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“Law is an ordinance of reason promulgated by competent authority for the sake of common good.”
- Law is based upon reason and not upon custom, will, politics or power.
A just law is an ordinance of reason – A good law must be reasonable; it must be a product of careful and
serious deliberation. (e.g. The law against driving under the influence of alcohol is based on concrete
findings that alcohol consumption causes loss of control and coordination.)
A just law is properly promulgated – For any law to be effective, it must be clearly communicated to all
the people concerned.
A just law is decreed by competent authority – Only persons with legitimate authority have the power
to create and implement laws for their respective communities. (They are knowledgeable enough.)
A just law ought to be for the sake of common good – A just law presupposes the promotion of a respect
for dignity and freedom of each person. It should foster the social being and authentic development of
the community. Lastly, it should promote true and lasting peace.
Law is defined as a rule of conduct just and obligatory, laid down by legitimate authority for common
observance and benefit.
LEGISLATION – Before the declaration of Martial Law, the power to legislate laws is vested in the
Congress which consists of the Senate and the House of Representatives. After Martial Law and
the dissolution of the old Congress, the power to legislate laws is vested in the President of the
Philippines. This is the reason why the Pres. Issued presidential decrees and letters of instruction.
PRECEDENT – decisions of principles enunciated by a court of competent jurisdiction on a question
of law do not only serve as guides but also as authority to be followed by all other courts of equal
or inferior jurisdiction in all cases involving the same question until the same is overruled or
reversed by a superior court.
CUSTOM – have the force of law only when they are acknowledged and approved by society
through long and uninterrupted usage.
Requisites before the court considers custom.
o Must be proved as a fact according to the rules of evidence.
o Must not be contrary to law.
o Must be a number of repeated acts and these repeated acts must have been
uniformly performed
o Must be a judicial intention to make a rule of social conduct
o Must be acknowledged and approved by society through long and uninterrupted
usage.
COURT DECISION - Judicial decisions which apply or interpret the Const. and the laws are part of
the legal system in the Philippines but they are not laws, they are evidence of the meaning and
interpretation of the laws.
CONSTITUTION -> STATUTES -> IMPLEMENTATION OF RULES AND REGULATIONS -> JUDICIAL DECISIONS
Constitution – supreme law of the land. It was made by the people for the people.
Judicial decisions
** Judicial decisions are not laws. (judicial decisions shall form part….. -Art. 8 of Civil Code)
- Democracy assumes that in a society of rational beings, the judgment and experience of the many will,
in most instances, be superior to the judgment and experience of the few.
- The verdict of the majority will more likely be correct than that of the minority.
- No man is beyond or above the law. Laws must be obeyed by all and applied to everyone.
- Everyone is accountable to laws that are publicly promulgated, equally enforced and independently
adjudicated and which are consistent with int’l human rights norms.