V.

Law and Justice

A. Theories of Justice
1. Plato: justice is a virtue establishing rational order, with each part performing its
appropriate role and not interfering with the proper functioning of other parts.
2. Aristotle: what is lawful and fair, involving equitable distributions and the correction of
what is inequitable.
3. St. Augustine: a cardinal virtue that gives to all whatever is their due.
4. St. Aquinas: the rational mean between opposite sorts of injustice, involving
proportional distributions and reciprocal transactions. (sb p. 187 and 190)
a. Justice may also be a virtue: a habit whereby a man renders to each one his due
by constant and perpetual will.
b. Legal Justice: the role of law to direct everyone and all acts towards the common
good as a direct result. The good of individuals is attained as an indirect result.
c. Justice is not about dealing with everyone equally but to deal with the other
person with attention to his particularity.
d. Commutative justice and distributive justice. Later on these would be developed
in the Church’s teachings on Social Justice.
5. Hobbes: an artificial virtue, necessary for civil society, a function of the voluntary
agreements of social contact.
6. Hume: justice serves public utility by protecting property (in broadest sense)
7. Kant: a virtue that respects others’ freedom, autonomy and dignity.
8. Mill: a collective name for the most important social utilities.
9. Rawls: the maximum equal liberty regarding basic rights and duties for all members of
society, with inequalities requiring moral justification (presumptive equality).
a. Justice as fairness. (sb p. 164)
b. 3 levels of principles
i. Principle of greatest equal liberty
- Each person has an equal right to the most extensive basic liberties
compatible with similar liberties for others.
- Rawls identifies basic liberties as political liberty (the right to vote and run for
office), freedom of speech and assembly, liberty of conscience, freedom of
personal property, and freedom from arbitrary arrest.

ii. Principle of fair equal opportunity

- Individuals with similar abilities and talents should have similar life chances. This
involves providing everyone with an equal opportunity to succeed to the greatest
extent possible, regardless of their social and economic background.

iii. Principle of difference

- Social and economic inequalities are to be arranged so that they are both:
a. to the greatest benefit of the least advantaged, and
 b. attached to offices and positions open to all under conditions of fair equality of
opportunity.
- This principle allows for economic and social inequalities as long as they work to the
advantage of the least well-off members of society.

B. Utilitarian Theory of Justice

1. Focuses on the welfare of the majority. Maximization and Distribution.
2. Critiqued by Libertarianism and Feminism:
a. Utilitarianism is against individuality
b. Utilitarianism discriminates against women.

3. Law is at the Service of Justice

- Cometa vs. Court of Appeals: (on redemption) a law is tested by its result- a law
should not be interpreted so as to cause an injustice. (351 SCRA 294, Feb. 06, 2001)
a. The Statute, being remedial, is to be construed liberally to effectuate the remedy
and carry out its evident spirit and purpose.
b. “A litigation is not a game of technicalities… Litigations must be decided on their
merits and not on technicality.

C. Libertarian Theory of Justice p. 245

1. Based Natural Rights: by virtue of being human.
a. Freedom of Speech
i. Dangerous tendency test
ii. Clear and present danger test
iii. Balancing type test
- Within Gov’t constitutional power
- It furthers governmental interest (important of substantial)
- The interest is unrelated to the suppression of the expression
- Speech is not greater to the Gov’t interest.
b. Prior Restraint
- Historically came about upon the birth of Mass media p. 247
- Manipulation of ideas for control (government may have control)

2. Privileged Communication p. 249

D. Justice as Fairness
1. Distributive vs Liberal
- D: what is the meaning of distribution of goods
-L : no injustice with freedom of individuals provided the least ones are taken cared of,
when there is inequality

