NATURE OF PHILOSOPHY

PHILOSOPHY by its very nature is inquisitive. It constantly seek answers to question yet, more often than
not, the question is more important than the answer.

INQUIRY is the fuel that powers Philosophy.

BRIEF HISTORY OF LAW

Chief justice Fernando citing Laski wrote about the basic purpose of a civil society and government.

The basic purpose of a state , namely to assure the happiness and welfare of its citizens is kept foremost
in mind. To paraphrase, Laski, it is not an end in itself but only means to an end, the individuals
composing it in their separate and identifiable capacities having rights which must be respected. It is
their happiness then, and not its interest, that is the criterion by which its behavior is to be judged and it
is their welfare, and the force at its command that sets the limits to the authority it is entitled to exercise.

It was Holmes who said that the life of the law has not been logic but based on experience.

Roman law is highly ritualistic and highly formal. Gradually, however, it evolved and form wa replaced by
substance.

Two facts are easily discernible from our constitutional history

First, the Filipinos are a free-loving race with high regard for their fundamental and natural rights.

Second, although Filipinos have given democracy its own Filipino face, it is undeniable that our political
and legal institutions are American in origin.
STRUCTURE OF OUR LEGAL SYSTEM

3 Branches: Executive (Enforce laws), Legislative (the authority to make laws), Judiciary (Interpret laws)

The Executive

- Refers to the branch of government that applies the law.

- Headed by the President followed by the Vice-President then Cabinet Secretaries.
- President is the chief executive officer and commander in chief of the country through
his secretaries who run their respective departments.

The Legislative

- Refers to the branch of government that makes the law.

- Composed of two chambers- the Senate or the upper house and the House of
Representatives or the lower house.
- The head is called the Senate President while the head of the House of Representatives
is called the Speaker of the House
- The power of Congress to enact legislative measures is plenary in nature meaning that it
can legislate laws and even amend, modify or repel existing laws enacted by previous
Congress.

The Judiciary

- Interprets the law.

- Represented by the Supreme Court.
- Head of the Supreme Court is called Chief Justice and joined by other 14 Associate
Justices.
CONSTITUTIONAL COMMISSIONS

The 1987 Philippine Constitution created 3 independent commissions – Civil Service

Commission (CSC), Commission on Elections (COMELEC), and Commission on Audit (COA).

The Civil Service Commission

- Embraces all branches, subdivisions, instrumentalities, and agencies of the Government,

including government owned or controlled corporations with original charters.
- Art IX-B of Phil Cons.
- Serves as a human resource agency of entire Philippine bureaucracy tasked with the
formation, monitoring and implementation of quality standards in public service based
on merit system.
- Invested with adjudicative powers to render final arbitration on disputes and personnel
actions involving matters relating to the Civil Service.

The Commission on Elections

- Is vested by the Constitution with exclusive charge of the enforcement and

administration of all laws relative to the conduct of elections.
- Clothed with three powers of government- executive or administrative, legislative and
quasi-judicial powers.
- Ensures that the will of the electorate prevails.

The Commission on Audit

- Is the government’s watchdog on the disbursement and use of public funds.

- Central auditor of the government.