is better to be equipped
in public welfare
CITIZENSHIP
- Personal and permanent membership in a
political society
- Possession of full civil and political
rights
- Imposes duty of allegiance to the State
- Article IV, Section 1​: “The following are
citizens of the Philippines: a) those who
 are citizens of the Philippines at the time Section 4: Derivative Citizenship
of the adoption of this Constitution; b) - Any unmarried child below 18 years,
those whose fathers or mothers are those who re-acquire shall be deemed a
citizens of the PH; c) those born on citizenship of the PH.
January 17, 1973; of Filipino mother; Section 9: Civil and Political Rights and
who elect Philippine Citizenship upon Liabilities
reaching the age of majority, and d) - Those who retain/re-acquire shall enjoy
those who are naturalized in accordance full civil rights and be subject to all
with the law.” liabilities and responsibilities under the
Modes laws of the PH. Conditions are:
1. Jus Soli a) Right of suffrage must meet
- The place of birth is the basis of Article V, Section 1
citizenship b) Seeking elective public still have
- Irrespective of parent’s requirements and sworn
citizenship renunciation of any other
2. Jus Sanguinis citizenship
- Blood relationship c) Oath of allegiance
3. Naturalization d) Practice of profession needs
- Forming/formally adopting a license/permit
foreigner noting him with the e) Cannot vote/run for office: 1)
rights and privileges of naturalized, and 2) part of
citizenship military in another country
- Cannot be a voter and run for
office LEGISLATIVE POWERS
Dual Citizenship Law: RA 9225 - The authority under the Constitution to
- Liberalize the reacquisition and retention make, alter, and repeal laws.
of the natural born citizenship, for: - Article VI, Section 1​: “The legislative
a) Filipinos who lost their power shall be vested in the Congress of
citizenship the Philippines which shall consist of a
b) Became a citizen of a foreign Senate and a House of Representatives,
country except to the extent reserved for the
Section 2: Declaration of Policy people by the provision on initiative and
- All citizens of another country shall not referendum.”
lose their Philippine citizenship Bicameralism
Section 3: Retention of PH Citizenship - Having double legislative chambers =
- Taking the oath of allegiance Senate and House of Representatives
a) Support and defend the 1. Advantages
Constitution ● A 2nd chamber is
b) Recognize and accept the necessary for a more
supreme authority careful legislation
c) True faith and allegiance ● Training ground for
d) Obligation without purpose of future leaders
evasion

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 ● Representation for both closed to the people,
regional and national responsive and sensitive
interests to needs
● Less susceptible to B. Qualifications
bribery - Natural-born
● Traditional form = - At least 25 years old
tested and proven - Able to read and write
2. Disadvantages - Registered voter
● Not worked out as an - Resident for not less
effective “fiscalizing” than 1 year preceding
● No assurance of better election
legislation C. Party-list System
● Produces duplication of - broadest possible
efforts and serious representation of all
deadlocks interests
● More expensive to - Various sectors of
maintain society should be heard
● Only wealthy - Usually from elite social
individuals get to make classes
it - Voted at large by the
Senate people
- 24 Senators that are voted by large = D. Sectoral Representatives
election held on 2nd Monday of May - 20% total representation
- Term of office shall be 6 years and shall - No single party must
commence noon on June 30 (cannot be hold 3+ party-lost seats
changed) - Non-traditional political
- Qualifications: a) natural-born; b) at least parties
35 years old; c) able to read and write; d) ➔ Greater
registered voter, and e) resident for at participation of
least 2 years preceding election day the marginalized
House of Representatives ➔ Represent the
- Lower chamber voiceless
- Composed of not more than 250 - Social justice
members, also known as the mechanism and healthy
“congressmen” democracy
- Elected from legislative and - After 3 consecutive
congressional districts and through a terms = win seats in the
party-list system House of
A. Term Representatives
- 3 years = noon on 30th
day
- Not more than 3 BILL
consecutive terms; be - A bill is a draft of a law

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 - Submitted to consider its adoption to the 8. Submission to Joint Bicameral
legislative body Committee
Step to turn a Bill into a Law - Differences of House and
1. First Reading Senate’s bill shall be
- Member presents the proposed compromised/reconciled
bill - Conference Committee of
- Filed with the Office of the members of both houses
Secretary 9. Submission to the President
- Read by number, title, and - Approved by both Houses =
names of authors transmitted to the President
2. Referral to Appropriate Committee - Either signs it to a law or vetoes
- Study and consideration and sends back veto message
- May conduct hearing and (forbid/deny)
consultation meetings - No communication within 30
- Approves: with/without days = bill becomes a law as if
amendments he signed it
- Recommends substitution Other Bills
- Disapproves: natural death 1. Revenue Bills
unless the House decides - Purpose is to save the raise of
otherwise revenue
3. Second Reading 2. Tariff Bills
- Forwarded to Committee on - Imposing customs duties for
Rules revenue purposes
- Calendared for deliberation to 3. Increase of Public Debt
read for the 2md time - Creates public indebtedness
4. Debates - Issuance of bonds and forms of
- General debate is opened and obligations from taxation
sponsorship speech 4. Bill of Local Application
- Amendments may be proposed - Local/municipal concerns
- May either “kill” or pass the bill - Creating/changing name
5. Printing/Distribution 5. Private Bill
- Printed the final forms and - Private interest = granting
distributed franchise/ corp.
