READINGS IN PHL HISTORY 1ST SUPPLEMENTARY HANDOUT – FINALS PERIOD

Law— can be simply defined as an instrument of justice; take note that justice is
owing to all. Hence, if D, the debtor, does not pay C, the creditor, that would be
an injustice to the latter; here, the court of law, if warranted by the facts (if
proven as true/factual), to render justice to C, should order D to pay the debt.
However, one must not forget that justice works both ways. Thus, justice insofar
as the debtor is concerned means that court procedures applicable to him should
be followed, among others.

Article 2, Civil Code of the Philippines. Laws shall take effect after fifteen days
following the completion of their publication either in the Official Gazette or in a
newspaper of general circulation in the Philippines, unless it is otherwise
provided.

COMMENTS: This rule, together with the principles on “Dura Lex Sed Lex” and
“Rule of Law/Government of Laws and not of men,” present problems to many
persons for, generally, people are not lawyers or even law students to know and
understand laws and yet we are all theoretically expected to know and follow
laws; hence, the makers of this article provide that laws should be published so
that the public is informed. Indeed, how can one follow a rule or law unless one
is informed. “Laws” here (Pls. see the list of laws under the “Supremacy of the
Constitution” principle below) include any Philippine law (examples: Republic Act
[RA], Implementing Rules and Regulations [IRRs], and Revenue Regulations) and it
does not distinguish as to what kind of law; however, local laws (ordinances) are
governed by the Local Government Code of 1991, RA 7160, as to publication. In
addition, laws that are “internal,” that is applicable only to personnel of a
government office (example: policy of uniforms of government employees) are
not required to be published since it does not concern the public.

If the law does not state when it shall take effect, the general rule of 15 days here
shall apply.
Note that, under the Civil Code, one day is equivalent to 24 hours. Thus, if the law
says that it shall take effect after 20 days and publication in the Philippine Star
was finished at 1A.M. last Dec. 4, 2015, one should start counting the number of
days on Dec. 5; the reason is that Dec. 4 is no longer a day, for there were only 23
hours left.
“unless otherwise provided” – refers to the matter of when the law shall take
effect,; it does not mean dispensing with/setting aside the requirement of
publication; truly, publication is a must to ensure fairness for how can a person
follow a law unless he/she is properly informed.

“Dura Lex Sed Lex” – The law may be harsh, but it is the law (and we must follow
it). Thus, applying this legal maxim, a person in spite of his being rich or poor, or
station in life, for example, stand to suffer the penalties (as well as meet/comply
with seemingly harsh obligations) provided in laws, such as that of imprisonment
prescribed for commission of crimes.

Article 3, Civil Code of the Philippines . Ignorance of the law excuses no one from
compliance therewith.

COMMENTS: Ignorance/lack of knowledge is not an excuse; otherwise, by simply

invoking/saying lack of knowledge will always be an easy way to get out of any
legal liability/responsibility; hence, there will be injustice.

This is a necessary rule for all civilized society. Otherwise it would be impossible
to enforce the law. It is very hard to determine whether or not a person really
does not know the law. Without this rule, there would be anarchy. The law
sacrifices occasional harshness to prevent universal anarchy (Prof. Balane, UP
Law, 2001)

Take note that this article does not distinguish as to what kind of law is covered;
hence, one must not distinguish. Thus, the rule is applied with respect to criminal
laws, civil laws, labor laws, tax laws, or ordinances, among others. For example,
an employer may not claim that he was not informed and does not know of the
existence of the 13th Month pay Law, a Labor Law.
“therewith” – pertains to the law

Exceptions to the rule (that is, when ignorance is an excuse) – when lawyers differ
as to what a particular law means; indeed, if they could not agree as to its
meaning, how do we expect lay individuals to understand such law?
There are potential methods to mitigate the severity of Article 3 – Articles 526 (3),
2155, and 1334, Civil Code of the Philippines (Balane). In addition, one may cite
Article 4, Labor Code of the Philippines.

Rule of Law Principle/Government of Laws and not of Men—under this legal

concept, “No one shall take the laws into his own hands.” This means that a
person should follow what the law says and not what his/her feelings or emotions
dictate for the latter may lead one to wrongdoings; indeed, the law should be
followed considering that the same expresses the will of the people (This is why,
for example, a Republic Act is called as such – for such law is deemed an act of the
Republic, of the people). Truly, our country has a government which, in serving
its principal, the people that is, uses the law in governing the latter.

Art. 7, Civil Code of the Philippines. Laws 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.

