Introduction to Law - New Civil Code to obtain

stability
Atty. Teodoro Lorenzo A. - The law’s supreme ideal is the
Fernandez sway and dominance of justice
3. Obligatory
Recommended Annotations: - The purpose as to which they are
1. Rodelio T. Dascil, An Introduction intended to be enforced
to Law, (2013 ed.) 4. Prescribed by legitimate authority
2. Rolando A. Suarez, Introduction to - The authority makes people
expect to observe the law
Law, (2013 ed.)
- Authority to make laws is gives
to those duly chosen by the
LAW
sovereign will of the people.
- A system of rules that is prescribed,
- Section 1, Article II of the 1987
recognized and enforced on a
Constitution​: “...sovereignty
community/nation by legitimate
resides in the people and all
authority to regulate the actions of its
government authority emanates
members,
from them.”
- Any rule of action or norm of conduct
5. Ordained for the common benefit
that is applicable to all kinds of action to
- Salus Populi Est Suprema Lex​:
all kinds of creation — all laws
“the welfare of the people shall
- St. Thomas Aquinas​: “law is an
be the supreme law”
ordinance of reason promulgated by
competent authority for the welfare of
SOURCES OF LAW
the people.”
1. Legislation
● Ordinance of reason - rules and
- vested in the Congress of the
norms of conduct
Philippines (Senate and House
● Competent authority - those who
of Representatives)
are vested by the people; the
● Martial Law
gov’t, Senate and House of
- vested in the President of the PH
Representatives
- Presidential decrees (force of
● Welfare of the people - for the
law) x letters of instruction
general good of all Filipino
● Batasang Pambansa
citizens
- headquarters where decisions are
- Sanchez Roman​: “law is defined as a
made with the House of
rule of conduct, laid down by legitimate
Representatives
authority for common observance and
- President continued to make
benefit.”
decrees when there is an
emergency
ELEMENTS OF LAW
● People’s Revolt 1986
1. Rule of Conduct
- In accordance with the will and
- Serves as guides of an individual
wishes of the sovereign
2. Law must be just
Filipinos, 3 branches under the

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 doctrine of separation of powers - Wrong decisions should not be
are restored perpetuated, but rather,
- Brought about a democratic and abandoned.
effective system that responses
to the needs of the people HIERARCHY OF LAWS
2. Precedent 1. Constitution
- Decisions and principles - Supreme/highest law of the land
enunciated by competent - All laws must abide, or else void
jurisdiction - Last part of Article 7 —
- Guide and authority that should universally accepted principle —
be followed by all courts equal is a “constant reminder” for the
or of inferior jurisdiction officials to prevent abuse of
- Can be overruled/reversed by a power.
superior court 2. Statutes
● New Civil Code - “Judicial Decisions - laws are passed by the
applying or interpreting the laws or the legislatives
Constitution shall form a part of the legal - Congress cannot provide every
system of the Philippines.” detail of the law
3. Customs 3. Administrative Orders
- Requirements for a custom: a) - Authorized to implement law
must be proven factual - Issue the rules and regulations to
according to the rules of enforce the law.
evidence; b) must not be 4. Regulations
contrary to the law; c) there - Promulgated rules and
should be a repetition of acts and regulations that should not
these should be uniformly extend the law, otherwise void.
performed; d) a judicial intention
to make a rule of social conduct, CONSTITUTIONALITY OF A LAW
and e) acknowledged and - The Supreme Court is empowered by the
approved by society through Constitution to declare the
long and uninterrupted usage. unconstitutionality of a law. The vote
4. Court Decisions required is the majority of the justices.
- Decisions of the court are not - To declare the law unconstitutional:
laws ● The effects contravenes the
- Evidence of the meaning x Constitution and principles
interpretation of the laws ● Arbitrary method may have been
● Stare Decisis established
- Once a case was decided one ● The legislative body cannot
way, another case involving the enact it
same questions and laws should
be decided in the same manner. PARTS OF THE LAW
1. Title
- Subject matter of the law

