FIRST WEEK - However, we know that not everything permitted by law is
considered morally good. An act is considered legal if it does
a. Discuss In re: Jouaquin Borromeo, 214 SCRA 405, A.M. No.
93-7-696-0, 21 February 1995.
b. Discuss Department of Education Culture and Sports v. San
Diego, G.R. No. 89572, 21 December 1989
c. What is law defined by St. Thomas Aquinas?
Law (St. Thomas Aquinas)
- "Law is an ordinance of reason promulgated by competent authority
for the sake of common good."
1. A just law is an ordinance of reason
- a good law must be reasonable; it must be a product of
careful and serious deliberation. For ex., the law against
driving under the influence of alcohol is based on concrete
findings that alcohol consumption causes loss of control and
coordination.
2. A just law is properly promulgated
- for a law to be effective, it must be clearly communicated to
all the people concerned. When a school or any organization,
for instance,enacts a new sets of policies,they often provides
students with handbook for them to know, understand and
follow these policies.
3. A just law must be decreed by competent authority
- Only persons with legitimate authority have the power to
create and implement laws for their respective communities.
4. A just law ought to be for the sake of common good
- First of all, it presupposes the promotion of and respect for
the dignity and freedom of each person. Secondly, it should
foster the social well-being and authentic development of the
community. Lastly, it should promote true and lasting peace.
not contradict any state law, while an act is considered
morally good if it it's nature, intention, and circumstances
are all positively good for the person as a person-in-
community.
d. Define law (Sanchez Roman).
Law (Sanchez Roman)
- “In a strict, legal sense, law is a rule of conduct, just and obligatory,
laid down by legitimate authority for common observance and benefit.”
1. It is a rule of conduct
- laws serve as guides of an individual in relation to his
fellowmen and to his community.
2. Law must be just
- laws, as guides for human conduct, “should run as golden
threads through society, to the end that law may approach its
supreme ideal which is the sway and dominance of justice.”
3. It must be obligatory
- if laws are not enforced, the purpose for which they are
intended will not be served.
4. Laws must be prescribed by legitimate authority
- if laws are not prescribed by legitimate authority, the people
could not be expected to observe them.
e. What are the sources of law?
Law is derived from different sources, namely: (1) legislation; (2)
precedent; (3) custom; and (4) court decision.
1. Legislation
- upper and lower house (the senate and the congress)
2. Precedent
- stare decisis
- the decisions of the court with competent jurisdiction shall
be binding upon inferior courts
 3. Custom
- Have the force of law only when they are acknowledged and
approved by society through long and uninterrupted usage
4. Court Decisions
- judicial decisions which apply or interpret the Constitution
and the laws are part of the legal system in the Philippines
but they are not laws.
Doctrine of Stare Decisis
- to stand by things decided
- once a case has been decided one way, then another case
involving exactly the same question or point of law should
be decided in the same manner
f. Discuss the hierarchy of laws (Article 7, Republic Act No.
386 or the Civil Code of the Philippines).
The Constitution – supreme law of the land, it is the basic
paramount law to which all other law must conform and to which all the
persons, including the highest officials of the land must defer.
1. Constitution
- it was created by the sovereign people through the
ratification process
2. Statutes
- created by the congress
3. IRRs
- written by agencies in the Executive branch to put statute
into force
4. Jurisprudence
- citing a provision of a higher level of law will win over a
provision of an inferior law
Article 7 of the New Civil Code, RA 386:
- Law are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse
or custom or practice to the contrary.
- When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.
- Administrative or executive acts, orders and regulations
shall be valid only when they are not contrary to the laws or
the Constitution.
g. What are the parts of law? Explain each.
1. Title
- which expresses the subject matter of the law
2. Preamble
- that part of the statute following the title and preceding the
enacting clause which states the reasons or the objectives of
the enactment
3. Words, Phrases, and Sentences Context
- the meaning the law should, however, be taken from the
general consideration of the act as a whole and not from any
single part, portion or section or from isolated words and
phrases, clauses or sentences used
4. Punctuation
- It is an aid of low degree in interpreting the language of a
statute and can never control against the intelligible meaning
of the written word
5. Headings and Marginal Notes
- if the meaning of the statute is clear or if the text of the
statute is clear they will prevail as against the headings,
especially if the headings have been prepared by compilers
and not by legislature
6. Legislative Definition and Interpretation
- if the legislature has defined the words used in the statute
and has declared the construction to be placed thereon, such
definition or construction should be followed by the courts
 SECOND WEEK r. Dicuss Tecson v. COMELEC
a. Discuss Section 1 of Article II of the 1987 Constitution. s. Discuss Poe-Llamanzares v. COMELEC
t. What is a citizenship reacquisition?
Section 1. The Philippines is a democratic and republican State. u. Examples of how Philippine citizenship is lost.
Sovereignty resides in the people and all government authority v. Discuss Section 2 to 5 of Republic Act 9225
emanates from them. w. What is dual citizenship?
x. What is dual allegiance?
b. What does democratic and republican state mean? y. Distinguish dual citizenship from dual allegiance?
z. Discuss Mercado v. Manzano
A republic by definition is a form of government where governing
the country is a matter of public interest instead of the private concern
of a ruling dynasty that inherits its political power from their ancestors
(monarchs). People in power get there through a system that is meant to
include the interests of every citizen.
A democracy is a type of government where all the citizens of the
country have a say in the governance of the country — typically by
majority vote to elect representatives who have their best interests in
mind.

c. What is a State?
d. What are the elements of a State?
e. What is de jure government?
f. What is de facto government?
g. What is the ministrant (propriety) function of the
government?
h. What is the constituent (governmental) function of the
government?
i. Differentiate government and administration.
j. Discuss sovereignty
k. What is citizenship?
l. Who are the citizens of the Philippines? (Section 1, Article 4
of the 1987 Constitution)
m. What are the three distinct modes of acquiring citizenship?
n. What is jus soli?
o. What is jus sangguinis?
p. What is naturalization?
q. Who are natural-born Filipino citizens?