INTRODUCTION TO LAW - AUFSOL

Ocampo, M. / Quiambao, T. / Rojo, K.

LAW IN GENERAL: Minimum requirements of a legal

order
Law 1. Provides for authorization and
- a dynamic force for maintaining recognition of legitimate
social order and preventing chaos authority. (law is enforceable by
in society; not a body of static an authority)
rules to be obeyed but one that is 2. Provides means of resolving
a dynamic process by which rules disputes
are constantly being adopted and 3. Provides mechanisms for
changed to fit the current facilitating interpersonal
problems of our evolving society. relationships (new law =
- binding and enforceable rule in a committee; administrative
society agency)
- piece of legislation Executive: *Reason of the law: prosperity;
execution and implementation; peaceful, social order ,etc
Legislative enactment; Judiciary *Philippines Issue: lack of
resolve actual cases and people enforcing laws
controversies; interpretation and
application of laws
- legal system ( legal body or Validity vs. Efficacy
system of rules: Civil law A law can be valid but not effective
obligation and sales ; taxation Ex. Seatbelt law
law)
- -Authority- no one is above the law Validity of law is Timeless
(ex. Police or law enforcers) Exception: when it is repealed
- -branch of knowledge concerned
with certain rules; a certain kind Constitution social contract
of law (ex. Law that is legal) -Executive E.O., A.O., Local ordinances
Characteristics of law: Legislative R.A.
1. rule of conduct Judiciary one that decides; final and
2. Promulgated by authority executor; G.R. No.
3. Obligatory
4. Of general observance *laws must be in accordance with
constitution;
Common understanding of law Question the constitutionality
1. Legislation Jus Soli law of the place
2. Something laid down and fixed Jus saguinis Law of the blood (mother;
Ash could be law; foundation; father, etc.)
origin of the word law derived form
the norse root lagu CLASSIFICATIONS OF LAW:
3. A rule something that prescribes; 1. Natural Law not a legal system but
normative what should be followed by consists of certain fundamental
society (ex. Thou shall not kill) precepts of life which are discoverable
through divine inspiration and the use of
reason; not by any form of promulgation
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 INTRODUCTION TO LAW - AUFSOL
Ocampo, M. / Quiambao, T. / Rojo, K.
but by inward impression upon the
human heart and those rule attained by
the light of reason and understanding.
-the social contract, which is the
foundation of every social order;
- it is innate or within yourself;
- no need for authority to say it is a
law;
- resonated even way back even
before it is recognized; even if no
one will tell you, you will do or
follow it.
Examples of precepts of natural law:
- Righteousness
- Justice
- Equity
- Fairness
2. Positive Law consists of rules of
conduct, promulgated by competent
authority that regulates human
relations.
- strict term: a statute created by the
legislature of the state. (ex. New Civil
Code of the Philippines of 1950)
- Establishes law as a manifestation
of political power - should be an
ethnically neutral instrument.
* GENRAL VS. INDIVIDUAL (scope or
content of the law)
1. General or public law general
application
Ex. Constitutional law governs
relations between human beings as
citizens of a state and the governing
power.
Criminal law guarantees the
coercive power of the law so that it
will be obeyed.
2. Individual or private law regulate
the relations of the members of a
community with one another.
Ex. Civil law purely private ends
Mercantile law regulates
special relations produced by
commercial transactions.
*SUBSTANTIVE VS. PROCEDURAL
Substantive creates a right
Ex. Constitutional law and civil law
Procedural law - merely provides the
procedure to enforce private rights.
Ex. Remedial law; rules of court
*MANDATORY VS PERMISSIVE
Mandatory have to be complied
with, because they are expressive of
public policy and disobedience is
punished either by direct penalties or
by considering an act or contract
void.
Permissive are those which may be
deviated from, if the individual so
desires.
Nature of the law
a. Historical View
- appraises law in the context of the
common consciousness of a group of
people.
it seeks to answer the questions
where did the law come from and
where did they evolve
b. Teological/ Philisophical view
which considers the nature of law
in terms of the moral and rational
nature of human beings.
emphasis on justice and ethics.
- Telos - end
- what is the telos or end of the
law
- - Man being naturally good or
ethical
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Ocampo, M. / Quiambao, T. / Rojo, K.
c. Analytical or Positivist
- law as a conscious rule and norm
of the state
- what is the distinctive structure
and the content of the law
(ex. Stat con)
d. Functional/ sociological view
- considers the law in terms of the
satisfaction of the conflicting or
overlapping claims, demands and
expectations of the people with
the minimum of friction and
waste.
- What is the function of the law
answer: protect the neighbor
e. Realist/ Pragmatic View
- law on the basis on-going
experiences of the people; applied
objectively
- Is the law applied objectively?
f. Policy Science View
- considers law in relation to the
degree of success of a community
in achieving certain socio-legal
values.
- How does the law relate to the
degree of success of a community
in achieving social legal values?
- achieving equality
ex. Agrarian reform because of
greed
g. Marxist- Leninist View
- considers law as the socio-class
regulator expressing the state will
raised to the level of law of the
economically dominant class.
- what or who does the law
protect is it labor? Government?
Capitalist-type of government?
LEGAL PLURALISM
Eugen Ehrich (1862-1922)
- austrain jusrist who proposed that
law exists side by side with other
factors in society, which may take
into consideration the prevailing
religion, ethics and morality of the
said society.
refer to drawing triangle is not
big enough
facets in understanding law:
religion/ethics/morality; state;
society (these are outside the
triangle)
You cannot take law in a vacuum.
LAW AND SOCIETY
Theas lecture:
Rule is a general norm mandating or
guiding a conduct or action in a given
time of situation it prescribes what
activity should or should not be carried
out in a specified way. (normative)
* Law contains rules: POWER-
CONFERRING RULES WHICH ENABLES
CERTAIN ACTIVITIES TO BE CARRIED
OUT WITH SOME FORM OF LEGAL
BACKING AND PROTECTION. Ex. Law of
contracts.
-A System of Rules is not sufficient by
itself to be an an accurate or adequate
account of law.
Law
- is a rule that defines that can or
can not be done.(normative). As
opposed to what does happen
(factual).
- Law is a system of rules, which
defines what can or cant be done.
Ex can marry at the age of 18 with
consent (civil law) and if 17 yrs.
Old even with consent cant.
NORMATIVE CULTURE
- mass of rules in society which
governs conduct
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- FORMS OF NORMATIVE CULTURE:
1. Normative system culture
specific to social order and to
society. (ex. The way that we give
in to the old people. The way that
we have extended family - 18 yrs
old whether male or female will be
kicked out of the house in USA
while in the Phil. It is not like that)
Normative- laying down standards
of behavior to which we ought to
conform if the rule affects us.
2. Dogma- associotaed or related to
religion ex. After life, one God.
3. Customs- regulates the interaction
or what has been; tradition (ex.
Fiestas,x-mas)
-usage or practice common
to many
4. Mores
- you can get marry at the age of
- idea of morals- associated with
morals which defines acts which
are right in relation to one man to
another.(ex. Parent to physically
discipline child strict parents)
- values and behavior that are
accepted by a particular group,
culture
5. Norms are not necessarily legal
norms are distinguished by legal
norm from non-legal norm.
a.) The identification of the
emitter of the norm
(where it came from)
b.) The nature of its
consequences (ex. if it
is penal there will be
fines or imprisonment)
ALLOTT
- noted that a legal system is not
necessarily only obeyed because
of the physical force lurking
behind them.
- Law is law bec. It is a law. (ex.
Circular argument- why did you do
that? You just have to follow him
bec he said so)
- A good resonate with you; a law
should seem right to a vast
majority with people.
ROUSSEAU
- man is born free yet everywhere
he is chains. One thinks himself to
be the master of others, and yet
remains a greater slave than they
(meaning of social contract to
him) ex. Employer has
responsibilities towards his
employees
- Law is a restriction of rights (ex
18. You cant marry less than 18)
- Every law given rights also limits
them.
- You might think you are free but
actually you have a lot of
impediments to freedom. Ex.
Public freedom
- While a ruler gives commands he
is less free than his subjects.
- Rosseau defines law One way to
define law is to look at the
functions it performs in society.
KARL LLEWELLYN: Law jobs theory
- law - jobs theory it is a general
account of the functions of legal
institutions in social groups of all
kinds.
2 main kinds of problem
addressed by Law jobs theory
1. Adjudication of differences
means of resolving the
differences (ex. By the
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 INTRODUCTION TO LAW - AUFSOL
Ocampo, M. / Quiambao, T. / Rojo, K.