2. In Matter of the Adoption of Stephanie Nathy Astorga Garcia (454 SCRA 541)
- An adopted child is entitled to all the rights provided by law to a legitimate child without
discrimination of any kind, including the right to bear the surname of her father and mother.
 E. Justice as inherent in the law. p. 258
1. Lex injustitia non est lex
- law is tested on whether or not it creates justice and not injustice
2. Juris praecepta sunt hec, honeste vivere, alterum non laedera, suum ciuque tribuere.
- echoed in Art. 19 of Civil Code of the Philippines.
“Uypitching vs. Quiamco” G.R. No. 146322, December 6, 2006
3. Fiat Justicia ruat coelum.
- let justice be done, though the heavens fall.
- the intention of lawmakers is always to promote justice (Stat Con)

F. Socialism vs. Capitalism

1. Capitalism
- means of production
- labor
- profit
- needs of the market

2. Socialism
- lacks 1st element (market socialist)
- orthodox socialism lacks also other elements.
- Agrarian reform is an example of Orthodox Socialism.

The history of Agrarian Reform in the Philippines is a complex and multifaceted story that spans
several decades, marked by various laws, policies, and struggles aimed at addressing the issue
of land ownership and rural development. Here is an overview of the key events and
developments in the history of agrarian reform in the Philippines:

American Colonial Period (1898-1946):

The United States took control of the Philippines from Spain after the Spanish-American War in
1898. Under American colonial rule, the existing feudal land system was largely maintained,
with large landholdings controlled by a few wealthy families and corporations.
Commonwealth Period (1935-1946):

The 1935 Constitution recognized the need for land reform and established the National Land
Settlement Administration (NLSA) to promote the resettlement of landless farmers. However,
these efforts had limited success.
Post-World War II Period:

After World War II, there was a growing demand for land reform due to the inequitable
distribution of land and widespread poverty among rural farmers. Tenant farmers, organized by
various groups, began advocating for land redistribution.
Magsaysay Administration (1953-1957):
President Ramon Magsaysay initiated land reform efforts, focusing on the resettlement of
landless farmers and encouraging the establishment of cooperatives. The Agricultural Tenancy
Act of 1954 aimed to improve conditions for tenant farmers, but implementation was
hampered by resistance from landowners.
Diosdado Macapagal Administration (1961-1965):

The Agricultural Land Reform Code (RA 3844) was enacted in 1963 during the Macapagal
administration. It introduced the concept of the Operation Land Transfer (OLT) program, which
aimed to transfer landownership from landowners to tenant farmers through a system of
amortization.
Ferdinand Marcos Era (1965-1986):

The Martial Law period marked significant changes in agrarian reform policies. The Presidential
Decree No. 27 in 1972 initiated the compulsory acquisition of rice and corn lands from
landowners for redistribution to tenant farmers. However, this program was criticized for failing
to effectively empower farmers.
Corazon Aquino Administration (1986-1992):

The Comprehensive Agrarian Reform Program (CARP) was established through Republic Act No.
6657 in 1988. CARP aimed to distribute land to tenant farmers, provide support services, and
promote rural development. However, implementation was hindered by loopholes, resistance
from landowners, and challenges in funding.
Subsequent Administrations:

CARP continued to evolve under subsequent administrations, with extensions, amendments,

and reforms aimed at addressing shortcomings and improving implementation.

G. Social Justice
1. 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 may at east be approximated.
- a justice of social schemes such that human rights and economic opportunities are made
available in a must equitable manner.
- promoted in Church Teachings by different Popes. (applying the philosophical teachings of St.
Thomas)

2. Calalang vs. Williams, 70 Phil, 726, December 02, 1940

- public interest over private freedom.
-“salus populi est supremo lex”
- see p. 272
- He who has less in life should have more in law.

3. MWSS vs Act Theater (432 SCRA 418, June 17, 2004)

- Having the right should not be confused with the manner by which such right is to be
exercised.
- Art. 19 of Civil Code

4. Del Castillo Jr. vs. NLRC

- Invalid Dismissal for valid cause does not warrant separation pay.
- Generosity under the law does not automatically apply when the cause of dismissal is for
serious misconduct or those involving moral turpitude.