Criminal Law and Family

Law:
The Christian Philosophers
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history
aquinas
wojtyla
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By: Myrien Eulah Kezia G. Banaag

 History Aquinas Wojtyla Dovetail
1 2 3 4

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Influences Philosophical Theology of Church and

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View the Body State

which shaped
on crime and and how it its separation and
Philippine
punishment influenced current lawmakers’ intent
Criminal and
Family Law laws
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1521 1898 Present

Spanish Catholic American Protestant Civil Code
Enculturation Evangelization Revised Penal Code
1987 Constitution
 • Many of the premiere universities today, including
Harvard, Cambridge, and Oxford, started as theology and
divinity schools.

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• It was the same religious story for the University of Santo

Tomas, which educated Filipino ilustrados, revolutionaries,
and the first presidents which established the first law
school in the country in 1734.
 ST. THOMAS AQUINAS
AGE OF SCHOLASTICISM

• The Catholic Church used Aquinas’ fusion of faith and reason.

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• Aquinas lived in a time when church law or Canon Law, interpreted by

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ecclesiastical tribunals and appealable to the Papal Curia, was the only
“international law” available.

• During then, Pope was given the title of ancient Rome’s Pontifex Maximus,
the head of priest-juriconsults.

• Canon Law governed not only the clergy but also secular life, including
marriage and inheritance.
 ST. THOMAS AQUINAS
ON CRIME AND
PUNISHMENT

• As social animal, Aquinas believed that man needs civil law to determine how

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he will deal with others.

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• Further, since no man is by nature bad or evil, mere personal training by

admonition may suffice to keep a man virtuous, but punishments may be
needed for those depraved and prone to vice, and not easily amenable to
words.

• Human law may be a hindrance to some, but the just man will conform to it
spontaneously, as if no law is needed for him because how he lives is already
in agreement with the law.
 ST. THOMAS AQUINAS
ON CRIME AND
PUNISHMENT

• Aquinas distinguished general from particular justice.

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• General justice refers to legal justice that serves the community. It is also
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referred to as distributive justice as it distributes the common good.

• On one hand, particular justice applies to individuals who are individually

different.
 ST. THOMAS AQUINAS
ON CRIME AND
PUNISHMENT
Philosophical View of Aquinas Application in Philippine Laws

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Rendering justice to each that “which is due Equal Protection Clause

to him according to equality of proportion”.
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Man is bound to give restitution according Articles 104 to 107 of the RPC similarly
to the loss he brought upon another, with provide for the restitution with the value to
damages for what the other could have be determined by the court.
obtained.
Voluntariness and involuntariness of actions Article 3 of RPC – imprudence, lack of
must be taken into account in judging foresight, and lack of skill
liability. Article 4 of RPC – criminal act must be
performed, not only intended.
Article 12 of RPC – irresistible force and
uncontrollable fear as exempting
circumstances for criminal liability.
 ST. THOMAS AQUINAS
ON CRIME AND
PUNISHMENT
Philosophical View of Aquinas Application in Philippine Laws

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Antecedent ignorance or ignorance of the In Philippine law, it is akin to mistake of

circumstance of one’s act. fact (ignorantia facti).
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Concomitant ignorance or that when despite
ignorance of what was committed, a
criminal act would be nevertheless be done
had the circumstances been right.
Article 4 of the RPC – although the
wrongful act done be different from that
which intended, aberratio ictus and error in
personae.
Article 3 of CC – ignorance of the law
excuses no one from compliance therewith.

Circumstance affects liability “either by Article 14 of RPC – Aggravating

way of measure, as time and place; or by circumstances similarly considers these
qualifying the act as the mode of acting. factors (e.g. crime committed during night
time, acted in treachery, impunity, fraud or
disguise).
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“What is honor compared to a woman's love? What is duty

against the feel of a newborn son in your arms . . . Wind and
words. Wind and words. We are only human, and the gods have
fashioned us for love. That is our great glory, and our great
tragedy.”
- Maester Aemon, from George R.R. Martin’s A Game of Thrones
 KAROL
WOJTYLA
THEOLOGY OF THE
BODY

• The philosophy of Karol Wojtyla, or popularly known as Pope John Paul

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II, shaped the international and national policies on social justice, right to
life and family rights.
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• Many of the prevailing issues in the country, such as reproductive health,

were in view of his encyclicals on responsible parenthood.

• Wojtyla wrote the book Love and Responsibility which discusses taboo
topics on sensuality, unsatisfied wives faking orgasms, how to make
natural family planning work, and the importance of mutual sexual
climax.

• He believed that man is not simply a sexual being; he or she is a sexual

person.
 KAROL
WOJTYLA
THEOLOGY OF THE
BODY

• Wojtyla claimed that love is the only legitimate sexual response to a

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person, which ensures that the other will not be treated only as a sexual
object.
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• He also believed that sex without its life-making and lovemaking values
runs the risk of reducing sexual persons to mere pleasure commodities,
who are disposable after the sexual act.

• Pleasure is natural and good, but it is not the highest good. Love is the
fullest realization of the possibilities of men.

• Wojtyla said that man longs for love more than freedom, freedom is the
means and love is the end.
 KAROL
WOJTYLA
THEOLOGY OF THE
BODY

Philosophical View of Wojtyla Application in Philippine Laws

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The natural direction of the sexual urge is Family Code
towards a “human being of other sex” and
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not merely towards the “other sex”.

The commitment of monogamy in marriage Family Code
is necessary to signify the maturity of the
union between a man and a woman and to
testify that theirs is a love on which a lasting
union and community can be based, a family
can rightly be found.

Biological methods, besides causing Reproductive health bills

temporary barrenness, may bring about
serious and irreversible damage in the
organism.
 KAROL
WOJTYLA
THEOLOGY OF THE
BODY

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Philosophical View of Wojtyla Application in Philippine Laws
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Love is gauged by responsibility. The full Divorce

stage of love is reached when the “I”
becomes inseparable of the “I” of the other.
 Sacred Heteronomy
• Religion rules all affairs.
• Law as an agreement not
only among citizens but
also between God and
First Profane
•Autonomy
The Government has
power over the sacred
and the laws of the
state become part of

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His people. the religious creed.
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Second Profane Autonomy Theandric

• There is demarcation
between Church and
Ontonomy
• Weaves together the
political and spiritual fabric
State, geared towards of society.
independent co- • Regards spirituality/religion
existence. as a positive force of society.
 SEPARATION OF CHURCH AND
STATE
Felipe Jocano Fr. Joaquin Bernas, SJ
• Pervasive influence of • Laws separation clause
religion even among pre- meant two things: (1)
Hispanic Filipinos. that the government
will not establish any

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religion and (2) every
Philip Hamburger
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citizen shall enjoy

• The separation clause
freedom of conscience.
provides for the
freedom of religion, Dennis Prager
not freedom from
• We are all children of one
religion.
God, and such belief should
drive us to treat each other
Justice Jorge Coquia not only equally but with
• Philippine dignity and fraternal love as
Constitution is more children of One Father.
accurate on the
distinction and
cooperation of
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Reference Thank you for
Philawsophia: Philosophy and listening!
Theory of Philippine Law by God bless and stay
Nicolo F. Bernardo and Oscar B. safe. 
Bernardo published by Rex
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