INTRODUCTION TO LAW

Atty. Henry S. Payte, Jr., REB, REA

Ateneo de Naga University

QUESTIONS
5. International Conventions and Treaties entered by the
1. What is a law? Philippines
2. Why do we need to study law? / What is its importance?
3. What is the purpose of a law? 6. Law Journal and opinions of legal luminaries – if there is
4. How does a law or rule affect us? no law or rules or guidelines prescribing the acts or
5. How or what is the procedure in crafting and making a conducts
law?
6. Is a law absolute? 7. Decision(s) of the Supreme Court in interpreting the law
(Art. 8 of the New Civil Code) – it introduces doctrines and
Objective: to be familiarize with basic laws of the land and principles of a law
to have a WORKING KNOWLEDGE.
- Judicial decisions which apply or interpret the
LAW is a body of rules of action or conduct prescribed by Constitution and the laws are part of the legal system in
controlling authority (Government) and having binding legal the Philippines but they are not laws. However, although
force. judicial decisions are not laws, they are evidence of the
meaning and interpretation of the law.
- It embraces body of principles, standards and rules
promulgated by government. 8. Customs – consists of habits and practices which through
a lengthy and uninterrupted usage have become
- The primordial purpose of laws is for the common acknowledged and recognized by society as binding rules
benefit and must subject every citizen to their observance of conduct. They acquire recognition for the guidance of
and obedience. citizens and eventually acquire a force of law when
enforced by the State.
▪ It is based on the latin dogma of SALUS PAPULI EST
SUPREMA LEX – the welfare of the people is the - A custom shall assume a binding authority as law, by
supreme law. acquiring the following characteristics, as follows:

▪ The law must apply to all citizens, whether rich or poor, 1. It must be universal, which means that it shall be
regardless of political or religious beliefs or status in life. generally observed and practiced by the citizens of
a country;
Elements of a law: 2. It must have been observed as a right; and
3. It must have been practiced from time immemorial.
1. It is a rule of conduct – law serves as guides of an
individual in relation to his fellowmen and to his Classification of a law:
community;
1. Natural law is the binding force and compulsive authority
2. It must be just – It should run as golden threads through of which originate from the Almighty God, is considered
society, to the end that law may approach its supreme as non-jural, and is binding to all human creatures, to
ideal which is the sway and dominance of justice; all countries and a non-respecter of times.

3. It must be obligatory – if laws are not enforced, the A. Physical law refers to the spontaneous rule of the
purpose for which they are intended will not be served; universe without human intervention that governs the
conduct and movement of material and non-free
4. It must be prescribed by legitimate authority – if laws agents of the Creator;
are not prescribed by legitimate authority, the people
could not be expected to observed them. Authority to B. Moral law refers to the set of rules governing the
make laws is conferred upon those duly chosen by the conduct of mankind and defines human actions
sovereign will of the people. It is in conformity with Sec. between right and wrong according to the conscience
1, Art. 2 of the 1987 Constitution, provides that of man that are conformable with eternal and divine
“sovereignty resides in the people and all government law.
authority emanates from them”.
C. Divine law refers to the teachings of the Church and
5. It must be ordained for the common benefit – laws other religious organization setting rules and conduct
must be applied equally to all citizens regardless of their to be followed by its followers or the relations and
religion, political persuasion, or status in life. conduct should be patterned to the doctrines and rules
of the Church. (ex. Ten Commandments)
Sources of Law:
D. Public law
1. Constitution (1987, 1973 and 1935 Constitution) – mother
of all laws I. Constitutional law outlines and defines the
powers of the three branches of our government,
2. Statutory Laws – crafted and prepared by Congress namely: the executive, legislative and judicial
(House of Representatives and Senate) as approved by branches, and the instrumentalities under them.
the President or lapsed into law
II. Administrative law refers to the body of law
3. Implementing Rules and Regulations issued by the created by administrative agencies of the
Executive Department – setting guidelines for a law government in the form of rules, regulations, orders
and decisions to carry out regulatory powers and
4. Local Government Unit (Province, City, Municipality or duties of such administrative agencies.
Barangay) Ordinance
INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

III. International law refers to the compilation or body 2. Damnum absque injuria – refers to a loss or hurt or
of rules that regulate the community of nations, and harm without injury in the legal sense, that is without such
this includes treaties and their agreements entered breach of duty as is redressible by legal action.
into by sovereign countries thru their duly
accredited representatives with binding force and - It refers to the legitimate exercise of a person’s right,
effect on the signatories. even if it causes loss to another, does not automatically
result in an actionable injury and the law does not
E. Private law refers to the law or rules that regulates, prescribe a remedy for the loss. However, this principle
enforces and administer relationships among admits exception as where there is an abuse of a
individuals, associations and corporations. person’s right.

