1. What is the definition of law in its broadest sense?

Answer:
It is a norm of conduct that rules one action towards all things; it defines the way we will
interact in a society of men and all creation. This includes legislated law, natural law,
spiritual law and others.
Example:       
Legislated Law: A city ordinance prohibiting jay walking, his conduct will be defined by
this legislated law not to cross the street aside from the assigned pedestrian lane.
Natural Law: A man will not jump from the balcony of his house, because natural law
dictates that he will fall.
Spiritual Law:         In Popular Christianity teaches the Law on Tithing, In Malachi 3:10
“Bring the whole tithe into the storehouse, that there may be food in my house. Test me
in this,” says the Lord Almighty, “and see if I will not throw open the floodgates of
heaven and pour out so much blessing that there will not be room enough to store it.”
With these examples our actions are guided, thus, a rule of conduct or norm of action is
established in us, deviations or none compliance we will exact consequences; such as
but not limited to the following:
Example 1 – A fine or community service will be imposed as penalty.
Example 2 – You will incur physical injuries or even physical death.
Example 3 - The protection from calamities and pestilence will be absent in your life.
Aside from these, there are other unwritten laws that controls our conducts, funny it may
sound but it is true, for example the law on superstition.
Example:        When a black cat will cross your way, the law of superstition dictates that
do not anymore proceed to your destiny if you do you will meet an accident. Those who
observe this will control their conduct and will just return home and stay put lest be
injured.
 

2. What is the definition of law in its strict legal sense?

Answer: Law is a rule of conduct, just and obligatory, laid down by legitimate authority
for common observance and benefit. (Sanchez Roman)
Elements:

1. Rule of Conduct – it regulates our actions as an individual interacting as a

member in a society of men. It holds the civil society together, thus none observance
 or any acts of inconformity will be punish. Because the law has an ultimate purpose
and that is to install order in a humane society.

 
2.  The Law must be Just – a law that favors the few to the prejudice of many will not
bind the society together, for it will promote injustice and oppression contrary to its
intention to install stability of the social order.
Art. 10 NCC
In case of doubt in the interpretation or application of laws, it is presumed that the law-
making body intended right and justice to prevail.
 
3. It must be Obligatory – the law will be useless without it being observed, which is why
we have the principles of generality and territorially of enforceability of laws.
 
Art. 3 NCC
Ignorance of the law excuses no one from compliance therewith.
 
4. Laid down by legitimate authority – enforcement of law without authority cannot be
had, it must be recognized has having the power to punish those who will not follow and
respect the laws, that is why only the proper authorities exercising inherent powers of
the state can enact, execute and interpret the laws.
 

1. Laws are for the common good of the populace – laws have its ultimate purpose
and that is for the general welfare of the people. Laws that run contrary to the Latin
Maxim “Salus Populi Est Suprema Lex” “The Welfare of the People is the Supreme
Law”, does not achieve its inherent purpose.

 
Laws which are repugnant to the above guiding maxim when questioned of its
constitutionality have time and again pronounced by the Supreme Court as
unconstitutional.
 
Example: Antonio M. Serrano v. Gallant Maritime Services, Inc., ET AL. G.R. No.
167614
 
Wherein, Sec. 10 of R.A. 8042 was declared unconstitutional for being repugnant to the
Constitutional Provision of Full Protection to Labor under Sec. 3 of Article XIII of the
1987 Philippine Constitution.
 
 

3. What are the Major Classifications of Laws?

Answer:
The following are the major classifications of Laws.

1. Natural Law- is divided into two namely Physical Law – which is universal in its
factuality, like the law of gravity, it is fixed and unrelenting and Moral Law which are
set of rules that defines what is right or wrong and is inherent to all human being
which are considered conscientious creatures.

Therefore, Natural Law applies and enforced to all things seen or unseen universally by
a supreme being.
 
