Ratio Decidendi

CHAPTER I: THE CASE FOR LAW

• Definition: The rationale or reason behind a judicial decision.
• Philos: Love
• Principles of Ratio Decidendi:
• Sophia: Wisdom
1. Truth
• Philosophy of Law: The love and wisdom of the law, reflecting its pursuit of justice
and truth. 2. Justice

• Sui Juris: A law unto himself; signifies living freely without external rules or 3. Public Morality
governance.
4. Common Good
Why Do We Need Law?
CHAPTER II: LEGAL & PHILOSOPHICAL ISSUES
• Purpose:
Definition of Law
▪ Humans desire order and structure in society.
• Law: Binding communal rules that dictate societal order through the "do’s and
▪ Laws provide systematic dealings with people and things. don’ts."

• Definition: Classifications of Law

▪ Laws are social rules prescribing the "do’s and don’ts" of society to maintain 1. Jural Law: Enacted or sanctioned human laws (e.g., statutes, judicial rulings).
harmony.
2. Non-Jural Law: Laws derived from divine, natural, or physical principles (e.g., divine
Philosophical Nature of Law Practice law, natural law).

• The practice of law is a philosophical pursuit, aligning with truth, morality, and Concerns of Lawyers
justice.
• Focus: Jural law as it governs human conduct and societal rules.
Jurisprudence (Case Law)

• Etymology: From Latin: Juris (law) + Prudentia (wisdom).

• Definition: The study and theory of law.

Standard Definition of Law
• Purpose: Helps understand the wisdom behind laws and their promulgation.
• Lapitan v. PCSO:
• For Law Students: Builds a strong foundation to understand legal principles. "Law in its specific and concrete sense is a rule of conduct, just, obligatory,
formulated by legitimate power for common observance and benefit."
Elements of Law 2. Public Law: Governs relationships between individuals and the state.

1. Reasonable Ordinance: Rational and justifiable. 3. Mercantile Law: Regulates trade and commerce.

2. For the Common Good: Prioritizes public welfare. Systems of Law

3. Promulgated: Formally announced and accessible. 1. Civil Code System: Codified laws based on Roman law traditions.

4. Issued by Legitimate Authority: Only authorized entities can enforce laws. 2. Common Law System: Case law-based system derived from judicial precedents.

Max Weber’s Features of Law 3. Islamic/Sharia Law: Legal system rooted in the Qur’an, Sunna, and Islamic traditions.

1. Duty to Comply: Obligation to obey the law. Sources of Islamic Law

2. Enforcement: Compliance ensured through external actions or threats. 1. Qur’an

3. Execution: Carried out by individuals or institutions tasked with enforcing laws. 2. Sunna

Elements of a Reasonable Law 3. Qadis

1. Necessary 4. Analogical Reasoning

2. Moral Legal Presumptions

3. Useful 1. There is truth in the actual state of things.

4. Clear in expression 2. Witnesses are bound by duty to tell the truth.

5. Adapted to time and place Rule 128, Rules of Court

Branches of Law • Evidence: Means sanctioned by rules to ascertain truth in judicial proceedings
regarding a matter of fact.
1. Substantive Law: Defines rights and duties (e.g., Civil Code).
Legal Truth
2. Remedial Law: Provides mechanisms to enforce rights or address violations (e.g.,
Rules of Court). • Judicial Truth: Truth established through court decisions.

Categories of Law • Substantive Truth: Truth grounded in laws and evidence.

1. Private Law: Governs relationships between individuals.

CHAPTER III: LEGAL THEORIES ▪ Thomas Hobbes: Claimed laws cannot be unjust if promulgated by a
sovereign authority.
Theories of Law ▪ H.L.A. Hart: Explained law as a system of social rules addressing
three defects in primitive legal systems:
1. Teleological or Natural Law Theory
1. Uncertainty in rule application.
o Law is derived from divine will or moral principles inherent in nature.
2. Static traditions that hinder progress.
o Example of normative jurisprudence.
3. Absence of a consistent enforcement body.
o Central Case Approach:
3. Interpretivist or Constructivist Theory
▪ Focuses on ideal cases (central cases) where natural rights to basic
human goods are upheld. o Law is interpreted within societal and historical contexts.
▪ Central cases are considered "true law" in the fullest sense. o Key Thinker: Ronald Dworkin
2. Positivist Theory ▪ Law includes principles beyond explicitly adopted rules.
o Law as a command of the sovereign, independent of morality. ▪ Two Dimensions of Legal Interpretation:
o Key Concepts: 1. Formal: Logical consistency.
▪ Command Theory: Obedience to the law as expressed by "dura lex sed 2. Substantive: Explains or justifies the law.
lex" (the law may be harsh, but it is the law).
▪ Best Fit Theory: Law should align with the community’s common
▪ Conventionalism: Law is a product of human will, agreements, convictions.
treaties, and conventions, not divine will or natural law.
4. Realist Theory
▪ Analytic Jurisprudence: Focuses on law as it is (lex lata), not as it
o Focuses on how law operates in practice.
ought to be (lex ferenda).
o Key Concept: Pragmatic jurisprudence.
o Key Thinkers:
o Key Thinker: Oliver Wendell Holmes Jr.
▪ David Hume: Proposed the "separability thesis" (law is separate from
morality). ▪ Proposed the "bad man" model, focusing on how law affects those
▪ Jeremy Bentham and John Austin: Popularized positivism and inclined to break it rather than those who follow it.
emphasized law as the expression of desire supported by credible force 5. Critical Legal Theory
or punishment.
o Examines the law’s role in power dynamics and its impact on marginalized
▪ Hans Kelsen: Distinguished legal science from legal politics. groups.
▪ Justice Wendell Holmes Jr.: Advocated "soft positivism," linking law o Key Concepts:
to moral development.
 ▪ Questions underlying assumptions in the law. ▪ Roberto Unger
▪ Deconstructs law through hermeneutic suspicion. ▪ Eugen Ehrlich
o Key Thinkers: o Uses balancing of interest and compelling interest tests.
▪ Marxists and socialists: Argue that law serves dominant paradigms and 3. Economic Approach
ignores the real conditions of the masses.
o Analyzes law based on economic efficiency and impact.
▪ View law as a tool of class rule and control.
o Key Thinker: Judge Richard Posner
Schools of Thought ▪ Advocated economic jurisprudence and consequentialism.

1. Historical School 4. Formalist and Originalist School

o Law develops through traditions and customs. o Advocates strict interpretation based on lawmakers' original intent.

o Key Thinkers: o Key Concepts:

▪ Friedrich Karl von Savigny: Law evolves with society. ▪ Conceptualism: Law as a strict science governed by principles and
logical rules.
▪ Sir Henry Sumner Maine: Legal institutions must be studied
historically. ▪ Textualism and originalism.

▪ G.W.F. Hegel: The state is the product of historical forces aiming ▪ Formalism promotes judicial restraint.
toward absolute freedom. ▪ Equity of statutes.
o Criticisms: Inspired nationalist policies, but may also incite xenophobia and 5. Practice Theory
ethnic cleansing.
o Focuses on the practical application of laws.
2. Sociological or Functional School
o Key Thinker: Philip Bobbitt
o Law as a tool to address societal needs.
▪ Identified six modalities for legal interpretation:
o Key Concepts: Judicial activism and judicial legislation.
1. Historical
o Key Proponents:
2. Textual
▪ William James
3. Structural
▪ Charles Montesquieu
4. Doctrinal
▪ R. von Jhering
5. Ethical/Moral
▪ Roscoe Pound
6. Prudential
▪ Max Weber
 ▪ Emphasized using the appropriate approach based on the context, Aristotle’s Contribution
especially in constitutional interpretation.
1. Rational Law
CHAPTER IV: NATURAL LAW THEORY
o Aligns laws with reason and human purpose.
Phases of Natural Law Theory 2. Nicomachean Ethics

1. Scholastic Phase o Provides an ethical foundation for creating rational laws.

o Focused on divine law and moral philosophy. o Happiness (Telos): The ultimate goal of all human pursuits.

o Also referred to as Thomism. 3. Six Types of Constitutions:

2. Enlightenment or Modern Phase 1. Monarchy

o Shifted focus to reason and human rights. 2. Aristocracy

o Immanuel Kant: Reformulated the golden rule into the Categorical Imperative, 3. Polity
requiring that actions conform to universal rules. 4. Oligarchy
▪ Also referred to as deontology. 5. Radical Democracy
3. International Law Phase
Reasoning in Law
o Applied natural law principles to global governance.
o Categorical Imperative: Basis for general principles of law and international 1. Syllogism
rights. o Logical framework with three parts:
o Article 38, Statute of the International Court of Justice: Recognizes general ▪ Minor Term
principles of law acknowledged by civilized nations.
▪ Major Term
Plato’s Legal Philosophy ▪ Middle Term
1. Natural Law 2. Types of Reasoning
o Rooted in universal truths. o Conditional
2. Idealism of Law o Disjunctive
o Emphasizes justice as the ultimate goal of laws. o Conjunctive
Stoics on Law • Under Emperor Augustus, their role became formalized, providing
responses and opinions (responsa, sententiae, regulae), akin to modern
1. Jus Naturale: Natural law.
jurisprudence.
2. Jus Gentium: Law of nations.
3. Advocates and Patricians
Transition of Laws
• Advocates represented clients (plebeians), often delivering speeches or
• Progression: Eternal Law → Natural Law → Human Law. drafting legal documents for free.
Key Concepts
• Famous Roman advocates like Cicero and Pliny used the maxims of
1. Jus Cogens jurists in their arguments, influencing future legal thought.
o Non-derogable principles (e.g., prohibition of slavery). 4. Latin Maxims
2. Declarationalism and Objectivism
• Latin principles became cornerstones of law because of their clarity and
o Philosophical underpinnings of legal norms.
universality.
CHAPTER V: CIVIL LAW - THE ROMAN JURISTS
• Example: "Regula pro lege, si deficit lex" (In the absence of law, the
I. Roman Law: All Codes Lead to Rome maxim rules).

1. Pre-Roman Legal Traditions • They incorporated Natural Law Theory (jus naturale) as a universal
standard, distinguishing it from Roman civil law (jus civile).
• Before written laws, rules were expressed through sayings, proverbs,
riddles, and idioms. II. Corpus Juris Civilis (Justinian Code)

• The ancient Romans elevated these into legal maxims that encapsulate 1. Compilation of Roman Laws
wisdom about justice and fairness.
• Initiated by Emperor Justinian in 534 A.D., led by Tribonian.
2. Role of Roman Jurists
• Composed of four parts:
• Jurists (Iuris Consults): Advised and developed legal principles.
• Codex Constitutionum: Collection of ordinances and decrees.
• Their pronouncements were binding on officials (praetors) and formed
• Digest (Pandects): Summarized common law for judges.
part of the Edict—a compilation of customs and statutes.
 • Institutes: Law introduction for students. 3. Rizal's Observations

• Novellae Constitutiones: Supplementary laws. • Pre-Hispanic customary laws shared principles with Spanish law, such
as rules on succession:
2. Impact on Western Legal Systems
• Distinctions between legitimate and illegitimate children.
• The Justinian Code influenced:
• Differing inheritance rights depending on legitimacy and social
• Napoleon’s Code Napoleon, which spread throughout Europe status.
and its colonies.

• The Spanish Civil Code, enforced in the Philippines in 1889.