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 - Can only help in the construction c) Terms used in the statute
of the statute should be used in the
- The general statement of the act same sense as it was first
2. Preamble defined
- States the reasons/objectives of d) Legislative definitions
the enactment of similar terms in other
- Does not create/grant a right statutes may be resorted
- Not a source of government to except when the law
power declares that the
3. Body/Context definition is limited to
- language of the statute consists the application in the
of words, phrases, and sentences statute they appear.
- Intention of the legislature (an
organized body that can make BASIC PRINCIPLES OF THE
laws) CONSTITUTION
- Meaning should be derived from - The 1987 Constitution of the Philippines
the act as a whole, not from any is founded upon fundamental principles
single section/portion of the government and has been part of
4. Punctuation our democratic heritage as people
- Aid of low degree and never (culture).
controls the meaning of the Principles
written word 1. Recognition of the aid of Almighty God
- Apparent in accordance with 2. Sovereignty of the people
legislative will = may be used as 3. Renunciation of war as an instrument of
an additional argument national policy
5. Headings and Marginal Notes 4. Supremacy of civilian authority over the
- These are notes, not by the military
legislature, but by compilers 5. Separation of the Church from the State
- If the meaning and text of the 6. Recognition of the family as a basic
law is clear, then that shall social institution and the vital role of the
prevail youth in nation-building
6. Legislative Definition and Interpretation 7. Guarantee of Human Rights
- The legislature defines texts and 8. Government through suffrage
construction, thus should be 9. Separation of Powers
followed by the courts 10. Independence of the Judiciary
a) Interpreted in a certain 11. Guarantee of Local Autonomy
manner - courts should 12. High sense of Public Service Morality
follow instruction and accountability of public officers
b) Conflict - interpretation 13. Nationalization of natural resources and
clauses < legislative certain private enterprises that are
meaning in the totality affected by public interest
of the statute 14. Non-suability of the State
15. Rule of the majority

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 16. Government of laws and not of men ➔ Obtained letter of credit with a sum of
P80,000
IN RE: JOAQUIN BORROMEO, 241 SCRA ➔ Failed to pay and so sanctioned for
405, A.M. NO. 93-7-696-0, 21 FEBRUARY P73,529.09
1995 ➔ Blas C. Abril, Jacinto Jamero, Ronald Sy
- “It is said that a little learning is a United Coconut Planters Bank
dangerous thing; and that he who acts as ➔ Executed a real estate mortgage of a
his own lawyer has a fool for a client” 122-square meter lot
- He is not a lawyer, but has read some ➔ Sold to Samson K. Lao for P170,000
law books without the knowledge and consent of
➔ Superficially possesses some the UCPB
knowledge of legal principles ➔ Borromeo failed in the fulfillment of his
and rules obligations
➔ 16 years; instituting proceedings ➔ To prevent anymore delinquencies,
- Former Chief Justice Enrique Fernando: Samson K. Lao made a loan with UCPB,
“with all valor of ignorance , he has the offering the immovable as a collateral
audacity to joust in litigations and ➔ UCPB agreed as long as Loa
proceedings” consolidates his ownership over the
- Is also taken to account for knowingly property = Borromeo opposed
spreading scurrilous statements against ➔ Cancellation of Lao’s application =
the Court, the officers, lawyers and all lawsuits by Borromeo
those that are of his adversaries. Security Bank and Trust Co.
- There attacks on legal proceedings were ➔ Obtained 5 loans with a sum of
generated by 3 transactions with 3 P189,126.19
different banks: ➔ Performance bond with Summa
1. Traders Royal Bank (TRB) Insurance Corp. with a limit of P200,000
2. United Coconut Planters Bank
(UCPB) DECS VS. SAN DIEGO, G.R. NO. 89572, 21
3. Security Bank and Trust Co. DECEMBER 1989
(SBTC) - “The issue before us is mediocrity. The
➔ Failed to oblige in the question is whether a person who has
contractual agreements failed the NMAT 3 times is entitled to
➔ Imposed his own terms & take it again.”
conditions - Graduated from UE, BS Zoology
➔ Banks refused = lawsuits - Took the NMAT three times and failed
- Not less that 50 cases/proceedings, the same number of times
throwing baseless & outlandish - Went to RTC of Valenzuela to compel
complaints & contentions to the Court. his admission to the test
Traders Royal Bank
➔ 1st mortgage of P45,000 to Socorro STATE
Thakuria (sister) and Teresita Lavarino - Community of human beings
➔ 2nd mortgage of P10,00 permanently occupying a definite portion
of territory and has an organized