- Philippine laws have sprung from deep roots in the 3. Dura lex sed lex – the law may be harsh, but it is still the
past that were introduced into these islands along law.
with Christianity by Spanish colonizers who
implanted their despotic legal institutions in the 4. Cessante ratione cessat ipsa lex – when the reason for
Philippines. From the moment of colonization, the law ceases, the law also ceases to exist.
Spanish friars and soldiers have imposed the
Spanish laws crafted, particularly for dominance and 5. Sic utere tuo ut alienum non laedas – the owner of a
enslavement, to Filipinos. thing cannot make use thereof in such a manner as to
injure the rights of third person (Art. 431, NCC).
- When Americans came to the Philippines, they have
introduced different enforcement of their laws, such 6. Patria potesta – parental authority.
as constitutional, commercial and procedural rules.
7. Negotiorum gestio – unauthorized management.
QUESTIONS:
8. Res perit domino – the thing perishes with the owner.
1. What are the three branches of the Philippine When a thing is lost or destroyed, it is lost to the person
Government? who was the owner of it at the time.
2. What are the primary functions of the three branches of
the Philippine Government? 9. Nulla poena sine lege – there is no crime when there is
3. What government institution that administers the entry no law punishing it.
of members to the Philippine Bar?
4. What are the requirements to be a member of the 10. Caveat emptor – buyers beware.
Philippine Bar?
5. Why do we need lawyers in our society? 11. Solutio indebiti – unjust enrichment.
6. What are the primary functions of the Supreme Court of
the Philippines? 12. Aedificum solo credit – the building follows the land.
7. Is a decision of a judicial body form part of the law of the
land? 13. Accessorium sequitur principale – land is always
8. Identify the judicial courts in the Philippines. principal.
9. Distinguish judicial and quasi-judicial bodies in the
Philippines? 14. Ejusdem generis – where a statute (law or ordinance)
10. What is International treaty or agreement? describes things of particular class or kind accompanied
11. How does an international treaty or agreement bind a by words of a generic character, the generic word wull
sovereign country? usually be limited to things of a similar nature with those
particularly enumerated, unless there be something in
Bar subjects: 1) Political law and public international law, 2) the context of the statute which repel such inference.
Labor law, 3) Civil Law, 4) Taxation Law, 5) Mercantile Law,
6) Criminal Law, 7) Remedial Law, and 8) Legal Ethics. QUESTIONS:

Basic “famous” terms and definitions: 1. What is a bill?

2. Who and how does a bill being prepared?
1. Ignorance of the law – Art. 3 of the Civil Code provides 3. How does a bill pass into law?
that Ignorance of the law excuses no one from 4. How does a law become effective and binding the
compliance therewith. It originated from the latin maxim public?
“ignoratia legis non excusat”. 5. What is a rules and regulation(s)? and who issues
them?
- Conversely, without the law to govern the conduct of
men, the corrupt and stubborn will make a social Law / Statute
interaction unbearable, ignorance or a simulation
thereof will be rewarded and abuses will increase Question:
resulting in endless chaos in society.
How does a law being crafted or a bill passed into law?
- An honest mistake or error committed by a lawyer in
the interpretation or knowledge of an existing statute,
judicial precedent or rule or regulation, cannot be a 1987 Constitution:
ground for disbarment. No lawyer is bound to know all
the law. (Severino Macavinta Jr. v. People, December Section 24. All appropriation, revenue or tariff bills, bills
28, 1973). authorizing increase of the public debt, bills of local
application, and private bills, shall originate exclusively in
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INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