Judiciary, DOJ, Quasi judicial- 5. Use of law to give effect to

DOLE) certain private arrangements.
2. Providing authority structure- (ex. Provision of law on
constituted and recognized contract oblicon)

Kinds of law jobs- Judiciary and JOHN AUSTIN

Congress
- not all laws are commands but
THEAS LECTURE: procedures (ex. Tax refunds pay
LAW JOBS THEORY tax first)
- every social group has certain - it is a command separate from
basic needs, w/c are catered for society- John Austin
by the social institution of law by - Theory of legal positivism
helping ensure that the group a. The law is command issued by
survives as such by providing for the sovereign
the prevention of disruptive b. Such commands are backed by
disputes within the group. threats of sanctions
should disputes arise among the c. A sovereign is one who is
members of the law must provide habitually obeyed.
means of resolving them. HART
- In his book the concept of law
ROBERT SUMMERS social group must have certain
rules which impose duties upon
-Define law : one way to define law the members of the group
is to look at the functions it concerning standards of behavior.
performs in society - System of rules - HLA HART
- same approach with karl PRIMARY VS. SECONDARY
llewellyns law jobs theory
ROBERT SUMMERS 5 Primary rule
TECHNIQUES OF LAW- Five basic law
techniques of law used to impose duties, obligations
implement social policies: on individuals
- are substantive rules that give you
1. Law is used to remedy rights and duties
grievances 1. criminal, civil, laws of contract,
2. Law is used as a penal real property, and torts
instrument Secondary rule
3. Use of law as an instrument - procedural which sets rules and
with which to promote certain methods employed to obtain ones
defined activities right, in particular, how the courts
4. Use of law for managing are conducted
various governmental public - supports the primary rule in
benefits (ex. Education and developed and complex societies
welfare policies) - PROCEDURAL

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 INTRODUCTION TO LAW - AUFSOL
Ocampo, M. / Quiambao, T. / Rojo, K.

