PHILOSOPHY OF LAW

JD 1D

Submitted by:

Emmanuel Enrico A. de Vera

2019119248

Submitted to:

Dr. Glenn Luansing

glennrluansing@gmail.com
1. X mining company from Benguet has 770 miners, majority of them come from
indigenous communities. One day, Pedro, a miner, suddenly collapsed, become pale,
and died. (No appropriate ventilation inside) Accordingly, there was a breach in health &
safety protocol inside a mining site. You are the corporate lawyer of X mining company,
what would you suggest? 1 - Discontinue operation (769 walang sahod) 2 - Continue
mining operation (Pwedeng maulit ulit yung accident)

Ans. 2) Continue Mining Operation. Pedro is just one out of seven hundred
seventy people who needs the job to feed their family. Yes, the company
will be liable to the death of Pedro, but that cannot be a reason to stop the
operation. The company must come up with a plan to improve the
ventilation system. The precepts of the natural law in man stand in relation
to practical matters, and there are several precepts of natural law. In the
book of Summa Theologica I-II by St. Thomas Aquinas, it states that man is
a rational being, and axioms or propositions are universally self-evident to
all; and such are those propositions whose terms are known to all, as,
“every whole is greater than its part”.

2. Cardinal Jose is the head of the Catholic Church. Because of an alleged indecent
proposal to a 16-year old boy, he was charged with violence against women and
children. He attends trial together with other accused person. 1 - Once you are a
religious offender, you must be tried and penalized separately 2 - You must be tried and
punished same with the other accused.

Ans. 2) You must be tried and punished same with the other accused. – All
are subject to the law, all men are subject to human law even if they
claimed that they are led by the Spirit of God. The law of Holy Ghost is
above all law framed by man, thus, spiritual men, insofar they are led by
the law of the Holy Ghost, are not subject to the matters inconsistent with
the guidance of the Holy Ghost. However, those spiritual men like Cardinal
Jose, is due to the leading of the Holy Ghost as stated in 1Pt. 2:13.
According to Summa Theologica I-II by St. Thomas Aquinas, man may be
subject to law by being under a higher law, thus the subject of a proconsul
should be ruled by his command, but not in those matters in which the
subject receives his orders from the emperor: for these matters, he is not
bound by the mandate of the lower authority, since he is directed by that
of the higher. The one who is simply subject to a law may not be a subject
in certain matters, in respect of which he is ruled by a higher law.