Phenomenology of Law

In the society we dwell in, law is one of the systems that puts order and regulates our
behaviors as humans. A textbook definition would say that the law is “the mass of obligatory rules
established for the purpose of governing the relations of persons in society.”1

It is a set of rules that provide guidelines on what can and we can’t do as we remain to exist
in our daily lives, or a consequence may ensue if we fail to comply. In this sense, the law is
classified into three kinds, namely (1) mandatory, (2) prohibitory, and (3) permissive. It is
mandatory when “it commands that something be done; it is prohibitory when “it commands
something should not be done,” and it is permissive when “it commands that what it permits to be
done should be tolerated or respected.”2

In a metaphorical sense, law is inevitably around us. It is like the air we breathe. It is unseen
and necessary. Law is also like gravity pulling us to the ground, for us to remain grounded. It has
to serve its purpose or we stumble or float in the air.

Law is still regarded as “a product of social life, and is a creation of human nature. It was
intended by man to serve man. It regulates the relations of human beings so that harmony be
maintained in the social group, by placing restrictions on individual liberty in order to make co-
existence possible.”3 As a product of social life and a creation of human nature, law can affect us
in varying degrees in our own little personal spheres. We experience law differently from others.

This group believes that no two persons will face an absolutely identical experience with
law although its effects are set to be uniformly binding for all citizens. Its application will be
employed distinctly because the cases of each person is unique in one way or another.

It affects each person in varying degrees in our own little personal spheres called life. We
experience law differently from others. We believe that we have no identical experience with law.
Each experience is peculiar from that of another person. Though experience may be similar
especially with the Doctrine of Stare Decisis. The doctrine means “that for the sake of certainty, a
conclusion reached in one case should be applied to those that follow if the facts are substantially
the same, even though the parties may be different.”4

This paper is an attempt to put up a collage of our own experiences on how law governed
each one of us, how we experienced, perceived, or even upheld laws in our own little ways.

1
ARTURO M. TOLENTINO, CIVIL CODE OF THE PHILIPPINES: COMMENTARIES AND JURISPRUDENCE VOL.
I 1 (1990).
2
Id. at 4.
3
Id. at 2.
4
Republic v. Rosario, 782 SCRA 271, 286 (2016) (citing Commissioner of Internal Revenue v. The
Insular Life Assurance Co., Ltd.).

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 At the end of this article, we hope to present a mosaic of the law, its definition, its necessity
in our lives and how it relates to justice. in varying colors and depths.

Profile of Authors

We are a team of five law students, coming from varying backgrounds. Majority of us are
millennials born between 1980 and 2000 and one member from Generation X or those born
between mid-1960s and early 1980s.5 We are Tany, Mich, Alex, Sef, and Nikko.

Tany. He is a 47-year-old pastor for 17 years and a graduate of Bachelor of Science in

Agricultural Chemistry and Bachelor of Theology. He is also a Bible College teacher for four
years. He aims to share his insights on the relationship of laws and God, using a Christian
perspective.

Mich. She is a licensed civil engineer for five years and has worked in both with the
government and private companies. She experienced the necessity of law when she was personally
aggrieved.

Alex. She is a Training and Organizational Practitioner for 8 years. She finished her
Bachelor of Science in Legal Management in San Beda College. She seeks to give “justice
delayed, justice denied” a different perception.

Sef. He is a former researcher and producer for one of the biggest broadcast networks in
the Philippines. He is a graduate of Bachelor of Arts in Broadcast Communication from the
University of the Philippines Diliman. As a former media practitioner, he aims to contribute by
imparting his experience when their association in the company fought for labor rights.

Nikko. He is a Certified Public Accountant, acquiring his degrees of Bachelor of Science

in Accountancy and Bachelor of Science in Auditing Technology from the Far Eastern University.
He is a resident Auditor of the Commission on Audit. His experience was helpful to provide
comprehensions on how laws, when given to people in authority, can be manipulated in their
interests.

With these differing backgrounds, experience, personal history, and upbringing, we

venture to give law a meaning in the most personal way but applying academic theories we have
so far learned.

5
Harry Wallop, Gen Z, Gen Y, baby boomers – a guide to the generations, TELEGRAPH, July 31, 2014,
available at https://www.telegraph.co.uk/news/features/11002767/Gen-Z-Gen-Y-baby-boomers-a-guide-
to-the-generations.html (last accessed October 21, 2019).