the House of Representatives, but the Senate may 1. Every bill passed by the Congress shall, before it
propose or concur with amendments. becomes a law, be presented to the President. If he
approves the same he shall sign it; otherwise, he
Section 25. shall veto it and return the same with his objections
to the House where it originated, which shall enter
1. The Congress may not increase the appropriations the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-
recommended by the President for the operation of the
thirds of all the Members of such House shall agree
Government as specified in the budget. The form,
to pass the bill, it shall be sent, together with the
content, and manner of preparation of the budget shall
objections, to the other House by which it shall
be prescribed by law.
likewise be reconsidered, and if approved by two-
2. No provision or enactment shall be embraced in the thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each
general appropriations bill unless it relates specifically
House shall be determined by yeas or nays, and the
to some particular appropriation therein. Any such
names of the Members voting for or against shall be
provision or enactment shall be limited in its operation
entered in its Journal. The President shall
to the appropriation to which it relates.
communicate his veto of any bill to the House where
it originated within thirty days after the date of receipt
3. The procedure in approving appropriations for the
thereof, otherwise, it shall become a law as if he had
Congress shall strictly follow the procedure for
signed it.
approving appropriations for other departments and
agencies.

4. A special appropriations bill shall specify the purpose 2. The President shall have the power to veto any
for which it is intended, and shall be supported by funds particular item or items in an appropriation, revenue,
actually available as certified by the National Treasurer, or tariff bill, but the veto shall not affect the item or
or to be raised by a corresponding revenue proposal items to which he does not object.
therein.
- Enrolled bill theory – is one introduced and finally
5. No law shall be passed authorizing any transfer of passed by both houses, authenticated by the proper
appropriations; however, the President, the President of officers of each, and approved by the president.
the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme ▪ The enrolled bill is conclusive upon the courts as
Court, and the heads of Constitutional Commissions regards the tenor of the measure passed by Congress
may, by law, be authorized to augment any item in the and approved by the President. Court is bound under
general appropriations law for their respective offices the doctrine of separation of powers by the contents of
from savings in other items of their respective a duly authenticated measure of the legislature.
appropriations.
▪ Enrolled bill prevails over journals entry, except as to
6. Discretionary funds appropriated for particular officials matters which, under the Constitution must be entered
shall be disbursed only for public purposes to be in the journal.
supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law. - Doctrine of void for vagueness – a statute or act suffers
from the defect of vagueness when it lacks
7. If, by the end of any fiscal year, the Congress shall have comprehensible standards that men of common
failed to pass the general appropriations bill for the intelligence must guess as its meaning differ as to its
ensuing fiscal year, the general appropriations law for application.
the preceding fiscal year shall be deemed re-enacted
and shall remain in force and effect until the general New Civil Code
appropriations bill is passed by the Congress.
Article 2. Laws shall take EFFECT after fifteen days following
Section 26. the completion of their publication in the Official Gazette,
unless it is otherwise provided. This Code shall take effect
1. Every bill passed by the Congress shall embrace one year after publication.
only one subject which shall be expressed in the title
thereof. - It was amended by Sec. 1 of Executive Order No. 200,
2. No bill passed by either House shall become a law which provides that: “Laws shall take effect after fifteen
unless it has passed three readings on separate days following the completion of their publication either in
days, and printed copies thereof in its final form have the Official Gazette or in a newspaper of general
been distributed to its Members three days before its circulation in the Philippines, unless it is otherwise
passage, except when the President certifies to the provided.
necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading - When a statute does not explicitly provide for its
of a bill, no amendment thereto shall be allowed, and effectivity, it shall have the effect only after the
the vote thereon shall be taken immediately expiration of the following the completion of its
thereafter, and the yeas and nays entered in the publication either in the Official Gazette or in a newspaper
Journal. of general circulation in the Philippines.

Section 27.

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INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

▪ The 1) PUBLICATION and the 2) 15-day period controversy, there is no way for the court to construe
requirements are intended to enable the people to or interpret a law; and
become FAMILIAR with the statute. They arenecessary
requisites and no one shall be charged with notice of 2. There is AMBIGUITY in the law involved in the
the statute’s provision until the said publication is controversy / issue. Meaning the law involved is
completed and the 15-day period has expired. susceptible of two or more interpretations.