• Roman law laid the foundation for civil law systems worldwide, including the
• The Civil Code of the Philippines (1949), modeled after Roman Philippines.
law via Spain and other civil law systems.
• The influence of Latin maxims and Roman legal principles persists in statutory
III. Civil Law in the Philippines construction and case law.
1. Historical Development • The Justinian Code serves as the backbone of modern codifications like the
Civil Code of the Philippines.
• Spanish Civil Code governed the Philippines during the Spanish and
American eras. • Filipino civil law reflects both Western influences and indigenous customs.
• The 1949 Civil Code retained the Roman law structure: IV. Ancient Filipino and Roman Law
• Book I: Persons Roman Law and the Philippine Legal System
• Books II & III: Property and Ownership
• Roman Law influenced the Philippine Civil Code, particularly in structure,
• Book IV: Obligations and Contracts definitions, and distinctions.

• Institutiones (The Institutes), a compilation of Roman laws, serves as a

2. Code Commission's Perspective
foundation for civil law in many jurisdictions, including the Philippines.
• Roman law is a shared heritage of civilization.

• Spanish legal systems influenced Filipino judicial relations.

Key Divisions of Roman Law • Divides laws into civil law (peculiar to a state) and law of nations (common to
all men).
1. Public Law (jus publicum)
2. The Law on Persons
• Regulates the government and public welfare.
• The unborn child has rights distinct from its mother.
2. Private Law (jus privatum)
• Marriage: Union of male and female, with required parental consent for
• Governs the rights and duties of individuals. minors.
Private Law Subdivisions: • Prohibited marriages:
• Law of Persons (De Jure Personarum) • Between ascendants and descendants (e.g., father-daughter).
• Covers personal and juridical capacity, marriage, adoption, • Between siblings.
guardianship.
• Cousins are permitted to marry.
• Law of Things (De Rerum Divisione)
3. Guardianship
• Addresses property, ownership, inheritance, and wills.
• Appointed for minors or incapacitated persons.
• Law of Actions (De Actionibus)
• Guardians manage a ward’s property but must provide security to prevent
• Governs obligations, contracts, quasi-contracts, and delicts (crimes). mismanagement.

Important Concepts in Roman Law 4. The Law on Property

1. On the Nature of Law Ownership Types:

• Precepts of law: • Private (individuals).

• Live honestly. • Public (for common use, e.g., rivers).

• Injure no one. • Corporate (owned by groups).

• Give everyone their due. • Res Nullius: Things belonging to no one (e.g., wild animals).
Rights of Accession: Wills and Succession

• Alluvion: Land gradually added by river flow belongs to the landowner. • Formal Requirements for a Will: A will must fulfill various conditions such as
the presence of witnesses, signatures by the testator and witnesses, and the
• Treasure: sealing of the will. It may also include a declaration in front of seven witnesses
• Found on private land → Split between finder and landowner. (oral will).

• Incapacity to Make a Will: Persons under the age of puberty, lunatics (unless
• Found on public land → Split between finder and the state.
they are in a lucid interval), spendthrifts, and those totally deaf and dumb may
5. Usufruct and Servitudes not create a valid will. However, a will made by a person who becomes deaf or
dumb after making the will remains valid.
• Usufruct: Right to use and enjoy another’s property without owning it.
• Children and Family Heirs: A testator must either name his son as an heir or
• Servitudes: Rights attached to property, such as pathways or drainage. disinherit him. The birth of a child after making the will may invalidate the will
unless the new child is included in the will.
6. Possession and Occupation
• Successor Rights: If a testator's son dies before him, his grandchildren may
• Property abandoned intentionally can be claimed by another.
inherit his share. Both sons and daughters are treated equally in terms of
• Good faith possession can lead to ownership after specified periods. inheritance.

• Theft or violence prevents ownership through possession. • Revocation of Wills: A will can be revoked by the subsequent birth of a
rightful heir, or by a new will being executed. Rescission occurs if the heir
7. Donation refuses to inherit, dies, or fails to meet the conditions.

• Types of gifts: • Legacies and Bequests: A testator can leave things to be purchased from a third
party or redeemed from a creditor. Mistakes in naming heirs or describing
• Made in contemplation of death.
property do not invalidate the will.
• Made without such contemplation.

• Revocation possible for ingratitude or failure of marriage.

Civil Law Concepts Related to Obligations Quasi-Contracts and Delicts

• Types of Obligations: There are four types of obligations: contractual, quasi- • Quasi-Contracts: Obligations that arise without a contract, such as managing
contractual, delictal, and quasi-delictal. another’s business during their absence.

• Conditional Stipulations: Stipulations may be conditional, where performance • Delicts and Quasi-Delicts: Liability may arise for actions like theft or damage
depends on a future uncertain event. A condition can be written or oral, and caused by an employee, even if the employer did not directly cause the act.
performance may also involve penalties for non-performance.
Actions and Interdicts
• Obligations: An obligation ends when the required performance is completed.
This can include performance by a third party and will release the debtor from Actions:
the obligation.
• An action is the right to sue in court for something owed or due.
Special Contracts
• There are two types of actions:
• Sales: The contract of sale becomes binding once the price is agreed upon,
• Real Action: This relates to a thing (res), such as a dispute over
even if no money is exchanged yet. If no price is agreed upon, the sale is void.
ownership or possession of property.
• Mutuum (Loan for Consumption): The borrower must return an identical thing
• Personal Action: This involves obligations, typically arising from
if lost, even if the loss is due to accident.
contracts or delicts (wrongful acts), where the defendant owes a duty to
• Deposit and Pledge: A depositor must return the exact item deposited, while a the plaintiff.
pledge must be returned once the obligation is satisfied.
Interdicts:
• Partnership: A partnership may end when one partner withdraws or passes
• Interdicts are legal orders or prohibitions issued by a judge to protect rights or
away, depending on the agreement. A partnership for a specific goal ends once
prevent harm. They are divided into three types:
the goal is achieved.
1. Abstention: Forbids a specific act. Example: preventing the violent
• Agency: An agent cannot act beyond the authority granted by the principal.
ejection of a bona fide possessor(someone in rightful possession of
The death of either party can terminate the agency, but actions done by the
property).
agent before knowing the principal's death remain valid.
2. Restitution: Orders the return of property to its rightful owner.
 3. Production: Requires the production of persons or property. For • Application: Article III, Section 2 protects citizens from unreasonable
example, a subpoena to bring a person whose freedom is in question or searches and seizures.
a request to produce children in response to a parent's petition.
5. Non bis in idem
Latin Maxims and Their Applications "No one shall be punished for the same offense."

Latin maxims serve as guiding principles in Statutory Construction and are frequently • Application: Article III, Section 21 of the Philippine Constitution
applied in legal practice. Many of these maxims come from Roman law and have prohibits double jeopardy.
influenced modern legal systems, including the Philippine legal system. Below are
Maxims from the Civil Code:
some significant Latin legal maxims, their translations, and their application in
Philippine law: 1. Accessorium sequitur naturam sui principalis
"The accessory follows the nature of its principal."
General Legal Maxims:
• Application: Article 466 of the Civil Code establishes that when two
1. Omnes legum servi sumus ut liberi esse possimus
things are united to form a single object, the owner of the principal item
"We are slaves of the law in order that we may be able to be free." — Marcus
also owns the accessory.
Tullius Cicero
2. Aedificium solo credit
• Implication: Laws exist to ensure freedom and order in society.
"The building yields to the land."
2. Accusare nemo se debet, nisi caram Deo
• Application: Article 445 states that improvements made on someone
"No one is compelled to accuse himself, except before God."
else's land belong to the landowner.
• Application: Article III, Section 17 of the Philippine Constitution
3. Caveat emptor
guarantees the right against self-incrimination.
"Buyer beware."
3. Audi alteram partem
• Application: The principle of buyer responsibility in ensuring the
"Hear the other side."
quality of the goods or services being purchased.
• Application: Article II, Section 14(2) ensures the right to a speedy,
4. Lex prospicit, non respicit
impartial, and public trial, where the accused is heard.
"The law looks forward, not backward."
4. Domus sua cuique est tutissimun refugium
"To everyone, his house is his surest refuge."
 • Application: Article 4 of the Civil Code ensures that laws generally do 3. De similibus idem est judicium
not have retroactive effects, unless stated otherwise. "Concerning similars, the judgment is the same."

Criminal Law Maxims (Revised Penal Code): • Application: In legal cases involving similar facts or situations, the
judgment should be consistent.
1. Actus non facit reum nisi mens sit rea
"The act does not make a person guilty unless the mind is also guilty."

• Application: A person cannot be convicted of a crime without both actus Chapter V: Civil Law - The Roman Jurists based on Bernardo’s 2024 text:
reus (guilty act) and mens rea(guilty mind).
I. Roman Law: All Codes Lead to Rome
2. Arma in armatos jura sinunt
1. Pre-Roman Legal Traditions
"The law permits taking arms against armed persons."
• Before written laws, rules were expressed through sayings, proverbs,
• Application: Article 11 provides a justifying circumstance for self-
riddles, and idioms.
defense when a person defends themselves or their rights from unlawful
aggression. • The ancient Romans elevated these into legal maxims that encapsulate
wisdom about justice and fairness.
Maxims Related to Legal Procedure:
2. Role of Roman Jurists
1. Res judicata inter partes jus facit
"A question adjudicated between parties after hearing them makes the law of • Jurists (Iuris Consults): Advised and developed legal principles.
that question."
• Their pronouncements were binding on officials (praetors) and formed
• Application: The concept that decisions are binding between the parties part of the Edict—a compilation of customs and statutes.
involved once a case is decided.
• Under Emperor Augustus, their role became formalized, providing
2. Stare decisis et non quieta movere responses and opinions (responsa, sententiae, regulae), akin to modern
"Follow past precedents and do not disturb what has been settled." jurisprudence.

• Application: Ensures consistency in legal decisions based on prior 3. Advocates and Patricians
rulings, crucial for the stability of legal interpretations.
• Advocates represented clients (plebeians), often delivering speeches or
drafting legal documents for free.
 • Famous Roman advocates like Cicero and Pliny used the maxims of • The Spanish Civil Code, enforced in the Philippines in 1889.
jurists in their arguments, influencing future legal thought.
• The Civil Code of the Philippines (1949), modeled after Roman
4. Latin Maxims law via Spain and other civil law systems.

• Latin principles became cornerstones of law because of their clarity and III. Civil Law in the Philippines
universality.
1. Historical Development
• Example: "Regula pro lege, si deficit lex" (In the absence of law, the
• Spanish Civil Code governed the Philippines during the Spanish and
maxim rules).
American eras.
• They incorporated Natural Law Theory (jus naturale) as a universal
• The 1949 Civil Code retained the Roman law structure:
standard, distinguishing it from Roman civil law (jus civile).
• Book I: Persons
II. Corpus Juris Civilis (Justinian Code)
• Books II & III: Property and Ownership
1. Compilation of Roman Laws
• Book IV: Obligations and Contracts
• Initiated by Emperor Justinian in 534 A.D., led by Tribonian.

• Composed of four parts: 2. Code Commission's Perspective

• Roman law is a shared heritage of civilization.

• Codex Constitutionum: Collection of ordinances and decrees.
• Spanish legal systems influenced Filipino judicial relations.
• Digest (Pandects): Summarized common law for judges.