COMMENTS:
This Article emphasizes the SUPREMACY OF THE CONSTITUTION PRINCIPLE
• Article 7 is obvious because time moves forward.
• Only subsequent laws can repeal (simply, to cancel/annul/revoke) prior laws
either through:
1. A repealing clause (a statement saying that a law has been cancelled/revoked)
2. Incompatibility of the subsequent and prior law
• The violation of a law is not justified even if:
1. No one follows the law (i.e., nonpayment of taxes)
2. There is a custom to the contrary
• The 2nd par. of Article 7 is judicial review in statutory form. (Balane)
Take note that laws can become ineffective thru a court of law declaration saying
that the law is illegal or unconstitutional; unless and until there is a law made by
congress which is totally inconsistent with a previous one or there is a court of
law declaration of nullity, as mentioned, laws should be followed considering the
Rule of Law principle, among others.
Based on the foregoing, we have the “HIERARCHY OF PHIL. LAWS:”

CONSTITUTION

Republic Act (RA)/ACT/Commonwealth Act (CA)/Batas Pambansa

(BP)/Presidential Decrees (PD) of Pres. Marcos/Executive Orders (EO) of Pres.
Corazon Aquino; Code of Commerce (and other laws made by Congress or by a
Philippine President)

Subordinate Legislation (Implementing Rules and Regulations

[IRRs}; Rules of Procedure; Revenue Regulations [RR]; and other issuances of
certain executive offices under EO 292, Administrative Code of 1987, that are
treated as laws

Ordinance

COMMENTS: The arrows show what law is superior or inferior in relation to the
others; hence, an arrow pointing upward means that the law above said arrow is
superior/shall prevail and must be followed. Here, the Constitution prevails in
case of conflict with RA 7160, for example. Also, based on these levels, an RA
prevails in case of conflict between it and an ordinance; an RA is superior
compared to an IRR; and an ordinance is inferior to all other laws. Here,
generally, the theory is that when more people has approved the law, it means
that it is superior compared to the others; hence, since an ordinance is only
approved by few local lawmakers, it is inferior in relation to the others. IRRs and
the like are inferior to RAs and laws of the same “rank” for subordinate legislation
only seek to provide details missing in said RAs; therefore, if an IRR contains
rules/matters in conflict with an RA, the IRR is unlawful and cannot be applied
(Gatmaytan, UP Law, 2015).
Article 8, Civil Code of the Philippines. Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines.

COMMENT: Here, “judicial decisions” refer to Supreme Court (SC) decisions, and not decisions
of lower courts of law, such as those of written by Regional Trial Court (RTC) judges, because its
decisions are made by persons (SC justices) considered the best and brightest lawyers skilled in
legal matters. SC decisions are considered laws since the SC merely says, when it interprets,
what the laws provide.

DOCTRINE OF SEPARATION OF POWERS

The Philippines is a democratic and republican state. As a republican state, sovereignty resides
in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1).
“A Republican form of government rests on the conviction that sovereignty should reside in the
people and that all government authority must emanate from them. It abhors the
concentration of power on one or a few, cognizant that power, when absolute, can lead to
abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the
passionate fires of anarchy. Our people have accepted this notion and decided to delegate the
basic state authority to principally three branches of government — the Executive, the
Legislative, and the Judiciary – each branch being supreme in its own sphere but with
constitutional limits and a firm tripod of checks and balances .”

NOTE: In summary, the basic functions/powers of the 3 different branches/departments of the

national government may be presented in this manner:

1. LEGISLATURE/LEGISLATIVE BRANCH – MAKES laws

2. EXECUTIVE BRANCH – EXECUTES/IMPLEMENTS laws
3. JUDICIARY/JUDICIAL BRANCH – INTERPRETS laws

Hence, when a person wishes to question the legality of the act or omission of the Register of
Deeds (“RD,” which is under the Executive Branch/Department) in connection the sought
transaction of transferring the title of land in his/her name, he/she must properly question it by
filing a case before a court of law (Judicial Branch/Department) since such government body
INTERPRETS the law in connection with the duty/function of the RD to EXECUTE/IMPLEMENT
the relevant law, such as PD 1529, The Property Registration Decree. The Judicial Branch is said
to be the INTERPRETER of the law since, when it handles cases, it looks into the pieces of
evidence in connection with pertinent laws and thereafter gives its own legal opinion; thus, it is
as if the court of law gives its own understanding as to the meaning of a poem, only that facts
and laws are involved in a legal controversy.

PRINCIPLE OF CHECKS AND BALANCES

Corollary to the doctrine of separation of powers is the system of checks and balances.
Montesquieu, a French political philosopher, believes that power should be a check to power.
This corollary principle is provided by the Constitution to secure coordination between and
among the branches of government. Thus, courts of law can declare acts of the executive and
the legislative departments as unconstitutional. (examples: unlawful arrest made by the police
in violation of the Article 3, Section 2 of the Philippine Constitution; unreasonable laws made
by Congress based on Article 3, Section 1 of the Philippine Constitution )