6. Third Reading - Compensate personal damages
- Only title is read wherein the gov’t is liable
- Nominal voting: yeas and
nays/abstain EXECUTIVE POWER
7. Referral to Other House - Article VII, Section 1​: “The executive
- Other house does the same power shall be bested in the President of
procedures the Philippines.”
- Final signed by: Senate - The power to administer laws
President/Speaker of the House ➔ Carrying into practical
operations

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 ➔ Enforcing their due observance
President
- The Chief Executive
- Qualifications: a) natural-born; b)
registered voter; c) able to read and
write; d) at least 40 years of age, and e)
resident for at least 10 years preceding
election
- Term of 6 years; re-election is prohibited
Vice President
- Member of the Cabinet without
confirmation
- Same qualifications as the President
- 6 years, no more than 2 successive years
Elections
1. System of Direct Voting
- Direct popular elections
a) More democratic, and keeping
with the Filipino culture
➔ Individually vote leader
of choice
➔ Long history and
experience
b) Popular support = courage to
effect policies to promote the
greater good
➔ Strong national
executive who can deal
with problems of natural
survival and unite ethnic
groups
2. Congress in case of a tie
- Vote of majority by all members
of the Congress
- 2nd Monday of May
Section 8
- In case of death, permanent disability,
removal from office or resignation = VP
becomes the President
- If the same happens to the VP = Senate
President or Speaker of the House shall
act as President
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- Congress shall proves who shall serve as
the President with same restrictions
Vice Presidents Acts as President
- acting, does not mean incumbent
President
1. Fails to qualify
2. President is not yet chosen
3. Temporary inability/incapacity of the
President to discharge his powers/duties
Vice President becomes President
- can also serve the full term
1. Died or permanently disabled
2. VP shall serve the expired term
Sections 9
- President will nominate from Senate and
House of Representatives
- Winner of majority by the Congress
- Confirmed by the Congress
Section 15
a) Appointments within 2 months before
the end of term are prohibited
➔ Stop possible misuse enlisting
political support and for partisan
consideration
➔ Midnight Appointment: last
minute appointments
b) Vacancies prejudice public service and
endanger public service = temporary
appointments
➔ Urgent in public interests
➔ Permanent = debatable
Call-out Power
- The President is authorized to call-out
the Armed Forces to suppress lawless
violence, invasion, and rebellion
- The President is the
Commander-in-Chief, but he is not a
member of the Armed Forces
➔ Has control of military
organizations
➔ Create military tribunals
➔ Ultimate demand belongs to him
- Congress also shares authority
 ➔ Supplies money and makes laws
for governance
➔ The power to declare the
existence/state of war
Habeas Corpus
- An order by the Court directed to the
person detaining another to produce the
body at a designated time and place and
show sufficient cause for subsidy.
- Privilege of the Writ
➔ further order from the Court to
release an individual if detention
has no legal cause / authority
➔ Explanation of the cause of his
detention
➔ Court decides whether he/she is
sent back to custody or is set free
- Power to Suspend the Privilege
➔ There must be invasion/rebellion
and the public safety requires
suspension
➔ Shall not exceed the period of 60
days
➔ Applies only to those judicially
charged for rebellion or is
directly connected with the
invasion = person can be
released if not charged within 3
days; the right to bail is not
impaired
Martial Law
- All laws administered by the military
forces
➔ Military law proper
➔ Governing the conduct of
military forces
- Civil authority > military, but it is called
to aid in the execution of its functions
Power to Declare Martial Law
- The same conditions as suspensions of
habeas corpus
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➔ Declaration does not equate to
automatic suspension of Habeas
Corpus
- Make all needful rules and regulations
with the force of law
- President may place the entire
country/only a part of it under Martial
Law
➔ Emergency situations
➔ Ensuring the safety of the Nation
- Preservation of Public safety and hood
order
- President must submit report within 48
hours from the proclamation of any
suspension.