1. rule of recognition( who is the - The law itself may not change but
proper authority) its interpretation has
to remedy the problem that - The law is not very clear
there will be no settled MAX WEBER
procedure for resolving doubts 3 types of authority/ identification
as to the nature and authority of authority:
of an apparently legal rule. ( ex.
Constitution) 1. Personal characteristics
charismatic leader; his
2.rule of change personal and individual
to remedy the problem that characteristic
there will be no means of 2. Traditional authority always
changing the rules in been of authority ex.
accordance with changes in Monarchy, tribal communities
the circumstances of the such as elders in tribal
social group. (ex. communities; obedience to
Ammendments and repeals) the leader or regime
3. rule of adjudication
- provides for officials (judges) to 3. Bureaucratic/rational-legal
decide disputes authoritatively.
- To remedy the problem that the - through rules and procedures ex.
primary rules will be inefficiently Elections
administered because their - Most societies have elements of
enforcement will be through more than 1 type
diffuse social pressures within the - Who determines authority?
group. (ex. Rules of court MTC, (summers and Llewellyn) Studies
RTC) in various disciplines show that a
- Hart: a law can not be considered a legal order must provide:
law forever recognition of legitimate authority
(ex. You dont know who to follow),
RONALD DWORKIN means of resolving disputes,
mechanisms for facilitating
- inheritance interpersonal relationships ex.
DURA LEX SED LEX ; VERBA Verbal obligation; no rules on
LEGIS marriage (basic judicial system)

HOLMES EMILE DURKHEIM

The life of the law has not been
logic; it has been experience... The law
embodies the story of a nation's
development through many centuries,
and it cannot be dealt with as if it
contained only the axioms and
corollaries of a book of mathematics.
- What keeps society together?
If law were suddenly relaxed,it is
unlikely that society would
immediately plunge into chaos
and disorder(personal discipline)

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 INTRODUCTION TO LAW - AUFSOL
Ocampo, M. / Quiambao, T. / Rojo, K.

- Emile Durkheims study of 2 - The individual joins a portion of

contracting societies his power with that of his
1. Simple, technologically neighbors
underdeveloped identical - Society, through law, confers
interests of the whole; security as to life
same jobs and goals you - The constitution does not protect
either conform or get out; us from deprivation of life, liberty,
use repressive law; or property
- Only, it requires due process
Gemeinschaft - give a before we can be so deprived
little take a little COMMIT YOURSELF TO SOCIETY
- changing nature of the law such
2. Advanced societies use as:
compensatory laws (object + laws on motor vehicles
is not to punish but to solve +intellectual property
grievances by trying to +nationalization policies of the
restore the aggrieved govt ex grace poe
person to the position he or + laws of adoption
she was in prior to the +laws of trade ex. ASEAN
dispute); different jobs not
towards the same goal; -LAW IS NEVER STATIC
maybe interdependent; -LAW CAN ONLY BE UNDERSTOOD
winner takes it all attitude IN TERMS OF THE SOCIETY IT
or compromise. WORKS IN. INTERPRETAION OF
gesellschaft- winner take LAWS VARIES
all
Function of law: dispute KELSEN
settlement 1. Gemeinschaft and
gesellschaft Just as the essence of the
community constituted by law is
PARSONS most clearly revealed when their
- consensus view of society existence is in question, so it is
- society is a system that maintains that the significance of the basic
social stability and order norm becomes especially clear
when a legal system, instead of
FERNANDEZ being changed by legal means is
replaced by revolutionary means
- Man is fundamental and has a (ex. People power = revolutionary
natural propensity to achieve the government)
good life
- No man can secure this for - understand the essence of the law
himself (you want something when someone tries to change it
more_
- Society springs up as a necessity WHY DO WE OBEY THE LAW?