• Institutes: Law introduction for students. 3. Rizal's Observations

• Pre-Hispanic customary laws shared principles with Spanish law, such

• Novellae Constitutiones: Supplementary laws.
as rules on succession:
2. Impact on Western Legal Systems
• Distinctions between legitimate and illegitimate children.
• The Justinian Code influenced:
• Differing inheritance rights depending on legitimacy and social
• Napoleon’s Code Napoleon, which spread throughout Europe status.
and its colonies.
 • Law of Persons (De Jure Personarum)

• Roman law laid the foundation for civil law systems worldwide, including the • Covers personal and juridical capacity, marriage, adoption,
Philippines. guardianship.

• The influence of Latin maxims and Roman legal principles persists in statutory • Law of Things (De Rerum Divisione)
construction and case law.
• Addresses property, ownership, inheritance, and wills.
• The Justinian Code serves as the backbone of modern codifications like the
• Law of Actions (De Actionibus)
Civil Code of the Philippines.
• Governs obligations, contracts, quasi-contracts, and delicts (crimes).
• Filipino civil law reflects both Western influences and indigenous customs.
Important Concepts in Roman Law
Ancient Filipino and Roman Law
1. On the Nature of Law
Roman Law and the Philippine Legal System
• Precepts of law:
• Roman Law influenced the Philippine Civil Code, particularly in structure,
definitions, and distinctions. • Live honestly.

• Institutiones (The Institutes), a compilation of Roman laws, serves as a • Injure no one.

foundation for civil law in many jurisdictions, including the Philippines.
• Give everyone their due.
Key Divisions of Roman Law
• Divides laws into civil law (peculiar to a state) and law of nations (common to
1. Public Law (jus publicum) all men).

• Regulates the government and public welfare. 2. The Law on Persons

2. Private Law (jus privatum) • The unborn child has rights distinct from its mother.

• Governs the rights and duties of individuals. • Marriage: Union of male and female, with required parental consent for
minors.
Private Law Subdivisions:
• Prohibited marriages:
 • Between ascendants and descendants (e.g., father-daughter). • Usufruct: Right to use and enjoy another’s property without owning it.

• Between siblings. • Servitudes: Rights attached to property, such as pathways or drainage.

• Cousins are permitted to marry. 6. Possession and Occupation

3. Guardianship • Property abandoned intentionally can be claimed by another.

• Appointed for minors or incapacitated persons. • Good faith possession can lead to ownership after specified periods.

• Guardians manage a ward’s property but must provide security to prevent • Theft or violence prevents ownership through possession.
mismanagement.
7. Donation
4. The Law on Property
• Types of gifts:
Ownership Types:
• Made in contemplation of death.
• Private (individuals).
• Made without such contemplation.
• Public (for common use, e.g., rivers).
• Revocation possible for ingratitude or failure of marriage.
• Corporate (owned by groups).
Key Takeaways for Exams
• Res Nullius: Things belonging to no one (e.g., wild animals).
• Influence: Roman law’s principles are embedded in the Philippine Civil Code.
Rights of Accession:
• Focus on Core Concepts: Rights of unborn children, property classifications,
• Alluvion: Land gradually added by river flow belongs to the landowner. usufruct, and prohibited marriages are central themes.

• Treasure: • Connections: Understand how related articles in the Civil Code reflect these
Roman law principles (e.g., Article 19, Article 560).
• Found on private land → Split between finder and landowner.

• Found on public land → Split between finder and the state.

5. Usufruct and Servitudes

Wills and Succession • Conditional Stipulations: Stipulations may be conditional, where performance
depends on a future uncertain event. A condition can be written or oral, and
• Formal Requirements for a Will: A will must fulfill various conditions such as performance may also involve penalties for non-performance.
the presence of witnesses, signatures by the testator and witnesses, and the
sealing of the will. It may also include a declaration in front of seven witnesses • Obligations: An obligation ends when the required performance is completed.
(oral will). This can include performance by a third party and will release the debtor from
the obligation.
• Incapacity to Make a Will: Persons under the age of puberty, lunatics (unless
they are in a lucid interval), spendthrifts, and those totally deaf and dumb may Special Contracts
not create a valid will. However, a will made by a person who becomes deaf or
• Sales: The contract of sale becomes binding once the price is agreed upon,
dumb after making the will remains valid.
even if no money is exchanged yet. If no price is agreed upon, the sale is void.
• Children and Family Heirs: A testator must either name his son as an heir or
• Mutuum (Loan for Consumption): The borrower must return an identical thing
disinherit him. The birth of a child after making the will may invalidate the will
unless the new child is included in the will. if lost, even if the loss is due to accident.

• Deposit and Pledge: A depositor must return the exact item deposited, while a
• Successor Rights: If a testator's son dies before him, his grandchildren may
inherit his share. Both sons and daughters are treated equally in terms of pledge must be returned once the obligation is satisfied.
inheritance.
• Partnership: A partnership may end when one partner withdraws or passes
• Revocation of Wills: A will can be revoked by the subsequent birth of a away, depending on the agreement. A partnership for a specific goal ends once
rightful heir, or by a new will being executed. Rescission occurs if the heir the goal is achieved.
refuses to inherit, dies, or fails to meet the conditions.
• Agency: An agent cannot act beyond the authority granted by the principal.
• Legacies and Bequests: A testator can leave things to be purchased from a third The death of either party can terminate the agency, but actions done by the
party or redeemed from a creditor. Mistakes in naming heirs or describing agent before knowing the principal's death remain valid.
property do not invalidate the will.
Quasi-Contracts and Delicts
Civil Law Concepts Related to Obligations
• Quasi-Contracts: Obligations that arise without a contract, such as managing
• Types of Obligations: There are four types of obligations: contractual, quasi- another’s business during their absence.
contractual, delictal, and quasi-delictal.
• Delicts and Quasi-Delicts: Liability may arise for actions like theft or damage
caused by an employee, even if the employer did not directly cause the act.
Actions and Interdicts some significant Latin legal maxims, their translations, and their application in
Philippine law:
Actions:
General Legal Maxims:
• An action is the right to sue in court for something owed or due.
1. Omnes legum servi sumus ut liberi esse possimus
• There are two types of actions: "We are slaves of the law in order that we may be able to be free." — Marcus
Tullius Cicero
• Real Action: This relates to a thing (res), such as a dispute over
ownership or possession of property. • Implication: Laws exist to ensure freedom and order in society.
• Personal Action: This involves obligations, typically arising from 2. Accusare nemo se debet, nisi caram Deo
contracts or delicts (wrongful acts), where the defendant owes a duty to "No one is compelled to accuse himself, except before God."
the plaintiff.
• Application: Article III, Section 17 of the Philippine Constitution
Interdicts: guarantees the right against self-incrimination.
• Interdicts are legal orders or prohibitions issued by a judge to protect rights or 3. Audi alteram partem
prevent harm. They are divided into three types: "Hear the other side."
1. Abstention: Forbids a specific act. Example: preventing the violent • Application: Article II, Section 14(2) ensures the right to a speedy,
ejection of a bona fide possessor(someone in rightful possession of impartial, and public trial, where the accused is heard.
property).
4. Domus sua cuique est tutissimun refugium
2. Restitution: Orders the return of property to its rightful owner. "To everyone, his house is his surest refuge."
3. Production: Requires the production of persons or property. For • Application: Article III, Section 2 protects citizens from unreasonable
example, a subpoena to bring a person whose freedom is in question or searches and seizures.
a request to produce children in response to a parent's petition.
5. Non bis in idem
Latin Maxims and Their Applications "No one shall be punished for the same offense."
Latin maxims serve as guiding principles in Statutory Construction and are frequently • Application: Article III, Section 21 of the Philippine Constitution
applied in legal practice. Many of these maxims come from Roman law and have prohibits double jeopardy.
influenced modern legal systems, including the Philippine legal system. Below are
 • Application: A person cannot be convicted of a crime without both actus
reus (guilty act) and mens rea(guilty mind).
Maxims from the Civil Code:
2. Arma in armatos jura sinunt
1. Accessorium sequitur naturam sui principalis "The law permits taking arms against armed persons."
"The accessory follows the nature of its principal."
• Application: Article 11 provides a justifying circumstance for self-
• Application: Article 466 of the Civil Code establishes that when two defense when a person defends themselves or their rights from unlawful
things are united to form a single object, the owner of the principal item aggression.
also owns the accessory.

2. Aedificium solo credit

"The building yields to the land." Maxims Related to Legal Procedure:

• Application: Article 445 states that improvements made on someone 1. Res judicata inter partes jus facit
else's land belong to the landowner. "A question adjudicated between parties after hearing them makes the law of
that question."
3. Caveat emptor
"Buyer beware." • Application: The concept that decisions are binding between the parties
involved once a case is decided.
• Application: The principle of buyer responsibility in ensuring the
quality of the goods or services being purchased. 2. Stare decisis et non quieta movere
"Follow past precedents and do not disturb what has been settled."
4. Lex prospicit, non respicit
"The law looks forward, not backward." • Application: Ensures consistency in legal decisions based on prior
rulings, crucial for the stability of legal interpretations.
• Application: Article 4 of the Civil Code ensures that laws generally do
not have retroactive effects, unless stated otherwise. 3. De similibus idem est judicium
"Concerning similars, the judgment is the same."
Criminal Law Maxims (Revised Penal Code):
• Application: In legal cases involving similar facts or situations, the
1. Actus non facit reum nisi mens sit rea judgment should be consistent.
"The act does not make a person guilty unless the mind is also guilty."
CHAPTER VI: Criminal Law and Family Law – • Restitution: A form of commutative justice where the wrongdoer returns
what was taken or compensates the loss.
1. Christian Philosophers (Aquinas & Wotyla)
• Retribution: Punishment is necessary for restoring civil order and
I. Introduction deterring future crime. It may involve punitive measures, including
capital punishment, to remove harmful elements from society.
• The Philippines' Christian identity stems from over 300 years of Spanish
Catholic influence and 40 years of American Protestantism, shaping law and 4. Conditions of Criminal Liability:
politics.
• Voluntariness: Liability arises from voluntary actions or omissions, and
• Scholasticism, derived from the Perennial Philosophy of Saint Thomas the law also recognizes involuntary actions caused by external forces
Aquinas, has significantly influenced law education in the country, especially (e.g., violence or fear).
through universities like the University of Santo Tomas, which was founded in
1734. • Ignorance: Aquinas distinguishes types of ignorance (antecedent,
concomitant, consequent), with antecedent ignorance similar to mistake
II. Aquinas on Crime and Punishment of fact (excusing liability in some cases under Philippine law).