- The Congress is required to review the
proclamation
➔ Majority of the votes may
revoke the proclamation
JUDICIAL DEPARTMENT
- Judicial Power = the power to interpret
and apply the law
➔ Between state, private persons or
individuals
➔ Contests and disputes
➔ Duty of the courts of justice
Scope of Judicial Power
1. Adjudicatory Power
- Settle actual controversies
involving rights which are
legally demandable and
enforceable.
- Determine if there has been a
grave abuse of discretion
(lack/excess jurisdiction)
2. Judicial Review
- Pass constitutionality of laws
- Interpret and render binding
judgement
3. Incidental Powers
- Effective discharge of judicial
functions
 - Can punish persons
Grave Abuse of Discretion
- lack of jurisdiction
- Impulsive and arbitrary exercise of
judgement
- President/Congress cannot escape abuse
of power
Inferior Courts
- The lower courts are creation of law
- Congress may abolish/replace lower
courts
1. Regular Courts
a) Court of Appeals
- 69 justices, 23 divisions
- Administrative, ceremonial, and
non-adjudicatory functions
b) Regional Trial Court
- 720 RT judges, 13 regions
c) Metropolitan Trial Court
- each metropolitan area/capital
cities established by law
d) Municipal Trial court
- All areas outside the
metropolitan areas
- Municipalities
e) Municipal Circuit Trial Court
- 1 or more municipalities
grouped together according to
law
2. Special Courts
a) Sandiganbayan
- 14 justices + Presiding Judge
- 5 divisions
- Congress cannot anolish because
it is constitutionally recognized
- Has jurisdiction over criminal
and civil cases
b) Court of Tax Appeals
- 5 justices and Presiding Judge
- Created under RA 1125 and
amended by RA 9282
- Commissioner of Customs =
custom duties
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Supreme Court
- only one Supreme Court
- Highest court of the land
- 15 members including Chief Justice =
vacancy is required to be filled within 90
days
- Qualifications: a) natural-born; b) at least
40 years old; c) must be a judge of a
lower court and engage in the practice of
law for 15 years+, and d) a person of
proven competence, probity, integrity,
and independence
➔ Powers
1. Original Jurisdiction
a) Diplomatic Agents
- Ambassadors, Public Ministers
and consuls of foreign countries
- They are exempted from the
jurisdiction here because they
are considered extensions of
their countries
- Consuls are not exempted from
criminal persecutions
b) Petitions for Issuance of Writ - also those
against the Courts of Appeals
01. Certiorari
- Lower courts transmit
recors to suoerior court
for the purpose of
review
02. Prohibition
- When a party is acting
without or excess of its
jurisdiction, the writ
issues it to desist from
further proceedings
03. Mandamus
- Commanding a lower
courts to perform a
certain act which is his
duty to do
 - Affirmative remedy
ordering a certain act to
be done
04. Quo Warranto
- Recover an office from
an individual/corp.
