Preliminary Reflections of the Nature of Law

Group 1

1E

Abella, Frederick M.

Alvarez, Atreja Rei B.

Batugal, Julius

Federico, Fiona Criscelle

Fernandez, Therese Marie

LAW AS RULES (A MISCONCEPTION)

Law as a set of rules is one of the misconceptions about Laws. For instance, if there arises a
legal dispute, the judge finds the right rule and applies it mechanically. This is how the formalist
views it. Another is sometimes when law students have become more familiar with the laws and
when they see that one has violated one aspect of the laws, they immediately look for the
corresponding penalty of such violation. In these scenarios, there is a failure to consider the human
or social factors why people violate the law or its impact on the victim. One automatically derives at
a conclusion that a person has violated the law and hence, he must be punished.

Another misconception is that law as a set of rules merely caters to efficiency like that of a
quick disposal of cases from the Court dockets. It is viewed as something that is limited only to daily
transactions. Indeed that one of the purposes of speedily resolving cases and disputes is to dispose
cases from the Court dockets but this is only on the superficial phase. The deeper reason of the quick
disposal is that parties or litigants do not have to suffer for so long before a dispute is decided or that
other pending cases may be attended to as well. Hence, the cases must be resolved for the parties
per se and not just to simply dispose them just for the sake of it.

LAW AS PROCESS

One aspect of law is that the rules provided for based on the laws are only an aspect of the
process, that they are merely transactions. However, as one author said, they only see one-tenth of
the whole picture of what a law is. They only see the tip of an iceberg. They have not seen the
reasons that support these rules or laws, its purpose, the law makers, the law breakers, or the
culture where the law is promulgated.

COMMON CHARACTERISTICS OF LAW

1. OBEDIENCE
An act of obedience to the laws is universal in nature or common and present to all
types of law. The difference lies only with the degree of disobedience. Say for
instance natural law is inviolable since it cannot be violated. An example of it would
be the law of gravity; it is inviolable. The law of man on the other hand may be
violated since it is anchored on freedom. The people may choose to violate it or not.

2. GENERALITY
The principle of generality sees laws as generally rather than particularly framed. Say
for instance a red light suggests that all vehicles must stop or that a speed limit
suggests that all drivers must adhere to this law. It means that the law is the law
regardless of particular attendant circumstances. It also suggests some sense of
advancement wherein one may think in advance of the sanctions or consequences if
one violates this particular law. Hence, it is for everyone or it is applied or
understood generally.

3. PROMULGATION
Promulgation according to St. Thomas Aquinas on his Treatise on Law is essential. He
explained that before one may actually obey the law, the law must be promulgated,
 declared, or made known to the subjects of it. It is not something that peop0le
already know. Also, he further mentioned that law is derived from legere or to
read because fundamentally, the laws are written.

4. THE RULE OF LAW

Whenever the legal issue presents itself, it must be decided by applying the accepted
principles of law. The law has its own rules and it is binding and subject to respect
and faithful compliance. Hence, the personal discretion of a judge is set aside and he
must apply the known principles of law.

A brief background of the relationship between the law and religion

In sum, this history shows two salient features: First, with minor exceptions, the history of church-
state relationships was characterized by persecution, oppression, hatred, bloodshed, and war, all in
the name of the God of Love and of the Prince of Peace. Second, likewise with minor exceptions, this
history witnessed the unscrupulous use of religion by secular powers to promote secular purposes
and policies, and the willing acceptance of that role by the vanguards of religion in exchange for the
favors and mundane benefits conferred by ambitious princes and emperors in exchange for religion's
invaluable service. This was the context in which the unique experiment of the principle of religious
freedom and separation of church and state saw its birth in American constitutional democracy and
in human history. (Estrada vs. Escritor)
The Law according to Justice Leonen

Valino vs. Adriano

G.R. No. 182894 April 22, 2014

Ponente: J. Mendoza

Petitioner: Fe Floro Valino

Respondents: Rosario D. Adriano, Florante D. Adriano, Ruben D. Adriano, Maria Teresa Adriano
Ongoco, Victoria Adriano Bayona, and Leah Antonette D. Adriano

Facts: Atty. Adriano Adriano married Rosario on November 15, 1955 and had five children during the
marriage. They were eventually separated-in-fact. Atty. Adriano courted Fe Floro Valino, one of his
clients, years later and both had decided to live together as husband and wife. Atty. Adriano died in
1992. Valino then took it upon herself to shoulder the funeral and burial expenses for Atty. Adriano
and the latter was subsequently buried in Manila Memorial Park. Rosario, who was in the United
States at the time, asked that the internment be delayed but was not heeded. She then argued that
the remains of Atty. Adriano be exhumed and transferred to the family plot at the Holy Cross
Memorial Cemetery in Novaliches, Quezon City. Valino countered that Atty. Adrianos last wish was
that his remains be interred in the Valino family mausoleum at the Manila Memorial Park.