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 government to which inhabitants render - Exercised by qualified
habitual obedience. and chosen people
- Political/legal concept b) Direct (Suffrage)
Elements of a State - electoral process (honest
1. People and universal suffrage)
- Inhabitants of a State, subjects to - The right to vote
be governed
- Capable of maintaining GOVERNMENTS ACCORDING TO
existence of community LEGITIMACY
- Held together by a common 1. De Jure - established by the authority of
bond of law the legitimate sovereign
2. Territory 2. De Facto - established by the defiance of
- Has 4 domains: the legitimate sovereign
● Terrestrial - fixed a) Gets control by force/voice of
portion of land majority
● Fluvial - rivers and lakes b) Established by invasion of
● Maritime - certain area military forces
of the coasts of the sea c) Independent government; rise
● Aerial - air above the from parent state
land and its waters
3. Government FUNCTIONS OF GOVERNMENT
- Aggregate of institutions by 1. Constituent
which society makes and carries - Establish the very binds of
out rules of actions society; keep the order
- Political control by the body of - Protection of people and
men property
- Rules/laws = men to live in a - Fixing legal relations
social state 2. Ministrant
4. Sovereignty - These are optional functions
- Supreme power to command and - For the welfare of the people
enforce obedience - What the private capital would
- The people have the right to not undertake
constitute, change, and define - What it is better to be equipped
the jurisdiction of the gov’t in public welfare
- Article II, Section 1 of the 1987
Constitution​: “the Philippines is CITIZENSHIP
a democratic and republican - Personal and permanent membership in a
State. Sovereignty resides in the political society
people and all government - Possession of full civil and political
authority emanates from them.” rights
a) Indirect (Public Officials) - Imposes duty of allegiance to the State
- People can’t govern - Article IV, Section 1​: “The following are
themselves directly citizens of the Philippines: a) those who

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 are citizens of the Philippines at the time Section 4: Derivative Citizenship
of the adoption of this Constitution; b) - Any unmarried child below 18 years,
those whose fathers or mothers are those who re-acquire shall be deemed a
citizens of the PH; c) those born on citizenship of the PH.
January 17, 1973; of Filipino mother; Section 9: Civil and Political Rights and
who elect Philippine Citizenship upon Liabilities
reaching the age of majority, and d) - Those who retain/re-acquire shall enjoy
those who are naturalized in accordance full civil rights and be subject to all
with the law.” liabilities and responsibilities under the
Modes laws of the PH. Conditions are:
1. Jus Soli a) Right of suffrage must meet
- The place of birth is the basis of Article V, Section 1
citizenship b) Seeking elective public still have
- Irrespective of parent’s requirements and sworn
citizenship renunciation of any other
2. Jus Sanguinis citizenship
- Blood relationship c) Oath of allegiance
3. Naturalization d) Practice of profession needs
- Forming/formally adopting a license/permit
foreigner noting him with the e) Cannot vote/run for office: 1)
rights and privileges of naturalized, and 2) part of
citizenship military in another country
- Cannot be a voter and run for
office LEGISLATIVE POWERS
Dual Citizenship Law: RA 9225 - The authority under the Constitution to
- Liberalize the reacquisition and retention make, alter, and repeal laws.
of the natural born citizenship, for: - Article VI, Section 1​: “The legislative
a) Filipinos who lost their power shall be vested in the Congress of
citizenship the Philippines which shall consist of a
b) Became a citizen of a foreign Senate and a House of Representatives,
country except to the extent reserved for the
Section 2: Declaration of Policy people by the provision on initiative and
- All citizens of another country shall not referendum.”
lose their Philippine citizenship Bicameralism
Section 3: Retention of PH Citizenship - Having double legislative chambers =
- Taking the oath of allegiance Senate and House of Representatives
a) Support and defend the 1. Advantages
Constitution ● A 2nd chamber is
b) Recognize and accept the necessary for a more
supreme authority careful legislation
c) True faith and allegiance ● Training ground for
d) Obligation without purpose of future leaders
evasion