1. Need for Civil and Penal Law: • Aggravating Circumstances: Conditions like time, place, and manner of
acting may increase liability, as discussed in Article 14 of the Revised
• Aquinas emphasizes the necessity of civil law for societal order and
Penal Code (RPC).
penal law for punishing those prone to vice.
III. Wotyla’s Theology of the Body (Pope John Paul II)
• Law serves to guide individuals, especially those who resist virtue,
through the threat of punishment. 1. Sexuality and Responsibility:
2. General vs. Particular Justice: • Wotyla, in his work Love and Responsibility, discusses human sexuality
within the context of personal responsibility, emphasizing that sexuality
• General justice (or distributive justice) serves the community's common
is not just a biological urge but a moral choice.
good, ensuring fairness in the distribution of benefits.
• He stresses that humans, unlike animals, have the ability to make ethical
• Particular justice applies to individuals, focusing on equitable treatment
decisions about their sexual behavior.
according to what is due to them.
2. Sexual Partner as a Person:
3. Restitution and Retribution:
 • Wotyla builds on Kantian philosophy, asserting that a person should property (Articles 104-107), and justifiable punishment for crimes against
never be treated merely as a means to an end, but as a whole individual society.
with intrinsic value.
V. Christian Ethics and Philippine Jurisprudence
• Sexual objectification reduces people to mere commodities, while love
requires seeing and accepting the full person. • The Philippine Constitution, particularly in its provisions on human dignity,
social justice, and family rights, reflects Christian ethical teachings.
3. Pleasure vs. Love:
• Contemporary Catholic humanism, inspired by thinkers like Dietrich von
• Pleasure is natural and good but should not be the ultimate goal. Love is Hildebrand and Pope John Paul II, continues to influence Philippine legal
the highest good, and it involves self-sacrifice and a commitment to the frameworks, especially in family law, reproductive health, and the rights of the
other. individual within the context of society.

• Wotyla speaks of “altero-centrism,” where the sexual instinct moves the Dovetailing Church and State in the Philippines
focus from self-preservation to the affirmation and care for the other.
1. Introduction:
4. Marriage and Total Self-Giving:
Separation of Church and State The principle of the separation of Church and State is
• A fully developed sexual relationship requires total self-giving, which a key issue in Philippine politics and law, largely influenced by Christian philosophy.
can only occur in a stable, monogamous marriage. This review explores various models of Church-State relations, providing context for
the Filipino experience.
• Artificial contraception is seen as a barrier to this self-giving, as it
disrupts the natural order of fertility, which should be seen as a gift 2. Models of Church and State Relations
within the marital bond.
• Sacred Heteronomy: In this model, religion governs all aspects of life, as seen
IV. Application to Philippine Law in historical theocracies (e.g., Old Testament, medieval Europe, Islamic states).
This model is not applicable to the Philippines due to its religious diversity,
• Family Code: Influenced by Aquinas' ideas of justice, the Family Code defines where even the Catholic Church recognizes the state’s right to autonomy.
marriage as a special contract of permanent union between a man and a
woman, focusing on the establishment of conjugal and family life. • First Profane Autonomy: Here, the state controls religion, as seen in
Communist countries like China. This model fails to work because religion
• Criminal Law: Aquinas’ principles on retribution and restitution can be linked transcends national boundaries and state control.
to provisions in the Revised Penal Code (RPC), such as restitution of stolen
 • Second Profane Autonomy: The Western (American) model separates Church principle is rooted in the Bill of Rights (Art III, Sec. 5), ensuring that no law
and State, promoting their independent coexistence. This model has been can restrict religious practice.
adopted in the Philippines' Constitution but has faced critiques, especially from
• Comparison with the US Constitution: The US, from which the Philippine
religious groups like devout Muslims who view it as contradictory to their
beliefs. model is derived, emphasizes a "wall of separation" but allows for religious
expressions in public life (e.g., public oaths, national mottos). The clause in the
• Theandric Ontonomy: This Eastern model seeks harmony between religion and US was designed to prevent the government from endorsing a particular
state. It sees religion as a force for societal good. Countries like Russia, religion, ensuring freedom for all citizens.
influenced by Orthodox Christianity, exemplify this model through cooperation
between religious and political leaders. In the Philippines, religion and law are 5. The Role of Religion in Governance
often intertwined in practice, reflecting an Eastern sensibility where religion is
• Philosophical and Religious Foundations: The US Founding Fathers were
a part of daily life.
heavily influenced by Christian principles, particularly the Ten
3. Filipino Religious Influence Commandments, when drafting their Constitution. This underscores the deeply
religious foundation of Western political thought, even when promoting the
• Pre-Hispanic Filipinos: Religious beliefs permeated Filipino life even before separation of Church and State.
Spanish colonization, where rituals were integrated into everyday life (e.g.,
• Justice Jorge Coquia's Perspective: Coquia suggests that the Philippine
household practices, farming, and spirituality).
separation clause should emphasize "the distinction and cooperation of Church
• Philippine Revolution: The revolutionary movement sought not a strict and State," aiming for collaboration rather than antagonism.
separation but a Filipino-controlled Church. The push for the separation clause
during the Malolos Constitution was contentious but eventually passed. 6. Religion and Society

• Modern Filipino Religious Influence: Throughout Philippine history, religion • Evaluating Religion’s Role: The positive role of religion in society is debated.
has played a central role, especially during crises (e.g., EDSA Revolutions). Religion can inspire virtues like justice, truth, and the pursuit of the common
The government continues to seek divine providence, as reflected in the good. In contrast, harmful religious ideologies that promote dependency or
Constitution’s preamble. violence can be dangerous.

4. Constitutional Framework • Dennis Prager’s Ethical Monotheism: Prager argues that the belief in one God
promotes the dignity and equality of all humans. The Ten Commandments
• Separation Clause: According to Fr. Joaquin Bernas, SJ, the Philippine form the basis for a moral code that underpins civil society, reflecting the
Constitution’s separation clause prevents the government from establishing a shared values of life, liberty, and family.
state religion and ensures the freedom of conscience for all citizens. This
7. The Ten Commandments in Philippine Law Chapter VII: Lex Mercatoria – From Custom to Law

The Ten Commandments are symbolically represented on the official seal of the Overview: Lex Mercatoria, also known as the law merchant, is a body of laws and
Philippine Supreme Court. This recognition highlights the deep connection between principles created by merchants to regulate trade, contracts, and business transactions.
law and religion in Filipino culture, emphasizing the moral and ethical principles that While it originated from medieval trade customs, it has influenced modern
guide both systems. international commercial practices. The rise of electronic commerce has further
modernized these rules, making global transactions faster and easier.
8. Conclusion:
Key Concepts of Lex Mercatoria:
Balancing Church and State The Philippines’ experience with Church-State relations
is shaped by a unique combination of religious tradition, colonial history, and legal 1. Origins of Lex Mercatoria:
philosophy. The Constitution advocates for separation, but in practice, religion
continues to play a significant role in both the personal and public spheres. This • Started as Customs: Lex Mercatoria was initially a set of customs
reflects a broader Eastern model, where law and religion are intertwined, and a more followed by medieval merchants to regulate trade.
collaborative approach to governance is emphasized.
• Fair Courts: Disputes were settled in special commercial courts along
trade routes, called "fair courts."

Key Points to Remember: • Time-Sensitive: In trade, time was crucial, and merchants needed quick
resolutions to prevent losses due to spoiled goods or delays in payment.
• The Philippine Constitution's separation clause reflects American influence but
allows for religious participation in public life. 2. Development of Financial Instruments:

• Different models of Church-State relations exist, with the Philippines aligning • Bills of Exchange, Checks, and Promissory Notes: Merchants needed an
more with the Eastern model of integration than Western secularism. easy way to transfer debt or credit, leading to the creation of financial
instruments like bills of exchange. These instruments made it easier for
• Religion continues to be a vital force in Filipino society, shaping both creditors to transfer debts.
governance and personal values.
• Banknotes: Promissory notes evolved into banknotes, which are
essentially guarantees from central banks to pay a certain amount.
 • Writing Obligatory: This system allowed for easier credit transactions, • Publicly Listed Corporations: This exchange introduced the concept of
bypassing the need for immediate money. publicly listed companies, where anyone could buy ownership stakes in
a company.
3. Banking and the Medicis:
6. Modern Applications:
• Origin of "Bank": The term "bank" comes from the Italian word
"banca," meaning a bench. Early bankers in Florence, such as the • Global Trade: Today, Lex Mercatoria continues to guide international
Medicis, would exchange foreign currency and lend money at interest, trade practices, even in the age of e-commerce.
which was previously forbidden by the Church.
• Cross-Border Transactions: Financial markets like the stock exchange
• Creditworthiness: Banks, like the Medicis, only lent to those deemed and bond markets help facilitate international investments and trade
creditworthy, introducing the basic banking principle of assessing a
borrower's ability to repay.
• Lex Mercatoria started as a collection of customs for regulating trade but
• Commission vs. Interest: Instead of calling their earnings “interest,” the
Medicis referred to it as a "commission," making it a legitimate practice. evolved into a complex legal framework.

• Key financial instruments like bills of exchange, promissory notes, and

4. Bond Markets and Government Financing:
banknotes are direct results of Lex Mercatoria.
• Introduction of Bonds: To fund wars without raising taxes, Italian states
• Banking, as we know it today, owes much to early Italian bankers like the
introduced bonds, where the public could lend money to the government
in exchange for future profits. Medicis.

• Bond markets helped governments raise money without over-taxing citizens, a

• Public Investment: The public invested in the government’s bonds,
expecting profit from government ventures or wartime spoils. practice still seen today in modern economies.

• The stock market concept, which began with the Amsterdam Stock Exchange,
5. Stock Markets and Corporate Ownership:
laid the foundation for today’s corporate finance practices.
• Amsterdam Stock Exchange: In 1602, the world’s first stock market, the
Amsterdam Stock Exchange, opened. This allowed the public to buy
shares in the Dutch East India Company, the first multinational
corporation.
1. Bank of Amsterdam (1609) and Central Banking: 4. Development of Common Law and Lord Mansfield:

• Foundation of the First Central Bank: The Bank of Amsterdam, founded in • Common Law Influence: In the 1700s, English chief justices, including Lord
1609, is recognized as the world's first central bank. It played a key role in Mansfield, adopted mercantile customs as part of common law. His rulings
facilitating international trade and financial stability, which is similar to the influenced commercial law in England, the United States, and later, the
role modern central banks play today. Philippines.

• Functions of Modern Central Banks: Modern central banks, such as the • American Influence: The jurisprudence of Lord Mansfield was integrated into
Bangko Sentral ng Pilipinas (BSP), manage national currency, regulate banks, American commercial codes (e.g., insurance, partnership, contracts), which
maintain price stability, and ensure the smooth functioning of the financial influenced Philippine commercial law.
system.
5. Protestant vs. Catholic Commercialism:
2. Codification of Lex Mercatoria:
• Protestant Values and Economic Prosperity: Protestant countries like England,
• Statute of Merchants (1283): The Statute of Merchants in England was one of Scotland, and the Netherlandsdeveloped values of industry, frugality, and
the earliest codifications of commercial laws, marking the formalization of wealth creation, making them leaders in economic theory, contracts, and
mercantile customs into law. corporate practices.

• Code Commercial (1807): In France, the Code Commercial was introduced in • Catholic States' Struggles: Catholic countries such as Spain, Portugal, and
1807, further cementing the transition of mercantile practices into formal legal France faced economic decline due to excessive borrowing, taxation, and focus
systems. on extravagant rituals.