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Ocampo, M. / Quiambao, T. / Rojo, K.
+ fear of punishment
+ belief that the expected action
is the proper one
+ acceptance of authority
-Under ARTICLE 3 OF THE CIVIL CODE:
IGNORANCE OF THE LAW EXCUSES NO
ONE FROM COMPLIANCE THEREWITH- a
society can survive
LAW AND MORALITY
- a societys code of morality
MORALITY
- early philosophers believed that
human law was derived from
divine law
- since gods law constituted the
absolute criterion of good and evil,
human law was then beyond
criticism ex 10 commandments
- morality is relatve
ST. THOMAS AQUINAS
- the criterion by which to
determine what is good from what
is evil is the criterion of
reasonableness. inner voice
- 2 kinds of liability
1. general conditions-
2 proposition under the general
principle: a.) the holds only
liable only the actual wrong
doer b.) blameworthiness a
persons liability will depend on
whether the person maybe said
to be morally blameworthy
2. Specific conditions- it depends
of particular offenses ex. Theft
intent to deprive, unlawful
taking ex. Pick pocket vs.
robbery- intent to deprive,
unlawful taking, it attended by
force, violence, intimidation
all requisites must be met
otherwise you wont be held liable
FULLER
FULLERS PROCEDURAL RULES:
1. Rules are in place
2. Rules known to all affected
3. No retroactive effect
4. Understandable
5. Consistent
6. Not impossible
7. Not changed frequently
8. Coincides with administration
Procedural need to comply with
procedures (notice to the parties)
- prior notice, hearing, and
documentation
DUE PROCESS; you can be deprived
but not without due process.
(Fernandez)
Substantive: they tell you what you need
to comply with.
- comply with simple rules
FINNIS
(they are not good because they are
taught morally good)
FINNIS BASIC PRINCIPLES:
- knowledge
- play
- aesthetic experience
- sociability
- practical reasonableness
- religion
Morality
- How it affects law
Not all natural; it also
involves humans as well
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Ocampo, M. / Quiambao, T. / Rojo, K.
most people think of
morality in terms of sex and
violence.
Cases: *drug abuse and hazing
*R. vs. BROWN
Facts: 6 appellants were convicted of a
no. of offenses under the offenses
against the person (ACT 1861)
(homosexual; acts of sado-masochistic
violence; videotaped)
Issue: Whether the law should interfere
in the private affairs of adults who
consent to certain sexual practices
-consent
-Private morality
Held: It is not in the public interest that
people should try to cause or should
cause each other bodily harm for no
good reason which breed and glorify
cruelty.
Dissent: Lord Mustille: Consent valid
defense
Lord Devlin: the limits of tolerance( or
rather the boundaries of socially
acceptable behavior) change. ; public
debate; believed that it was an
unacceptable to distinguish public and
private immorality; society should use
law to no such thing as private
immorality
JOEL FEINBERG
- Utilitarian concept of ethics an actual
philosophy in which the happiness of the
greatest no. of people in the society is
considered the greatest good.
(it cannot offend you if you dont see it)
- if a private item is determined by
threat of punishment to actually search;
ex. Doing in the backyard 1:10
impossiblity to be caught
- Private immoralities are deterred
by punishment. (must find the
wrongdoers but impossible because you
do it in your private abode)
RONALD DWORKIN
- moral convictions may be
enforced by CRIMINAL LAW.
- (it most be so offensive that we
can get into a consensus; ex.
MURDER)
- not liking it will not make it
illegal
- MORALITY IS RELATIVE:
depends on society
according to your society
(ex. Divorce: legal in US;
illegal in the Phils.)
changes overtime- ex. 2015:
divorce is legal in other
states; LGBT can marry
US)
RPC Art. 333 Adultery and Art. 334
Concubinage
Adultery married woman; has an affair
with sexual intercourse
Concubinage man brings mistress in
conjugal dwelling; sexual intercourse
scandalous circumstance; cohabitate
elsewhere
When a female gets pregnant, do you
know the mother? YES.
REASON FOR A HARSHER LAW FOR
ADULTERY: female gets pregnant:
mother = knows who the father is; while
in the case of the father = cannot
determine whether it is his.
- Also, to protect the family unit.
Some cases:
-Conjoined twins: Murder with intent
although doctors have the duty to save
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 INTRODUCTION TO LAW - AUFSOL
Ocampo, M. / Quiambao, T. / Rojo, K.
Jody, they must also respect the life of
Mary.
(The case went to the high court which
ordered that the separation should go
ahead, and then quickly on to the court
of appeal, where judges said they had
been faced with an agonising decision.
In the end they came down in favour of
Jodie's right to life. "Mary has always
been fated for early death," said the
senior judge, Lord Justice Ward.
"Though Mary has the right to life she
has little right to be alive.
"She is alive only because, to put it
bluntly but nonetheless accurately, she
sucks the lifeblood of Jodie and her
parasitic living will soon be the cause of
Jodie ceasing to live.)
- On Censorship
-MTRCB PG; R- kids cannot see it
-Obscenity black and videos
before- basic guidelines: whether the
average of contemporary person;
whether the word depicts unapplicable;
lacks serious literacy (what is ok and
not?)
Caveat:
- Some actions are illegal, though
not immoral
- Ex. Driving without a seatbelt
- Some actions are immoral, though not
illegal
Ex. Premarital sex of single ladies
1987 constitution:
ARTICLE 2, Sec. 6: Separation of Church
and State shall be inviolable (it is
untouchable) Government should not
engage itself in the affairs of the church.
Ex. RH LAW; no tax for churches
Church can criticize the state; it
should provide moral guidance
State
1. Do not show preference for any
religion
2. Cannot appoint army chaplain
3. Public Schools
CIVIL CODE : ARTICLE: 19, 20, 21
- refer to moral values; catch-all
provisions in the civil code
because the congress knows all of
the possible craziness.
- Breach of promise to marry = 1.
Humiliation; 2. Expenses; 3
Virginity
LAW AND ECONOMICS
The logic of law and economics:
Economics is the most advanced of the
social sciences, and the legal system
contains many parallels to and overlaps
with, the systems that economics have
studied successfully Judge Richard A.
Posner, 1989
* All of us, no matter what age, statute,
and so on, we already encounter
economics.
ECONOMICS provides a normative
standard for evaluating law and policy;
Laws are instruments for achieving
social goals, and economics predicts
the effects of policies on efficiency.
(you can use economics in passing a
law)
- changing the legal relations governing
society: ECONOMICS AS A TOOL
- Economics provide systematic
measures to evaluate behavior.
PRISONERS DILEMMA: *form of Game
Theory
In the traditional version of the game,
the police have arrested two suspects