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 I. Mich: Does a Person Need to Suffer for Laws to be Provided?

Does a person need to suffer first before laws are provided to address such need or danger?
This is my question after experiencing an accident.

My usual routine of going to work would be waking up at 6:00 am in the morning to leave
the house, then I would walk a few blocks en route the jeep station to ride a jeep to the Ayala
Malls. I would cross the overpass pedestrian bridge to ride another bus to BGC.

One ordinary morning, while in my usual routine, I was in a jeep waiting to alight at my
usual stop at Ayala Malls. During the trip, the driver suddenly followed a different route, not
having the courtesy of asking us, his last two passengers, for our consent. Afraid of getting late
from work, I shouted to the jeepney driver “para na po!” to which he immediately stopped.

As I was about to alight the jeepney, suddenly everything turned pitch black.

When I returned to my senses, I was crying out of the intense pain. I grievously asked God
to take away the horrible pain I got from what happened. I woke up in an emergency room of a
hospital. I was shocked and confused about what was happening.

The doctor immediately asked me, “Naalala mo ba nangyari?” I did know the answer so
I did not reply.

I looked at the part where I was feeling the throbbing pain and was stunned to see my left
ankle twisted. I gazed at my hands and they were full of blood. I was totally traumatized. I can
hardly move or speak. It felt like my energy was sapped away.

Few minutes later, my cousin came, who happen to be working in the same hospital, and
explained everything. I was informed that I was hit by an SUV and was hurriedly brought to the
hospital by a good Samaritan and the very same person who hit me.

I had to undergo an operation. The doctors placed metal implants on my ankle, which was
broken due to the said accident.

My father wanted to sue the driver who caused me so much pain but we later discovered
that the one who should be held liable was the jeepney driver who made us to alight in the middle
of the street where there were no sidewalks nor station.

After few reconsiderations, we then decided not to sue the driver and just get a copy of the
police report, which we didn’t see any use to resolve the case, but was kept for security purposes
just in case the driver fails to comply with the agreement.

After the operation I was confined in the hospital for another five days. There I celebrated
my birthday while being bleary because of the pain reliever. When I was allowed to go home, I
was crying and I found myself in a very deplorable situation – unable to walk and afraid that things
might not go back to how things were. It took me five long months to recover, the healing enabled
me to walk again without the aid of crutches.

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 After fully recovering I went back to the site of accident and was astonished to see that that
intersection has been painted with pedestrian lanes.

But then I thought to myself, did it really have to happen that I get to be involved in an
accident, in the risk of losing my life before law-making body or enforcing authorities take action
for everyone’s benefit?

II. Nikko: People in Authority May Be Tempted to Manipulate Law to Their Interest

Bannister et al. (2015) define Rule of Law as “the rule by law not by men.”

Entering the field of government not only encompasses the honor to serve the nation and
the privilege to support its policies and regulations in aiding continuous improvement, but also
entails something beyond the surface of public service. Thus, I consider it as a battlefield where I
have to fully equip myself in an unknown realm where I am there not just to serve but also to
survive.

Being a neophyte in this so-called battlefield, I was able to discharge my functions in

finding better ways and solutions to address the increasing demands of the public and to serve my
purpose as a public servant. However, as I get too familiar with the office’s norms and routines, I
saw a huge flaw in the system and governance.

Unfortunately, beyond the surface of public service, there happens discreditable acts such
as graft and corruption, which has eventually become impossible to extricate. Looking at this on
a wider scale, these corruptions, whether big or small, affect the masses in all possible ways, as
they should be the primary beneficiaries of the government funds. Resources are being secretly
looted and are not fully utilized for the purposes which they are intended.

This happened when I was assigned to do an out-of-town inspection of road projects in

some areas in Visayas. During that time, I and my immediate Head were assigned to conduct an
ocular inspection, to validate the actual ongoing construction projects, and to check the status of
those projects whether they were compliant with their submitted reports. Nonetheless, we were
expected to submit reports regarding the results of our validation. I knew right there and then that
we would find various deficiencies and non-compliance in the said project. That’s when the
contractor made a surreptitious offer or what they call as “small gifts”, to my Immediate Head.
What struck me the most is when my Immediate Head accepted the “gift” and justify that this
would not violate any of our duties and that, this is a norm in our system. This is what I considered
as lost battle which I was left with no option but to see firsthand injustices in our system. This
made me realize that it’s hard to survive in this battle where I don’t know who my true allies and
who my adversaries are.

