CHAPTER I
This system revolves around three separate and sovereign yet interdependent branches:
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the legislative branch (the law-making body),
the executive branch (the law-enforcing body),
and the judicial branch (the law-interpreting body).
Law – any rule according to norm of conduct applicable to all kinds of action and to all objects of
creation.
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It is a rule of conduct
Law must be just
It must be obligatory
Law must be prescribed by legitimate authority
Law must be ordained for the common benefit
CJLACBO
CLASSIFICATIONS OF LAW
Natural Law – from force and authority from God; most superior; followed by all countries
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Physical Law – Universal law that govern movement of things that are non-free and material
Moral Law – set of rules establishing what is right or wrong; based on human conscience
inspired by eternal law
Law of Nature – law of gravity
Positive Law – promulgated expressly or directly
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DIVINE LAW
o Divine Positive Law - Ten commandments
o Divine Human-positive law – like commandments of the Catholic church
o Human Positive law – Congressional Statutes or Executive order
PUBLIC LAW
o Constitutional Law – fundamental law of the land; defines powers of government
o Administrative Law – law fixing organizations and determines competence of authorities
o International Law – rules regulating the nations
o Private Law – body of rules creating duties, rights, and obligations, and methods for
setting courts in motion; for enforcement of right and redress of wrong
 Substantive Private Law – rules declaring legal relations of litigants when courts
move to action with facts
 Procedural or Adjective Private Law – means and methods of setting the court in
motion, making facts known to effectuate judgment
CONSTITUTIONAL LAW
PRIVATE SUBSTANTIAL LAW – rule of contracts
ADMINISTRATIVE LAW – for government bodies
SOURCES OF LAW
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Legislation – power vested in Congress or the law-making body; exception is the Presidential
Decree by Marcos during Martial Law
Precedent – principles or decisions by court of competent jurisdiction on a question of law;
guide to be followed by courts of lower jurisdiction; ultimate precedent from Supreme Court
Custom – force of law that are long acknowledged by society through long and uninterrupted
usage.
o Must be a proven fact according to rules of evidence
o Must not be contrary to law
o Must be a number of repeated acts and these must be uniformly performed
o Must be a judicial intention to make a rule of social conduct
o Must be acknowledged and approved by society through long and uninterrupted usage
Court Decision – judicial decrees which apply or interpret the Constitution and laws; however,
they are not laws but still are evidence of the meaning and interpretation of claws
STARE DICISIS – once a case has been decided in a way, a similar case will also be decided in that
certain way; does not include ones that are contrary to law; To stand by things decided
o Vertical (decision of higher level followed by lower level) vs. Horizontal decisis
CHAPTER II: World Legal Systems
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Roman Law – guide by the Romans in observing personal and official affairs without specifying
period of time the rules were adopted; dominated by ritualism
o Just Quiritum – or ritualism
o Jus Civile – civil law
o Values and importance of Roman Law
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o
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Three Periods of Roman Political History
 Monarchy
 Republic
 Empire
Anglican or Common Law – derived from case law and books of authority; unwritten law found
and derived from rules and principles from time-honored usage and customs that received
acceptance in the court of law
Mohammedan Law – observed by the Muslims providing it does not conflict with the general
law
BLENDING OF LEGAL SYSTEMS IN THE PHILIPPINES
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Roman Law – where Civil Code is based
Procedural law observed by Muslims
Judge cannot decline to render judgment by reason of silence, obscurity, or insufficiency of the law
Judge may still follow:
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Customs, public order/policy; court decisions (foreign or local); legal opinions my qualified
writers and professors; general principles of justice and equality; rules of statutory construction
Interpretation of the Law – by the law-making body; judge applies law without fear or favor
1.
2.
3.
4.
When law’s meaning is clear, no need to interpret further
Court shall interpret according to the legislation’s meaning
Two meanings of Law: ends desired by congress and should be adopted
Laws of pleading, etc. to assist parties in speedy and inexpensive determination of
action/proceeding
5. If in doubt of unclear meaning, it is still for the right and just to prevail
Application of Laws – should apply the real intention of the legislature; court’s duty to carry out law
CHAPTER III: Law and its Application
Court’s duty is to decide every case. If law is insufficient, he may judge on the grounds of,
1.
2.
3.
4.
Customs which are not contrary to law, in similar cases
Court decisions, foreign or local, in similar cases
Legal opinions of qualified writers and professors
General principles of justice and equity
5. Rules of statutory construction
In criminal cases, there is no crime when there is no law punishing it (NUlla Poena Sine Lige). If there is
no law, the judge must dismiss the case
Interpretation of Laws
a.
b.
c.
d.
e.
Duty of judge to apply law without fear or favor. Lawmaking body intended right and justice to
prevail (Art. 10, NCC)
If law is clear and unmistakable, no nned to interpret further
When interpretation is necessary, court should interpret it according to what the legislature
intended
If there are two possible interpretations of the law, end desired by congress should be adopted
Laws of pleading, practice, and procedures are likely liberally constructed in order to promote
their object and to assist the parties in obtaining just, speedy, and inexpensive determination in
every action and proceeding
In case of doubt in application and interpretation, it is intended for what is right and just to
prevail
Applications of Law
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Important to discover the real intent and purpose of the legislature
Statutory Construction, its concept, purpose, and effect
Statutory construction – act or process of discovering and expounding the meaning and intention of the
authors of the law with respect to its application to a given case, where the intention ir rendered
doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law
Construction Distinguishes from Interpretation
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Same purpose to ascertain and give effect to the legislative contect.