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Ocampo, M. / Quiambao, T. / Rojo, K.
and are interrogating them in separate
rooms. Each can either confess, thereby
implicating the other, or keep silent. No
matter what the other suspect does,
each can improve his own position by
confessing. If the other confesses, then
one had better do the same to avoid the
especially harsh sentence that awaits a
recalcitrant holdout. If the other keeps
silent, then one can obtain the favorable
treatment accorded a states witness by
confessing. Thus, confession is the
dominant strategy for each. But when
both confess, the outcome is worse for
both than when both keep silent
see notes for details
GAME THEORY:
- Science of strategy; It attempts to
determine mathematically and logically
the actions that players should take to
secure the best outcomes for
themselves in a wide array of games.
The games it studies range from chess
to child rearing and from tennis to
takeovers. But the games all share the
common feature of interdependence.
That is, the outcome for each
participant depends on the choices
(strategies) of all. In so-called zero-sum
games the interests of the players
conflict totally, so that one persons
gain always is anothers loss. More
typical are games with the potential for
either mutual gain (positive sum) or
mutual harm (negative sum), as well as
some conflict.
- surpasses intuition, just as
science surpasses common sense.
COASE THEOREM:
- A legal and economic theory that
affirms that where there are complete
competitive markets with no
transactions costs, an efficient set of
inputs and outputs to and from
production-optimal distribution will be
selected, regardless of how property
rights are divided. - Coase theorem
asserts that when property rights are
involved, parties naturally gravitate
toward the most efficient and mutually
beneficial outcome.
analysis suggest that the intervention
of law and the allocation of legal duties
and rights to compensation would not
affect the final outcome.
Consider a factory, whose smoke
causes damage to the laundry hung
outdoors by 5 residents:
Eliminate problem: 1. Smoke screen =
150
2. electric dryer = 50 each resident
on their own
Cost of damages: RESIDENTS (75 per
resident )* 5 = 375
Cost of solution: Smoke screen = 150
(all-in)
electric dryer = 50 each resident =
250
- Cheaper solution is to install a
smoke screen
- If the residents have a better right
the factory will shell out the
money
- But, if the factory has a better
right, the residents will have to
shell out to achieve clean air
They will not necessarily come up
with the best solution, depending
on transaction costs.
ACCORDING TO PROPONENTS OF THE
STUDY OF LAW:
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Common law legal rules are in fact
efficient.
Legal rules ought to be efficient.
Legal processes select for
efficient rules
Individuals respond to legal rules
economically
Common law doctrines promote
efficiency
PARETO THEOREM:
- equality; you can make someone
better off without making
someone worse off.
POLICY ANALYSIS VS. POLITICAL
ECONOMY
- both strands adopt the
assumption that each individual
seeks to maximize their
preferences.
- other people.
Political Economy politicians are
motivated by personal interest
- public officials are motivated by
subjective interests.
Policy Analysis rejects the general
idea:
*is a systematic evaluation of the
technical and political implications of
alternatives proposed to solve public
problems. Policy analysis refers to both
the process of assessing policies or
programs, and the product of that
analysis.
- those who win have greater power.
- policy questions: (kapag naiiba na yung
mga gusto, not in line na sa goal)
SOLE PROPRIETORSHIP vs.
CORPORATION
- The corporation allows individuals
an alter-ego to suit their business
interests.
- Sole proprietorship individual;
Advantage: easy to set-up, Sole
control of the company
- Disadvantage: no funds to expand;
limited life/ resources; unlimited
liabilities.
(ex. Neighborhood sari-sari store)
Role of the Government:
Government intervention is seen in
periods marked by highly intrusive laws.
Other periods are of lassiez-faire, with
the government playing a passive role.
LAW AND PROPERTY
Things to consider:
Property: Implicit unequal distribution is
prevalent. Generally not equal. There is
a disparity between the ruling class and
Property rights are related to wealth.
- equal distribution among social
classes is permanent but not
equal in fact.
Durkheim: hereditary transmission of
property
- few are allowed to accumulate
property via succession.
(advantageous to children)
*in the case of Singapore they
cannot acquire real property ;
hereditary transmission is not
allowed (to give everyone the chance
to acquire properties; the disparity
between the rich and poor)
THINGS TO CONSIDER:
- each type of property has
developed a fairly specific
classification
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Ocampo, M. / Quiambao, T. / Rojo, K.
a. personal property things seen
and carried around
b. real property land: REGISTRY
OF DEEDS
c. chooses-in-action intangibles
but has monetary value;
INTELLECTUAL PROPERTY
OFFICE (ex. Patent, Copyright,
stocks and trademark)
PROPERTY RIGHTS That legal right
which is separate from the thing which
is the object of that right.
-Legal right: Property Ownership;
Property in Possession (the difference is
seen in the lease agreement)
Ex. Rentals: A owns; B is renting = A has
rights of ownership, B has rights of
possession.
Thus, several legal relationships may
arise between the property right and the
property object.
KARL RENNER:
Private property entitles power and
domination.
-Money determines power
WHY PROPERTY MATTERS?
- He argued that in acapitalist
system, property is transformed
from a mere title to dispose of
material objects into a title to
dominate.
(Private property entitles power
and domination; Money
determines power)
- According to Renner the so-called
freedom to contract or freedom
to negotiate are illusory.
- The worker only chooses his
master, he has no choice as to
whether or not he wants to work.
Employee has actually no
choice but to accept
whatever means/ terms the
employer will give.
Employee will do anything
without regards to the terms
of contract.
The employee cannot say no
to anybody.
Argument vs. Renner
- There is now an effective
separation between ownership of
property and its effective control.
- The managers, not the property
owners exercise real power (real
power = decision of day-to-day
transactions)
(ex. Shareholders controlling
shares)
Real Property Original basis of wealth
- immovable, permanent and
virtually indestructible.
- Citizens of other countries are not
allowed to own real property in the
Philippines.
o 60% Filipino-owned in
corporation and real
property
(Philippines relies on the land
registration system)
Intellectual Property Constitutionally
protected.
- The Philippines joined WIPO in
1980 (for copyright, trademark,
patent)