2. Positive Law – is divided into two categories, Divine Law and Public Law these in
general are written laws.
Divine Laws are as follows:
Divine Positive Law – as the word Divine dictates are laws of a Deity, example the
Bible such as the Ten Commandments in the Old Testaments and or the Law of Christ
in Galatians 6:2 states, “Carry each other’s burdens, and in this way you will fulfill the
law of Christ”
Divine Human Positive Law – example of this is the Apostle Creed.
 
Public Laws – are laws which govern the relationship between individuals and
government, which are the following:
Constitutional Law - is the fundamental law of the land, any laws enacted by any
legislative body of the state if runs contrary to the Constitution will be declared as
unconstitutional by the Supreme Court.
Administrative Law -           a body of laws that defines the way which the
governmental function of government must be performed.
International Law- is a body of universally acceptable rules that governs the
relationship of family of nations. (We have customary laws and treaties or agreements.)
Criminal Law – a law that defines crimes treats of its nature and provide for its
punishment.
Tax Law – are laws that provide rules to raise revenues to defray the cost of
governance.
Remedial Law – are rules that control the conduct of litigation and rendition of
resolution of justiciable controversies brought before courts or tribunals.
Civil Law- which is concerned with the private affairs of citizens it can be adversarial
based on a cause of action, or none adversarial in nature, it also deals with the rights,
status and privileges of persons.

4. What are the Sources of Public Law?

Answer:
The sources of Public Laws are as follows:
Legislated Laws – enactment of Congress and other Local Government Units’
legislative bodies as long as any provincial, city and or municipal ordinances must not
be directly repugnant with a national law, likewise a Barangay Ordinance must not be
directly repugnant with a municipal or city ordinance.
Jurisprudence – decisions of the Supreme Court serving as precedent (guide and
authority) in deciding cases brought before the courts of equal or inferior jurisdiction
shall be employed in the resolution of justiciable controversies involving a question of
law, as long as the facts surrounding the present case is similar to the said
jurisprudential case. This is found on the doctrine of stare decisis which literally means
“let it stand” this is recognized in common law countries.  In ours is found in the New
Civil Code Art. 8 states that “Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.”
This are also called Case Law, this as stated in Art. 8 forms part of our legal system in
a way as to be employed to guide the courts in deciding cases, unless otherwise
revisited by the Supreme Court and reverse such decision due to the changing times
and or the inapplicability of such jurisprudence in the present setting.
Customs – are considered to resolve justiciable controversies in the absence of a
positive public law.  The courts has, what is known as Equity Jurisdiction, this is
applicable only in the absence of a positive public law, this includes standing customary
norms recognized, practiced and respected for a long period of time.
But the application and appreciation of Custom must comply with the Civil Code
provisions under Art. 11 and 12 that customs must not be contrary to law, public order
or public policy; it must be proved as a fact according to the rules of evidence.
These are the requisites to appreciate custom as a source of law by our courts:
1. A custom must be proved as a fact according to the rules of evidence; (art. 12,
NCC)
2. Custom must not be contrary to law; (Art. N11, NCC)
3. Uniform application of repeated acts;
4. Custom must be recognized and approved by the society by way of long standing
usage in the community; and
5. Judicial intention of must present to make such custom as a rule of social
conduct.

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No. 3 Third week Aug. 31-Sept.5

Legal Maxims - are establish principle or proposition of law, it helps the court to render
sound judgment.

1. Dura Lex Sed Lex – The law may be harsh but the law is the law, it derived from
the eleventh century Church Law (Canon Law) by Bishop Buchard of Worms, stating
that no none is above the law even those who are in authority and power are
subjected to the law, this is premised to another Latin Maxim “Ignorantia legis non
excusat” which means ignorance of the law excuses no one from compliance
therewith, this can be found also in Article 3 of the NCC, also in consonance with
Article 2 of the RPC namely generality and territoriality principles of our criminal law.

