Basic Concepts
Atty. Marcos A. Buliyat, Ed.D.
Basic Concepts
•“Government of laws and not of Men”.
•“Structures are man made, yet
structures also make a man” (Analogy
of the Alarm Clock and Laws and the
Government)
Rule of Law
•– the law is above
everyone and it applies to
everyone.
Nemo Est Supra Legis
•– no one is above the law and
everyone bow to its majesty
whether governor or governed,
rulers or ruled.
Law (St. Thomas Aquinas)
•The law is an ordinance of
reason for the common good,
promulgated by one who has
care of the community.
Requisites of Law
Requisites of Law:
•1. A law is an Ordinance (an active and
authoritative ordering or directing of human
acts in reference to an end to be attained by
them).
•2. It is an ordinance of reason and not just an
arbitrary or whimsical decree of the
legislator’s will. It must be just, honest,
possible of fulfillment, useful and permanent
and promulgated.
Requisites of Law:
•3.Purpose of the law- It must be
promulgated for the common good.
•4.A law is promulgated in a society.
Requisites of Law:
•5. Promulgated by one charged to
care for the community or society
(lawgiver/ legislator) – establishes
sanctions for violators of the law,
inducements that are strong to lead
reasonable men to follow the
prescriptions of the law.
Rule of Law vs Rule by Law
Rule of Law vs Rule by Law:
•Rule of Law – the law is preeminent and can
serve as a check against the abuse or power.
•Rule by Law – the law can serve as a mere tool
for government that suppresses in legalistic
fashion…By Li Shugang. (Tamanaha, 2004:3).
“We are government of laws and not of men”
•Rule of law is a tenet of
democracy and serve as
foundation of any civilized
society.
Definition of Law
•Law – a set of rules prescribed
by the state to maintain order
and protect persons and
property from harm.
Natural Law
•Natural Law – set of laws whose content are set
by nature and has validity everywhere of is
existing only in our faculty and conscience.
a.Natural moral law – e.g. do good and avoid evil
b.Law of nature – e.g. law of gravity
Positive Law
• Positive Law – set of laws promulgated by selective
or elected authorities.
a.Human positive law – e.g. statutes and executive
issuances;
b.Divine positive law – e.g. the Ten Commandments
Human Positive Law
• Elements:
a) reasonable rule of action
b) due promulgation otherwise obedience can hardly be
expected
c) promulgation by competent authority
d) generally a sanction imposed for disobedience.
Types of human Positive Law:
a.Statutory law – formal written enactment of
legislative authority.
b.Constitutional law – study of the constitution.
c.Case law – decision promulgated by the court.
Sources of Educational Laws
Sources of Educational Laws:
1. Constitution
2. Statutory law
3. Regulatory law – rules and regulations issued by government agencies
based on statutes.
4. Case law (Jurisprudence)
5. Legal opinion
6. Local law or ordinances
• N.B. All other sources of law defer or conform to the paramount law
(Constitution).
Art. II Sec. 17 of the 1987 Constitution:
• “The state shall give priority to education, science
and technology, arts, culture and sports to foster
patriotism and nationalism, accelerate social
progress and promote total human liberation and
development.”
Art XIV, Sec. 1-19: Main philosophy, objectives,
principles of Philippine education:
• “the state shall assign the highest budgetary priority
to education and ensure that teaching will attract
and retain its rightful share of the best available
talents through adequate remuneration and other
means of job satisfaction and fulfillment. (Act XIV,
Sec. 5 (5). Of the 1987 Constitution)
Another important Philosophy of Education:
•“is the protection and promotion of the rights
of all citizens to quality education to all
levels as well as taking appropriate steps to
make education accessible to all. (id. Sec. 1).
National Legislations (Black letter laws)
• Ex. Order 292 (Administrative Code of 1987)
• Manual of Regulations for Private Schools pursuant to
the provisions of the 1987 Constitution.
• Act. No. 2706 – The Private Schools Law as amended
by Act No. 3075, CA No. 180, Batas Pambansa Blg 232
and other pertinent legislations
Case Law contains:
a. Ratio decidendi – the necessary analysis to institute a precedent
binding on other courts.
b.Orbiter dictum – additional analysis is not necessary to the
determination of the instant case thus only persuasive authority
and not technically binding.
• Legal Opinion – judgement or opinions of the Secretary of
Justice on legal questions, matters or issues brought or submitted
to him/her for advice or legal counsel…has the force and effect
of persuasive case law.
Other sources of case law:
•International law – agreements, treaties,
standard resolutions and declarations that
nations recognize as binding in their
mutual relations.