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 ● Representation for both closed to the people,
regional and national responsive and sensitive
interests to needs
● Less susceptible to B. Qualifications
bribery - Natural-born
● Traditional form = - At least 25 years old
tested and proven - Able to read and write
2. Disadvantages - Registered voter
● Not worked out as an - Resident for not less
effective “fiscalizing” than 1 year preceding
● No assurance of better election
legislation C. Party-list System
● Produces duplication of - broadest possible
efforts and serious representation of all
deadlocks interests
● More expensive to - Various sectors of
maintain society should be heard
● Only wealthy - Usually from elite social
individuals get to make classes
it - Voted at large by the
Senate people
- 24 Senators that are voted by large = D. Sectoral Representatives
election held on 2nd Monday of May - 20% total representation
- Term of office shall be 6 years and shall - No single party must
commence noon on June 30 (cannot be hold 3+ party-lost seats
changed) - Non-traditional political
- Qualifications: a) natural-born; b) at least parties
35 years old; c) able to read and write; d) ➔ Greater
registered voter, and e) resident for at participation of
least 2 years preceding election day the marginalized
House of Representatives ➔ Represent the
- Lower chamber voiceless
- Composed of not more than 250 - Social justice
members, also known as the mechanism and healthy
“congressmen” democracy
- Elected from legislative and - After 3 consecutive
congressional districts and through a terms = win seats in the
party-list system House of
A. Term Representatives
- 3 years = noon on 30th
day
- Not more than 3 BILL
consecutive terms; be - A bill is a draft of a law

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 - Submitted to consider its adoption to the 8. Submission to Joint Bicameral
legislative body Committee
Step to turn a Bill into a Law - Differences of House and
1. First Reading Senate’s bill shall be
- Member presents the proposed compromised/reconciled
bill - Conference Committee of
- Filed with the Office of the members of both houses
Secretary 9. Submission to the President
- Read by number, title, and - Approved by both Houses =
names of authors transmitted to the President
2. Referral to Appropriate Committee - Either signs it to a law or vetoes
- Study and consideration and sends back veto message
- May conduct hearing and (forbid/deny)
consultation meetings - No communication within 30
- Approves: with/without days = bill becomes a law as if
amendments he signed it
- Recommends substitution Other Bills
- Disapproves: natural death 1. Revenue Bills
unless the House decides - Purpose is to save the raise of
otherwise revenue
3. Second Reading 2. Tariff Bills
- Forwarded to Committee on - Imposing customs duties for
Rules revenue purposes
- Calendared for deliberation to 3. Increase of Public Debt
read for the 2md time - Creates public indebtedness
4. Debates - Issuance of bonds and forms of
- General debate is opened and obligations from taxation
sponsorship speech 4. Bill of Local Application
- Amendments may be proposed - Local/municipal concerns
- May either “kill” or pass the bill - Creating/changing name
5. Printing/Distribution 5. Private Bill
- Printed the final forms and - Private interest = granting
distributed franchise/ corp.
6. Third Reading - Compensate personal damages
- Only title is read wherein the gov’t is liable
- Nominal voting: yeas and
nays/abstain EXECUTIVE POWER
7. Referral to Other House - Article VII, Section 1​: “The executive
- Other house does the same power shall be bested in the President of
procedures the Philippines.”
- Final signed by: Senate - The power to administer laws
President/Speaker of the House ➔ Carrying into practical
operations