 
No one can question the provisions of a statute; a judge cannot impose a lighter
punishment because he thinks the penalty for such act or commission so harsh a
penalty.  If the death penalty is presently enforced and the proper penalty for a heinous
crime is death, the judge because of his spiritual beliefs or faith do not adhere to death
as a punishment because only God can take away life, the judge cannot imposed
reclusion Perpetua for that matter.
What the Judge can do is stated in the Revised Penal Code under Article 5.
Example of Dura Lex Sed Lex case:
In the case of Revaldo vs. People G.R. 170589 Violation of the Forestry Code under
Sec. 68, in possession of lumber without legal documentation, the value of the lumber is
only P1, 730.52   total of 96.14 board ft. of flat lumber. When the police arrived the
lumber was in plain view and under such doctrine it is admissible in evidence, even if
seized without a warrant.  Motive is without bearing for good faith is not a defense in
violation of Mala Prohibita crimes, the mere violation of the said special law is
susceptible for criminal liability.
The mere possession of forest products without the proper documentation
consummates the crime.  Dura Les Sed Lex, the appealed decision convicting petitioner
for violation of Section 68 (now Section 77) of the Forestry code is affirmed.

1. Ubi lex non distinguit, nec nos distinguere debemus – If the law doesn’t
distinguish, no one should, meaning not subject to differentiation or determination
aside from what is stated in the law.

In the case of Juana Yap Daes, ET AL., vs. WE KO (alias KUA) G.R. No. L-48817 1943
The husband of the petitioner worked for the respondent for some repairs in his house,
the respondent lend carts to Pedro Basa to load some logs and transport it to his house
to be used as materials for the repairs, but the log slipped upon loading it to the cart and
it rolled down pinning Pedro to death. The wife and children filed for damages, their
contention was that Pedro was an employee, but the Court of First Instance of
Zambales disissed the action and on appeal the Court of Appeals held that Basa was
not an employee of the respondent within the purview of Act No. 1874, and dismissed
the case.
The Supreme Court stated that in Act.  1984 uses the term “employee” without any
distinction between occasional or permanent employess. Ubi lex non distinguit, nec
nos distinguere debemus. The Supreme Court ordered that the case be remanded to
the Court of Appeals for the determination of facts which is absent in the records of the
case.

1. Ignorantia legis non excusat – Ignorance of the law excuses no one from
compliance therewith, imbedded in Art. 3 of the NCC, no one can raise the defense
that he don’t know such law exist, because under the law publication is required
before its affectivity, to comply with due process and that is notice through
publication. If such defense of ignorance of the law can be had, then the authorities
will be having a hard time enforcing the laws and chaos will ensue.

In A.C. No. 6295 Josepfina B. Fajardo vs. Atty. Danilo Dela Torre, in this administrative
case for disbarment against the respondent lawyer stemmed out from the dismissal of a
civil case of the complainant handled by the respondent in the Court of Appeals,
because the filling of the appeal shows insufficient payment of the docket fees and
failure to attached the certified true copy of the assailed decision. The respondent
attorney was charge of gross ignorance of the law and negligence in the performance of
profession. He was suspended for one year from the practice of law. For it is required
by the rules that in filing an appeal the proper docket fees must be paid and a certified
true copy of the assailed decision must be attached thereto if not there is no appeal
perfected and it must be dismissed accordingly.

1. Salus populi est suprema lex- The welfare of the people is the supreme law, this
is inconsonance to the long standing definition of what is social justice sited in the
case MAXIMO CALALANG VS A.D. WILLLIAMS ET., G.R. No. 47800 1940
 
“Social Justice is “neither communism, nor despotism, nor atomism, nor anarchy.” But
the humanization of laws and the equalization of social and economic forces by the
State so that justice in its rational and objectively secular conception my at least be
approximated.  Social justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure economic stability of all
the competent elements of society, through the maintenance of a proper economic and
social equilibrium in the interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, extra-constitutionally, through the
exercise of powers underlying the existence of all governments on the time-honored
principle of salus populi est suprema lex.”
In this case the petitioner asked the court to issue a writ of prohibition, to stop the
implementation of an order by the authorities not allowing animal-drawn vehicles in such
roads of Manila in a particular time of the day. But the Supreme Court decided
otherwise that supported by the this latin maxim as stated in the decision “consistent
with the fundamental and paramount objective of the state of promoting the health,
comfort and quiet of all persons, and of bringing about “the greatest good to the greatest
number.”