3. Gerard de Malynes and Lex Mercatoria: 6. Adam Smith and the Birth of Capitalism:

• Gerard de Malynes (1622): Malynes published "Consuetudo vel Lex • The Wealth of Nations (1776): Adam Smith, known as the Father of
Mercatoria", advocating for free marketsand opposing state manipulation of Economics, proposed that a free marketshould be governed by supply and
trade and exchanges, which he believed caused economic imbalances. demand. He argued that profits must be high enough to cover risks, but
excessive profits would drive customers to seek cheaper alternatives.
• Abolition of Imprisonment for Debt: Malynes also argued for the abolition of
imprisonment for debt, suggesting that it discouraged investment risks and • The Invisible Hand: Smith introduced the concept of the "invisible hand,"
business loans. where market competition leads to self-regulation, benefiting both producers
and consumers.
 • Role of Government: Smith believed in minimal government intervention, 10. Adam Smith's Economic Philosophy
advocating for regulations against monopolies, special privileges, and
protectionism. • Self-Interest and the Invisible Hand: Smith believed individuals acting in their
self-interest unintentionally promote public good in a free market.
7. The Right to Property and Bank Regulations:
• State Intervention: While supporting free markets, Smith recognized the need
• Natural Rights: For Smith, the right to property was a natural right, and people for state intervention to regulate public health, enforce contracts, manage
had the right to the fruit of their labor. public works, and ensure defense and order.

• Bank Regulations: Smith supported free banking, but believed that the issue of • Morality and Sympathy: In The Theory of Moral Sentiments, Smith
banknotes should be regulated. He argued that banks should be cautious in emphasized the role of morality and sympathy between individuals, promoting
issuing loans, ensuring that only those who truly need capital borrow money. ethical behavior in business and society.

8. Criticism of Business Abuses: • Modest Redistribution: Smith suggested that society cannot flourish if most
members are poor, supporting some redistribution of wealth.
• Monopolies and Protectionism: Smith criticized monopolies and the East India
Company for oppressing colonies and stifling competition. He called for 11. Lord Mansfield's Contributions to Commercial Law
measures to break monopolies and allow free competition.
• Mercantile Law: Mansfield argued that commercial law should be based on
• Worker’s Rights: Smith advocated for division of labor, where workers international mercantile customs and not restricted to a single country’s laws.
specialize in certain tasks, leading to increased productivity. He also proposed
• Good Faith in Insurance: In Carter v. Boehm (1766), Mansfield established the
that the poor should have access to labor mobility and be allowed to negotiate
for fair wages. principle of uberrima fides(utmost good faith) in contracts, particularly in
insurance, where the insured must disclose all material facts.
9. Labor and Wages:
• Patent Law: In Lordet v. Johnson (1778), Mansfield emphasized that inventors
• Labor Mobility: Smith believed that the poor should not be enslaved or left to must disclose the full details of their inventions for exclusive rights.
beg, but should have the opportunity to improve their living standards through
• Anti-Slavery Ruling: In Somersett’s Case (1772), Mansfield ruled that slavery
fair wages and work.
was unlawful in Britain, marking a significant step in the abolitionist
• Wages and Productivity: As the labor market became more competitive, wages movement.
would naturally rise as employers competed for skilled workers. Smith also
suggested that workers should have time to rest and rejuvenate, which would 12. Philippine Commercial Law Evolution
enhance their productivity
 • Pre-Colonial Economy: The Philippines had a system of trade and contracts • Bureaucratic Hurdles: According to Hernando de Soto's The Mystery of
before Spanish colonization, evident in the Laguna Copperplate Inscription, Capital, bureaucratic obstacles, corruption, and complicated regulations hinder
which detailed transactions like debt payments. the development of businesses in the Philippines, preventing many from
accessing capital and legal property ownership.
• Spanish Colonial Influence: Under Spanish rule, trade and commercial laws
were largely ignored, focusing on religious and family matters. The Spanish Chapter VIII: Remedial Law: The Empirical Philosophers
also introduced a monetary system but replaced local currency with coins from
Spain. I. Bacon's Inductive Jurisprudence

• American Colonial Influence: The U.S. introduced commercial laws like the Knowledge as Power: Francis Bacon's famous quote, "Knowledge is power,"
Corporation Law and the Negotiable Instruments Law, which aligned with emphasizes the importance of knowledge in all fields, including law. Bacon
American practices, helping to modernize Philippine commerce. argued that philosophers create ideal laws, while lawyers apply laws to concrete
situations. Both are important, but lawyers focus on the practical aspects, like how
• Post-War Economic Challenges: After WWII, the Philippines faced laws work in reality.
hyperinflation and currency instability. The central bank played a critical role
in stabilizing the economy by controlling the money supply and maintaining Inductive Method: Bacon introduced the inductive method, which is central to
reserves. scientific and legal reasoning. This method involves observing specific instances,
gathering data, and then forming general principles or laws. It is a process of
13. Economic Modernization and Globalization moving from particular observations to broad conclusions, opposite to the
deductive method (moving from general principles to specific cases). This
• Investment Laws: The Philippines has been slowly liberalizing investment approach allows judges to make decisions based on patterns observed in past
laws, allowing more foreign investment to boost technology and capital cases.
infusion. However, certain laws still restrict foreign ownership, such as the
requirement for Filipinos to own key industries. Judging with Caution: Bacon warned against relying on preconceived notions or
flawed reasoning. He identified four "idols" or errors that influence human
• Economic Nationalism: The 1987 Constitution promotes economic judgment:
nationalism, favoring Filipino ownership, especially in strategic industries.
However, this limits foreign investment in some sectors. Idols of the Tribe: Illusions based on human nature and senses.

• Free Market Economy: The Philippines adopted a free market system after Idols of the Cave: Generalizations from limited experiences.
World War II, with liberalized trade policies and banking practices, including
Idols of the Market: Misunderstandings due to language and communication.
the independence of the Bangko Sentral ng Pilipinas (BSP) to ensure economic
stability. Idols of the Theatre: Errors arising from false philosophies and theories.
Application in Law: Bacon's inductive method applied to law suggests that legal Custom and Evidence: Hume emphasized that probability is rooted in custom—
principles should emerge from observed cases and experiences, not from abstract things that occur regularly. For example, a father is more likely to care for his
theory. This method allows the law to evolve and adapt, guided by past judgments. child than harm them. Therefore, in the case of parricide (killing one's parent),
evidence must contradict this assumption for a conviction to occur.
Inductive Law in Practice: The U.S. and Philippine legal systems have embraced
the inductive approach. In the U.S., this was seen in the development of the Judgments Based on Evidence: Legal decisions are not about certainties but
Federal Rules of Civil Procedure and Federal Rules of Evidence. Similarly, the about what is most probable based on evidence. Courts rely on a balance of
Philippines adopted rules similar to the U.S. to standardize court procedures and probabilities, where the more likely explanation is accepted unless contradicted by
evidence handling. stronger evidence.

II. Exhuming the Evidence: Hume's Presumptions and Probabilities The Role of Skepticism: Hume's skepticism challenges absolute certainties in
law. He argued that the law should always account for uncertainty and avoid
Probable vs. Improbable: Philosopher David Hume argued that while we can assuming that one event is always caused by another. For example, just because a
never be sure about the future, we rely on probabilities based on past experiences. person has a history of violence does not guarantee they committed a violent act
For example, we don't know the sun will rise tomorrow, but we believe it will on every occasion.
because it has always risen in the past. This idea of probability is reflected in law,
where presumptions guide judgments. III. Wittgenstein and the Game of Doubt

Legal Presumptions: According to Rule 131 of the Rules of Evidence, certain Certainty and Doubt: Ludwig Wittgenstein argued that doubt itself presupposes
things are presumed true until proven otherwise. For example: certainty. To doubt something, one must have an idea of what is certain. In legal
contexts, this is reflected in "conclusive presumptions" (Rule 131, Section 2),
A person is presumed to intend the consequences of their actions. where some facts are accepted as true without needing further evidence.
It is presumed that people perform their duties properly and fairly. The "Game of Doubt": Wittgenstein suggested that in debates, doubts are often
strategic, not genuine. For instance, lawyers may cast doubt on a witness's
Transactions and actions are presumed to be lawful unless proven otherwise.
testimony not because they believe it's untrue, but to advance their own argument.
Reasonable Doubt and Presumptions: Legal judgments are based on
Common Sense and Legal Certainty: Wittgenstein's concept of "common sense"
probabilities. In criminal law, for example, an accused person is presumed
suggests that there are basic facts we accept without question, such as the
innocent until proven guilty. This presumption is based on the likelihood that most
existence of a witness's two hands. In law, these common-sense facts guide
people do not commit crimes. However, if sufficient evidence exists, the
judgments without needing further proof.
presumption can be overcome.
Judicial Notice: Some matters are so well-known or obvious that courts can Historical Events:
accept them without needing evidence. For example, the law assumes that people
understand basic principles of human behavior (such as the presumption that a Magna Carta (1215): King John was forced to sign the Magna Carta after barons
person does not kill without reason). revolted. This was the foundation for modern rights such as no arbitrary
punishment and no taxation without consultation.
Summary:
American Revolution (1776): The Declaration of Independence was influenced
Bacon's Inductive Jurisprudence: Legal principles should be based on observed by John Locke's ideas about natural rights: "Life, Liberty, and the pursuit of
patterns, not abstract theory. This inductive method evolves law over time. Happiness." It affirmed the right of people to change or abolish a destructive
government.
Hume's Presumptions and Probabilities: The law relies on probabilities, and
presumptions guide judgment. We assume regular occurrences until evidence French Revolution: Inspired by Rousseau’s ideas of the "social contract," which
suggests otherwise. opposed monarchy and advocated for democracy.

Wittgenstein's Game of Doubt: In legal arguments, doubts are often motivated Enlightenment Influence on Philippine Constitution:
by the desire to advance a particular position. Courts rely on common-sense facts
and conclusive presumptions to make decisions efficiently. Jose Rizal: A reader of Voltaire, Rizal incorporated Enlightenment ideals into his
"Rights of Man" proposals. These included equality of rights, property rights,
freedom of belief and expression, presumption of innocence, due process, and
public accountability.
CHAPTER IX POLITICAL LAW - REFORM, REVOLUTION, AND
RESISTANCE: I. THE NEO-CLASSICAL PHILOSOPHERS Malolos and 1935 Constitutions: Adopted liberal principles similar to the
American Bill of Rights, incorporating ideas from Enlightenment philosophers.
Modern Concept of Rights:
Social Contract Theory:
"Rights" are a modern concept, emerging from libertarian revolutions influenced
by reformist philosophers. John Locke: Advocated for the natural rights of man, which are fundamental and
not derived from monarchs.
These theories were developed as alternatives to the divine right of kings and
absolute monarchies, advocating for government by consent. Hobbes: Depicted the "natural state" of man as chaotic and violent.

Rousseau: Believed in the "noble savage" and viewed society as a corrupting

force.
I. Machiavelli's Political Philosophy: Machiavelli advocated for empowered leaders who could balance fear and favor
to protect the state and its citizens' rights.
The Prince: Machiavelli emphasized pragmatic politics, where rulers must be
adaptable to the people's fickleness and sometimes use force over law. His ideas influenced modern political leaders, such as Singapore’s Lee Kuan Yew,
who believed in the necessity of instilling fear to maintain control.
Principles of Leadership:
Conclusion: This chapter explores the evolution of political rights and theories,
Appear virtuous but be ready to act ruthlessly when needed. from early ideas in Magna Carta to Enlightenment thought and Machiavellian
realpolitik. It highlights how these ideas influenced political revolutions and the
Use force when necessary; law alone is not enough against brutes.
creation of modern constitutions, including in the Philippines.
Delegate punishments but take credit for rewards.
II. Hobbes on Sovereign Immunity - Key Points
Fear vs. Love: Better to be feared than loved, but not hated.
State of Nature:
Punishments should be swift and impactful, while rewards should be gradual to
foster appreciation. Thomas Hobbes argued that in the "state of nature," life was "poor, nasty, brutish,
and short" due to constant fear and self-interest, leading to chaos.
Shrewdness and flexibility: Rulers must adapt to changing social and political
conditions. There was no law, industry, or property, and everyone was vulnerable due to
scarcity and conflict.
End Justifies the Means: Machiavelli did not advocate for evil, but for necessary
actions to maintain power and order. Social Contract:

Machiavelli on Government Types: To avoid chaos, people entered into a social contract, surrendering some freedoms
to a ruler (Sovereign) who would enforce laws and maintain peace.
He favored republican government, where rulers are chosen by the people,
believing it creates a more stable and just society. The Sovereign's power is derived from the people to ensure security and order.

