CE LAWS, ETHICS, AND CONTRACTS

American (Common Law) systems, and Islamic (Shari'a

Law), founded principally in the Qur'an and
Hadith.
COVERAGE:
Characteristics of Law
Chapter 1: Definition, Sources, and History of
Law, as a fundamental aspect of organized society,
Philippine Law.
has several key characteristics that define its role and
function. Here are the primary characteristics of law:

1. Normative: Law provides a set of norms and

standards that govern behavior. These norms
CHAPTER 1 are designed to maintain order, resolve
Definition of Law disputes, and regulate interactions within a
Law, as per the Merriam-Webster Dictionary, is a society.
binding custom or practice of a community, a rule of It is 2. Enforceable: Law is backed by the authority
the whole body of such customs, practices, or rules. The of the state or other governing bodies. It
courts exist to uphold, interpret, and apply the law. includes compliance and address violations.
In defining law, Sanchez Roman made a distinction mechanisms for enforcement, such as police,
between the two senses the term law connotes: the courts, and legal procedures, to ensure
general sense and the specific sense.
3. General: Laws apply generally to all
members of society within their jurisdiction.
In the general sense (derecho), law is defined as
They are designed to be applicable to a wide
the science of moral laws based on the rational nature of
man. These moral laws govern his free activity for the range of situations and individuals, rather
realization of his individual and social ends. They are, by than being tailored to specific cases.
their very nature, demandable and reciprocal. 4. Formal: Law is formalized through written
Morality recognizes that humans, as rational creatures, statutes, regulations, and judicial decisions. It
have free will, and that they have every right to exercise is systematically codified and documented,
this free will to achieve their unique and individual providing clarity and consistency in its
aspirations. This right cannot be infringed and must be application.
respected by other humans. 5. Systematic: Law is organized into a
structured system, including various
In the specific sense (ley), law is defined as a rule
branches such as criminal law, civil law,
of conduct. These rules of conduct are just and obligatory.
administrative law, and constitutional law.
They are promulgated by legitimate authority (typically
by the Legislature). They are of common observance and This organization helps to address different
benefit. aspects of societal governance and legal
Law in the specific sense is the common and popular issues.
definition of law. It refers to the rules established by an 6. Impartial: Law is intended to be impartial and
instrumentality of the State- usually the Congress-that objective, providing a framework for justice
either direct conduct, prohibit conduct, impose rights or that is applied equally to all individuals
duties, or repeal or modify another law. regardless of status or background.
7. Sanctioned: Law includes sanctions or
In the Philippines, its legal system is a mixture of
penalties for non-compliance, ranging from
customary usage, Roman (Civil Law) and Anglo-
fines and imprisonment to civil remedies and

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 CE LAWS, ETHICS, AND CONTRACTS
administrative actions. These sanctions are and administrative procedure (regulations for
designed to deter unlawful behavior and administrative actions).
rectify violations.
8. Protective: Law serves to protect individual As per its subject matter, laws are classified as:
rights and freedoms, ensure public safety, and 1. Public Law
uphold justice. It safeguards citizens against Governs the relationship between individuals
harm and provides mechanisms for resolving and the state, and regulates the functioning of
conflicts and disputes the government.
9. Authoritative: Law is established ad
recognized by legitimate authority, such as Ex. Constitutional law (establishes the
legislative bodies, court, or regulatory framework of government ad rights),
agencies. Its authority is derived from the administrative law (regulates government
governing framework and is essential for its agencies), and criminal law (concerns
acceptance and effectiveness. offenses against the state).
2. Private Law
These characteristics collectively define the nature of Governs relationships between private
law and its role in maintaining order, resolving individuals and entities.
disputes, and ensuring justice within society.
Ex. Contract law (regulates agreement
Classifications of Law between parties), property law (deals with
Laws can be classified based on their purpose and ownership and use of property), ad tort law
subject matter, reflecting their different roles and (addresses civil wrongs and compensation).
areas of application in society.
These classification help organize the vast array of
As per purpose, laws are classified as: legal rules and principles, making it easier to
1. Substantive Law understand their applications and interactions within
Defines the rights and duties of individuals the legal system.
and the relationships between them.
Sources of Philippine Laws
Ex. Criminal Law (defines crimes and The legal framework of the Philippines is shaped by
penalties), Civil Law (addresses private a variety of sources, reflecting its complex history
rights and obligation), and family law and diverse influences. Understanding these sources
(regulates family relationships and is crucial for comprehending how laws are created,
responsibilities). interpreted, and applied in the country.
2. Procedural Law
Provides the methods and processes for The Philippines, with its rich history of colonization,
enforcing substantive laws and conducting has a unique blend of legal influences, primarily from
legal proceedings. Spanish, American, and indigenous traditions. This
has resulted in a multifaceted legal system where
Ex. Rules of civil procedure (guidelines for various sources of law interact and coexist. The
civil litigation), criminal procedure primary sources of law in the Philippines.
(processes for prosecuting criminal offenses),