1. Nulla poena sine lege – there is no crime when there is no law punishing such
act or omission.

There must be law first that defines, treat of its nature and provide for a punishment
before a person be held accountable for its violation, if not it will runs contrary to due
process. Congress cannot approve an ex post facto law which is a law that retroactively
alters the legal consequences of an action that were committed prior to the enactment
of the law.
Example: Prior to the affectivity of the R.A. 9262 (Anti Violence against Women and
Children) an act of none support or economic abuse is just civil case for support and not
criminal in nature as defined by the said special law with penal sanctions.

1. Parens patriae (father of his country) – latin maxim that grants the state inherent
power and authority to protect persons who are legally unable to act on their own
behalf.

Example of the exercise of the doctrine of Parens Patriae is the case of Oposa v.
Factoran G.R. No. 101083 1993, where minors represented their generation and the
generation yet to born, represented by their parents versus Secretary of the DENR in
the person of Fulgencio Factoran Jr. the petition were to cancel all existing Timber
Licensing Agreements (TLA) in the country and cease and desist from receiving,
accepting, processing, renewing, or appraising new TLAs. In this case the Supreme
Court decided to in favor of the petitioner to comply with the constitutional provision
under Section 16, Article II of the 19876 Constitution, “The State shall protect and
advance the right of the people to a balance and healthful ecology in accord with the
rhythm and harmony of nature.” Thus, the Doctrine of Inter-Generational
Responsibility was enunciated.

Naypes Doctrine
Rule 22 of the Rules of Court pertains to the computation of time in the filing of
pleadings in court. 

 The day of the act or event from which the designated period of time begins to
run is to be excluded... Let say you received a complaint and you are given for
example 15 days to file an answer, if you received it for example Sept. 1, 2020
(Tuesday) exclude Tuesday in the counting of days, and include the date of
performance, meaning the last day or the 15th day must be included, which is
September 16, 2020 is the last day to file your answer. (In the counting, everything
is included Saturdays-Sundays and all kinds of legal holidays.) Short Cut - when you
received the complaint or any court issuance that demand response - just add the
allowable number of days from the date you received it and that is the last day to file
your pleading.  (1+15=16)
 If the last day falls on a Saturday or a Sunday or any kind of legal holiday (local
holiday ex. Baguio Day or a national Holiday example Rizal Day) the last day of filing
will be the next working day. If September 16 for example is a Saturday and the
coming Monday is Benguet day and you will file your pleading at La Trinidad Court,
then the last filing day will be on Tuesday, if Tuesday is a working day, because the
running of the period will toll.
 This is not true or the same as  counting of prescription of crimes.  Let say you
committed slight physical injuries the prescriptive period (meaning the time the law
allows you to file a criminal complaint with the prosecutor's office) is 60 days from
the commission of the crime. The counting will be the same, the performance is not
counted (the day the crime was committed) and the last day included in the counting
of the 60 days prescriptive period. if you will file the criminal complaint on the 61st
day the respondent will just raise the issue that the complaint has already prescribed
and the complaint will be dismissed based on prescription. (All crimes has a
prescriptive period - except a complaint for administrative case against a lawyer for
disbarment, because it is sui generis- that is an exception)  In the  counting of
prescriptive period the manner is the same as Rule 22 but the difference is that
WHEN THE LAST DAY FALLS ON A SATURDAY / SUNDAY OR LEGAL HOLIDAY
you must file if the on a working day before the last day the crime would  prescribe, if
it falls on a non-working day.  For example the 60th day falls on a Saturday a non-
working day the running of the prescriptive period will not stop, it will prescribed
where it falls regardless of the day, if it is a working or a non-working day. So you
need to file it on a working day prior to the last day of prescriptive date, if it will fall
on a non-working day. So in the example file it on a Friday not on the coming 
Monday.  This is in consonance that the accused or respondent is considered
innocent until proven otherwise, or pro-reo concept wherein if there is two ways to
 interpret a rule or a law, we embrace the interpretation favorable to the accused or
respondent for that matter. 
 Naypes doctrine refers to the fresh period rules, before when the losing party
receives a notice of judgment, he has 15 days to appeal or, he can file a Motion for
Reconsideration, the rule before, upon filing of an MR the running of the period to
file an appeal is tolled, and if the MR was resolve not in favor of the movant, what
was left of the original 15 days period to appeal is the time to file an appeal. But in 
Naypes upon denial of the MR, the movant is given a fresh period to file an appeal
which is 15 days from receipt of notice of denial of the MR. this is also true to
criminal cases, much more, because of the gravity of penalty if in case found guilty. 
the law did not distinguish weather the fresh period is applicable only for civil cases,
therefore it is applicable to all proceeding wherein appeal is available as a remedy.
Ubi lex non distinguit nec nos distinguere debemus - if the law did not distinguish, no
one must distinguish.