He acknowledged the usefulness of religion in maintaining political power and Justifying Authoritarianism:
unifying the people, but criticized Christianity for promoting humility and Hobbes argued that a ruler with absolute power is necessary to prevent society
weakness.
from falling into disorder.
Machiavelli’s Legacy: A ruler's abuses, though undesirable, are less harmful than the chaos of a lawless
society.
Sovereign Immunity: In his Utopia, More emphasized that the family is the basic unit of society and the
foundation of governance. The island of Utopia itself was structured like a large
Hobbes' view laid the foundation for sovereign immunity, where the state cannot family, where children helped with housework, and the elderly educated the
be sued without its consent, as seen in Article III, Section 3 of the 1987 younger generations.
Philippine Constitution.
More’s concept of the family was central to learning virtues and preparing
Sovereign immunity reflects Hobbes’ belief in the absolute power of the ruler to individuals for their roles in civil society.
maintain order.
Marriage and Divorce:
Modern Relevance:
More believed in monogamy and supported strict marriage laws. Divorce was
While Hobbes’ ideas seem extreme, his concepts resonate in modern times, only allowed in cases of adultery or severe perversity, but the guilty party could
especially with populist leaders advocating for strong central authority to maintain never remarry.
order, even at the expense of civil liberties (e.g., Rodrigo Duterte, Donald
Trump, Vladimir Putin). He opposed divorce based on incompatibility and felt it weakened the marriage
bond.
Conclusion: Hobbes' ideas emphasize the necessity of a powerful Sovereign to
avoid the chaos of the state of nature. Sovereign immunity and centralization of The Role of the Sovereign:
power remain relevant in modern political discussions, particularly in times of
social unrest or authoritarian leadership. More viewed the ruler as a father figure to the people, highlighting the
importance of care and responsibility in leadership. The sovereign should serve the
III. Thomas More on Republicanism and the Family as the Basic Unit of people and act as a guardian, not as a master.
Society
He criticized the dangers of absolute power and promoted a system of
Republicanism: government where the people could revoke sovereignty and involve themselves in
decisions, similar to the Roman Senate.
Thomas More believed that sovereignty should not be vested in a single ruler for
life. Instead, it should be elected by the people to allow them to hold their rulers The Rule of Law:
accountable and remove them if necessary.
More believed in the rule of law to prevent abuses of power. He saw law as a
More was an early advocate for Republicanism in an era of absolute monarchs, mechanism for justice and the protection of freedom.
seeing the people as the source of authority rather than divine right or inheritance.
He also advocated for fewer laws but more conventions and regulations,
The Family as the Basis of Society: advancing the idea of “less government”.
Separation of Church and State: IV. Unlocking Inalienable Rights

More supported the separation of Church and State, advocating for a moral Frederic Bastiat's View on Law:
society based on reason and conscience. While he was a staunch Catholic, he
believed that government should not impose religious dogma but allow citizens the Bastiat defines law as the organization of natural rights, particularly the right to
freedom to follow their conscience. defend oneself. Law, in his view, acts as a common force to protect the life,
liberty, and property of individuals and to ensure justice in society.
Modern Relevance:
John Locke's Philosophy on Natural Rights:
More’s ideas about Republicanism, family values, and the rule of law have
influenced modern political thought, as seen in constitutional frameworks that Locke disagreed with Hobbes' view of man as irrational, instead asserting that man
balance freedom, justice, and morality. is inherently rational and capable of self-determination.

Rizal referenced More’s Utopian ideals as modern realities, acknowledging the His philosophy, influenced by the struggles of his Puritan parents, emphasized
progress made in areas such as universal suffrage and religious toleration. natural rights that are inalienable—rights to life, liberty, and property.

Critique of Absolute Power: Locke’s ideas became foundational for Thomas Jefferson and the American
Revolution.
More warned that unlimited power often corrupts rulers over time, leading them
to become self-serving and disconnected from the needs of the people. The State of Nature:

Education and Conscience: Locke proposed that in the state of nature, humans lived in peace, goodwill, and
mutual assistance, where they enjoyed natural rights to protect their life, limb,
More advocated for equal education of the sexes and emphasized the importance and property.
of an educated conscienceto guide individuals toward virtuous behavior.
Unlike Hobbes, Locke believed that the state of nature was not inherently a state
Conclusion: More’s political philosophy, which prioritizes Republicanism, the of war but rather one of relative peace where people sought mutual preservation.
family unit, and the rule of law, promotes a balanced, moral, and accountable
system of governance. His ideas on leadership and governance continue to Social Contract and Civil Rights:
influence modern political structures, where the state serves the people rather than
Civil rights arise from the social contract, which is an agreement to form a
exercising unchecked power.
government for the common welfare and to safeguard the natural rights of
individuals.
Civil rights, such as the right to a trial, protect and supplement natural rights He, like Montesquieu, believed in the importance of separating powers to ensure
through written laws. that no branch of government becomes too powerful and to prevent conflict of
interest.
The social contract does not give away natural rights; it creates a system where
these rights are safeguarded through civil society. Separation of Church and State:

Inalienable Rights: Locke advocated for the separation of Church and State, allowing individuals
the freedom to follow their conscience and engage in religious or worldly matters
Locke stressed that natural rights, like the right to life, liberty, and property, are without interference from government.
unalienable—they cannot be surrendered or transferred. This concept is echoed in
the American Declaration of Independence. Consent of the Governed:

Locke argued that reason dictates that no one should harm another in their life, Sovereignty, according to Locke, ultimately resides with the people. Express
liberty, or property. These rights are universal, based on shared human consent from the governed must be obtained to form a government. Majority rule
experience and rational principles. and popular representation should guide the government, ensuring that the
people govern themselves.
The People’s Trust:
Doctrine of Non-Delegation:
The social contract is an agreement among free individuals for the public good.
When a sovereign violates natural rights and goes against the public interest, the Locke argued that the legislative power cannot be transferred to others because it
people have the right to disobey or revolt. is delegated by the people. This idea became known as the doctrine of non-
delegation, meaning that the people have the final say in how laws are made and
While the trust between the people and the sovereign can be revoked, the social no one can transfer this authority to another body.
contract remains. The sovereign is replaced, but the civil laws that ensure social
order stay intact. Conclusion: Locke’s philosophy emphasizes the inalienable rights of individuals
and the importance of reason, freedom, and consent in forming and maintaining a
Separation of Powers: government. His ideas laid the foundation for modern political thought, advocating
for a system that balances the protection of natural rights with the creation of civil
Locke proposed a tripartite system of government, separating powers into the
rights, separation of powers, and a government that serves the people.
legislative, executive, and federative branches to avoid concentration of power in
one body.
V. ROUSING MAN TO BE FREE Rousseau noted that with joint labor and production, work became indispensable
and no longer a personal or independent act. Accumulating property and power
Rousseau's View of Human Nature: creates inequality, competition, and the rise of war.
Rousseau, like Locke, believed that man was naturally good and free, a concept Critique of Civilized Society:
reflected in his idea of the "noble savage". In the natural state, humans are
focused only on self-preservation and reproduction. Rousseau contended that the more "civilized" a society becomes, the more
destructive wars it engages in. The pursuit of property and power leads to
"Man was born free but everywhere he is in chains": conflict, making society’s advancement paradoxically more harmful.
This famous quote from Rousseau’s The Social Contract highlights his belief that Rousseau in the Romantic Age:
society, rather than nature, corrupts man. Though man is born free and good,
society imposes chains through laws, norms, and social structures that cause Rousseau’s ideas were shaped by the Romantic Age, which was disillusioned
injustice and inequality. with over-rationalization and scientific thinking. This era emphasized the
importance of emotions, individual freedom, and a return to natural goodness,
Society’s Corrupting Influence: contrasting with the rigid structures of rationalism and industrialization.
Rousseau argued that the civilized society makes man savage, selfish, and Conclusion: Rousseau's philosophy critiques the effects of civilization and
unhappy. Unlike the natural state, where man’s concerns are simple, society society on human freedom. While man is born good, society imposes structures
introduces the need for public esteem, which brings vanity, shame, envy, and that corrupt his nature, creating inequality and conflict. Rousseau advocates for the
deceit. idea that society can only be just if it returns to principles that promote freedom,
equality, and the common good.
Property and power are central to societal structure, leading to competition,
war, and the vindication of property. VI. THE MILL OF HAPPINESS AND LIBERTY
Punishment and Societal Impact: The state's role should focus on preventing harm to others, not dictating personal
behavior. Legal paternalism, where laws restrict self-harm (e.g., suicide
Rousseau believed that as societies become more civilized, punishments become
prevention, safety gear requirements), contradicts Mill's theory, as he believes
harsher, turning wrongdoings into public spectacles. What was once a personal
individuals should be free to make decisions that affect only themselves.
injury becomes something that demands public attention, leading to more severe
punishments. Contemporary Relevance:
The Role of Labor and Property: Mill’s ideas continue to influence debates around individual rights and freedom
of choice, with ongoing advocacy for personal autonomy, free speech, privacy,
and reproductive rights. The state’s interference in personal decisions should be The Conscience Over Conformity:
minimal and only aimed at preventing harm to others.
Thoreau believes individuals should never compromise their conscience. If the
John Stuart Mill’s philosophy emphasizes individual freedom, the harm law requires one to commit injustice, the person should break the law. He
principle, and utilitarianism, arguing that laws should protect people from harm advocates for resisting injustice by becoming a "counter-friction to the machine,"
but allow them to pursue their happiness in any way that does not harm others. His meaning actively opposing unjust systems.
ideas have shaped modern concepts of personal autonomy, civil rights, and limited
government intervention. Civil Disobedience and Non-Violence:

VII. CIVIL DISOBEDIENCE AS A DUTY While Thoreau acknowledges that blood may be spilled in resistance, he argues
that real violence is already present when the government is unjust. He does not
Civil Disobedience as a Right and Duty: advocate for immediate revolution in every instance but emphasizes that the law
must be clearly unjust before acting in resistance.
Henry David Thoreau advocates for civil disobedience not only as a right but as
a duty to challenge oppressive systems. He believed that individuals should act Mahatma Gandhi’s Adoption of Civil Disobedience:
according to their conscience, even if it means resisting the law.
Gandhi later adopted Thoreau's method of satyagraha (civil disobedience),
Thoreau argued that government is often "expedient" but not necessary and that notably in India’s resistance to British salt taxes. Thoreau’s influence extended to
people should have the right to govern themselves. He emphasizes that personal Gandhi's philosophy of nonviolent resistance against colonial rule.
conscience should come before blind obedience to the law.
Self-Sufficiency and Independence:
Criticism of Passive Obedience:
Thoreau believed that to effectively resist an oppressive government, individuals
Thoreau compares those who blindly follow the law to automatons or machines, must become self-sufficient, living independently from government control. This
suggesting that true progress comes from people exercising their moral judgment, lifestyle requires rejecting materialism and embracing simplicity, which enables
not from governments. He was critical of militarization, where soldiers follow individuals to act according to their conscience without relying on the state.
orders without questioning the morality of their actions.
Vision for Progress:
When Revolution is Justified:
Thoreau envisioned progress as the evolution of government from absolute
Thoreau states that a revolution becomes a right when the government’s tyranny monarchy to limited monarchy, then to democracy, and eventually to a state
or inefficiency becomes unbearable. This includes situations of oppression, where individual rights are fully recognized, and the state derives its authority
slavery, or foreign conquest. A revolution is justified when individuals or a from the people. Until that moment, resistance is necessary.
people are forced to act against injustice, even at great personal cost.
Conclusion: Thoreau’s philosophy of civil disobedience calls for individuals to Revolution is inevitable, as class conflict between the proletariat and the
prioritize their conscience over blind obedience to laws, especially when those bourgeoisie escalates.
laws are unjust. He believes that true progress comes from self-governance and
resistance against oppressive systems. His ideas inspired later movements, Lenin and Socialism:
including Gandhi’s nonviolent resistance and modern civil rights movements.
Lenin expanded on Marx’s ideas, arguing that socialism, the conversion of private
CHAPTER X: LABOR LAW: SOCIALISM AND COMMUNISM to public property, is the first phase of communism.

