Philosophy of Law (August 31, 2023)

“Academic Freedom” (Sta. Maria VS Lopez)

FOR:

- Students: right to choose their course.

- Educators: in which manner they want to teach.

Effectivity of Law (Tañada VS Tovera, p. 14)

- A public notice of the law (publication).

- Different from making the law effective.
- Effectivity of the law should be 15 days after its publication upon promulgation.
- Legislative  Publication (Official Gazette or newspaper) *so that the people in
general will know  Effectivity *It is important so that you will be aware of your
rights.
- To count for effectivity: do not count today. Then, add 1 day after the 15 th count.
- It is important to know law because you need to know when the law will take
effect.

Special Law

- GENERAL RULE: NOT prospective effect (all people who were affected).
- Maternity leave is not retroactive.
- In the absence of retroactive, it will not take effect before its promulgation.
 Criminal Law

- Affected: accused.
- Deprived of liberty.
- If it is retroactive, it will take effect retroactively.
- Benefit the accused if it affects their rights.

Substantive (Civil Pro)

- Rights, duties, liability and procedure).
- Civil Law.
- Civil Code.

Remedial (Crim Pro)

- Crimes are being prosecuted.

- Prosecution and process so that it can be enforced.

3 General Category of Law

1. Public Law
2. Private Law
a. Civil Law
b. Commercial Law

Mala Insi – inherently wrong

Mala Prohibita – not inherently wrong

Good Faith – in mala prohibita cases is applicable but not in mala insi.

Bill of Rights – restraints against the gov’t against constitutional

rights. “We have the right to life.”

Legal Equality – between individuals “reasonable classification”:

reasonable distinction between male and female. *So that before you
question laws, determine where it was applied.
Example of Legal Equality:

- Motor prone to accidents

- Bicycles