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 CE LAWS, ETHICS, AND CONTRACTS
1. The Constitution: The cornerstone of the 6. Local Ordinances: Local government units
Philippine legal system is the 1987 (LGUs), such as provinces, cities,
Constitution. It establishes the structure of municipalities, and barangays, have the
the government, delineates the separation of power to enact ordinances that address local
powers among the executive, legislative, and concerns. These local laws must be consistent
judicial branches, and enshrines the with national laws and are an important part
fundamental rights and freedoms of of the legal landscape, addressing issues
individuals. As the supreme law of the land, specific to local communities.
all other laws and governmental actions must 7. Customary Law: In some regions, especially
conform to the Constitution. among indigenous communities, customary
2. Legislation: Laws enacted by the legislative law remains influential. These traditional
branch, known as statutes or Republic Acts, norms and practices, recognized and
are significant sources of law. The legislative respected within their communities, are an
power is vested in the Congress of the integral part of the legal system and are
Philippines, which consists of the Senate and sometimes formally acknowledged by
the House of Representatives. These laws national legislation.
cover a wide range of subjects, from criminal 8. Treaties and International Agreements: The
law to commercial law, and are essential for Philippines, as a member of the international.
the functioning of the state and society. community, enters into treaties and
3. Presidential Issuances: The President of the agreements with other nations. Once ratified
Philippines, as the head of the executive by the Senate, these international instruments
branch, has the authority to issue various become part of the domestic legal system and
types of directives, including executive are implemented accordingly.
orders, administrative orders, and 9. General Principles of Law: The legal system
proclamations. These issuances have the also draws from general principles of law
force of law and are used to implement and recognized worldwide. These principles
enforce statutory laws and policies. serve as a foundation for legal reasoning and
4. Administrative Regulations: Various fill gaps where specific laws may be absent.
executive departments and agencies have the
power to issue rules and regulations to carry The Hierarchy of Laws in The Philippines
out the laws enacted by Congress. These
administrative regulations ensure the The hierarchy of laws in the Philippines establishes
effective administration and enforcement of the order of precedence among various legal sources,
the law and provide detailed guidelines for its ensuring that lower laws conform to higher ones.
implementation.
5. Judicial Decisions: The judiciary, particularly The diverse sources and established hierarchy of
the Supreme Court, plays a crucial role in laws in the Philippines play a critical role in
interpreting the law. Judicial decisions, maintaining a functional, coherent, and just legal
especially those of the Supreme Court, serve system. Each element of this structure serves distinct
as precedents and are binding on lower purposes and contributes to the overall stability and
courts. This system of precedent, or stare adaptability of the legal framework
decisis, ensures consistency and stability in
the application of the law.
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 CE LAWS, ETHICS, AND CONTRACTS
Ensuring Supremacy and Consistency laws, creating precedents that guide future cases.
Constitutional Supremacy: The Constitution, as the This predictability helps individuals and businesses
highest law, guarantees that all governmental actions understand their rights and obligations.
and legislation adhere to fundamental principles and Hierarchy of Laws: Clearly defined hierarchical
protect citizens' rights. It serves as the ultimate structures ensure that lower laws are void if they
standard against which all other laws are measured. contradict higher laws, providing legal certainty and
Consistency and Order: The hierarchy ensures that predictability.
laws are applied consistently across different levels
of governance. Lower laws must conform to higher Promoting Justice and Fairness
laws, preventing conflicts and ensuring a coherent Fundamental Rights: The Constitution safeguards
legal system. fundamental rights, and all laws must protect these
rights. This structure ensures that justice and fairness
Facilitating Governance and Administration are central to the legal system.
Clear Legislative Process: The hierarchy delineates Checks and Balances: The interplay between sources
clear roles for the legislature, executive, and of law and the hierarchy ensures checks and
