1st and 2nd Weeks

A. Definition of Law
a. In its GENERIC sense
- Law, in its generic sense is defined as the science of moral laws based on the
rational nature of man. It refers to the abstract and moral conception of law.
Morality recognizes that humans, as rational creatures, have free will, and that
they have every right to exercise this free will to achieve their unique and
individual aspirations. This right cannot be infringed and must be respected by
other human.
b. In its STRICT sense
- Law, in its strict sense is defined as a rule of conduct. These rules of conduct are
just and obligatory. It refers to the rules established by an instrumentality of the
State that either direct conduct, prohibit conduct, impose rights or duties, or
repeal or modify another law. There is a presumption that these rules are just,
and may only be struck down by an instrumentality of the State that has the
power to do so. These rules must be observed by everyone under Philippine
jurisdiction, subject to limitations imposed by the rules themselves.
B. Elements of Law (Characteristics)
a. Rule of Conduct Art. 5 (1), RPC in relation to NULLUM CRIMEN NULLA POENA
SINE LEGE
- Duty of the court in connection with acts which should be repressed but which ae
not covered by the law, and in cases of excessive penalties – Whenever a court
has knowledge of any act which it may deem proper to repress and which is not
punishable by law, it shall render the proper decision, and shall report to the
Chief Executive through the Department of Justice, the reasons which induce the
court to believe that said act should be made the subject of legislation.
 “In connection with acts which should be repressed by which are not
covered by the law.”
The 1st paragraph of this article which contemplates a trial of a criminal
case requires the following:
1. The act committed by the accused appears not punishable by any
law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by dismissing
the case and acquitting the accused;
4. The judge must then make a report to the Chief executive, through the
Secretary of Justice, stating the reasons which induce him to believe
that the said act should be made the subject of penal legislation.

- The provision contained in paragraph 1 of Art. 5 is based on the legal maxim,

“NULLUM CRIMEN, NULLA POENA SINE LEGE”
There is no crime when there is no law punishing the same. A crime is not crime
unless it is punished as a crime by express provision of the law.
b. Just
 1. Art. 10, NCC
- In case of doubt in the interpretation and application of laws, it is presumed that
the lawmaking body intended right and justice to prevail.
 DOUBTFUL STATUTES. Where the law is clear, it must be applied
according to its unambiguous provisions. The first and foremost duty of
the court is to apply the law. Construction and interpretation come only
after it has been demonstrated that application is impossible or
inadequate without them.
 In enacting a statute, the legislature is presumed to know the rules of
statutory construction, in case of doubt, be construed in accordance with
the settled principles of interpretation.
 The Supreme Court has time and again cautioned against narrowly
interpreting a statute as to defeat the purpose of the legislator and
stressed that it is of the essence of judicial duty to construe statutes so as
to avoid such deplorable result (of injustice or absurdity) and that,
therefore, a literal interpretation is to be rejected if it would be unjust or
lead to absurd results
 Statutory construction is proper only when the law is not clear or
ambiguous. Because statutory construction is the process by which one
determines the meaning of statutes by drawing conclusions with respect
to subjects that lie beyond the direct expression of the text from elements
known from, and given in the text.
2. Art. 5 (2), RPC and RA 9344 in relation to DURA LEX SED LEX
- In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused by
the offense.
 “In cases of excessive penalties.”
The 2nd paragraph of Article 5 requires that –
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court imposes for the
crime committed appears to be clearly excessive, because –
a. The accused acted with lesser degree of malice, and/or;
b. There is no injury or the injury caused is of lesser gravity.
3. The court should not suspend the execution of the sentence.
4. The judge should submit a statement to the Chief Executive, through
the Secretary of Justice, recommending executive clemency.
3. Art. 7 (2) (3), NCC
c. Obligatory
1. DURA LEX SED LEX
2. Art. 3, NCC in relation to Art. 12 (1) (2) (3), RPC
3. Art. 15 with Arts. 1156, 1157(1), 1158, NCC
 4. Art. 14, NCC with Art. 2, RPC
d. Laid down by legitimate authority
1. Art. VI (Sec. 1 with Sec. 32 1987 Constitution Amendment No. 6)
2. Preamble, with Art. II Sec. 1; Art. XVII Sec. 4; Art. XVIII Sec. 27, 1987
Constitution)
3. Art. XII Sec. 5, 1987 Constitution with Arts. 7,11,12, NCC
e. For the common observance and benefit (sixth week)
1. Preamble, with Art. II Secs. 5, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23,& 26,1987 Constitution
2. Art. III, Secs. 5, 11& 16
3. Art. IV, Sec. 1