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notes
INTRODUCTION TO STATUTORY CONSTRUCTION

1. What is Statutory Construction?

Answer:
It is a process by which, with the aid of intrinsic and extrinsic aids to identify or
determine what a particular statute (law) means so that a court may apply it accurately.
The main goal is to determine the purpose or intent of congress in enacting such law
and likewise a sound interpretation will indeed eliminate absurdity and thus maintain its
true intent, in our jurisdiction, only the Judiciary under our Constitution has the power to
interpret laws, such interpretation from part of the legal system of the land, and it will
stand (stare decisis) unless revisited and given another determination of its
interpretation.
 

2. What are the tools to be use that will aid the court in arriving at a sound
interpretation?

Answer:
Only the Judiciary can render an official interpretation of a law applied in a particular
legal controversy and will be considered as a precedent to subsequent cases of the
same question of law.  Yes, anybody and talk and give his own interpretation subject to
barbershop debates but it will not hold water in the court. Inferior courts will only
recognize the interpretation of the Supreme Court as jurisprudential precedent or case
law. The following are the tools to facilitate sound interpretation and or construction of a
statute:

1. Intrinsic Aids – are the found within the four corners of the statute itself, these are
the (a) Title (b) Preamble (c) Headings (d) Marginal Notes (e) Punctuation and
conjunctions (f) Illustrations (g) Definition of Terms (h) Legislative Interpretations (i)
Transitional Provisions.

 
Example: Marginal notes – 1958 New York Convention “Recognition and Enforcement
of Foreign Arbitral Award” an international treaty wherein the Philippines is a signatory
and by the doctrine of incorporation it become part of the municipal law of the land.  
                                     
                                                -xxx-
The Philippine delegation signed the treaty with reservation as a marginal note stating
“The Philippine delegation signed referendum this convention with the reservation that it
does so on the basis of reciprocity and declares that the Philippines will apply the
convention to the recognition and enforcement of awards made only in the territory of
another contracting state pursuant to art, paragraph 3….”
                                                          -xxx-

2. Extrinsic Aids – are found outside the statute, these are (a) contemporaneous
circumstances (b) legislative history (c) executive construction (d) policies (e)
historical facts and surrounding circumstances in the framing of a statute.

Example: Historical facts surrounding the framing of a statute.

The 1987 Constitution alone must be interpreted as to avoid abuses of human rights
and to insure to uphold the exercise of constitutional rights and the observance of due
process, for we just had a peaceful and bloodless EDSA revolution that ousted the
Marcos Regime.

3. What are the basic rules in Statutory Construction:

Answer: The following are guide to determine the intent of congress.