Labor Rights in Capitalism: Under communism, all resources would be collectively owned, eliminating class
distinctions and creating a society where everyone’s needs are met according to
Minimum wage, working hours, leave benefits, rest days, security of tenure, and their abilities.
collective bargaining are basic labor rights today.
The Red Revolution and Violence:
These rights were hard-won after a long period of exploitation in capitalist
economies, especially during the Industrial Revolution when workers faced unsafe Revolutions, according to Marx and Lenin, would be violent uprisings that
working conditions and long hours for minimal pay. overthrow the ruling class to create a new, classless society.

Karl Marx’s Influence: This violent transition has been criticized for its massive human cost, as seen in
Stalin’s USSR, Mao’s China, and the Khmer Rouge in Cambodia, where millions
Marx, a critic of capitalism, argued that the proletariat (working class) produces died due to purges, forced labor, and famines.
value, yet the bourgeoisie (capitalist class) reaps the profits, leading to worker
alienation and exploitation. The Critique of Capitalism:

He called for revolution to overthrow the capitalist system, with the goal of Marx argued that capitalism leads to exploitation, a widening gap between the rich
establishing socialism—a system where the workers control the means of and the poor, and alienation of the worker from the product of their labor.
production. Eventually, this would lead to communism, where there is no class
The capitalist system exploits workers, whose labor creates value that is
structure and no need for the state.
appropriated by the capitalists. This leads to social inequality, environmental
The Communist Manifesto: degradation, and a loss of communal values.

Marx and Engels wrote that the working class must rise up against the capitalist Socialism vs. Capitalism:
system, which they saw as exploitative. They argued that the wealth created by
workers is appropriated by capitalists, leading to social inequality.
 Capitalist economies emphasize individualism, consumer choice, and private I. FEMINISM AND GENDER LAW
ownership. However, they are also prone to economic inequalities, monopolies,
and financial crises, like the Great Depression. First-Wave Feminism (19th - Early 20th Century)

• Basic legal rights for women, such as voting and education.

In contrast, socialism advocates for the redistribution of wealth and the
nationalization of key industries to ensure that the benefits of production are • Mary Wollstonecraft’s "A Vindication of the Rights of Woman" (1792): First
shared more equitably among the people. feminist manifesto advocating for equal education and intellectual recognition for
women.
CHAPTER XI POST-MODERNISM AND THE FUTURE OF LAW
Achievements:
Welfare Capitalism and Mixed Economy
• Suffrage movements led to women gaining the right to vote (e.g., 19th
• Welfare Capitalism: A mixed economic model used by countries Amendment in the U.S., 1920).
like Scandinavia and Japan, balancing free-market capitalism with state
intervention. The goal is to promote social welfare and reduce inequality. Second-Wave Feminism (1960s - 1980s)
• Keynesian Economics: Advocates for government intervention during economic
downturns through public spending and regulation to stabilize the economy. • Reproductive rights, sexual liberation, gender equality, and workplace rights.

Worker-Controlled Capitalism 1. Reproductive Rights: Legalized birth control and abortion (e.g., Roe v. Wade,
1973).
• Worker-Controlled Capitalism: Workers gain shares in businesses, becoming co- 2. Sexual Liberation: Challenged traditional gender roles and promoted sexual freedom
owners. This model allows employees to have a stake in the profits and decision- for women.
making of companies, fostering a more equitable relationship between workers and 3. Workplace Equality: Pushed for equal pay, anti-sexual harassment laws, and
employers. the glass ceiling.

International Labor Rights Figures:

• UN’s International Covenant on Social, Economic, and Cultural Rights: • Betty Friedan
Recognizes labor rights as a fundamental part of international human rights law, • Gloria Steinem
with 160 countries adhering to the covenant.
• International Labor Organization (ILO): Works globally to improve labor Third-Wave Feminism (1990s - Present)
standards, advocating for fair wages, safe working conditions, and workers' rights.
• Diversity, individualism, and intersectionality.

1. Intersectionality: Recognizing how race, class, gender, and sexuality intersect to

shape women’s experiences.
 2. Gender Fluidity: Emphasizing non-binary gender roles and embracing LGBTQ+ o Legalized abortion but, according to Germaine Greer, led to invasive
rights. procedures and pills under societal pressures, leaving women with limited
3. Media Representation: Focused on challenging misrepresentation of women in choices.
media and pop culture. o Norma McCorvey (Jane Roe): Later became a pro-life advocate, showing
the complexities of abortion laws.
Figures: 2. Feminist Perspectives on Abortion
o New Feminism: Addresses issues like sex-selective abortion and advocates
• Kimberlé Crenshaw (Intersectionality) for better prenatal healthcare for both mothers and unborn children.
• Rebecca Walker o Greer's Conclusion: True freedom for women would involve societal
support, questioning why men are not held accountable for women’s health
Key Concepts in Feminism and fertility.

1. Reproductive Rights: Advocating for abortion and birth control access. International Perspectives on Abortion
2. Sexual Liberation: Challenging the double standard in sexual behaviors.
3. Workplace Equality: Pushing for equal pay and anti-harassment laws. 1. UN Guidelines
4. Gender Fluidity: Rejecting rigid gender roles and embracing gender diversity.
Cairo Conference on Population and Development (1994): Stated abortion
Feminist Legal Critiques First-Wave Feminism (19th - Early 20th Century)
1. Abortion Laws: Laws often limit women’s choices instead of expanding them. • Basic legal rights for women, such as voting and education.
2. Sexual Consent and Gendered Violence: Legal systems often reflect gendered
expectations that disadvantage women. • Mary Wollstonecraft’s "A Vindication of the Rights of Woman" (1792): First
3. Reproductive Health: Advocating for prenatal healthcare and support for mothers. feminist manifesto advocating for equal education and intellectual recognition for
women.

Achievements:
• Feminism has evolved through three waves: the first wave focused on basic rights,
the second wave on sexual and workplace equality, and the third wave on diversity • Suffrage movements led to women gaining the right to vote (e.g., 19th
and inclusion. Amendment in the U.S., 1920).
• Feminist critiques of laws are vital for highlighting gendered inequalities, especially
in sexual consent, reproductive rights, and workplace discrimination. • Feminism has evolved through three waves: the first wave focused on basic rights,
the second wave on sexual and workplace equality, and the third wave on diversity
and inclusion.
• Feminist critiques of laws are vital for highlighting gendered inequalities, especially
Abortion and Women’s Rights in sexual consent, reproductive rights, and workplace discrimination.
1. Roe v. Wade (U.S.) o should not be used for family planning but focused on reducing the need for
abortion.
 o Beijing Conference on Women: Emphasized not punishing women who have oEncourages women to publicly share their personal stories of abuse and
abortions but addressing reproductive health determinants. empowerment, challenging dominant narratives and highlighting lived
experiences.
2. Empowerment through Testimony
o Women’s testimonies serve as powerful tools to raise awareness and change
2. European Union Legal Cases societal views.
o Bruggemann and Scheuten v. Germany & ABC v. Ireland: European
Court ruled that a woman's right to privacy isn't absolute, particularly when • Abortion Laws: Often have unintended consequences, reducing women’s choices
the fetus’s rights are involved. instead of expanding them.
o Human Rights Committee (KL v. Peru): Abortion may be allowed when the • Feminism Today: Focuses on not only a woman's right to choose but also on
pregnancy is fatal for both mother and child. protecting the rights of the unborn, improving prenatal healthcare, and ensuring
support for mothers.
Philippine Constitution and Laws • International and Constitutional Emphasis: Both international frameworks and the
Philippine Constitution emphasize the need to protect the rights of both the mother
• Art. II, Sec. 12: Mandates the state to protect both the life of the mother and the and the unborn child.
unborn from conception. • Feminist Legal Critiques: Increasingly highlight how laws affect men and women
• Sec. 14: Guarantees fundamental equality between men and women before the law. differently, especially in areas like sexual consent, marital rights, and domestic
• Laws Supporting Women’s Rights: violence.
o Women in Development and Nation Building Act of 1992
o Anti-Rape Law of 1997 II. Foucault on "Othering" and Social Exclusion:
o Magna Carta of Women (2009)
o Responsible Parenthood and Reproductive Health Act of 2012 (Controversial 1. The Concept of "Othering"
in the context of reproductive health and rights).
Foucault's Critique of Power: Foucault discusses how each generation produces
Feminist Legal Critique
"truths" about who should be excluded or categorized as "other." These "others"
• The Woman Question: Explores how laws affect men and women differently, are deemed abnormal and are excluded from mainstream society, often due to their
particularly in issues like consent, harassment, rape, and domestic violence. non-conformity.
• Examples:
o For men, sex may be consensual; for women, it could be harassment or date Power Dynamics: According to Foucault, power is not just centralized in the state
rape. but diffused throughout institutions and individuals, contributing to the
o For men, impregnation is a prerogative; for women, it’s a decision.
o For men, pornography is entertainment; for women, it can be harmful. classification of people into categories like "insane," "criminal," or "perverted."