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 ➔ Enforcing their due observance - Congress shall proves who shall serve as
President the President with same restrictions
- The Chief Executive Vice Presidents Acts as President
- Qualifications: a) natural-born; b) - acting, does not mean incumbent
registered voter; c) able to read and President
write; d) at least 40 years of age, and e) 1. Fails to qualify
resident for at least 10 years preceding 2. President is not yet chosen
election 3. Temporary inability/incapacity of the
- Term of 6 years; re-election is prohibited President to discharge his powers/duties
Vice President Vice President becomes President
- Member of the Cabinet without - can also serve the full term
confirmation 1. Died or permanently disabled
- Same qualifications as the President 2. VP shall serve the expired term
- 6 years, no more than 2 successive years Sections 9
Elections - President will nominate from Senate and
1. System of Direct Voting House of Representatives
- Direct popular elections - Winner of majority by the Congress
a) More democratic, and keeping - Confirmed by the Congress
with the Filipino culture Section 15
➔ Individually vote leader a) Appointments within 2 months before
of choice the end of term are prohibited
➔ Long history and ➔ Stop possible misuse enlisting
experience political support and for partisan
b) Popular support = courage to consideration
effect policies to promote the ➔ Midnight Appointment: last
greater good minute appointments
➔ Strong national b) Vacancies prejudice public service and
executive who can deal endanger public service = temporary
with problems of natural appointments
survival and unite ethnic ➔ Urgent in public interests
groups ➔ Permanent = debatable
2. Congress in case of a tie Call-out Power
- Vote of majority by all members - The President is authorized to call-out
of the Congress the Armed Forces to suppress lawless
- 2nd Monday of May violence, invasion, and rebellion
Section 8 - The President is the
- In case of death, permanent disability, Commander-in-Chief, but he is not a
removal from office or resignation = VP member of the Armed Forces
becomes the President ➔ Has control of military
- If the same happens to the VP = Senate organizations
President or Speaker of the House shall ➔ Create military tribunals
act as President ➔ Ultimate demand belongs to him
- Congress also shares authority

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 ➔ Supplies money and makes laws ➔ Declaration does not equate to
for governance automatic suspension of Habeas
➔ The power to declare the Corpus
existence/state of war - Make all needful rules and regulations
Habeas Corpus with the force of law
- An order by the Court directed to the - President may place the entire
person detaining another to produce the country/only a part of it under Martial
body at a designated time and place and Law
show sufficient cause for subsidy. ➔ Emergency situations
- Privilege of the Writ ➔ Ensuring the safety of the Nation
➔ further order from the Court to - Preservation of Public safety and hood
release an individual if detention order
has no legal cause / authority - President must submit report within 48
➔ Explanation of the cause of his hours from the proclamation of any
detention suspension.
➔ Court decides whether he/she is - The Congress is required to review the
sent back to custody or is set free proclamation
- Power to Suspend the Privilege ➔ Majority of the votes may
➔ There must be invasion/rebellion revoke the proclamation
and the public safety requires
suspension JUDICIAL DEPARTMENT
➔ Shall not exceed the period of 60 - Judicial Power = the power to interpret
days and apply the law
➔ Applies only to those judicially ➔ Between state, private persons or
charged for rebellion or is individuals
directly connected with the ➔ Contests and disputes
invasion = person can be ➔ Duty of the courts of justice
released if not charged within 3 Scope of Judicial Power
days; the right to bail is not 1. Adjudicatory Power
impaired - Settle actual controversies
Martial Law involving rights which are
- All laws administered by the military legally demandable and
forces enforceable.
➔ Military law proper - Determine if there has been a
➔ Governing the conduct of grave abuse of discretion
military forces (lack/excess jurisdiction)
- Civil authority > military, but it is called 2. Judicial Review
to aid in the execution of its functions - Pass constitutionality of laws
Power to Declare Martial Law - Interpret and render binding
- The same conditions as suspensions of judgement
habeas corpus 3. Incidental Powers
- Effective discharge of judicial
functions