▪ The publication must be in FULL or it is not publication - In case the court or judge is confronted with a problem
at all since its purpose is to inform the public of its regarding the obscurity, or silence or vagueness or
contents (Tañada v. Tuvera, 146 SCRA 446). insufficiency of the law that squarely applies to the
controversy or issue pending before him / her resolution
▪ After the accomplishment of this requirement, the or judgment, resort should be made in applying the
people are deemed to have conclusively been notified following extrinsic aids and guidelines.
of the law even if actually the people or some of the
same have not read them. - A judge cannot decline to render judgment by reason of
the silence, obscurity or insufficiency of the laws (Art. 9,
- Administrative rules and regulations must also be NCC). In other words, he must decide the case assigned
published if their purpose is to enforce or implement an to him whether or not he knows what law shall be applied.
existing law pursuant also to a valid delegation.
- In case of silence, obscurity or insufficiency of the laws, a
▪ Interpretative regulations and those merely internal judge may still be guided by the following:
in nature, that is, regulating only the personnel of the
administrative agency and not the public, need not be 1. Customs which are not contrary to law, public order or
published. public policy;
2. Court decisions, foreign or local, in similar cases;
▪ Neither is publication required of the so-called letters of 3. Legal opinion of qualified writers and professors;
instruction issued by the administrative superiors 4. General principles of justice and equity; and,
concerning rules or guidelines to be followed by their 5. Rules of statutory construction.
superiors in the performance of their duties.
- In case of doubt in the interpretation or application of the
- The Clause “unless it is otherwise provided” solely refers laws, it is presumed that the lawmaking body
to the 15-day period and not to the requirement of intended right and justice to prevail (Art. 10, NCC)
publication. Publication is an indispensable requisite; the
absence of which will not render the law effective - In Philippine Jurisdiction, our Courts usually apply
(Nagkakaisang Maralita ng Sitio Masigasig, Inc. v. statutory construction in interpreting and deciding
Military Shrine Services, G.R. No. 187587). cases.

- The omission of the publication requirement would offend ▪ It is not necessary to interpret or construct when the law
due process insofar as it would deny the public of the laws speaks in clear and categorical language. The duty of
that are supposed to govern it. the court, in such a case, is to apply the law, not to
interpret it (Go Ka Toc & Sons v. Rice & Corn Board)
- If the law provides for a different period shorter or longer
than the 15-day period provided by Sec. 1 of E.O. No. ➢ In Chartered Bank Employees Assoc. v. Ople, the
200, then such shorter or longer period, as the case may SC held that if the language of the law is clear and
be, will prevail. If the law provides that it shall take unequivocal, then read the law to mean exactly what
immediately, it means that it shall take effect immediately it says. If not, look for the intention of the legislature.
after publication.
➢ According to Justice Cruz, in People v. Sales, et al.,
Scope of the law GR No. 66469, he stated that a too literal reading of
law is apt to constrict (narrow) rather than fulfill is
Article 14. Penal laws and those of public security and usually found not in the letter that killeth but in the
safety shall be obligatory upon all who live or sojourn in spirit that vivifieth (that gives life or enlighten) which
Philippine territory, subject to the principles of public is not really evanecest or exclusive. Judges must
international law and to treaty stipulations. look beyond and not be bound by the language of
the law seeking to discover by their own lights the
Article 15. Laws relating to family rights and duties, or to the reason and the rhyme for its enactment. That they
status, condition and legal capacity of persons are binding may properly apply in accordance to its end, they
upon citizens of the Philippines, even though living abroad. need and must use not only learning but also vision.

➢ According to Former Chief Justice Ramon Aquino, in

Court Decision Villanueva v. COMELEC, GR 54718, he stated that
it is dangerous to rely on the so-called spirit of the
- Not in all occasion, however, are the courts duty bound law which we cannot see nor handle and about
to construe and interpret the laws. Two (2) requisites which we do not know very much.
must concur:
▪ In Caltex Philippines v. Palomar, statutory
1. There must be an ACTUAL CASE or controversy, construction has been defined as the art of process of
meaning, a case brought to the court by party litigants discovering and expounding the meaning and intention
to hear and settle their disputes. If there is no case or of the authors of the law with respect to its application

