Art.

7 REPEAL OF LAWS (EXPRESS/IMPLIED)

AFFIDAVIT FORMAT Laws are repealed only by subsequent ones, and their
Republic of the Philippines ) violation or non-observance shall not be excused by
Province of Cebu ) s.s. disuse, or custom or practice to the contrary.
When the courts declare a law to be inconsistent with
AFFIDAVIT the Constitution, the former shall be void and latter shall
be govern.
I, NAME, Filipino citizen, of legal age, single,
Administrative or executive acts, orders and regulations
and a resident of _____________, Cebu City,
Philippines, after having been duly sworn in accordance shall be valid only when they are not contrary to the laws
with law, hereby depose and say: or the Constitution.

That…. Art. 8 JUDICIAL DECISIONS ARE NOT LAWS

That… Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the
AFFIANT FURTHER SAYETH NAUGHT
Philippines.
IN WITNESS WHEREOF, I have hereunto set
my hand this __day of ___ in Cebu City, Philippines. Art. 9 SILENCE OF LAW
________ No judge or court shall decline to render judgment by
AFFIANT reason of the silence, obscurity or insufficiency of the
laws.
SUBSCRIBED AND SWORN before me this…day of…..
By….who exhibited to me…on the…day of….at Cebu Art. 10 ESSENCE OF EQUITY
City In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body intended
CIVIL CODE OF THE PHILIPPINES
right and justice to prevail.

Art. 1 – TITLE OF THE CODE Art. 11 CUSTOMS

This Act shall be known as the “Civil Code of the Customs which are contrary to law, public order or
Philippines” public policy shall not be countenanced.

Art. 2 – PUBLICATION AS INDISPENSABLE REQ. Art. 12 MUST BE PROVEN AS FACT

Laws shall take effect after 15 days following the A custom must be proved as a fact, according to the
completion of their publication either in the Official rules of evidence
Gazette, or in a newspaper of general circulation in the
Art. 13 COMPUTATION OF PERIOD
Philippines, unless it is otherwise provided
When the laws speak of years, months, day or nights, it
Art. 3 – IGNORANCE OF LAW shall be understood that years are 365 days each;
Ignorance of the law excuses no one from compliance months, of 30 days; days, of 24 hours; and nights, from
therewith (Ignorantia legis non excusat) sunset to sunrise.
If months are designated by their name, they shall be
Art. 4 – NO RETROACTIVE EFFECT computed by the number of days which they respectively
Laws shall have no retroactive effect unless the contrary have.
is provided In computing a period, the first day shall be excluded,
and the last day included.
Art. 5 – MANDATORY/PROHIBITORY LAWS
Acts executed against the provisions of mandatory or Art. 14 THEORIES OF TERRITORIALITY
prohibitory laws shall be void, except when the law itself Penal laws and those of public security and safety shall
authorizes their validity be obligatory upon all who live or sojourn in Philippine
Art. 6 – WAIVER OF RIGHTS territory, subject to the principles of public international
Rights may be waived, unless the waiver is contrary to law and to treaty stipulations
law, public order, public policy, morals, or good customs
or prejudicial to a 3rd person with a right recognized by Art. 15 NATIONALITY THEORY
law. Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon
citizens of the Philippines even though living abroad
LAW - used by political authority as means of achieving goal
 Comprehensive sense – rule of action/norm of for promoting social justice and common good
conduct applicable to all objects of creation - “law is an ordinance of reason for the common good,
 Specific sense – rule of conduct, just, obligatory, made by him who has a care for the community and
promulgated by legitimate authority, and of promulgated” – St. Thomas Aquinas
common observance & benefit (RJOPC)
3. Positivist/ Analytical View
- examination and analysis of the legal system, its
LAW, MORALS, AND CUSTOMS
process and objectives
 Morals – social conscience (collective sense of
- laws must be examined to determine whether in their
right and wrong in the community) ; what is
enforcement they would promote the greatest happiness
moral may not be legally be demanded
of the greatest number of people in society (Greatest
 Customs – habitually done in the community ;
Happiness Principle)
far less imperative for they do not normally imply
- Law is a sovereign command from superior to inferior
ethical evaluations ; there is a need to translate
enforced upon those under his authority and jurisdiction,
customs into laws; definition- rule of conduct
and imposing penalties and sanctions to those people
formed by repetition of acts
who do not obey (view by John Austin)
- element of power and authority of the law rather than
LAW AND ITS CONCEPTS (RJOPC)
its rightness
 Rule of Conduct – mandates what is right and
prohibits what is wrong; serves as a guide to 4. Functional View
right conduct of people; form of social control; - emphasis on what the law does and how it functions
method of regulating human conduct - importance of functions of judicial system
 Just – enacted in accordance with reason, - law as a result of what the judiciary or an administrative
applies equally to all institution does to balance competing interests in the
 Obligatory – inherent in law; no one is above the society
law - “social engineering” – law should be treated as social
 Enacted/Promulgated by Legitimate Authority – mechanism for the engineering and adjustment of
for people to be aware of existence of law and conflicting interests
for it to become binding, must be enacted by
legitimate authority 5. Realist View
 Common Good – end of law is for common - whether or not the law is verifiable in the practical life of
good; not only seeks to attain individual wants the people
and needs but seeks to attain collective wants - in inquiring what the law is all about, one must seek to
and needs define law as the prediction of what legal officials do
(Oliver Wendell Holmes Jr.)
NATURE OF LAW - law is individual’s decision and not a system of general
 Jurisprudence – science of law rules and principles as there can be no certainty of a
 Schools of thought are more or less similar in judge’s decisions
idea that application of the law should be
uniform 5. Policy Science View
- law in the context of the basis and limits of effective
Various Schools of Thought (Justice Pascual) global, regional and national legal orders in relations to
(MaReFHT-PoPo) social values
- law is a vital instrument for ordering conduct through
1. Historical View the formation, clarification and realization of the social
- origin of law and its growth and development values where the patterns of authority are conjoined with
- law should be related to social environment in which it the patterns of control
has developed; direct relationship with the life or national
6. Marxist-Leninist View
development of the people
- “what does the law protect?”
- law constitutes soul or spirit of the people (volkgeist)
- socioclass regulator that it protects the states and
capitalists
2. Teleological View
- superstructure reflecting the economic organization of
- created on principles of right and good
society
- law is always right
 - Laws of physical science; maintains that there is
CLASSIFICATION AND SOURCES OF LAW uniformity of action or order of sequence in
nature
GENERAL CLASSIFICATION - Example: laws of gravitation