Issue: Is Rosario Adriano entitled to the remains of Atty. Adriano?

Ruling: Yes. Article 305 of the Civil Code, in relation to what is now Article 199 of the Family Code,
specifies the persons who have the right and duty to make funeral arrangements for the deceased.
Thus:

Art. 305. The duty and the right to make arrangements for the funeral of a relative shall be
in accordance with the order established for support, under Article 294. In case of
descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In
case of ascendants, the paternal shall have a better right.

Art. 199. Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)

From the aforecited provisions, it is undeniable that the law simply confines the right and duty to
make funeral arrangements to the members of the family to the exclusion of ones common law
partner. As applied to this case, it is clear that the law gives the right and duty to make funeral
arrangements to Rosario, she being the surviving legal wife of Atty. Adriano. The fact that she was
living separately from her husband and was in the United States when he died has no controlling
significance.
Dissenting Opinion (J. Leonen):

This case is not about whether a common-law wife has more rights over the corpse of the husband
than the latter's estranged legal spouse. This case is about which between them knows his wishes.

In the present case, petitioner Fe has not asserted that she be considered a "spouse" under Article
305 in relation to Article 199 with the right and the duty to make funeral arrangements for Atty.
Adriano. What she asserts is that she was Atty. Adrianos constant companion for a long time who
was constantly by his side, showing him the love and devotion as a wife would have, who took care
of him in his final moments and gave him a proper burial. As such, there is a presumption that she
would be in the best position to relay his final wishes.

The law reaches into much of our lives while we live. It constitutes and frames most of our actions.
But at the same time, the law also grants us the autonomy or the space to define who we are.
Upon our death, the law does not cease to respect our earned autonomy. Rather, it gives space for us
to speak through the agency of she who may have sat at our bedside as we suffered through a
lingering illness.

I am of the view that it is that love and caring which should be rewarded with the honor of putting us
in that place where we mark our physical presence for the last time and where we will be eternally
remembered.

Given the circumstances, the remains of Atty. Adriano should remain in the Floro family mausoleum
at the Manila Memorial Park.
Justice

Justice, is a concept whose content several times has been subject to a philosophical as well as legal
treatment. There is no universal definition of the termFurther to this, one can say that justice
excludes randomness. The concept of justice is based on numerous fields, and many differing
viewpoints and perspectives including the concepts of moral correctness based on law, equity, ethics,
rationality, religion, and fairness.

Rawls Theory of Justice

Rawls theory of justice revolves around the adaptation of two fundamental principles of justice
which would, in turn, guarantee a just and morally acceptable society. The very foundation of the
theory of Justice by John Rawls is the concept of fairness which is based on the classical concepts of
justice by prominent philosophers The first principle guarantees the right of each person to have the
most extensive basic liberty compatible with the liberty of others. The second principle states that
social and economic positions are to be a) to everyones advantage and b) open to all.

The First Principle of Justice: Liberty Principle

The Second Principle of Justice: Equality Principle

Thomas Aquinas Concept of Justice

St. Thomas in the Summa Theologiae understands the virtue of justice to be founded upon the
notion of jus or right because, according to the classical definition of the virtue, it is by justice that
one renders to another his due by a perpetual constant will. Justice directs man in his relations to
others according to some kind of equality or rightness. Relation of rightness is what is meant by jus.
It is a right that is due to other men, and it is this object which specifies the virtue. As such, it is
logically prior to the virtue itself which perfects a man so as to render this object swiftly, easily and
gladly. Hence Thomas treats the question of jus before he does that of justice.

