Natural Law and Individual Rights in Philippine Jurisprudence

PUNO, J. Opinion on Dimaano Case

Issue

  • The central question is whether Dimaano can invoke rights against unreasonable search and seizure and the exclusionary rule, considering the absence of a constitution in the aftermath of the 1986 EDSA Revolution.

Ponencia's Position

  • The ponencia suggests the Bill of Rights was inoperative during the interregnum (Feb 26, 1986 - March 24, 1986) and Dimaano cannot claim these rights because the search occurred on March 3, 1986.

Dissenting Opinion

  • The crucial issue is whether Dimaano can invoke these rights under the extraordinary circumstances after the 1986 EDSA Revolution, even without an existing constitution.
  • Nature abhors a vacuum; so does the law. The absence of a constitution does not mean the absence of fundamental rights.

Natural Law and the Right to Revolution

  • The ponencia's extreme reasoning implies a loss of rights to life, liberty, and property during the interregnum, which is unreasonable.
  • The EDSA Revolution, though not provided for in the 1973 Constitution, is justified under natural law as an inherent right of the people when legal methods are inadequate.

Natural Law and Rights Theory

  • Dimaano's right against unreasonable search and seizure and to exclude illegally obtained evidence exists under natural law.
Greek Origins
  • Sophocles' Antigone illustrates that laws of the state must conform to a higher, natural standard.
  • Antigone, defying the king's order, appeals to the immutable, unwritten laws of heaven, which predate and outlive human laws.
  • Aristotle distinguishes between natural justice (universal and having the same force everywhere) and legal justice (specific to a community).
  • Sophocles' Antigone clearly means when she says that the burial of Polyneices was a just act in spite of the prohibition: she means that it was just by nature."
Roman Influence
  • Cicero articulates that true law aligns with nature, is universally applicable, eternal, and enforced by God.
Medieval Period
  • Gratian connects natural law with divine law, found in the Law and the Gospel, emphasizing love of neighbor.
  • Statutes contrary to natural law are considered null and void.
  • William of Auxerre considers reason the criterion of natural law.
Thirteenth Century Shift
  • Natural law becomes understood as the rule of right reason, coinciding with but not derived from biblical law.
St. Thomas Aquinas
  • Aquinas synthesizes classical and Christian foundations, basing his natural law theory on reason and revelation.
  • His view sees the universe governed by a system of law under God’s authority.
  • Law is defined as an ordinance of reason for the common good, made by the community's caretaker, and promulgated.
  • Aquinas identifies four kinds of laws:
    • Eternal law: God's reason and wisdom applied to His creation.
    • Natural law: Human participation in the eternal law through reason, inclining toward right action.
    • Human law: Specific regulations derived from natural law, considering society's circumstances.
    • Divine law: Given by God (Old and New Testaments), necessary for directing humans to eternal happiness, judging interior motives, and forbidding all evils.
  • First self-evident principle of natural law: good is to be pursued and done, and evil is to be avoided
  • Basic inclinations of man:
    1. To seek the good, including his highest good, which is eternal happiness with God. ($sup27)(\$sup 27)
    2. To preserve himself in existence.
    3. To preserve the species - that is, to unite sexually.
    4. To live in community with other men.
    5. To use his intellect and will - that is, to know the truth and to make his own decision.