Interprets makes use of intrinsic acts found in the statute
Constructs make extrinsic aides or those found outside the written languages of the law
ONE MUST INTERPRET FIRST BEFORE HE CONSTRUES – to ascertain legislative intent, courts
should be guided by intrinsic aids, no need to use extrinsic aids
Intrinsic Aids – preamble, title, words, ohareses, sentect context, etc. Found on law itself
Extrinsic Aids – Contemporanous circumstances, policy, legislative history of the statute, etc. by the bar
and legal commentators
Interpretation and construction used to ascertain and give effect to the legislative intent
A. Necessary to interpret and construct when: a. the language of the statute is ambigious or
doubtful; b. when reasonable minds disagree as to meaning of the language used in the statute
B. Not Necessary when the law speaks in clear and categorical language; DUTY OF COURT TO
APPLY THE LAW, NOT TO INTERPRET IT
ANYONE CAN INTERPRET THE LAW, however, it is not necessarily conclusive nor can they bind the
courts; definite and authoritative binding lies on the lower ranks of the judicial hierarchy
CHAPTER IV: The Legal Profession and the Qualifications and Procedures for
Admission to the Practice of Law
8 REQUIRENMENTS TO BECOME A LAWYER
1. Citizenship – natural born (jus sanguinis by blood) and naturalized born (fully become Filipino
who are previously not Filipino, same priviledged with those naturally born
2. Age – atleast 21 year old of age
3. Residence – must be resident of the Philippines (animus revidendi)
4. Educational Requirements – complete a four-year degree; should complete law school; should
have constitution subject in college or PI 100); 18 units English, social sciences, and 15 units of
math
5. Moral and other qualifications – good moral character, can take bar exam as long as no charge
against him involving moral turpitude (crime that is insult to morality
a. Crimes involving moral turpitude
6. Bar examination – exam to measure the mental and moral capacity of the person including the
knowledge to the law; test if you can handle clients and cases in accordance with the theory;
average 75% in all subject; two persons (? Witness); good standing; headed by the justice of SC
a. Eight major subjects – 8 subjects, 4 days, 2 subjects per day; 8am-5pm in the afternoon,
can still be extended by organizers if they think exam is difficult enough
i.
ii. 15% for political law and IL, 10% labor law
iii. 15% Civil, 10% Taxation
iv. 15% Mercantile/Commercial, 10% Criminal Law
v. Remedial law (rules of court) 20%, legal ethics 5%
vi. “Salubong” after the last subject
b. Fountain pen and sign pen, should be only black or blue?
c. No smudgings, or drawings
7. Oath – lawyer’s oath; oath before supreme court en banc; in front of all justices
8. Attorney’s Roll – signing of the rolls, book containing the lawyers from 1901 to the present;
affixating name and signature
SECOND REQUIREMENT AFTER ADMISSION TO THE BAR
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4.
Must be a member of the IBP
Must regularly pay all IBP membership dues and other lawful assessment
Must observe faithfully the rules and ethics of the profession
Should subject to judicial disciplinary control
Reuirements are important for the practitioner to be mentally and morally fit to discharge their duties
Procedure for Admission to the Practice of Law
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Bar of the Philippines; First day, Second day, Third day, Fourth day
Must have an average of 75% in all subjects without falling below 50% in any subject
THREE FAILURE RULE disqualified, may take fourth or fifth time after succeeding a refresher
course
LIFTED FIVE STRIKE RULE ON 2018
Practice of Law is more of a priviledge than a right; possesses by people who are learned and known to
possess good moral character (Tan V. Sabandal); firm that it is exclusively available for lawyers
(Cayetano V. Monsod, P appointed as commissioner to the COMELEC, court held that practice of law is
in or out court that needs knowledge and experience, performed by people in the legal profession with
authorized of legal knowledge); makes a lawyer apply legal knowledge to serve; litigation and
representing clients; teaching subjects about law; writing articles and provisions; whether or not
cayetano is suited to be a commissioner because he is not a lawyer, court ruled he still practices law
because his actions are not limited to litigation); practice not only available to lawyers
Adherence to the law – different
Law is a profession and not a business; Some controlling power, some moderation, and judgment must
be exercised. (Conrad V. Navarro)
Duties of a lawyer
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Allegiance to the Republic of the Philippines; support constitution; obey the laws
Observe and maintain respect due un courts of justice and judicial officers
Counsel and maintain actions and proceedings only to appear to him to be just,
To employ, for the purpose of maintaining causes confided to him; truth and honor; never
mislead the judge or judicial officer with false statement or fact or law
To maintain inviolate the confidence, and at every peril to himself to pressure the secretion of
his client, and to accept compensation
Abstain from offensive personality
Not to encourage the commencement or continuation of an action or proceeding or delay any
men’s cause from corrupt motive or interest
Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed
In the defense of the person accused of a crime, by all fair and honorable means, regardless of
his personal opinion as to the guilt of the accused, to present every defense that the law permits
to the end that no person may be deprived of the life or liberty, but by due process of the law
Lawyer’s compensation – written contract for services
Disciplinary power over attorneys – may be removed or suspended for any deceit, malpractice or other
gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime
involving moral turpitude or for any violation of the oath which he is required to take before admission
to practice, or for corruptly or willfully appearing as such attorney for a party case to a case without
authority to do so. Practice of soliciting cases at law, for the purpose of gain, either personally or
through pain agents or brokers constitutes malpractition. CA or RTC may suspend the attorney and shall
not practice his profession until further action of the SC
Integrated Bar of the Philippines – official unification of all lawyers in the Philippines under one aofficial
national organization; regulated by the Supreme Court
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