1.
Classification of laws:
Positive law
a. as to nature of the subject matter
public law- rules and regulations which
regulate the relationship between state
and subject
private law- laws which regulates the
relationship of individuals.
1
b. as to purpose
substantive- prescribe the rights,
privileges and obligations of persons
procedural (or remedial)- manner that
govern by which the substantive rights
and duties are vindicated or enforced
2
c. as to application
prospective (irretrospective)- laws
applied after its effectivity
retroactive – laws applied before its
effectivity date
3
2. natural law
physical- rule of action that governs the
conduct and movement of things which are
non-free and material
divine law - rules set by the authority of
God
moral law – set of rules which establishes
what is right or wrong as dictated by the
human conscience
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Overview of the Court System
- Separation of powers
- Power of the courts to conduct judicial review
- Court hierarchy
5
Criminal action
- one which the State
prosecutes a person
for an act or omission
punishable by law
- Commenced by a
complaint or
information
- Brought in the name of
the state with the
private complainant as
witness
Civil action
- party sues another for
the enforcement or
protection of a right,
or prevention or
redress of a wrong
- Commenced by a
complaint or petition
by a private person
- Brought in the name of
the real party in
interest
6
Jurisdiction
-power and authority
of the court to hear,
try and decide
cases
- conferred by law
- Establishes a
relations between
court and subject
matter
Venue
- place where the
case is heard or
tried
- May be waived or
agreed upon by the
parties
- Establishes
relations between
plaintiff and
defendant
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SOURCES OF LAW:
1.
Constitution – supreme law of the land
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SOURCES OF LAW:
2. Statutes – act of the legislature as an
organized body politic, expressed in the
form, passed according to procedure
required to constitute it as part of the law
of the land
- should be in harmony with the
Constitution
9
SOURCES OF LAW:
3. Administrative orders, rules and regulations
passed by the executive department
4. Judicial decisions: once a case has been decided,
such decision stands until reversed or modified
(doctrine of Stare Decisis)
10
SOURCES OF LAW:
5. Customs
6. Generally accepted principles of
international law
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How a bill becomes a law:
I. Bill is introduced in the House of
Representatives or the Senate
1. First reading –reading of title/author
- referring to appropriate
standing committee
- Committee studies it,
if favorable,
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2. Second reading – floor discussions; period of
amendments; voting
3. Third Reading –distribution of bill in final
form; roll call vote
II. Bicameral committee is constituted to
discuss conflicting provisions ; floor
deliberations on committee report; voting
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III. Presidential action
a) signs
b) fails to act within 30days from submission,
then the bill becomes a law
c) can veto bills originating from the HoR, and
both houses can override veto by 2/3 votes
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Local government units have delegated powers which they
exercise through their respective sanggunians by passing
appropriate ordinances and resolutions.
Ordinance
Resolution
Sanggunian measure that is
general in scope and with
relative permanence
Sanggunian measure that is
specific in scope and
temporary in character.
local law
Not considered local law
exercise of governmental
functions
Mere expression of
sentiment or emotion
exercise of proprietary or
private LGU functions
5.
1.
2.
3.
4.
Proposed ordinance introduced
by sanggunian member
Submitted to the Sanggunian
Secretary for recording and
calendar and inclusion in Order
of Business
First Reading. Presiding Officer
endorses same to proper
committee for study
Public hearings
6.
Second Reading. Presentation of
committee report, debates and
amendments.
Third Reading. Sanggunian
votes for the measure, Secretary
registers each member’s vote.
7.
Submission to LCE for approval
8.
Once approved, valid ordinance
9.
Ordinance effective after 10
days from posting.
Parts of a statute:
1.
Title: provides general subject matter of the legislation
An act to promote, require and ensure the production
of an adequate supply, distribution, use and
acceptance of drugs and medicines identified by their
generic names
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2.
Enacting Clause: declares the source of the
promulgation
“Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:”
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3.
4.
Body: contains the provisions of the law
Repealing Clause: states a standard clause or
states a specific law intended to be repealed
Section 14. - All laws, decrees, executive orders,
proclamations and administrative regulations or parts
thereof inconsistent herewith are hereby repealed or
modified accordingly.
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5.Separability Clause: in case a part of the statute is
declared unconstitutional by the courts, the sep clause
provides that the other portions not affected thereby
shall still be in force and effect.
- Any portion or provision of this Act that may be
declared unconstitutional or invalid shall not have
the effect of nullifying other portions and provisions
hereof as long as such remaining portion or
provision can still subsist and be given effect in their
entirety.
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6.Date of Effectivity: provides the date when the
law will take into effect.
Section 15:This act shall take effect after 15
days after its complete publication in the Official
Gazette or in a newspaper of general circulation.
Other laws provide for their own dates of
effectivity. Generally laws are prospective in
application.
22
Republic Act 9211: Tobacco Act
-
-
to protect the populace from hazardous products
and promote the right to health and instill health
consciousness among them.
- to promote the general welfare, to safeguard the
interests of the workers and other stakeholders in
the tobacco industry.
23

