1.1 - DEFINITION, ELEMENTS, & SOURCES OF LAW

LAW

A system of rules that is prescribed, recognized, and enforced on a community/nation by a legitimate authority to
regulate the actions of its members,

"Law is defined as a rule of conduct, just and obligatory,
laid down by legitimate authority for common observance
and benefit."

What is LAW as defined by Sanchez Roman

"Law is an ordinance of reason for the common good,
made by him who has care of the community, and promulgated"

What is LAW as defined by St. Thomas Aquinas

Ordinance of Reason

LAW AS DEFINED BY ST. THOMAS AQUINAS

because it must be reasonable or based in reason and not merely in the will of the legislator.

Competent authority

LAW AS DEFINED BY ST. THOMAS AQUINAS

lawmakers; those who are
vested by the people; the government, Senate and
House of Representatives. It is made by the proper
authority who has "care of the community", and not
arbitrarily imposed by outsiders. It is promulgated so
that the law can be known.

Welfare of the people

LAW AS DEFINED BY ST. THOMAS AQUINAS

for the general good of all
Filipino citizens. It is for the common good because the
end or telos of law is the good of the community it
binds, and not merely the good of the lawmaker or a
special interest group.

It is a rule of Conduct

ELEMENTS OF LAW

Law serves as guides of an individual in relation to
his fellowmen and to his community;

Law must be just

ELEMENTS OF LAW

The chapter on human relations is now precisely
embedded in the New Civil Code to obtain
stability of social order.

The law's supreme ideal is the sway and
dominance of justice

It must be obligatory

ELEMENTS OF LAW

If laws are not enforced, the purpose as to which
they are intended to be enforced

Laws must be prescribed by legitimate authority

ELEMENTS OF LAW

If laws are not prescribed by __________________ authority,
the people could not be expected to observe
them. Authority to make laws is gives to those duly
chosen by the sovereign will of the people.

Section 1, Article II of the 1987 Constitution: "...sovereignty resides in the people and all
government authority emanates from them."

Law must be ordained for the common benefit

ELEMENTS OF LAW

Salus Populi Est Suprema Lex: "the welfare of the
people shall be the supreme law"

Laws should be applied not only to a particular
group of citizens. They are supposed to be applied
equally to all citizens regardless of their religion,
political persuasion, and status in life.

The Constitution

SOURCES OF LAW

the fundamental and supreme law of the
land

Legislation

SOURCES OF LAW

vested in the Congress of the Philippines (Senate and House of Representatives)

➢ Martial Law - vested in the President of the
PH - Presidential decrees (force of law) x
letters of instruction.

➢ Batasang Pambansa - headquarters where
decisions are made with the House of Representatives - President continued to make decrees when there is an emergency

➢ People's Revolt 1986 - In accordance with
the will and wishes of the sovereign
Filipinos, 3 branches under the doctrine of
separation of powers are restored - Brought
about a democratic and effective system
that responses to the needs of the people

Jurisprudence

SOURCES OF LAW

refers to the decisions made by the Supreme Court that interpret and apply the laws of the country.

International Treaties and Conventions

SOURCES OF LAW

are formal agreements between countries that govern their behavior and relationships on various issues, such as trade, human rights, the environment, and more. Here's a simple breakdown:

Customs

SOURCES OF LAW

➢ Requirements for a ___________:
a) must be proven factual acciording to the rules of
evidence;

b) must not be contrary to the law;

c) there should be a repetition of acts and these should be uniformly performed;

d) a judicial intention to make a rule of
social conduct, and

e) acknowledged and
approved by society through long and
uninterrupted usage.

Precedent

SOURCES OF LAW

➢ Decisions and principles enunciated by
competent jurisdiction

➢ Guide and authority that should be followed
by all courts equal or of inferior jurisdiction

➢ Can be overruled/reversed by a superior
court

➢ New Civil Code - "Judicial Decisions
applying or interpreting the laws or the
The constitution shall form a part of the legal
system of the Philippines."

Court Decisions

SOURCES OF LAW

➢ Decisions of the court are not laws

➢ Evidence of the meaning x interpretation of
the laws

➢ Stare Decisis - Once a case was decided
one way, another case involving the same
questions and laws should be decided in
the same manner.

1. Constitution
2. National Laws and International Treaties
3. Administrative Issuances to Implement National Law
4. Ordinance by Local Government

STATE THE HIERARCHY OF LAWS

The rule of law

is a principle of governance in which all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated and which are consistent with international human rights norms and standards.