1. JURAL LAW AQUINAS CLASSIFICATION

 Man-made and positive law  4-fold classification: eternal, natural, divine,
 3 distinct senses: particular, collective, abstract human (HEND)
(PAC) Human
- Determination of certain matters arrived at
Particular through use of reason from the general precepts
- Statutes (enactments of legislative branch of of the natural law
gov’t) Eternal
- Rules, regulations and opinions of government - God’s plan for the universe
instrumentalities and agencies on matters and Natural
issues within their authority and concern - Part of eternal law in which humans participate
Collective by their reason
- Bulk of specific or particular laws relating to one Divine
subject matter; or when it relates to laws - God’s direct revelation to humankind through
obtaining in a given society scriptures
- Example: penal law
Abstract TRADITIONAL CLASSIFICATION
- Mentioned without reference to a definite article  Public and private law
preceding it  Refer to substance of rights and obligations, are
- Preceded by the definite article called substantive law

2. NONJURAL LAW 1. PUBLIC LAW

 Universal and basically makes reference to a - Concerns the government
higher being - Rights and obligations of a citizen and its gov’t,
 4 kinds: natural, divine, moral, physical (NDMP) and relationship among nations
- 4 types: Constitutional, International, Criminal,
Natural Administrative (CICA)
- Ultimate source of every law 1. Constitutional - defines powers of the
- System of rules prescribed by divine inspiration gov’t and the rights of its people
to all men, not by any formal promulgation 2. Intermational – concerned with
- “True law is right reason in accord with nature; it relationship among nations, international
is of universal application, unchanging and trade and disputes including war and its
everlasting”- Marcus Tullius Cicero conduct
Divine 3. Criminal – defines offenses that cause
- Rule governing things as it exists in God the harm upon society as well as penalties
ruler of the univers for its commission
- Law of religious faith; concept of sin 4. Administrative – issuances and
- Example: Canon Law (law of medieval Roman regulations of a department under the
Catholic Church) executive branch of government
Moral
- Set of rules which establishes right and wrong
- Collective consciousness and public sense of
right and wrong of the people
- Means, objective and act must always be good
(MOA)
Physical
- Universal rule of action governing the conduct
and movement of things which are non-free and
material
2. PRIVATE LAW HOW LAWS ARE CHANGED
- Rights and obligations of individuals with other  Laws must be attuned to the times
persons and entities and claims (instances of  Manner of changing laws: court decision,
injury upon person, property, reputation and legislation, administrative action and by direct
breach of obligation) action of the people (CLAD)
- 6 types: Family, Inheritance, Corporation,
Property, Tort, Contract & Business (FICPT-CB) By Court Decision
1. Family – define relationships - Decisions of judges of lower courts are subject
between spouses, parents & through review by higher court
children, marriage, annulment & - If interpretation of law by court is not to liking of
legal separation government, legislative body may change the
2. Inheritance – governs the transfer of law
property upon death of owner By Legislation
3. Corporation – establishment and - Legislature pass laws: has the power to amend,
operation of companies registered repeal, pass a new law on same subject
under SEC; defines rights & By Administrative Action
obligations of stockholders, board of - Government departments issue rules and
directors & officers regulations which can be subject to amendment,
4. Property – ownership and use of repeal or replacement
real or personal property; governs By Direct Action of the People
disposal, lease and encumbrances - Government allows the people to directly
of property participate in the law-making process through
5. Tort – generally unintentional; mechanisms such as referendum, plebiscite and
obligation that arises due to an initiative
action of a person who causes injury
or wrong upon another PROFESSION IN GENERAL
6. Contract & Business – rights and
obligations of individuals/entities  DEFINITION
that enter into contracts such as - “group of men pursuing a learned art, in the
partnership, insurance, negotiable spirit of public service” – Dean Roscoe Pound
instruments (contract- considered - Primary purpose: serving the public and gaining
law between parties) profit is incidental
- Restrictive sense: profession often refers to
SOURCES OF LAW (JLCC) fields of specialized knowledge