To sum it up, the issue with my experience is not when the contractor made an offer, but
when higher authorities abuse their powers in order to gain for themselves. They should
supposedly be the image of integrity and influence their subordinates to be that image too.

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 That’s the reason why we need laws. Laws set standardized policies, provisions and
implementations which people should follow, not circumvent. These laws prevent people to obtain
greater power and authority and eventually misuse it for their own gains. As such, laws are for the
common good of people and not for the sole benefit of one man.

Apparently, even if we already have laws, government lacks the ‘iron hand’
implementation of these, which because of these gaps, people who are in the position tend to abuse
the power that has vested on them. These people have been able to circumvent the law as they are
too familiar with the system.

Having experienced this, it opened my mind to possibilities on how people try to maneuver
the law. If we allow ourselves to become part of the system, we will soon become the system itself.
And sometimes, losing small battles are okay in order for us to win greater wars, but it is also
significant when to know that war is already at hand. It is the time when you have to act and be an
advocate of justice.

III. Sef: We Have to Assert the Rights Due Us

Laws are passive in nature. Sometimes, we have to take necessary actions to assert our
rights. And to let our voices be heard. These things were what I have realized when I experienced
firsthand seeking the law for justice.

About five years ago, I was a young researcher-producer for one of the leading television
companies in the Philippines. My daily job was to generate contents, pitch stories, and write news
stories for the daily consumption of the audience.

The work I did with the media was definitely a life-changing job. It taught me numerous
lessons that developed me professionally, technically, and even personally. These lessons have
become a part of who I am now. But along the way, one is pressed to learn even more through
experiences which you won’t forget. Sometimes, you don’t even know that it be part of something
greater.

Common practice in these media companies is the employment contractual workers called
talents, which they would regularly renew every six, ten, or twelve months. Some contracts would
even be continuing up until 10-12 years and yet, they are not regularized.

I was also among the 101 media practitioners who asserted our rights as laborers and filed
a case against the company for failing to make us regular employees. Our colleagues who didn’t
bother to join us would even say, “do not bite the hands that feed you.” But we we’re just asking
for what is due us.

I vividly remember one of the bosses saying, “you’re generation is an entitled

generation.”

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 And I dare to ask myself, is it really wrong to ask for what is already should have been
given to us by the law?

We pushed through with the case. Our case was heard in the National Labor Relations
Commission (NLRC). The NLRC ruled that we are regular employees. Recently, early this year,
the Court of Appeals upheld the NLRC ruling.

Back then, I risked my career. There were dangers of being expelled. But what fueled me
to fight was the future of the industry I learned to love. I wanted to protect the people who have
already given so much, but are not protected. I wanted to shield the future practitioners who will
serve the media. We hoped to change the system. And we did.

IV. Alex: Justice Delayed is Justice Denied

In the world where everything seems to be in a fast pace, our justice system slumbers in its
bed of pending approvals, delayed trials, and overdue justices to be served. I know it, I have seen
it, and I have experienced it personally.

Almost a decade ago, our family decided to file a case against a law practitioner for some
acts that constitute violence against women and children. A very personal case, which would taint
or rather initiate my encounter with law in its rawest form.

The very length of filing the complaint in the Justice Hall took us a few months to be fully
completed and before it was eventually transferred to the proper department to which it will be
raffled to a specific judge for a hearing.

In these two initial steps alone, it took us more than ten trips on separate days to the Justice
Hall to ask for updates on the status of our case. In situations such as ours, where there is limited
supply of funds and connections to help us to fast track our case, we waited for almost a year
before it eventually landed to a judge.

After a few months in that momentous event, we discovered that a warrant arrest was filed
against the respondent of our case by the Court, which constitute an initial victory on our end.
However, that victory was short-lived, as several delays and motion to postpone were granted to
the other party. Those unwarranted delays wasted another year of waiting, hoping and believing
that soon, we will have our justice.

