Philisophy of Law 2 Prosecutor Bernard Almeda

Jordan B. Batara Professor

Student

NATURAL LAW its Place and Function in the Legal Order

3. Regulatory Use – it is the power to control and restrict a particular activity enforced
only by indefinite authority for there are no courts in which it is administered.

Where it came from?

 The regulatory use of natural law is rooted in the ancient maxim “lex injusta non est
lex” meaning “An unjust LAw is no Law at all” from the Dicta of Cicero and Thomas
Aquinas.

Cicero - Advocated the idea that a piece of legislation would be free from protest only
if it were enacted “Naturally”.

Thomas Aquinas- posited the idea that “every law enacted by the legislature enjoys the
character of the law”

 This two philosophers believed in the Natural Law Theory thus a statute
or regulation is null and void when it is contrary to the SUPRAPOSITIVE
LAW even when it is not inconsistent with the SUPERPOSITIVE norms of
the Constitution.

Two Grounds / Arguments of the regulatory use of Natural Law (advanced by those who favor
Natural Law)

1. No statute can violate precepts of the Natural Law without producing an adverse
reaction from the people.
Classic authorities Cited
1.Galvin’s Case
2.Bonham’s Case All 3 Cases manifest the
3.Savage’s Case regulatory use and power
Germany – there is no other country thanofGERMANY
Natural Law
that has the regulatory use of Natural Law been
more prounounced.

2. Courts can hold Statutes and Regulations null and void even when they are not contrary to the
Constitution.

e.g. 2 cases in the Philippines that of some significance in the regulatory use of Natural Law.
Philisophy of Law 2 Prosecutor Bernard Almeda
Jordan B. Batara Professor

Student

1. Rutter vs Esteban
2.Luna vs IntermediatemAppellate Court

4. Interpretative Use – equally similar to the rule of statutory interpretation thata thing
which is within the intention of the makers of a statute is as much as within the statute as if it
were with in the letter.

Example: Suppose that a statute was passed granting compensation to any parent or child who
at the time of an employees injury is dependent on the earnings such employee.

Implicitly It was no doubt the intention or purpose of the legislature in enacting such a statute
to lessen as much and as quickly as impossible the impact and hardship of the death of or
injury to the breadwinner
Philisophy of Law 2 Prosecutor Bernard Almeda
Jordan B. Batara Professor

Student