1. One must interpret first before he can construe, interpretation and construction
has the same purpose, that is to ascertain and give effect to the intention of
congress in crafting a law, interpretation comes first because you ascertain the
intention of congress by employing intrinsic aids studying the intent of the law within
the four corners of the law itself. If and when it is insufficient to ascertain the
intention of congress one will venture to construe the law by going out of the four
corners of the law and use extrinsic aids.
 

1. Study the statute as a whole and not piecemeal, all parts or sections or
provisions must be internally consistent with each other. It is dangerous to conclude
that this is the meaning of the law per section and such interpretation is directly
repugnant to the law itself as whole.

That is why under Sec. 26(1) ART. VI of the Philippine Constitution state that “Every bill
passed by the Congress shall embrace only one subject which shall be expressed in the
title thereof.”   Better known as the One Subject-One Title Bill Rule.
 

1. When legislator enumerates an exception to a rule and it is exclusive, without

qualifying phrases, then, none can be included from the enumeration. “Expressio
Unius Est Exclusio Alterius.”

1. When there is a conflict between legislation and a case law, legislation takes
precedence over the case law.

 
That is why when a statute conflicts with the constitution the later will prevail, likewise,
when a municipal ordinance contradicts a statute the later will prevail.
 

1. If in case of doubt or construing ambiguous statutes in criminal law resolve the

ambiguity in favor of the accused, in labor law in favor of the laborer, in
administrative case against erring lawyer against the lawyer, in interpreting a Last
Will and Testament construe in favor to giving effect to the will, in Marriage decide in
favor of the preservation of Marriage.

1. In case the law is so vague, that an ordinary man with ordinary comprehension
abilities cannot understand what the law wanted to achieve or impose, likewise the
consequences of its none compliance, under the “Void for Vagueness Rule” such
law is void because it is utterly vague, this is to uphold the sacred universal tenent of
due process. One cannot argue that there was notice by publication and no one
must be excused because of his ignorance of the law, vagueness of the law even
though compliant with due process via proper notice by publication violates due
process because even though there was actual notice by publication, the statute
published cannot be comprehended by a common man which defeats the primary
 purpose of publication of the law and that is informing the general public what is the
law all about.

1. When the law is clear, plain and free from ambiguity, then it must not be
subjected to construction, we apply its literal meaning. This is known as the Plain
Language Rule or Verbal egis Rule.

1. Ratio Legis or the Spirit of the Law, this is determining the indention of congress
that every law is for the general welfare of the populace. Under Art. 10 NCC “In case
of doubt in the interpretation or application of laws, it is presumed that the making
body intended right and justice to prevail.”

 
2nd Corinthians 3:6 “… for the letter killeth, but the Spirit giveth life.”
 

4. What is Pro Reo Doctrine?

Answer:
When there are two susceptible interpretation of a penal statute, the interpretation that
favors the accused must be upheld. This is in consonance to the time honored principle
that the accused is presumed innocent until proven otherwise.
 

5. What are the Latin Maxims that guides the courts in the interpretation of a
statute?

Answer:

1. Dura Lex Sed Lex – The law may be harsh but the law is the law, it derived from
the eleventh century Church Law (Canon Law) by Bishop Buchard of Worms, stating
that no none is above the law even those who are in authority and power are
subjected to the law, this is premised to another Latin Maxim “Ignorantia legis non
excusat” which means ignorance of the law excuses no one from compliance
therewith, this can be found also in Article 3 of the NCC, also in consonance with
Article 2 of the RPC namely generality and territoriality principles of our criminal law.