 Constitution and Administrative Rules  DUTY TO PROFESSION

- Constitution: defines form of government; functions of - All true professional men recognize that they
diff. branches and reflects beliefs of people owe a duty to their profession. They have the
- Admin Rules: issuances of specific offices of responsibility to improve through continuing
government for effective implementation of statutes education and research for the improvement of
mankind and betterment of society.
 Legislative Statutes - Code of ethics
- laws are generally passed by an assembly - He must make available his service to those
(Congress/Parliament- members are elected by citizens) needing said service but can ill-afford it
 Judicial Precedents
 PROFESSION AND MORAL FOUNDATION
- decisions of the courts on matters raised for
- Profession should necessarily adjust to
adjudication can be a source of law
changing times so as to keep up with pressures
- SC decides on constitutionality of statute, promulgates
of globalization
final judgment on questions of law
- Adapt to modernity, integration of values & work
 Customary Practices ethics that give one capacity to perform
- accepted norms of community of people based on honorably
customs & traditions - Mission of profession: common good of society
HISTORY OF LEGAL PROFESSION - Owe a fiduciary obligation to society in general
- What is needed is not greater quantity, but a fine and to governmental processes
quality, of professionals who have a sincere - Be thoroughly aware of particular issues at
understanding of the high requirements of the various government levels; make wise decisions
legal profession regarding these issues
- In Cayetano Vs. Monsod, practice of law means - Duty of a professional man is to form an
any activity in or out of court which requires the objective opinion on public issues; to influence
application law, legal procedure, knowledge, the opinions and actions of others
training and experience.
PROFESSION VS CALLING
Most Prestigious Profession
- Yale Law Approach: lawyer is looked up to by PROFESSION CALLING
his community for his ability to identify the goal Definition Pursuit of a Can be mastered
values of society, suggest solutions to problems learned art of without training &
of society, and he is a natural leader in the mastery which intellectual ability
requires training & would not be a
community.
superior profession
- Moral character: vital requisite in the admission intellectual ability
to the profession Services Vital to society, Not of social
generally significance but it
Public Responsibilities of the Learned Professions recognized to be fulfills important
- Training is necessary to admission to a learned so social need yet
professions and these are based on an not be a
profession
intellectual technique
Compensation Services are
- Organization; has a broader function and offered to clients
through their association must set up code of who employ them
ethics (exist primarily for advancement) usually with fee on
- Numbers are dedicated to a spirit of public competitive, for-
service hire basis
- Relationship to: clientele, his profession, public Relationship Personal
Responsibility Public interest
in general
best be served
In relationship to clientele
- Relationship of trust and confidence
- Usually contractual
- Must be frank and open in his dealings with
client, cannot have interests of his own
(involving conflict of interests), must not make
any personal gain through any improper interest
In relationship to his profession
- Improve administration of justice, better
procedural rules and substantive rules, find
means to eliminate delay in court, find better
means of selecting judges, of improving
legislative process
- Duty to engage in research, write articles and
treatise. Promote continuing professional
education.
- Duty to know and comply with codes of ethics
- Provide services to the poor without insisting on
a fee
In relationship to society
- Duty to supply intelligent, unselfish leadership to
the forming of public opinion and determination
of important issues.