But such did not turned out well for us, for in the midst of our search for what should have
been due us, we were then just advised to just settle amicably given the legal system that currently
runs in the society. For once, it could be the most practical advice we received, for we are already
running out of resources going three years within the case, with very little progress. But, in the
long run, no justice was served for us. Our rights were reduced to a mere practicality, unrealized
and unserved.

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 A sad reality faced by hundreds or even thousands of Juans who still hope for their own
justice to be served, especially those who are already behind bars awaiting, or still hoping that
someday they will truly receive what is due them.

V. Our God and Our Law

In the ancient times, God – the Supreme One – instituted laws towards the people. This is
what the legal community called the divine law. As defined, divine law is “meant that in which
God himself is the legislator who has promulgated the law.”6 It is ordained for the purpose of
having social order and unity among the growing community. Its aim is to foster safety and
sustainability in the life and property of the populace.

God is the author of divine law, As the creator, He instituted law to govern the relationship
between Him and the creature, us, humans. Divine law becomes the basis of both moral and ethical
standard. Divine law has mandated human to do and not to do certain things. Because of these
laws human understand their moral decay and failure, which the Theological fora called Sin. It has
similar connotation to the modern legal term Crime and Omission.

By default, the divine law became the framework in which succeeding laws are ordained.
In the Philippines, for instance, the Preamble categorically implore the aid of the Almighty God to
build a just and humane society. I suppose that it is within this premise that Philippines laws have
to be enacted.7

In a Christian society such as the Philippines, some of the beliefs of the framers and
legislators are incorporated in the laws of the land. They are grounded on what they believe is
morally right or wrong. For example since abortion is believed to be ending the life of an unborn
child and it is tantamount to killing, which by divine law is strictly prohibited, framers included a
safeguard in Article II, Sec. 12 of the 1987 Constitution of the Philippines which states: it is the
duty of the State to “equally protect the life of the mother and the unborn.”8 Although Fr. Joaquin
Bernas would say in his book that we should understand what it does not assert,9 I still believe that
this is some sort of a protection for the rights of the children yet unborn. But there were contentions
that abortion law should be passed for the benefit of mothers or even children. I have yet to see
how our predominantly Christian country take actions on these issues that may affect the religious
sensibilities of the Filipinos.

Nevertheless, the essence of divine law is equality and fairness as such would guarantee
benefits and uplift the lives of the people.

6
TOLENTINO, supra note 1, at 3.
7
PHIL. CONST. PREAMBLE.
8
PHIL. CONST. art. II §12.
9
JOAQUIN G. BERNAS, S.J., THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: A
COMMENTARY 84 (2009 ed.).

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The Laws in Our Lives

With these experiences we have encountered, we agree that laws, as human-made rules,
may have flaws in them. Sometimes, they may contain the smallest to the grandest form of blunder
which may be evident in its text or its implementation. However, our system provides for
safeguards to correct the errors or halt its implementation if it affects vested rights. This is done
through judicial review. But we believe that it is also the task of the citizens to be vigilant on how
the laws may affect us.

Despite the inaccuracies of humans, law is still a necessity. For without which, people
would be governed by the law of nature. The world will be a vast jungle where the strong consumes
the weak. The world will be for the taking. People’s lives may be in danger, just like a missing
pedestrian signage would cause.

Inequalities exist. This problem is what the law intends to solve. Just like divine law,
human laws are founded on the values that would be beneficial for the common good. Our
Constitution, for instance, is instituted on a “regime of truth, justice, freedom, love, equality and
peace.”10 The Philippines also provides provisions on social justice where the ones who have less
in life shall have more in law. The State is made responsible for tilting justice towards the
underprivileged. People mandated by law to serve the people should actually serve the
disadvantaged, not to take advantage of them by manipulating the laws or trying to circumvent
them to advance their vested interests.

We have to learn to speak up when we have to fight for our rights as conferred to us by the
Constitution, the supreme law of the land. We should knock at the doors of lady justice until justice
is served.

Our accounts show that people will experience law differently. And their experience of law
may be good, but most of the time they will be bad. It is indeed the job of the State to defend its
citizens when their rights are being trampled with by injustices.

As future lawyers who we will help in the administration of justice, it will depend in us if
we be consumed by the same system or attempt to institute change that will benefit the greater
good.

10
PHIL. CONST. PREAMBLE.