unlawfully holding it
★ O.J. over all contests relating to elections
and returns, and qualifications of the
President and VP
2. Exclusive Appellate Jurisdiction
a) Cases of Great Public Interest
- Serious moment to individual
rights
b) Elevation of Cases to the Supreme Court
- The Congress should decide how
to elevate cases to the Supreme
Court
➔ Appeal - reviews all findings of
the law and facts
➔ Certiorari - review only
questions/errors of law
c) Cases Involving Errors of Law
- Cannot extend to reversing facts
- Limited to question of law
3. Assignment of Judges of Lower Courts
- Executive department transfer
judges, but only with the
approval of the Supreme Court
01. Temporary Assignments
- Enhances independence
of judiciary
- May be made without
the judge’s consent
- Must only be for 6
months
02. Permanent Assignments
- Should have consent of
the judge
- Need the extension of a
new appointment by the
President
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- Judge needs security of
tenure
03. Assignment within the Same
Region
- No need for consent
because the whole
regions is his station
4. Change of Venue
- Or place of trial
- Securing a fair and impartial trial
- Preventing miscarriage of justice
- Interest of truth and justice
5. Rule-making Power
- Vested by the Constitution with
full legislative authority to
promulgate rules concerning the
ff:
➔ Appointment of Officials and
Employees — Supreme Court
has the power to appoint in the
Judiciary in accordance with the
Civil Service Law
01. Protection and Enforcement of
Constitutional Rights
- Protect the rights of the
people
- Prevent unequal
application of the law
- Avoid the conviction of
someone/accused who
may be innocent
02. Pleading
- Act of presenting one!s
claim, answer, or
arguments in
prosecution of an action
- Presenting issues for
trial
- Written complaints and
answers thereto
03. Practice of Law
 - Performing services in
the court of justice
- Includes legal advice
and counsel
04. Procedure
- Method by which
substantive rights may
be enforced in the courts
of justice
05. Admission to the Practice of
Law or to the Bar
- Becomes a member of
the bar when authorized
by the Supreme Court to
practice law
- Has qualifications,
preparations and passed
examination
06. Integrated Bar
- The official national
unification of the entire
lawyer population
- Requires financial
support and membership
- Roll of Attorneys
- Purposes: elevate
standards of the legal
profession; b) improve
the jurisdiction/admin of
justice, and c) discharge
its public responsibility
better
07. Legal Assistance to the
Underprivileged
- Poor and uninformed
litigants are entitled to
legal assistance to
enforce their rights
- Free access to the courts
are not denied to people
by reason of poverty
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- Make people faithful to
our justice system that
will protect their rights
★ Congress has the power to
repeal, alter, or amend rules by
the Supreme Court
➔ En Banc — “as one body”
Cases that must inlove En Banc
are:
01. All cases involving the
constitutionality of a treaty,
international/executive
agreement, or statute
- always
- Concurrence of majority
of its members
02. Constitutionality of operation of
presidential decrees
03. Administrative cases
- decision for a dismissal
of a judge from lower
court
04. Cass heard by a division of at
least 3 members or En Banc
05. Cases modifying or reversing a
doctrine/principle of law laid
down by the court
➔ Judicial Review
- Power of the courts to
interpret the
Constitution and declare
any legislative/executive
act invalid
- Courts are the official
interpreters of the
Constitution
➔ Judicial And Bar Council -
principal function of
recommending appointees
- Members
01. Chief Justice - ex officio
chairman
02. Secretary of Justice
 03. Rep. of the Congress -
ex officio member
04. Rep. of Integrated Bar
05. Professor of Law
06. Retired member of the
Supreme Court
07. Rep. of the Private
Sector
★ Regular members shall
be appointed by the
President for a term of 4
years
★ For every vacancy, the
President shall appoint
from the list of at least 3
nominees
★ Appointment should be
within 90 days
Periods
- Courts must decide/resolve a of settlement of labor disputes
case/matter:
1. Supreme Court — within 24 months
2. Courts of Appeals — within 12 months
unless reduced by the Supreme Court
3. Lower Courts — within 3 months unless
reduced by the Supreme Court
★ If overlapped = certification signed by
the Chief Justice which shall be attached
to record
★ For the people’s right to speedy justice
— ​“Justice delayed is justice denied”
LABOR LAW
- Govern the rights and obligations of
employers and employees and providing
rules by which rights may be enforced
- Main source: ​Presidential Decree No.