- Copyright right of something that
can be copied. Ex. Music, movie,
books
- Trademark mark of a trade.
- Ex. Jollibee - Every single part of
it(letterings, colors, bee) ; logo
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- Patent innovation; novel idea;
you must create something that
nobody thought of before. (with
expiration; after it expires it can
be used by other persons)
Exception: COCA-COLA no
patent and copyright.
Intellectual Property: Kantor-Navarro
Agreement (1993)
- to delist the Philippines from the
priority watch list/ blacklist of
countries covered by the Super
301 list under the United States
Trade Act.
Example: Philippines vs. U.S.
blacklisted of several companies
because of greenhills.
(1995) To have special courts to hear
Intellectual Property cases.
(1997) R.A. 8293, The Intellectual
Property Code of the Philippines was
enacted and made effective on
January 1, 1998
For education purposes:
Fair use- only a portion is copied
Other laws governing property:
- pre-nuptil agreements
- Absolute Community of Property
- Legislations regarding forest,
mining, fishery resources, clean
air, Solid Waste management, etc.
Recent Problems:
- digital technology : ex. Video-
taping; file-haring
- the internet: right to privacy ( ex.
Cyber-bullying); evidence
CARP ( Comprehensive Agrarian
Reform Program)
- the agricultural land is given to
those who actually work for it; (5
hectares per person is allowed;
which can be passed down to your
heirs) 6% payment only.
- issues of CARP: not all land is
ideal in all plots; cooperative-
owned)
LEGAL SYSTEM OF THE WORLD:
Classifications:
- Ethnic or cultural per country
(focus on greek and roman laws):
Greek highly organized society;
Roman Laws up to now latin
terms
- no more society that
strictly follows it, study: survived;
reworded.
- Religious preferences Catholic
legal system; Mohammedan
ETHNIC OR CULTURAL
1. Egyptian legal system:
- monarch: Supreme Ruler
- Oldest court record dating to 2500
B.C.
- Treaties: between King Ramses II
with the Hittie king Hattushilish III
for mutual assistance in external
attacks as well as internal revolts.
- Provided for extradition of political
offenders
- Now gone; Disappeared when the
Romans defeated Queen Cleopatra
in the battle of Actium
2. Mesopotamian legal System:
- King foundation of justice,
receiving law from divine
guidance.
- Oldest code text discovered; a
legislation of Babylon
- Code of Hammurabi; a king of
Babylon was inscribed on a pillar
of black diorite about 8 ft. high.
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o A national code of a
legislation; actual code
o Scope: crimes, family
relations, property (property
law) , commerce
(commercial law) (scope of
code of Hammurabi)
- King Hammurabi- PN which is the
oldest negotiable instrument
- now gone; disappeared under greek
rule around 10 B.C.
3. Ethnic ; Hebrew
- Their civilization was originally
nomadic & pastoral, then
agricultura, and only later
commercial
- Developed in 5 well defined stages
(LEGAL SYSTEMS)
1. Mosaic period, a
theocracy(authority & power
derived from God), pertinent
people: King Solomon (2
women and 1 baby the wisdom
of God is with him to do
judgment), Moses (10
commandments), Pentateuch (5
books known as the Torah or
ancient law Genesis, Exodus,
leviticus, numbers and
deuteronomy
2. Classic Sanhedrin( senate
other name is the Great
Synhedrion but acts like the
Supreme court)
3. Talmudic the Talmud
(compilations of reports of all
recorded cases and
commentators 1. Mishna
codified text 2. Gemara-
commentaries)
4. Medieval treaties and
compiled codes are made by
the rabbi
5. From AD 1600- around the time
were certain countries tried to
expand their territories
- time started when nationalism in
Europe prospered
- forced the Jews to relocate
4. Chinese Legal System
- Oldest surviving system
- Confusianism Confucius, 500
B.C.
Chief justice
You are only as
good as those
who are under
you.
- positive law should confine itself to
translating the natural law into
written form.
- Code of Tsing Tsa Tsing Lu Li -
1650
o Li annual edicts and
decisions; procedural
o Lu text which never
changes; code proper;
substantive
- Greatest pacifist, why?
o They have never yet
attempted to conquer
another territory
Chinese- strong clan and family
structure
5. Hindu Legal System:
- India dominated at least 6 successive
times by immigrant alien races.
- only the Indo-Aryan (Hindu) developed
a native system of law.
- 2 branches: Buddhism Gautama
Buddha
- Enlightenment
- goal: Nirvana peace
of mind and soul that comes to man
after he has overcome three cravings:
riches, sensual enjoyment, immorality
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Brahmanism/ Hinduism
Laws of Manu law-book of Brahma-
Hindu
- predominant in india
- Manu author of the system; also
a pre-historic deity
o Caste- system- division of
classes: Royals; priests;
scholars; tradesmen;
untouchables (cannot marry
one from another class;
does not mingle with the
other class)
o Caste system determines
his religious social
economic and domestic life
from cradle to grave
- Hindu Code compilation progress
of hindu jurisprudence.
6. Greek Legal System
- Developed a secular system of law
- 8th century B.C. establishment of the
polis - barangay
- 6th Century B.C.
- Solon Congressman; Law-maker
- one of his first acts was to repeal
all the legislations of Dracon, except the
laws relating to manslaughter;
-instituted the greek art of
ORATORY system means cross-
examination
- to think on your own feet.
- Jury system; prosecution by a
people
- 5 and 4th Century B.C. politics
th
- Socrates Founded The
Academy; Socratic Method (Q&A)
practiced it on Plato.
- Plato Republic ideal system
- Aristotle attended the school of
Socrates with Plato
- Philip of Macedon father of
Alexander the Great
- System of justice, but no system
of law; reactive style of justice
7. Roman Legal System:
- considered the most lasting and
pervading influence.
- an aristocratic nation controlled by the
senate.
- knowledge of the law limited to
sacerdotis publicii
ARCHAIC PERIOD - 12 tables written
code of laws whose key principles were:
- the household was the key
institution;
(men and husband - as head;
eldest son takes over when father
dies the females are under the
guardianship of the males)
- marriage was an institution for the
perpetuation of the family
- civil law marriage gave the
husband manus (power) over the
wife and children were subject to
patria
- civil law gave the husband
manus
- the rights exercised by the pater
familias included dominion over
things, powers over members of
the family, and administration of
SACRA
- Pater familias was authorized to
designate through testament a
person to succeed him as heir.
(males only)
- under Table IV (12 tables) :
Monsters or deformed children
may be put to death. Paternal
power over children during their
life to imposition.
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REPUBLIC PERIOD: YOUTH contracts, etc. Thus, earning the name