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 - Can punish persons Supreme Court
Grave Abuse of Discretion - only one Supreme Court
- lack of jurisdiction - Highest court of the land
- Impulsive and arbitrary exercise of - 15 members including Chief Justice =
judgement vacancy is required to be filled within 90
- President/Congress cannot escape abuse days
of power - Qualifications: a) natural-born; b) at least
Inferior Courts 40 years old; c) must be a judge of a
- The lower courts are creation of law lower court and engage in the practice of
- Congress may abolish/replace lower law for 15 years+, and d) a person of
courts proven competence, probity, integrity,
1. Regular Courts and independence
a) Court of Appeals ➔ Powers
- 69 justices, 23 divisions 1. Original Jurisdiction
- Administrative, ceremonial, and a) Diplomatic Agents
non-adjudicatory functions - Ambassadors, Public Ministers
b) Regional Trial Court and consuls of foreign countries
- 720 RT judges, 13 regions - They are exempted from the
c) Metropolitan Trial Court jurisdiction here because they
- each metropolitan area/capital are considered extensions of
cities established by law their countries
d) Municipal Trial court - Consuls are not exempted from
- All areas outside the criminal persecutions
metropolitan areas b) Petitions for Issuance of Writ - also those
- Municipalities against the Courts of Appeals
e) Municipal Circuit Trial Court 01. Certiorari
- 1 or more municipalities - Lower courts transmit
grouped together according to recors to suoerior court
law for the purpose of
2. Special Courts review
a) Sandiganbayan 02. Prohibition
- 14 justices + Presiding Judge - When a party is acting
- 5 divisions without or excess of its
- Congress cannot anolish because jurisdiction, the writ
it is constitutionally recognized issues it to desist from
- Has jurisdiction over criminal further proceedings
and civil cases 03. Mandamus
b) Court of Tax Appeals - Commanding a lower
- 5 justices and Presiding Judge courts to perform a
- Created under RA 1125 and certain act which is his
amended by RA 9282 duty to do
- Commissioner of Customs =
custom duties

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 - Affirmative remedy - Judge needs security of
ordering a certain act to tenure
be done 03. Assignment within the Same
04. Quo Warranto Region
- Recover an office from - No need for consent
an individual/corp. because the whole
unlawfully holding it regions is his station
★ O.J. over all contests relating to elections 4. Change of Venue
and returns, and qualifications of the - Or place of trial
President and VP - Securing a fair and impartial trial
2. Exclusive Appellate Jurisdiction - Preventing miscarriage of justice
a) Cases of Great Public Interest - Interest of truth and justice
- Serious moment to individual 5. Rule-making Power
rights - Vested by the Constitution with
b) Elevation of Cases to the Supreme Court full legislative authority to
- The Congress should decide how promulgate rules concerning the
to elevate cases to the Supreme ff:
Court ➔ Appointment of Officials and
➔ Appeal - reviews all findings of Employees — Supreme Court
the law and facts has the power to appoint in the
➔ Certiorari - review only Judiciary in accordance with the
questions/errors of law Civil Service Law
c) Cases Involving Errors of Law 01. Protection and Enforcement of
- Cannot extend to reversing facts Constitutional Rights
- Limited to question of law - Protect the rights of the
3. Assignment of Judges of Lower Courts people
- Executive department transfer - Prevent unequal
judges, but only with the application of the law
approval of the Supreme Court - Avoid the conviction of
01. Temporary Assignments someone/accused who
- Enhances independence may be innocent
of judiciary 02. Pleading
- May be made without - Act of presenting one!s
the judge’s consent claim, answer, or
- Must only be for 6 arguments in
months prosecution of an action
02. Permanent Assignments - Presenting issues for
- Should have consent of trial
the judge - Written complaints and
- Need the extension of a answers thereto
new appointment by the
President
03. Practice of Law

