CHAPTER 4 -Law as a Delineator of Rights and Duties -It offers protection for some of the interests of individuals - law

regulates the external conduct of man by defining his rights and duties and providing for the means of their enforcement. NATURE OF RIGHT - Persons interests are the underlying cause of his rights. - Interests of personality (physical and spiritual existence) - Domestic Interests (family life) - Interests of Substance( Economic Life) - Right: what is ought to be. What is legally right is not necessarily morally right. - Legal Right: Protected by law. - Moral Right: Public opinion approves of his furtherance and disapproves any of the resistance. Elements of Legal Right - Right involves 2 persons. One demanding (Active Subject) and the one bound to obey such enforcement ( Passive Subject) Classification of Rights: - In Rem- enforceable in the whole world - In Personam- enforceable against some particular, determinate individual. - Personal safety and freedom - Society and control of ones family - Reputation - Free exercise of ones calling ( right to his good name) - Possession and ownership - Immunity from damage by fraud. - Right to life of a person is the primordial and greatest of all rights - 3 PRIMARY GROUPS ( personal security, personal liberty, right of property - ROMANS: in re proporia( right over ones own thing) In re aliena (Right over anothers thing) - Positive or Negative ( act enforced by the active to the passive vis a vis) - Perfect( enforceable by law) or Imperfect ( recognized but must be acted upon by law)

Primary (given for their own sake) or Secondary ( substitution or remedy) Right and Duty Correlative - Right in favor of one unless there is a duty on the part of another. - Legal wrong: violation of his duty. (legal remedies) - Moral Wrong : bound by public opinion Ignorance of the law excuses no one. - Legal Remedies: restore legal right( form of specific performance, restoration, compensation, damages or penalty. o Service: specific performance o Damages Penalty o Criminal Act- imprisonment, fine, banishment or death Human Relations: Civil code has a chapter on human relations. ( Act in justice, Gives everyone his due, observe honesty and good faith) Social Legislation : HR in the Civil Code governs only the relationship among individuals. - Balance in a sociological relations. Industrial Peace Act Agricultural Land Reform Code

Article 5 The Application of the Law The duty of the court to decide every case - No judge shall decline to render judgment by reason of the insufficiency of the laws. - Criminal Prosecution : No law Punishing it, case must be dismissed. - Duty of the court to clarify and resort to statutory construction. Different Ways of Applying the Various Types of Law - Customary Laws: proof that such custom exists. - Case Law: ratio decidendi of the decision. Underlying principle of the decision. - Statute Law: definite rules. Rule established by the legislative organ of the state is not as clear as it should be. Classification of Statutes: ( Positive and Negative( Mandatory) - Public Statute: operates on the public at large. - Private statute: Concerns a particular person or a particular class. ( exceptions0 - Statute is Mandatory- Commands - Directory- merely outlines the manner in shich an act or transaction is to be performed. - Prospective- operates on acts after its enactment. - Retrospective: Ex post facto Laws: laws penalizing thos who have committed certain acts which when committed were not punishable are invalid. Statutory Construction: proper court has the authority to declare the statute. Rules used by the Courts 1. Statute should be considered in its entirely. 2. Common or popular words are to be understood in a popular sense. 3. Statutes adopted from other states or jurisdiction are to be given the same construction that they have received in those states. 4. Contemporaneous interpretation of a law by administrative officials or agencies charged with the duty to enforce it carries great weight. 5. General words follow particular or specific words, the general words are deemed to include only such things or objects as are of the same kind.

6. Penal Statutes are to be construed strictly against the state and liberally in favor of the accused. 7. Remedial Statutes: remedy existing defects in the law 8. Void parts of the statute must be taken separately with those enforceable to the valid portion. 9. Laws are repealed only by other subsequent laws 10. Laws shall not have a retroactive effect. no application to past times but only to future times. * Penal Statutes cannot be made retroactive unless they are favorable to the accused. 11. English vs. Spanish Text- English Text shall govern 12. Punctuations used in statutes may be referred to for the purpose of determining the meaning of the statutes. 13. Law speaks of years, months or nights ; 365 days, 30 days, 24 hrs, nights from sunset to sunrise. 14. Case of doubt in the interpretation of application of laws, it is presumed that the lawmaking body intended right and justice to prevail. Date of Effectivity of Laws - Law may provide for its own date of effectivity. - If it does not so provide, it takes effect after 15 days following the completion of its publication in the official Gazette. Applicability of Laws - Criminal and those public security and safety GR: they are obligatory upon all who libe or sojourn in Philippine Territory.

CHAPTER 7- The History of Philippine Law Pre Spanish: - Early Filipinos were found living under various native rules. - These ancient laws have no more legal force and effect whatsoever. Political Organization: Chief, freeman, slaves Barangay: a communal organization was composed of the head of a family, his relatives and dependents and their slaves, Chief- Inherited in the male line. Principalia: Those under male descendants of chiefs who did not come as chiefs. Freeman: great majority of peoples Slaves: 3rd class ( alipin sa guigilid and alipin namamahay) FAMILY RELATIONS: usually arranged by the parents Timaguas: drinking pitarilla from the same cup Freeman marrying a slave or vice versa, half of the children were slaves. Divorce was probably easy because according to Plasencia a woman could obtain a divorce in order that she might re marry by simply returning the dowry to the man. If husband that asked for the separation he lost half of the dowry. Inheritance: wills were sometimes made and might be either written and oral. Property Rights: Existed definite property rights. Unmarried women could own no property in land or dowry. Partnership and Loans: Crimes and Punishment: crimes were insults, adultery, murder, theft and non payment of debt. Chief committed adultery all his relatives had to contribute to his ransom. ( Slave) Death Procedure: datu and members of the barangay Arbiter: from another village - In our pre Spanish customary law was fragmentary and unorganized it was not entirely devoid of good qualities. - they had some machinery for the administration of justice. Old men: acted as sort of jury. They had an idea of the existence of qualifying and mitigating

circumstances. They recognized recidivism as an aggravating circumstance. - Law was not entirely unwritten but was partly written is evidenced by the existence of the two coded: Maragtas and the Kalantiao Code (penal) Spanish Regime- 1565 -1898 American Sovereignty-1898- 1935 Commonwealth 1935-1946 Republic- 1946 to the present