- At the peek of its conquest, Rome CIVIL LAW.
(empire) encompassed all nations - Thus, when the Spanish and portugese
- Republic to manage from a conquerors introduced legal systems to
centralized source their colonies, they brought with them
later law was initially developed what remains of Roman Law CIVIL
through Jurists LAW
- later, Emperor Agustus Caesar - When the other Universities picked it
(Caesar was a politician and general up. Roman law became common in
of the late Roman republic, who Continental Europe.
greatly extended the Roman empire (At the end of the 11th Century, the
before seizing power and making University of Bologna in Italy, started
himself dictator of Rome, paving the teaching the CORPUS JURIS CIVILIS)
way for the imperial system.)
- ius or jus means leagal system or right
or law. Roman juristis use it to include
all commands of morality of law.
CLASSICAL PERIOD
- Jus Civile native law of the
- The imperial government became
Romans;
more autocratic
our law amongst
- JURISTS became official advisers
ourselves; Civil law of
- If the jurists would not reach a
Romans
consensus on a question of law,
- Jus Gentium foreign law; set of
resort to majority opinion, if the
rules were put in place to govern
jurists are still divided , then the
relationships with, and between
judge on the case will exercise his
non-romans
discretion.
- For non-Romans, their disputes were
- Legal education became
settled through their own laws.
important, as it became a
- later, recognizing the superiority of the
requirement for government
jus gentium, the ius civile was
employment.
broadened to embrace many of the
- The JUSTINIAN CODIFICATION is
fundamental principles common to legal
confident as the most significant
systems of the nations under Rome.
_____ in the history of Roman law
- When Roman Citizens invoked ius
CORPUS JURIS CIVILIS; CIVILIS
gentium for cases in which the ius civile
JUSTINIAN:
provided no remedy or an inadequate
A. Institutes of Justinian official
one, the new law came to be referred to
elementary textbook on Roman law
as JUS AEQUUM.
for law students; Institutes of Gauis
- Jus Aequum equity; not set in
B. Digests Pandects; excerpts
stone; general principles; the one who
from the works on classical Roman
provoked is the one who pays (depends
Law by 39 jurists.
on the situation)
C. Codex Constitutionem all
- The Roman Law which has survived is
imperial enactments; 10 books
limited to private law Tort, property,
(codification); with repeal of all