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 - Performing services in - Make people faithful to
the court of justice our justice system that
- Includes legal advice will protect their rights
and counsel ★ Congress has the power to
04. Procedure repeal, alter, or amend rules by
- Method by which the Supreme Court
substantive rights may ➔ En Banc — “as one body”
be enforced in the courts Cases that must inlove En Banc
of justice are:
05. Admission to the Practice of 01. All cases involving the
Law or to the Bar constitutionality of a treaty,
- Becomes a member of international/executive
the bar when authorized agreement, or statute
by the Supreme Court to - always
practice law - Concurrence of majority
- Has qualifications, of its members
preparations and passed 02. Constitutionality of operation of
examination presidential decrees
06. Integrated Bar 03. Administrative cases
- The official national - decision for a dismissal
unification of the entire of a judge from lower
lawyer population court
- Requires financial 04. Cass heard by a division of at
support and membership least 3 members or En Banc
- Roll of Attorneys 05. Cases modifying or reversing a
- Purposes: elevate doctrine/principle of law laid
standards of the legal down by the court
profession; b) improve ➔ Judicial Review
the jurisdiction/admin of - Power of the courts to
justice, and c) discharge interpret the
its public responsibility Constitution and declare
better any legislative/executive
07. Legal Assistance to the act invalid
Underprivileged - Courts are the official
- Poor and uninformed interpreters of the
litigants are entitled to Constitution
legal assistance to ➔ Judicial And Bar Council -
enforce their rights principal function of
- Free access to the courts recommending appointees
are not denied to people - Members
by reason of poverty 01. Chief Justice - ex officio
chairman
02. Secretary of Justice

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 03. Rep. of the Congress - - Rules and Regulations issued by
ex officio member administrative agencies
04. Rep. of Integrated Bar - Purpose: a) afford protection of labor; b)
05. Professor of Law promote employment and human
06. Retired member of the resources development, and c) ensure
Supreme Court industrial peace based on social justice
07. Rep. of the Private Labor Standards
Sector - minimum requirements prescribed by
★ Regular members shall existing laws relating to wages, hours of
be appointed by the work, and other monetary and welfare
President for a term of 4 benefits
years Labor Relations
★ For every vacancy, the - Rules and regulations that govern the
President shall appoint relationship between employees and
from the list of at least 3 employers
nominees - Promite rights of employees to
★ Appointment should be self-organization and collective
within 90 days bargaining
Periods - Penalizes unfair labor and provide modes
- Courts must decide/resolve a of settlement of labor disputes
case/matter: Employer
1. Supreme Court — within 24 months - Any person acting in the interest of an
2. Courts of Appeals — within 12 months employer, directly/indirectly
unless reduced by the Supreme Court - Labor organization, officer, agents & not
3. Lower Courts — within 3 months unless included
reduced by the Supreme Court Employee
★ If overlapped = certification signed by - Any person in the employ of an
the Chief Justice which shall be attached employer
to record Employer-Employee Relationship
★ For the people’s right to speedy justice - existence of 4 elements:
— ​“Justice delayed is justice denied” 1. Selection and engagement of employee
2. Payment of wages
LABOR LAW 3. Power of dismissal
- Govern the rights and obligations of 4. Power to control employee to
employers and employees and providing accomplish work
rules by which rights may be enforced Control Test
- Main source: ​Presidential Decree No. - Employer has reserved the right to
442 (Labor Code of the Philippines) control the employee
➢ Enacted on May 1, 1974 (Labor - Means and methods by which work is
Day) by Ferdinand Marcos accomplished
➢ Took effect 6 months later = Management Rights
November - protected by labor laws
- divided into 6 books