Feminist Methods of Legal Critique Questioning Classification: Foucault challenges the idea of categorizing human
beings into rigid classifications, arguing that these classifications are not absolute.
1. Consciousness Raising Society’s standards of normality are ever-shifting, and classification often
marginalizes those excluded.
 Changing Definitions: Foucault highlights that psychiatry’s definitions of mental
illness are not fixed and evolve over time, questioning the legitimacy of such
2. The Medical Gaze and Power classifications. Madness, once viewed as a natural or situational aspect of
humanity, became medicalized and institutionalized.
Medical Power: Foucault critiques how doctors and psychologists exercise
control over individuals through the "medical gaze," which involves examining 5. Sexuality and the Invention of "Homosexuality"
and diagnosing a person, often turning them into a case. This creates a power
dynamic where individuals depend on these professionals for validation and Historical View of Sexuality: Foucault traces the development of modern sexual
treatment. identity categories, arguing that terms like "homosexual" and "heterosexual" were
invented during the Enlightenment. Before this, sexual acts were criminalized but
Social Impact: In the legal context, this can be seen in how judges sometimes rely not used to define a person’s identity.
heavily on expert testimonies, such as from psychologists, to make decisions about
a person's sanity or fitness, which could undermine the autonomy of the legal Critique of Sexual Identity: Foucault critiques the modern obsession with sexual
system. identity, arguing that categorizing people as "gay" or "straight" is a socially
constructed limitation that overlooks the fluidity of human sexuality. He also
3. The Role of Prisons in Creating Criminals rejected the idea of "bisexuality," which he saw as reinforcing the binary
opposition between heterosexuality and homosexuality.
The Prison System: In "The Birth of the Prison," Foucault explains how modern
criminal justice has evolved from brutal punishment to incarceration. The prison 6. The Deconstruction of Sex and Intimacy
system doesn’t rehabilitate; instead, it produces more skilled criminals by
normalizing criminal behavior in institutional settings. Beyond Sexual Norms: Foucault suggests that society’s focus on sexual pleasure
as the ultimate form of happiness is limiting. He advocates for the value of non-
Prison Culture: The prison system often marginalizes the incarcerated, many of sexual forms of intimacy, such as friendship, which have been undervalued in
whom come from disadvantaged backgrounds. The constant surveillance and contemporary society.
dehumanizing conditions perpetuate criminal behavior rather than reform.
Sexuality as Control: Foucault calls for a rethinking of how sexuality dominates
4. Madness and Civilization life and identity, suggesting that a future without the centralization of sex could
lead to new forms of pleasure and relationships.
Psychiatric Institutions: In "Madness and Civilization," Foucault critiques how
psychiatry, originally associated with mysticism, became institutionalized during Implications for Law and Society:
the Enlightenment. What was once seen as a gift (madness) was redefined as a
mental illness, creating a permanent category of "madness." Foucault’s Legal Philosophy: Foucault’s critique of institutional power and
classification has significant implications for the legal system, encouraging us to
question how we define normality and abnormality in legal proceedings. Laws that Key Idea: Humans should not reduce the diversity of nature unless necessary to
depend too heavily on medical or psychological classifications may risk meet vital needs (like food). This view is in opposition to the traditional industrial
reinforcing the power of experts over individuals' lives. mindset of human dominance over nature.

Critique of "Othering" in Law: The process of "othering" can also be seen in 3. Animal Rights and Biocentric Equality
how laws discriminate or marginalize certain groups, such as the mentally ill or
the incarcerated. Foucault warns against accepting legal and medical definitions of Animal Liberation: Peter Singer advocates that animals, being sentient beings,
normality without critical reflection. have moral interests, and their rights should be considered in human decision-
making.
Conclusion:
Criticism of Biocentric Equality: Critics argue that extending equal value to
Foucault’s work urges us to reconsider how society classifies and marginalizes animal life can disrupt the natural food chain and ecosystem balance. There is a
individuals. Whether it’s through law, psychiatry, or the prison system, the act of debate about the ethics of protecting animals to the same extent as humans.
labeling and "othering" can perpetuate social inequality. By challenging these
classifications, Foucault calls for a more nuanced understanding of human 4. Patrick Moore’s Critique of Greenpeace
behavior, identity, and the power dynamics that shape them.
Moore, a co-founder of Greenpeace, criticized the organization for focusing on
III. Going Green: Philosophy of Ecology extreme environmental measures unsupported by science. He argues that
technology and "artificial" solutions can be part of the natural order and improve
1. Environmentalism and Law the environment, such as GMOs like golden rice.

Goal: Environmentalism aims to protect the natural world from pollution, 5. Wild Law
destruction, and the harmful effects of industrialization. It seeks to reverse the
Definition: Wild law refers to laws that balance human rights with the rights of
damage done by global warming, species extinction, and environmental neglect.
nature, aiming for a more harmonious coexistence with the environment.
2. Deep Ecology
6. Environmental Justice in International Law
Philosophy: Deep ecology emphasizes harmony with nature and the intrinsic
Following the 1992 Rio Declaration, several principles were developed to promote
value of all living species, suggesting that humans are part of the ecosystem. It
environmental justice globally. These principles include:
argues for limiting human impact on the environment and stresses ecological
consciousness. Common but Differentiated Responsibilities: Developed nations, due to their
historical role in environmental degradation, bear more responsibility for
addressing global environmental issues.
Polluter Pays Principle: The party responsible for pollution should bear the costs IV. ISSUES WITH SPACE LAW
of cleaning it up and preventing further harm.
Ambiguity of "Outer Space": One unresolved issue is the definition of where
Intergenerational Equity: Environmental actions should consider the rights and outer space begins and how space law applies. There’s no clear boundary between
needs of future generations. national airspace and international space.

Precautionary Principle: States should act to prevent environmental harm even if Private Sector Involvement: Space law treaties were designed during the era of
full scientific certainty is not available. state-sponsored space exploration. With private companies now leading space
activities, new regulations and treaties are needed to address commercial
Transboundary Harm: States are responsible for ensuring their activities do not spaceflight.
harm other countries or areas beyond their jurisdiction.
The Future of Space Law
Sustainable Development: Environmental protection must be integrated into
economic development to ensure a healthy, productive life for all, while As private companies like SpaceX and Blue Origin take the lead in space
preserving resources for future generations. exploration, there is a growing need for updated regulations that address
commercial spaceflight, property rights, and liability issues in space.
Technology Transfer: Developed countries should share technology with
developing nations to help them address environmental challenges, particularly In summary, space law governs the exploration, use, and protection of outer space,
those most vulnerable to climate change. emphasizing peaceful cooperation and non-appropriation. However, the law is still
evolving to address new challenges posed by private sector involvement and the
7. Rights of Indigenous Peoples unclear boundaries between national and international space.
Indigenous communities are often disproportionately affected by climate change
V. LEGAL TENDENCIES
and environmental policies. They advocate for more ethical and practical solutions
to protect their land and rights while addressing climate issues. 1. Legal Theory and Society

This summary captures the main ideas, including the ethical, philosophical, and Social Legal Theory: The direction of law reflects the state of society and its
legal aspects of ecology and environmentalism. social relationships. Legal systems evolve based on society’s dynamics and values.

Donald Black’s Five Variables:

Stratification: Refers to inequalities in wealth and social class. Laws tend to be

more punitive for the upper class and more conciliatory among equals.
Morphology: Refers to the degree of social interdependence. Laws are often more Mechanical Solidarity (Durkheim): In homogenous societies, laws are more
xenophobic and accusatory towards immigrants, but more accommodating among punitive, relying on penal law to maintain social order. Examples include harsh
those of the same social group. punishments like capital punishment and torture.

Culture: The degree of conformity in a society. In pluralistic cultures, laws tend to Restitutive Law: In heterogeneous societies, laws aim to reintegrate violators into
be complex and diverse, while in homogeneous cultures, they tend to be more society through rehabilitation and restitution. This form of law focuses on
reclusive and exclusive. amending behavior rather than punishing it.

Organization: Refers to political administration and the centralization of power. Complexity and Legal Solutions: As societies become more specialized and
The more bureaucratized and centralized a government, the more laws tend to complex, law increasingly becomes based on consensual contracts rather than
proliferate. strict legal enforcement. These contracts manage interests, warranties,
responsibilities, and liabilities of various parties.
Social Control: Measures how norms are enforced. The more distant or
indifferent the social control, the more stringent the laws. 4. Influence of Cultural Values on Law

2. Evolution of Legal Systems Laws reflect the values and preferences of society. For example, if a society
idealizes certain races or groups (e.g., preferring marriage between certain racial
Max Weber’s Thought: Pre-industrial societies often had laws based on favors groups), the law might reflect or even perpetuate these biases.
and personalities, leading to double standards. Modern laws are more procedural,
fair, and reasonable. Summary: Legal systems are shaped by the social, cultural, and political
characteristics of society. Over time, as societies grow more complex and diverse,
Herbert Spencer and Social Darwinism: Law evolves through "natural laws move from punitive, repressive forms to more rehabilitative and consensual
selection" and "survival of the fittest." Societies shift from primitive, homogenous structures. Laws ultimately reflect the values and preferences of the society they
(singular) structures to complex, heterogeneous (plural) ones. govern, whether in terms of wealth, class, or race.
Traditional societies are more punitive and regulatory to maintain a single belief
system.

Industrial societies emphasize freedom, peace, consent, and contracts, reducing

government intervention and increasing individual liberty.

3. Types of Legal Systems

CHAPTER XII THE “X” FACTORS OF PHILIPPINE LEGAL Cultural Influence on Law:
PARADIGM
Laws reflect societal values, such as race, religion, and family. These values shape
Legal Theory and Society: everything from marriage laws to the enforcement of social norms.

Social Legal Theory suggests that laws evolve with society, reflecting its values Pre-Hispanic Legal Traditions:
and relationships.
Before Spanish colonization, laws in the Philippines were unwritten, relying on
Donald Black’s Five Variables analyze how different factors like wealth, social customs and traditions. Rizalpointed out that even during pre-Hispanic times,
class, culture, and political organization shape laws. For example, laws are more legal decisions were based on customary law and handled by community elders.
punitive in stratified societies (where wealth divides groups) and more
Under Spanish rule, Rizal acknowledged the introduction of the Spanish Penal
accommodating in egalitarian societies.
Code and Civil Code, which had a lasting influence on Philippine law, despite
Evolution of Legal Systems: opposition from colonial officials and the church.

Max Weber distinguished between pre-industrial societies with laws based on Modern Legal System and Western Influence:
personal relationships and modern systems with more formal, procedural law.
The Philippines adopted Western legal principles, particularly English and Spanish
Herbert Spencer’s Social Darwinism suggests laws evolve through "natural legal systems. While this approach provides stability, it doesn't always align with
selection," where simpler societies have strict laws, while more complex societies Filipino values and customs, causing issues in implementation. Laws often reflect
emphasize individual freedoms and contracts. Western ideas, but they don’t always consider the local culture, which leads to
gaps between law and practice.
Types of Legal Systems:
Filipino Values:
Mechanical Solidarity: In homogenous societies, law is punitive, often harsh, to
maintain social order. Duty vs. Rights: Filipino legal thought emphasizes duties (e.g., in the Kartilya ng
Katipunan) over individual rights, contrasting with Western individualism.
Restitutive Law: In more diverse societies, laws focus on rehabilitation and
reintegration, rather than punishment. Interiority and Customary Law: Filipino norms are often based on personal
morality and traditions, which can be more communal and social than
Legal Complexity: As societies become more complex, law shifts towards individualistic.
consensual contracts and managing social relationships rather than strict
enforcement. Filipino society values family, community, and duty, and these concepts
influence laws and social relationships.
The Filipino Family:

Family is central in Filipino culture, and the Philippine Constitution enshrines

the family as the foundation of the nation. The importance of the family shapes
laws on marriage, inheritance, and social relations, reflecting traditional Filipino
values.

Despite being a Catholic country, the Philippines has strong family ties that impact
laws, including the absence of divorce and other family-related legal matters.

In summary, the evolution of law reflects social, cultural, and historical contexts.
The Philippines, influenced by both Western and indigenous traditions, continues
to wrestle with the integration of foreign legal concepts with its local values,
especially in the family and social duties. Legal reforms should consider this
dynamic to be truly effective and reflective of Filipino society.