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ordinances excluded. (Their
Constitutional (public) law; Civil law)
D. Novellae Constitutiones Post
Codican
- Novels new imperial ordinances
or statutes issued after the revised
codex; addendum (Succession; Religious
and Ecclesiastical law)
8. Celtic Legal System Druidism
religion which acknowledges a god that
delighted in bloodshed, believed in the
immortality of the soul; inculcates the
concept of danger and deah; influenced
the government; power and minds of the
people supplied imperfection of laws.
- Druids are priests who are powerful
enchanters
- left nothing written.
9. Slavic System notable nations in
Slavic legal history are the: Russian,
Serb, Bohemian and the Polish.
- Tolstoy rules established
- The Civil Code of the Soviet Russia ,
adopted in 1922
- This is due to the relative
unimportance of property in the Soviet
system.
10. Germanic Legal System Purely
secular. Their gods included THOR the
god of law
- As compared to Roman laws, Germanic
laws gave great attention to serving
justice for the individual. Even slaves
were allowed to live in their own house,
and to retain a certain portion of their
earnings.
- democratic settlement of disputes,
done within an assembly.
11. Japanese Legal System
The 17 maxims of SHOTOKU are not
really rules of law but they are
principles to live by; a short code (not
codified) of political and social
cooperation
- In 1853 Japans international
seclusion was broken.
- The barons denounced the government
for cooperating with foreigners
- 1889 unwritten consitution
- Japan was a military state
- In an attempt to rule Asia, it had tried
to invade its neighboring countries.
- At that time, China maintained a
tenuous control over Menchuria.
12. Anglo-American Legal System
- A. Common Law- from customs and
traditions; Only the king had the power
to do something; based on previous
judicial decisions
- Angle Land = England
- William Duke of Normandy became
master of England
- Prior to the Norman Conquest :Custom
is the rule, in which those common
customs form part of the law of the land;
it is general
- The time, the country was divided; king
has set-up his different courts to settle
disputes
- Out of the many diverging customs, the
kings judges build a uniform system of
law enforced throughout the kingdom
COMMON LAW
- As common law is rigid and formal in
order to grant relief, resorted to
equity.
- Equity found itself establishing
jurisdiction over matters where the
common law failed.
Ex. Under Common Law, the only
remedy for breach of contract was
damages, but under equity, the remedies
of injunction and specific performance
were found.
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-The most famous maxim of Equity:
1. He who comes in equity must come
with clean hands;
2. Equity will not suffer a wrong to be
without remedy (for every wrong there
is a way to make it right);
3. Delay defeats Equity;
4. Equity looks to the intent rather than
the form. (laws on speedy trial)
- Both law and equity are part of
what is now called the COMMON
LAW TRADITION. Equity prevails.
COMMON LAW VS. CIVIL LAW
Common law principle of Stare
Decisis, when it is not found in the code
look at previous decisions.; equity
- U.S. common law origins
- most states observe common
law practices except Louisiana Roman
Law tradition
- John Marshall Chief Justice
from 1801-1835; was the first to proclaim
the DOCTRINE OF JUDICIAL
SUPREMACY (interpretation of the
constitution)
Civil Law there is a written law about
it.
RELIGIOUS SYSTEM:
1. Catholic
- Canon law of the Roman Catholic
Church began to develop alongside
Roman belief indigenous law in Europe,
after the end of Roman Empire retreat
of ancient Roman Law.
- It attempted to legislate in detail for all
phases of human life (clerical,
ecclesiastical, social, domestic) from
the cradle to grave.
POPE considered to be more
powerful than kings as he is the
one who advices them.
- It had its own penalties and prisons
- In 1917, the Council of Trent
responded to the issue raised by
Protestant reform ( 1 king wanted to
divorce his wife, Catholics did not allow,
so he shifted to Protestantism)
- The most important ______________, dealt
with marriage law
- On Jan. 25, 1993, Pope John Paul II
promulgated the present Code of Canon
Law, which has the force of law for the
whole latin church.
- canon law courts own courts; subject
to catholic practices (canon lawyers
practice this field)
2. Mohammedan
- this legal system was founded in A.D.
600 by Mohammed (or Mohamet)
- It is notable that in A.D. 800 1200 was
considered the Dark Ages of Christian
Europe. At that time, therefore, the
Arabs were the sole vehicle of the
worlds active intellectual and artistic
progress. (Outside of Eastern Asia)
Islam Submission of God
3 sources:
1. Koran word of God; written down by
Mohammed
2. Sunrah Sayings and conduct of
Mohammed
3. Treaties of Jurists developed from
those fundamentals the legal rules
applicable to all affairs of life.
The law or Shariah is part of the religion
and not separate.
COMMON LAW previous decisions form
part of the law of the land
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CIVIL LAW written law

SOCIALIST LAW Everybody is equal

whatever services and goods are to be
divided equally.
- Nobody will have more than the
others;
- They have socialized means of
production and give the state and
expanded role;
Sources of Law:
1. Primary
1.1 Statutory
- Constitution
- Treaties
-Statutes
- Administrative Orders,
regulations, Ordinances
1.2 Case Law stare decisis

2. Secondary supplementary sources

of law
1. Case digests
2. Treatises and Textbooks
3. Bar Reviewer
4. Legal Periodicals
5. Encyclopedia
6. Law Dictionary

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