Natural Law Prelims Reviewer

Natural Law Reviewer (Atty. Bermudo)

The Philippines
- A civil law country because of Spain
- A common law country because of USA and UK
- Natural Law country because of Christian traditions
- Decide cases based on morals, customs, tradition
- Art. 11 & 12 of NCC

Philosophers and their comments on Natural Law (NL)

- Heraclitus - NL as rational harmony and order
- Sophocles - NL as “higher law”
- Antigone - “immutable unwritten law”
- (9) Plato - distinguished what is just in NL and Human Positive Law
- Stoics - men must live consistently with nature to gain life discipline and calmness
- Epictetus - NL is engraved in the hearts and minds of men
- St. Paul - conscience must NOT be guided by customs & traditions by but LOVE & REASON
- (17) St. Augustine - Good faith present in ALL MEN

Self-Evident Precepts of Natural Law (RJFE)

1. Righteousness - virtue of doing what is right
- What is good is to be done
- What is evil is to be avoided
- Good is in accord w/ nature of man and is UNALTERABLE
2. Justice - Giving to somebody what is due to them
3. Fairness - Show no partiality, prejudice, favoritism
- Sexism - no voting
- Racism, religion, gender
4. Equality - People considered equal regardless of sex, age, religion, status in life.

(25) Basic Inclinations of Man (GESCI)

1. Seek the Good
- Eternal happiness with God (Highest good)
2. Preserve himself in Existence
3. Preserve the Species
- Uniting sexually
4. Live in Community
- With others. To belong.
5. Use our Intellect and Will
- Make our own decisions
- Seek the TRUTH
- Human beings are natural truth seekers

(26) Natural Law

- The objective standard of what is right/wrong?

https://docs.google.com/document/d/15_ApgSw56nzYNEt_tm8uBaWe-UatCvCgp43qT4Hzz1Q/mobilebasic 06/08/2019, 1Q40 PM

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 - The objective standard of what is right/wrong?
- Remember our QUIZ. According to sir:
- Yes, generally
- No, because culture differs
- (e.g. Honor killing in Afghanistan is allowed)

St. Thomas Aquinas

- If law deflects from nature and is unjust, it is no longer a law, but a perversion of it
- Controversy:
I-edit gamit
Abortionang Docs app
- Roe v. Wade - SC ruled Woman has right to her body
- LawGumawa
is unjust:
ng mga pagbabago, mag-iwan ng mga komento at ibahagi sa mga iba pa upang ma-edit nang
- sabay.
1. Contrary to Human Good
- E.g. if law benefits the king and not the public
- 2. Contrary to Divine Good
SALAMAT NA LANG KUNIN ANG APP
- E.g. idolatry

Oposa v. Factoran
- “Inter-generational responsibility”
- Children were the litigants
- JUSTIFIED by Natural Law

Hugo Grotius
- Father of International Law
- Used NL to build the structures of rules dealing w/ relations of states w/ one another
- Par in parem non abet imperium
- “Among equals, no state is considered superior”

(43) John Locke

- NL as basis of doctrine of Natural Rights
- Natural Rights are inherent & inalienable
- Justifies people’s withdrawal of support of governmental power when gov’t fails the will of the people
- People have inherent right to withdraw support
- BUT! Should be the last resort
- Can still change gov’t through electoral process and political rights

(49) Oppositive use of Natural Law

- Refuse to obey the law because blind obedience to authority should not be practiced. Hence, OPPOSE
- Not necessarily to disobey.
- (50) For advocates, “nonviolent noncooperation with evil is as much a duty as is cooperation w/ good”
- E.g. Gandhi opposed the British through NL
- NOTE: THIS WILL PROBABLY COME OUT IN THE TEST. “Explain in 3-4 sentences”, according to notes.

Regulatory use of NL
- (51) Rooted in ancient maxim: lex injusta non est lex
- “An unjust law is not a law”
- (52) “Unjust” in the sense that law “is not allowed to deviate from the NL nor can be altered or abrogated” -
Cicero
- (53) Used because of two grounds:
- 1. Legislators should not enact statutes contrary to precepts of natural law. Statutes violating NL will produce
an adverse reaction from the people. (legislative interference)

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 an adverse reaction from the people. (legislative interference)
- E.g. (56) Anti-semitic legislation in Germany during WWII.
- 2. (57) Courts should hold statutes null and void if people expressed preference for precepts of NL.
- Even if such statutes are not contrary to the Constitution.
- (judicial interference)

(65) Interpretative use of NL

- Utilizes NL as interpretive alembic to express or put into effect the legislative intention
- Ratio legis est anima: “The spirit of the law is in its soul”
- Use of NL construction if particular situation or condition within its purpose.
- E.g. Testators can pass properties to heirs when they die. But if the heir kills the testator to acquire the latter’s
property, then it does not fulfill the purpose of the law.

Legal Positivists
- Believe that the law is what the State has enacted and what it will enforce.
- CAN’T enforce NL unless there is corresponding law enacted by the State
- (59) Disagreement with Regulatory use:
- 1. (60) NL is not part of a legal system
- Nullifying a statute through NL is a policy matter.
- Courts should not rely on NL in legal orderings of scoiety
- 2. (61) NL has no place in a politically organized society
- Since there is no particular established religion
- Alternatively, Islam is strongest advocate of NL
- 3. (62) NL is antithetical to a good legal order.
- Advances idea that legislations can be adjudged twice (1st by Consti, 2nd by NL)
- Becomes “judicial coup d’etat”
- Judiciary ‘taking over’ the powers of legislative and executive (nullifying said laws and orders to
make way for NL)
- (68) Dominated against NL after Enlightenment (renaissance) of 18th Century.

Main criticism against Natural Law: Enforceability

- (69-70) NL CANNOT BE ENFORCED
- Difficult because it is not written
- E.g. Friend borrowed money and won’t pay back. Can’t prove because no evidence.
- What the State has enacted is what it will enforce

Criticism against Legal Positivism

- Some laws enacted by lawmakers do violence against reason and justice and may not always pursue the common
good.

(72-76) Natural Law as a whole

- Philippines has a very strong natural law tradition
- Principles of justice and equity found in Constitution and laws.
- E.g. Human Relations in Civil Code of Phil.
- Articulated also that in the absence of a law, judge has to decide based on customs, traditions, and principles of
fairness and equality
- Justice JBL Reyes:
- MEMORIZE:
- “There is no other end but justice, no other master but law, no other guide but conscience.”

https://docs.google.com/document/d/15_ApgSw56nzYNEt_tm8uBaWe-UatCvCgp43qT4Hzz1Q/mobilebasic 06/08/2019, 1Q40 PM

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