Branches of Law in Education
a)Constitutional Law
• Kinds of Constitution
a. Cumulative or evolved – customs and traditions, statutory
enactments of a fundamental character, judicial decisions, certain
common law principles (Cruz, 2000:5).
b. Conventional or enacted
c. Written and unwritten
d. Rigid and flexible
Three (3) Fundamental
Powers of Government
Three (3) Fundamental Powers of Government:
1. Police Power – inherent power of the state in promoting public welfare by
restraining and regulating the use of liberty and property.
2. Power of eminent domain (expropriation)…to acquire private property for
public use upon payment of just compensation.
3. Power of Taxation … to demand and enforce contributions from the people
for public purpose/s.
• The regulation of education and any protection is the exercise of police
power.
• Paragraph 1 of Sec. 3 Art. XIV – requires all educational institutions to
include the study of the constitution in all curricula.
Other Sources of Case Law
Other sources of case law:
• Criminal Law – (Penal law) - branch of law
which defines crimes, treats of their nature and
provides for their punishment.
Criminal Law – (Penal law)
Enforcement of criminal law by punishment:
a.Retribution – a criminal must suffer in one way or another
b.Deterrence – criminal law as a way to deter or prevent not only
an offender from criminal behavior but also the general public. By
imposing penalty against those who commit certain crimes the
other individuals are accordingly dissuaded from committing
those crimes.
c. Rehabilitation – criminal law is designed to transform an
offender into a valuable and productive member of society.
Criminal Law – (Penal law)
Enforcement of criminal law by punishment:
a.Incapacitation –criminal law keep criminals away from
society so that the public as protected from their
misconduct.
b.Restitution is an objective in criminal law directed to
repair the wrong or injury inflicted on the victim by the
offender. It provides for the payment of damages for
wrongful act or omissions.
Criminal Law – (Penal law)
Three (3) basic characteristics of criminal law:
1.General – applies and binds all persons.
2.Territorial – penal laws in the Philippines are
enforceable only within its territory.
3.Perspective – penal laws have no retroactive effect
except when they are favorable to the accused.
Criminal Law – (Penal law)
• Three (3) theories of criminal law:
1.Classical theory – the basis of crime is man’s free will to
choose between good and evil… more stress is placed upon
the felonious act than upon the criminal himself.
2.Positivist theory – based on the sum of social and
economic phenomena which conditions man to do wrong
contrary to his violation.
Criminal Law – (Penal law)
• Three (3) theories of criminal law:
3.Mixed theory – combines the classical and positivist
theory…crimes that are economic and social in nature should
be dealt with in a positive manner.
• Act No. 3815, as amended known as the Revised Penal
Code (RPC) approved on December 8, 1930 – defines
crimes, treats of their nature and provides for their
punishment.
Other Sources of Case Law
CIVIL LAW
Other sources of case law:
• Civil Law – branch of law that pertains to the organization
of the family and regulation of property. The mass of
percepts which determines the relations of assistance,
authority and obedience among the members of the family,
and those which exist among the members of the society for
the protection of private interests embodied in the Civil
Code. R.A. No. 386 – The New Civil Code (Civil Code of
the Philippines) – took effect on August 30, 1950.
Civil Law
• E.O. 209 – The Family Code
• The Civil Code of the Philippines is the law
governing contracts, personal and family relations,
property issues and other civil relations and
damages in case of breach of contract and
negligence.
Other sources of case law
LABOR LAW
Other sources of case law:
•Labor Law – that branch of law
that governs and regulates the
relationship of employers and
employees.
Labor Law
•Protacio (2009) dissected the concept of labor
law into three main components:
•1. labor standards,
•2. labor relations, and
•3. labor policies
Labor Law
Labor Standards includes all the “laws, rules,
principles, and doctrines that set the minimum
standards prescribed by law relating to terms and
conditions of employment.” Among their examples
are laws on minimum wage, overtime pay, hours of
work, rest periods, holiday pay, 13th month pay,
separation pay, and other legal standards designed to
improve conditions of employment.
Labor Law
Labor Relations - pertain to all the “ laws, rules,
principles , and doctrines which govern the relations
between employers and employees and provide for the
procedural framework or mechanism through which the
terms and conditions of employment, over and above
those set by labor standards, may be obtained either
through the process of collective bargaining agreements,
mediation, or arbitration awards.”
Labor Law
Labor Relations - Among their examples are those provided in Book V of the
Labor Code (laws on labor organization, collective bargaining, unfair labor
practices, strikes, picketing, grievance machinery, arbitration, conciliation and
mediation, principles of management prerogative, and worker’s rights) and
Book VI thereof (post employment provisions governing termination of
employment).
• Notably, while legal standards deal with the statutory terms,
conditions,
• and benefits of employment as set by laws; legal relations, on the
other hand, pertain to the contracted or negotiated terms,
conditions, and benefits of employment.