Justice, according to him, has two aspects, namely:

Ethical Virtue Inherent to human Being as part of the society

Juristic Norm It is a habit whereby man renders to each other his rights by a constant or perpetual
will.
Social Justice in the case of Calalang vs. Williams

Justice Laurel

FACTS:
The National Traffic Commission resolved that animal-drawn vehicles be prohibited from passing
along some major streets such a Rizal Ave. in Manila for a period of one year from the date of the
opening of the Colgante Bridge to traffic. The Secretary of Public Works approved the resolution on
August 10,1940. The Mayor of Manila and the Acting Chief of Police of Manila have enforced the
rules and regulation. As a consequence, all animal-drawn vehicles are not allowed to pass and pick
up passengers in the places above mentioned to the detriment not only of their owners but of the
riding public as well.

ISSUE:
Does the rule infringe upon the constitutional precept regarding the promotion of social justice?
What is Social Justice?

HELD:
No. The regulation aims to promote safe transit and avoid obstructions on national roads in the
interest and convenience of the public. Persons and property may be subject to all kinds of restraints
and burdens in order to secure the general comfort, health, and prosperity of the State. To this
fundamental aims of the government, the rights of the individual are subordinated.
Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the
humanization of laws and the equalization of social and economic forces by the State so that justice
in its rational and objectively secular conception may at least be approximated. Social justice means
the promotion of the welfare of all the people, the adoption by the Government of measures
calculated to insure economic stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the existence of all governments on the
time-honored principles of Salus Populi est Suprema Lex.
An Enemy of the People by Henrik Ibsen

Summary:

The protagonist is Dr. Thomas Stockmann. He has recently become popular in his small, unnamed
coastal town in Norway for working with Peter Stockmann, who happens to be his brother and the
town's mayor, to develop and build public baths, which are crucial to the town's economy. Dr.
Stockmann discovers that the baths are dangerously contaminated, and sends a detailed report and
proposed solution to Peter. At first, the town supports him, but Peter turns it against him and he is
declared an enemy of the people.

Notable lines from the play:

PETER STOCKMANN. Taking one thing with another, there is an excellent spirit of toleration in the
town--an admirable municipal spirit. And it all springs from the fact of our having a great common
interest to unite us--an interest that is in an equally high degree the concern of every right-minded
citizen

PETER STOCKMANN. You have an ingrained tendency to take your own way, at all events; and, that is
almost equally inadmissible in a well ordered community, The individual ought undoubtedly to
acquiesce in subordinating himself to the community--or, to speak more accurately, to the authorities
who have the care of the community's welfare.

DR. STOCKMANN. You may depend upon it--I shall name them! That is precisely the great discovery I
made yesterday. The most dangerous enemy of truth and freedom amongst us is the compact
majority--yes, the damned compact Liberal majority--that is it! Now you know!

ASLAKSEN. As Chairman, I call upon the speaker to withdraw the ill-considered expressions he has
just used.
DR. STOCKMANN. Never, Mr. Aslaksen! It is the majority in our community that denies me my
freedom and seeks to prevent my speaking the truth.

HOVSTAD. The majority always has right on its side.

BILLING. And truth too, by God!
DR. STOCKMANN. The majority never has right on its side. Never, I say! That is one of these social
lies against which an independent, intelligent man must wage war. Who is it that constitute the
majority of the population in a country? Is it the clever folk, or the stupid? I don't imagine you will
dispute the fact that at present the stupid people are in an absolutely overwhelming majority all the
world over. But, good Lord!--you can never pretend that it is right that the stupid folk should govern
the clever ones I (Uproar and cries.) Oh, yes--you can shout me down, I know! But you cannot
answer me. The majority has might on its side--unfortunately; but right it has not. I am in the right--I
and a few other scattered individuals. The minority is always in the right.
Analysis:

The play shows an interesting case of how the view of the majority being right could be untrue. It
also shows the danger such mentality could have by showing how democracy can be manipulated to
ones advantage through preying on the masses ignorance or passionate sentiments and as a result
silencing the minority who may be in the right.

A careful balance should then be maintained. One would have to reflect if the views of the majority
are correct, and if not, find a way to change their views without being swallowed by the fear of the
majoritys wrath and without feeling disdain for said majority.
Sources:

Aquino, R.C. (2006). A Philosophy of Law: An Introduction to Legal Philosophy. Central Book Supply,
Inc.

Tabucanon, G.M.P. (2011). Legal Philosophy For Filipinos: A Case Study Apporach. Rex Printing
Company, Inc.

An Enemy of the People by Henrik Ibsen

Callalang vs. Williams 70 Phil. 726 (1940)

Estrada vs. Escritor

Valino vs. Adriano G.R. No. 182894 (April 22, 2014)