 
No one can question the provisions of a statute; a judge cannot impose a lighter
punishment because he thinks the penalty for such act or commission so harsh a
penalty.  If the death penalty is presently enforced and the proper penalty for a heinous
crime is death, the judge because of his spiritual beliefs or faith do not adhere to death
as a punishment because only God can take away life, the judge cannot imposed
reclusion Perpetua for that matter.
What the Judge can do is stated in the Revised Penal Code under Article 5.
Example of Dura Lex Sed Lex case:
In the case of Revaldo vs. People G.R. 170589 Violation of the Forestry Code under
Sec. 68, in possession of lumber without legal documentation, the value of the lumber is
only P1, 730.52   total of 96.14 board ft. of flat lumber. When the police arrived the
lumber was in plain view and under such doctrine it is admissible in evidence, even if
seized without a warrant.  Motive is without bearing for good faith is not a defense in
violation of Mala Prohibita crimes, the mere violation of the said special law is
susceptible for criminal liability.
The mere possession of forest products without the proper documentation
consummates the crime.  Dura Les Sed Lex, the appealed decision convicting petitioner
for violation of Section 68 (now Section 77) of the Forestry code is affirmed.

1. Ubi lex non distinguit, nec nos distinguere debemus – If the law doesn’t
distinguish, no one should, meaning not subject to differentiation or determination
aside from what is stated in the law.

In the case of Juana Yap Daes, ET AL., vs. WE KO (alias KUA) G.R. No. L-48817 1943
The husband of the petitioner worked for the respondent for some repairs in his house,
the respondent lend carts to Pedro Basa to load some logs and transport it to his house
to be used as materials for the repairs, but the log slipped upon loading it to the cart and
it rolled down pinning Pedro to death. The wife and children filed for damages, their
contention was that Pedro was an employee, but the Court of First Instance of
Zambales disissed the action and on appeal the Court of Appeals held that Basa was
not an employee of the respondent within the purview of Act No. 1874, and dismissed
the case.
The Supreme Court stated that in Act.  1984 uses the term “employee” without any
distinction between occasional or permanent employess. Ubi lex non distinguit, nec
nos distinguere debemus. The Supreme Court ordered that the case be remanded to
the Court of Appeals for the determination of facts which is absent in the records of the
case.

1. Ignorantia legis non excusat – Ignorance of the law excuses no one from
compliance therewith, imbedded in Art. 3 of the NCC, no one can raise the defense
that he don’t know such law exist, because under the law publication is required
before its affectivity, to comply with due process and that is notice through
 publication. If such defense of ignorance of the law can be had, then the authorities
will be having a hard time enforcing the laws and chaos will ensue.

In A.C. No. 6295 Josepfina B. Fajardo vs. Atty. Danilo Dela Torre, in this administrative
case for disbarment against the respondent lawyer stemmed out from the dismissal of a
civil case of the complainant handled by the respondent in the Court of Appeals,
because the filling of the appeal shows insufficient payment of the docket fees and
failure to attached the certified true copy of the assailed decision. The respondent
attorney was charge of gross ignorance of the law and negligence in the performance of
profession. He was suspended for one year from the practice of law. For it is required
by the rules that in filing an appeal the proper docket fees must be paid and a certified
true copy of the assailed decision must be attached thereto if not there is no appeal
perfected and it must be dismissed accordingly.

1. Salus populi est suprema lex- The welfare of the people is the supreme law, this
is inconsonance to the long standing definition of what is social justice sited in the
case MAXIMO CALALANG VS A.D. WILLLIAMS ET., G.R. No. 47800 1940

 
“Social Justice is “neither communism, nor despotism, nor atomism, nor anarchy.” But
the humanization of laws and the equalization of social and economic forces by the
State so that justice in its rational and objectively secular conception my at least be
approximated.  Social justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure economic stability of all
the competent elements of society, through the maintenance of a proper economic and
social equilibrium in the interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, extra-constitutionally, through the
exercise of powers underlying the existence of ball governments on the time-honored
principle of salus populi est suprema lex.”
In this case the petitioner asked the court to issue a writ of prohibition, to stop the
implementation of an order by the authorities not allowing animal-drawn vehicles in such
roads of Manila in a particular time of the day. But the Supreme Court decided
otherwise that supported by the this latin maxim as stated in the decision “consistent
with the fundamental and paramount objective of the state of promoting the health,
comfort and quiet of all persons, and of bringing about “the greatest good to the greatest
number.”