Labor Law
• Labor Policies refer “ to the general State declarations or
well-enshrined principles that do not exclusively pertain to
labor standards nor govern the relations per se between
workers and employers.” These are the policies and
guidelines that have wider scope and application as they
govern both labor standards and labor legislations. The
classic examples are the policy statement in the
Constitution. One is Article II, Sec. 18, to wit: The State
affirms labor as a primary economic force. It shall protect
the rights of workers and their welfare.”
Labor Code of the Philippines
• The Labor Code was promulgated as P.D. No. 442 on May 1,
1974, and took effect on November 01, 1974, except portions on
Book IV whose effectivity was deferred to January 01, 1975 by
P.D. No. 608. Some provisions of the Labor Code have been
amended or repealed by subsequent laws. The Labor Code must
be read with caution because it is one of the most frequently
amended laws in the country. It includes the laws on labor
standards and labor relations in the Philippines.
Labor Code of the Philippines
• In the final analysis, the primary sources of labor law in the
Philippines are the Labor Code (P.D. No. 442) and its
implementing rules and regulations. But labor laws can also be
found in the Constitution; the Civil Code; the Revised Penal
Code; special legislations such as the laws on SSS, GSIS,
PhilHealth, etc.; international conventions; Supreme Court
decisions; and administrative rules and regulations issued by the
Department of Labor and Employment (DOLE), and other
related agencies.
Labor Law
Labor Legislation
Labor Law
• Labor Legislation – consists of statutes, regulations
and jurisprudence governing the relations between
capital and labor by providing for certain
employment standards and legal framework for
negotiating, adjusting and administering those
standards and other incidents of employment
(Azucena, 2004:7).
Labor Law
Social legislation – the body of laws and rules aimed at
promoting the general welfare of the public or a particular
segment of society with reference to the labor sector –
aims to provide social benefits to those whose
employment and earning capacity are interrupted by life
contingencies such as sickness, disability, death,
retirement, maternity, and such other benefits as may
redound to the greater good of society (Ibid).
Labor Law
Examples of Social Legislation:
• laws on SSS,
• GSIS,
• Philhealth, Pag-ibig, ECC, CARP, magna cartas and
welfare legislations on women, children and
indigenous peoples.
Other sources of case law
ADMINISTRATIVE LAW
Other sources of case law:
a)Administrative law – that branch of law which
deals with the activities or functions of executive
or administrative agencies such as the
“departments”, bureaus, boards, commissions or
other office of the President which are created or
vested by law with quasi-judicial, quasilegislative, and executive powers.
Other sources of case law:
a)Administrative law –
E.O 292 – July 25, 1987 – Administrative Code of
1987 – incorporates in a single document the major
structural, functional and procedural principles of
governance. Took effect in November 29, 1989, two
years after its publication in the Official Gazette.
Administrative Law
•Administrative law has three main
functions:
•(a) administrative or executive;
•(b) quasi-judicial or adjudicative; and
•(c) quasi-legislative or rule-making
Other sources of case law:
• Civil Service Law – E.O. No. 292 (Administrative Code of 1987) P.D. No.
807 – suppletory.
• - deals with the Civil Service and all its branches, subdivisions,
instrumentalities and agencies of the government including governmentowned or controlled corporations with original charter (Constitution Art
IX-B, Sec. 3(1) intended not to penalize anyone but to eradicate the
system of appointment to public service based on political considerations
and to eliminate as far as practicable the element of partisanship and
personal favoritism in making appointments (Samson vs CA) 145 SCRA
654 1986)”659 covers all government employees, be they in the
executive, legislative or judiciary.
Other Sources of Case Law
REMEDIAL LAW
Other sources of case law:
• Remedial Law – deals with the rules concerning
pleadings, practices and procedure in all courts of the
Philippines – provides for the means or methods to
enforce one’s right or to effect a course of action for a
wrongful act or omission. “It lies at the very core of
procedural due process which means a law which hears
before it condemns, which proceeds from inquiry and
renders judgment only after trial, and contemplates an
opportunity to be heard before judgment is rendered.
Basic Divisions of Remedial Laws:
1)Substantive law – that part of law which creates,
defines or regulate rights concerning life, liberty or
property or the power of agencies/instrumentalities
for the administration of public affairs.
2)Adjective law (Remedial law) – provide for the
methods of enforcing rights and the remedies for
their violations.
Basic Divisions of Remedial Laws:
The Supreme Court said:
Substantive law – that part of the law which creates,
defines and regulate rights, or which regulates right and
duties which rise to a course of action…which courts are
established to administer. Prescribe the method of enforcing
rights or obtains redress for their invasion. (Bustos vs
Lucero, 81 Phil. 640 (1949); citing C.J. 27; 52 C.J.S. 1026).
End of Presentation
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