judiciary, facilitating efficient lawmaking, balances, preventing abuse of power and promoting
implementation, and adjudication processes. accountability.
Effective Implementation: Presidential issuances
and administrative regulations provide necessary Enhancing Flexibility and Adaptability
details and procedures to implement and enforce Diverse Sources: having multiple sources of law
statutes, ensuring that laws are practical and allows the legal system to adapt to various situations
enforceable. and changing societal needs. It ensures that the legal
framework can address complex issues
Addressing Local and Sectoral Needs comprehensively.
Local Ordinances: By allowing local government Dynamic Legal System: the ability to enact new
units to enact ordinances, the system ensures that statutes, issue executive orders, and develop
laws can address specific local issues and needs, administrative regulations ensures that the legal
promoting responsive and decentralized governance. system remains dynamic and responsive to new
Customary Law: Recognizing customary law challenges and opportunities.
respects the traditions and practices of indigenous
communities, fostering social harmony and cultural History of Philippine Law
preservation. Pre-Colonial Period
Barangay (small political unit)- govern by local
Adapting to Global Standards chieftains called Datu.
International Treaties and Agreements: • Compromised of 5-10 barangay units
Integrating international law ensures that the • Selection of leaders (age, inheritance, and
Philippines meets its global obligations and aligns extent of knowledge).
with international standards, fostering cooperation Maragtas Code – issued by Datu Sumakuel of
and enhancing the country's global standing. Panay Island )1200-1212 AD
Penal Code of Kalantiao – issued by Datu Kalantiao
Providing Legal Certainty and Predictability 1433
Judicial Precedents: The decisions of the Supreme
Court and other courts provide interpretations of
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Different Leaders • 12 June 1898: The proclamation of Philippine
Datu: head with extensive power who implemented Independence by Gen. Emilia Aguinaldo in
and made the laws and acted as judge between Cavite el Viejo (present-day Kawit, Cavite).
conflicts.
Elder/Council of Elders: Eldest or group of elders • 15 September 1898: The Revolutionary
among the tribe who served as advisor of the current Congress convened.
Datu and reviewed and agreed to the law
recommended by the Datu. • 10 December 1898: The signing of the Treaty
Umalahokan: announced laws to the people of Paris which ended the Spanish-American
War and transferred control of the Philippines
Implementing their Laws from Spain to the United States for $20
Trials by Datu: the datu serves as judge where elders million. This marked the end of over 300
serve as jury. years of Spanish colonial rule and the
Trials by Ordeal: this is a trial by torture where the beginning of American colonial
accused must endure different torturous activity to be administration, which introduced significant
able to prove innocence. political, social, and economic changes.
Trial by war: this trial is a fight among conflicting
parties until one gives up. American Colonial Period (1898-1946)
The United States acquired the Philippines following
Spanish Colonial Period (1521-1898) the Spanish-American War, bringing about
Discover the Philippine on March 16,1521 by significant changes in the legal system:
Ferdinand Magellan.
Key Developments during this period: • Malolos Constitution: The first republican
• Encomienda System: Implemented in the constitution in Asia (ratified on 21 January
Philippines in 1570 which gave the 1899) which was the fundamental law of the
indigenous people certain rights and First Philippine Republic, also known as the
privileges to protect them from abuses. Malolos Republic, named after the city of
• Laws of the Indies: A compilation of laws Malolos, Bulacan, where the constitutional
issued by the Spanish Crown to govern its convention was held.
colonies, including the Philippines. • Philippine Commission Acts: Laws passed by
• Canon Law: The Roman Catholic Church's the Philippine Commission, which served as
legal system, which had significant influence the legislative body during the early years of
over both civil and ecclesiastical matters. American rule.
• Recopilación de las Leyes de los Reinos de • Spooner Amendment: Passed on March 2,
las Indias: A comprehensive collection of 1901, which was a significant legislative act
laws regulating life in the Spanish colonies. that marked a shift from military to civilian
• Local Ordinances and Royal Decrees: These rule in the Philippines, following the
were implemented to address specific needs Spanish-American War and the Philippine-
and issues within the colony. American War. Introduced by Senator John
Spooner, it declared that the Philippines
would not be annexed as a U.S. state but