442 (Labor Code of the Philippines)
➢ Enacted on May 1, 1974 (Labor
Day) by Ferdinand Marcos
➢ Took effect 6 months later =
November
- divided into 6 books
Prepared by the Academic Affairs Committee
Head: Dan Lim Co-Head: Ann Gener
- Rules and Regulations issued by
administrative agencies
- Purpose: a) afford protection of labor; b)
promote employment and human
resources development, and c) ensure
industrial peace based on social justice
Labor Standards
- minimum requirements prescribed by
existing laws relating to wages, hours of
work, and other monetary and welfare
benefits
Labor Relations
- Rules and regulations that govern the
relationship between employees and
employers
- Promite rights of employees to
self-organization and collective
bargaining
- Penalizes unfair labor and provide modes
Employer
- Any person acting in the interest of an
employer, directly/indirectly
- Labor organization, officer, agents & not
included
Employee
- Any person in the employ of an
employer
Employer-Employee Relationship
- existence of 4 elements:
1. Selection and engagement of employee
2. Payment of wages
3. Power of dismissal
4. Power to control employee to
accomplish work
Control Test
- Employer has reserved the right to
control the employee
- Means and methods by which work is
accomplished
Management Rights
- protected by labor laws
 - Management is an incident to the
conduct of its business
1. Right to selection of employees
2. Right to discipline employees
3. Right to prescribe company rules
4. Right to transfer/re-assign employees
5. Right to determine company policy
Kinds of Employment
1. Probationary
- Not exceed 6 months from the
day the employee started
working
- Observe the fitness of
probationary employee to work
= prove the qualifications
2. Regular
- There is a reasonable connection
between the task of the
employee to the usual business
of the employer
3. Project
- Hired for a specific project
- Completion/termination of the
project has been determined
4. Seasonal
- Work to be done is seasonal in
nature
- Employment is the duration of
the season
5. Casual
- work is merely incidental (or
very minor)
- Jon is for s definite period
6. Fixed Term
- Employee is engaged to the
usual business, but a completion
will be determined
- There is a deadline
Terms and Conditions of Employment
- this is a matter of right on the part of the
laborer
- Covers all employees in all
establishments except the ff: a) gov’t
Prepared by the Academic Affairs Committee
Head: Dan Lim Co-Head: Ann Gener
employees; b) managerial employees; c)
field personnel; d) family of the
employer who are dependent; e)
domestic helpers/in personal service of
another, and f) workers paid by result
1. Hours of Work
- Normal working hours = 8 hours
a day maximum
➔ Short rest periods shall
he counted
➔ Waiting time is also
considered
2. Meal Periods
- Employees given min. of 60
minutes for regular meals
- Prescribed by the Secretary of
Labor and Employment
3. Night-Differential
- paid a min of 10% of regular
wage for each hour
➔ Between 10pm-6am
➔ Rendering work past his
bedtime
4. Overtime
- beyond 8 hours = additional
compensation (at least 25% of
regular wage)
- Overtime on holiday/rest day =
additional compensation (at least
30% of the regular rate)
- Undertime does not equal to
overtime (or else worker is at a
disadvantage
CONCEPT AND NATURE OF MARRIAGE
- Permanent union of man and woman
- Article 1, New Family Code​: Marriage is
a special contract, of a permanent union
between a man and a woman entered into
in accordance with law for the
establishment of conjugal and family
life.
Essential Requisites
Under ​Article 2 of the New Family Code
1. Legal capacity of the contracting parties
who must be male and female
2. Consent freely given in the presence of
the solemnizing officer.
Formal Requisites
Under ​Article 3 of the New Family Code
1. Authority of solemnizing officer
2. A valid marriage license except in the
cases provided for in Chapter 2 of this
Title
3. A marriage ceremony which takes place
with the appearance of the contracting
parties before the solemnizing officer
and their personal declaration that they
take each other as husband and wife in
the presence of not less than two
witnesses of legal age.
enforce/protect a right or to prevent the
commission of a wrong
4. Special Proceedings - civil remedy taken
to establish the status or right of party or
to establish a particular fact
5. Criminal Procedure - provides for the
apprehension, prosecution, conviction or
acquittal of a person who is accused of
having committed a crime
➔ Criminal Jurisdiction: the
authority to hear and try a
particular offense and impose
the punishment for it
6. Evidence - the means sanctioned in the
Rules of ascertaining in judicial
proceeding the truth respecting a matter
of fact
7. Rules concerning admission to the
practice of law

CRIMINAL LAW
- That branch of public law which defines “An investment in knowledge
crimes, treats of their nature and
provides for their punishment always pays the best interest.”
― Benjamin Franklin
REMEDIAL LAW
- Provides for the remedies and the
procedures to be observed by way of
enforcing rights and obligations
- Provides for the procedure of enforcing
rights
New Rules of Court
1. Civil Procedure - treats the enforcement
and protection of rights in civil cases
2. Provisional Remedies - remedies which
may be availed of by the petitioner
which are temporary in character
because they are subject to some
modifications that may be ordered when
judgment is finally rendered
3. Special Civil Actions - an action
whereby one party sues another to

Prepared by the Academic Affairs Committee

Head: Dan Lim Co-Head: Ann Gener