1. Nulla poena sine lege – there is no crime when there is no law punishing such
act or omission.

There must be law first that defines, treat of its nature and provide for a punishment
before a person be held accountable for its violation, if not it will runs contrary to due
process. Congress cannot approve an ex post facto law which is a law that retroactively
alters the legal consequences of an action that were committed prior to the enactment
of the law.
Example: Prior to the affectivity of the R.A. 9262 (Anti Violence against Women and
Children) an act of none support or economic abuse is just civil case for support and not
criminal in nature as defined by the said special law with penal sanctions.

1. Parens patriae (father of his country) – latin maxim that grants the state inherent
power and authority to protect persons who are legally unable to act on their own
behalf.

Example of the exercise of the doctrine of Parens Patriae is the case of Oposa v.
Factoran G.R. No. 101083 1993, where minors represented their generation and the
generation yet to born, represented by their parents versus Secretary of the DENR in
the person of Fulgencio Factoran Jr. the petition were to cancel all existing Timber
Licensing Agreements (TLA) in the country and cease and desist from receiving,
accepting, processing, renewing, or appraising new TLAs. In this case the Supreme
Court decided to in favor of the petitioner to comply with the constitutional provision
under Section 16, Article II of the 19876 Constitution, “The State shall protect and
advance the right of the people to a balance and healthful ecology in accord with the
rhythm and harmony of nature.” Thus, the Doctrine of Inter-Generational
Responsibility was enunciated.

6. Is there an example of a statute or part of it declared as unconstitutional by the

Supreme Court?

Answer:
In the decided case of Antonio M. Serrano v. Gallant Maritime Services, Inc., ET AL.,
G.R. No. 167614 2009
Seranno a Filipino seafarer was illegally terminated he served only 2 months and 7 days
of his contract and unexpired potion of 9 months and 23 days.  Under R.A. 8042 Sec.
10 “In case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, the workers shall be entitled to the full
reimbursement of his placement fee with interest of twelve percent (12%) per annum,
plus his salaries for the unexpired potion of his employment contract or for three (3)
months for every year of the unexpired term, which is less. (Emphasis supplied)
Article XII Section 3 of the 1987 Constitution declares, “The State shall afford full
protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.”
In the said special law, Section 10 states 3 months or the unexpired portion will be paid
to the illegally dismissed employee whichever is less is not in consonance with the
constitutional provision stated in Sec.3 Art. XIII of our Constitution that guaranties full
protection to labor, thus, the law should provide whichever is more not less.
With this the Supreme Court in the dispositive portion of the decisions declared
“Wherefore, the Court grants the Petition. The subject clause “or for three months for
every year of the unexpired term, whichever is less” in the 5 th paragraph of Section 10 of
Republic Act 8042 is DECLARED UNCONSITUTIONAL; and the December 8, 2044
Decision and April1, 2005 Resolution of the Court of Appeals are MODIFIED to the
effect that petitioner is AWARDED his salaries for the entire unexpired portion of his
employment contract consisting of nine months and 23 days computed at the rate of US
$ 1,400.00 per month.”
But sad to say, Congress amended the law, R.A. 8042 and is now R.A. 10022 and
Section 7 is a replication of Section 10 of the amended law.
The question is can Congress do that, yes, it is within its powers accorded by the
Constitution to amended laws, somebody with a cause of action must bring a similar
case to our courts and definitely it will be stricken down again as unconstitutional.
https://www.facebook.com/normie.teodoro.3/videos/4875833505763940

https://www.facebook.com/normie.teodoro.3/videos/4883973911616566/

Antonio M. Serrano v. Gallant Maritime Services, Inc., ET AL. G.R. No.

167614 https://lawphil.net/judjuris/juri2009/mar2009/gr_167614_2009.html (Links to an external
site.) in relation to Sec. 3 of Article XIII of the 1987 Philippine Constitution. (React in short half
page)