institute a balanced policy whereby the use,
sale and advertisements of tobacco
products shall be regulated in order to
promote a healthful environment and
protect the citizens from the hazards of
tobacco smoke, and at the same time
ensure that the interests of tobacco
farmers, growers, workers and stakeholders
are not adversely compromised.
24
Republic Act 9502: Cheaper Medicines Act


protect public health and, when the public
interest or circumstances of extreme urgency
so require, it shall adopt appropriate
measures to promote and ensure access to
affordable quality drugs and medicines for
all.
an effective competition policy in the supply
and demand of quality affordable drugs and
medicines
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
recognizes as a reserve instrument the
regulation of prices of drugs and medicines,
with clear accountability by the implementing
authority as mandated in this Act, as one of
the means to also promote and ensure access
to quality affordable medicines.
26
Del Rosario vs Bengzon , GR 88265, December
21, 1989 (180SCRA 521)
Facts:
1.This is a class suit filed by officers of the
Philippine Medical Association to declare
some provisions (Sec 6) of RA 6675 and Sec.
4,4 Phase 3 of AO 62 as unconstitutional.
27
2. Petitioners argue that Sec 6 is alleged
unequal treatment of government physicians,
dentists and veterinarians vs. those in private
practice in the manner of prescribing generic
drugs
3. Letter (d) gives the salesgirl at the
drugstore the authority to substitute the
prescribed medicine with another medicine
belonging to the same generic group
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ISSUE: Whether or not the questioned sections
of the law are unconstitutional
RULING:
1. Sec. 6 (a) enumerates the government
transactions involving all government health
agencies and their personnel, while (b) covers
all medical, dental and veterinary
practitioners. The use of “all” emphasizes the
absence of any distinction
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2. The salesgirl at the drugstore merely
informs the customer al the other drug
products or brands that have the same
generic name and their prices.
30
3. The purpose of the law:

To promote, encourage and require the use of
generic terminology in the importation,
manufacture, distribution, marketing, advertising
and promotion, prescription and dispensing of
drugs;
To ensure the adequate supply of drugs with
generic names at the lowest possible cost and
endeavour to make them available free for indigent
patients;
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

To encourage the extensive use of drugs with
generic names through a national system of
procurement and distribution;
To emphasize the scientific basis for the use of
drugs, in order that health professionals may
become more aware and cognisant of the
therapeutic effectiveness; and
To promote drug safety by minimizing duplication
in medications and/or use of drugs with potentially
adverse drug interactions.
32
Statutory Construction and Interpretation:
Construction: art or process of discovering and
expounding the meaning and intention of the
authors of the law
Some rules:
a) Intent of the law prevails
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b) Criminal statutes are to be construed strictly
c) Doctrine of binding precedent
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d) Shall versus May
SEC. 17. Drugs and Medicines Price
Regulation Authority of the President of the
Philippines. - The President of the
Philippines, upon recommendation of the
Secretary of the Department of Health, shall
have the power to impose maximum retail
prices over any or all drugs and medicines
as enumerated in Section 23.
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The Secretary of the Department of Health may
also create such bodies, consultative
councils, from which advice may be sought in
the implementation of a drug or medicine
price monitoring and regulation policy. Such
bodies or consultative councils created by the
Secretary of the Department of Health shall
coordinate its efforts together with other
government agencies.
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Fundamental and inherent powers of the
state:
Police power- the most essential, insistent
and the least limitable of powers, extending
as it does to all public needs. Negatively, it
has been defined as “that inherent and
plenary power of the State which enables it
to prohibit all that is hurtful to the comfort,
safety and welfare of society”. (Ermita- Malate
v Mayor. L- 24693, July 31, 1967)
37
Police power – scope is comprehensive as to
encompass almost all matters affecting
health, morals, peace, education, good order
or safety and general welfare of the people
- for ex, the right to regulate the practice of
medicine is based on the police power of the
state
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Eminent domain - power of the State to acquire
private property for public purpose upon
payment of just compensation
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Taxation - power of the State to demand from
the members of society their proportionate
share or contribution in the maintenance of
the government
40
Sources:
2003
Suarez, Rolando, Introduction to Law, 4rd ed,
Aguilar, Narciso M., Legal Hermeneutics
Phraseology and Statutory Construction, vol 1, 2003
Dasell, Rodelio T., Threshold to the Legal
Profession An Introduction to Law, 2004
Rodriguez, Rufus B., Introduction to Law, 2001
Bernas, Joaquin G., The 1987 Philippine
Constitution A Comprehensive Reviewer, 2006
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Assignment
Chapters 8-16
Medical Act of 1959, as amended
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