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would remain a separate territory under The 1946 Constitution: Adopted upon
American control. independence, largely based on the 1935
• The Philippine Bill of 1902: Also known as Constitution with modifications to reflect the new
the Philippine Organic Act of 1902 which status of the Philippines as an independent nation.
established a more structured civil The 1973 Constitution: Enacted during the martial
government and the Philippine Assembly. law period under President Ferdinand Marcos, this
• The Jones Law (1916): Also known as the constitution centralized power in the executive
Philippine Autonomy Act of 1916 which branch.
provided for the creation of an elected Senate The 1987 Constitution: Drafted following the
and House of Representatives, giving People Power Revolution (EDSA I, 25 February
Filipinos more legislative power. 1986) that ousted Marcos, this constitution restored
• The Jones Law (1916): Also known as the democratic institutions, strengthened civ liberties,
Philippine Autonomy Act of 1916 which and remains the current constitution.
provided for the creation of an elected Senate
and House of Representatives, giving Influence of Various Legal Traditions
Filipinos more legislative power. Spanish Influence: The civil law tradition,
• 1934 Constitutional Convention: Completed codification, and the influence of Roman Catholic
in 08 February 1935 canon law.
• 1935 Constitution: Ratified by the Filipino
people through a national plebiscite (a direct American Influence: The common law tradition,
vote by the electorate on a specific issue or judicial review, and the principles democracy and
piece of legislation) on 14 May 1935. human rights.
• Commonwealth Period (1935-1946): The
1935 Constitution established the Modern Developments
Commonwealth of the Philippines, providing In contemporary times, the Philippine legal system
for a semi-autonomous government and continues to evolve, influenced by both its historic
laying the groundwork for future roots and modern principles of justice and human
independence. rights. The legal framework now includes:
Legislation: Enacted by the bicameral Congress.
Japanese Occupation (1942-1945) Judicial Decisions: Particularly from the Supreme
During World War II, the Philippines was Occupied Court, which interpret and shape the application of
by Japan. The Japanese imposed Martial Law, and a laws.
puppet government was established under President Administrative Regulations: Issued by various
Jose P. Laurel. However, most laws and legal executive departments and agencies.
structures from the commonwealth period
remained in effect. Mala Prohibitum (Evil by Law)- Latin phrase that
translates to "wrong because it is prohibited."
Post-Independence Period (1946-present) Mala In se (Evil by Nature)- refers to a crime that is
After gaining independence on July 4, 1946, the considered wrong in and of itself.
Philippines continued to develop its legal system:
Pro Reo Doctrine- (Latin for "[when] in doubt, rule
for the accused") if the law is silent, rule in favor of
accused
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Equipoise Rule- is the rule which states that when the CANON 2. Civil Engineers shall perform services
evidence of the prosecution and the. defense is so only in areas of their competence.
evenly balanced the appreciation of such evidence CANON 3. Civil Engineers shall issue public
calls for tilting of the scales in favor of. the accused. statements only in an objective and truthful manner.
CANON 4. Civil Engineers shall act in professional
Chapter 2: Manual of Professional Practice for matters for each employer or client as faithful agents
Civil Engineer or trustees, and shall avoid conflicts of interest.
CANON 5. Civil Engineers shall build their
ASCE- American Society of Civil Engineers professional reputation on the merit of their services
RA 544- an act to regulate the practice of Civil and shall not compete unfairly with others.
Engineering in the Philippines CANON 6. Civil Engineers shall act in such a
manner as to uphold and enhance the honor, integrity,
Code of Ethics and dignity of the civil engineering profession.
Ethics form the foundation of professional conduct, CANON 7. Civil Engineers shall continue their
guiding behavior and decision-making in a manner professional development throughout their careers,
that upholds integrity, responsibility, and respect. and shall provide opportunities for the professional
The Code of Ethics is a crucial document that development of those Civil Engineers under their
delineates the principles and standards expected of supervision.
professionals in their practice, ensuring that they act
in a manner that is ethical, fair, and aligned with the *The CANON 8 is about racial Discrimination
values of their profession.
Section 1.3.3 b. Damages
Fundamental Principles Paragraph 2
1. using their knowledge and skill for the the maximum amount of damages payable in respect
enhancement of human welfare and the of liability, whether under the law or contract, or
environment; otherwise, is limited to the amount specified in the
2. being honest and impartial and serving with Specific Provision or, if no such amount or provision
fidelity the public, their is specified, to the lesser of P300,000 of 10% of the
employers/employees and clients; total amount of damages of the portion of the work
3. striving to increase the competence and attributable to the Civil Engineer's breach of duty or
prestige of the civil engineering profession; twenty five percent of the total of fees payable under
and, their Agreement.
4. supporting the professional and technical
societies of their disciplines.

Guidelines to Practice under the Fundamental

Canons of Ethics.
CANON 1. Civil Engineers shall hold paramount the
safety, health and welfare of the public and shall
strive to comply with the principles of sustainable
development in the performance of their professional
duties.

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