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Head: Dan Lim Co-Head: Ann Gener
 - Management is an incident to the employees; b) managerial employees; c)
conduct of its business field personnel; d) family of the
1. Right to selection of employees employer who are dependent; e)
2. Right to discipline employees domestic helpers/in personal service of
3. Right to prescribe company rules another, and f) workers paid by result
4. Right to transfer/re-assign employees 1. Hours of Work
5. Right to determine company policy - Normal working hours = 8 hours
Kinds of Employment a day maximum
1. Probationary ➔ Short rest periods shall
- Not exceed 6 months from the he counted
day the employee started ➔ Waiting time is also
working considered
- Observe the fitness of 2. Meal Periods
probationary employee to work - Employees given min. of 60
= prove the qualifications minutes for regular meals
2. Regular - Prescribed by the Secretary of
- There is a reasonable connection Labor and Employment
between the task of the 3. Night-Differential
employee to the usual business - paid a min of 10% of regular
of the employer wage for each hour
3. Project ➔ Between 10pm-6am
- Hired for a specific project ➔ Rendering work past his
- Completion/termination of the bedtime
project has been determined 4. Overtime
4. Seasonal - beyond 8 hours = additional
- Work to be done is seasonal in compensation (at least 25% of
nature regular wage)
- Employment is the duration of - Overtime on holiday/rest day =
the season additional compensation (at least
5. Casual 30% of the regular rate)
- work is merely incidental (or - Undertime does not equal to
very minor) overtime (or else worker is at a
- Jon is for s definite period disadvantage
6. Fixed Term
- Employee is engaged to the CONCEPT AND NATURE OF MARRIAGE
usual business, but a completion - Permanent union of man and woman
will be determined - Article 1, New Family Code​: Marriage is
- There is a deadline a special contract, of a permanent union
Terms and Conditions of Employment between a man and a woman entered into
- this is a matter of right on the part of the in accordance with law for the
laborer establishment of conjugal and family
- Covers all employees in all life.
establishments except the ff: a) gov’t

Prepared by the Academic Affairs Committee

Head: Dan Lim Co-Head: Ann Gener
Essential Requisites enforce/protect a right or to prevent the
Under ​Article 2 of the New Family Code commission of a wrong
1. Legal capacity of the contracting parties 4. Special Proceedings - civil remedy taken
who must be male and female to establish the status or right of party or
2. Consent freely given in the presence of to establish a particular fact
the solemnizing officer. 5. Criminal Procedure - provides for the
Formal Requisites apprehension, prosecution, conviction or
Under ​Article 3 of the New Family Code acquittal of a person who is accused of
1. Authority of solemnizing officer having committed a crime
2. A valid marriage license except in the ➔ Criminal Jurisdiction: the
cases provided for in Chapter 2 of this authority to hear and try a
Title particular offense and impose
3. A marriage ceremony which takes place the punishment for it
with the appearance of the contracting 6. Evidence - the means sanctioned in the
parties before the solemnizing officer Rules of ascertaining in judicial
and their personal declaration that they proceeding the truth respecting a matter
take each other as husband and wife in of fact
the presence of not less than two 7. Rules concerning admission to the
witnesses of legal age. practice of law

CRIMINAL LAW
- That branch of public law which defines “An investment in knowledge
crimes, treats of their nature and
provides for their punishment always pays the best interest.”
― Benjamin Franklin
REMEDIAL LAW
- Provides for the remedies and the
procedures to be observed by way of
enforcing rights and obligations
- Provides for the procedure of enforcing
rights
New Rules of Court
1. Civil Procedure - treats the enforcement
and protection of rights in civil cases
2. Provisional Remedies - remedies which
may be availed of by the petitioner
which are temporary in character
because they are subject to some
modifications that may be ordered when
judgment is finally rendered
3. Special Civil Actions - an action
whereby one party sues another to

Prepared by the Academic Affairs Committee

Head: Dan Lim Co-Head: Ann Gener