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INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

to a given case, where that intention is rendered

doubtful, among others, by reason of the fact that the ▪ When the Real Audiencia of Manila was established,
given case is not explicitly provided for in the law. a justice system already existed that was similar to the
judicial and administrative systems of Spain and Latin
▪ According to Justice Martin, statutory construction as America. Although the powers and functions of the
the art of seeking the INTENTION of the legislature in Royal Audience of Manila were basically the same as
enacting a statute and applying it to a given state of those exercised by the other Audiencias, several
facts. factors, such as the threat of naval attack by the Dutch
and the British and the dependence of the colony on the
▪ Construction and interpretation are not the same commerce of China, called for a different approach.
although the two terms are often used interchangeable.
- Pursuant to Article VIII of the 1987 Constitution of the
➢ Construction is the drawing of conclusions with Philippines, the Court is composed of the Chief
respect to subjects that are beyond the direct Justice and of the fourteen Associate Justices, all of
expression of the text from elements known and whom are appointed by the President from a list of
given in the text, while Interpretation is the process nominees made by the Judicial and Bar Council. An
of discovering the true meaning of the language appointment to the Supreme Court needs no confirmation
used. of the Commission on Appointments as the nomination is
already vetted by the Judicial and Bar Council, a
➢ The Court will resort to interpretation when it constitutionally-created body which recommends
endeavors to ascertain the meaning of a word found appointments within the judiciary.
in a statute, which when considered with the other
words in the statute, may reveal a meaning different - to be appointed to the Supreme Court, he must be:
from that apparent when the word is considered
abstractly or when given its usual meaning. 1. a natural-born citizen of the Philippines;
2. at least forty years of age, and
➢ When the Court goes beyond the language of the 3. have been for fifteen years or more a judge of a
Statute (Law) and seeks the assistance of extrinsic lower court or engaged in the practice of law in the
aids in order to determine whether a given case falls Philippines.
within the statute, it resorts to construction.
- The powers of the Supreme Court are defined in Article
➢ The process to be process to be used in any given VIII of the 1987 Constitution. These functions may be
case will depend upon the nature of the problem generally divided into two – judicial
presented. And, both processes may be used in functions and administrative functions.
seeking the legislative intent in a given statute. If the
legislative intent is not clear after the completion of ▪ The administrative functions of the Court pertain to the
interpretation, then the court will proceed to subject supervision and control over the Philippine judiciary and
the statute to construction. its employees, as well as over members of
the Philippine bar. Pursuant to these functions, the
▪ The situs (place) of construction and interpretation of Court is empowered to order a change of venue of trial
written laws belong to the judicial department. Thus, in order to avoid a miscarriage of justice and to appoint
under the principle of checks and balances, courts all officials and employees of the judiciary.
may declare legislative measures or executive acts
unconstitutional. ▪ The Court is authorized to promulgate the rules for
admission to the practice of law, for legal assistance to
the underprivileged, and the procedural rules to be
Philippine Supreme Court
observed in all courts.
- It is the highest court in the Philippines. The Supreme
Philippine Bar
Court was established by the Second Philippine
Commission on June 11, 1901 through the enactment of
its Act No. 136, an Act which abolished the Real - A bar candidate must meet the following academic
Audiencia de Manila, the predecessor of the Supreme qualifications:
Court.
1. Holder of a professional degree in law from a
▪ (Royal Audience of Manila) was the Real Audiencia of recognized law school in the Philippines;
the Spanish East Indies, which included modern-
day Guam, the Northern Mariana 2. Holder of a bachelor's degree with academic credits
Islands, Palau, Micronesia and the Philippines. Similar in certain required subjects from a recognized
to Real Audiencias throughout the Spanish Empire, it college or university in the Philippines or abroad;
was the highest tribunal within the territories of
the Captaincy General of the Philippines, a dependency 3. He or she should also meet certain non-academic
of the Viceroyalty of New Spain. requisites: 1) Filipino citizen, 2) at least twenty-one
(21) years of age, 3) a resident of the Philippines, 4)
▪ The Governor-General of the Philippines was satisfactory evidence of good moral character
appointed as its highest judge, although on many (usually a certificate from the dean of law school or
occasions his absence forced other members to rule the an immediate superior at work), and 5) no charges
tribunal and assume temporary civilian and military involving moral turpitude have been filed against the
powers.

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INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

candidate or are pending in any court in the ▪ in Alawi v. Alauya, only those who have been admitted
Philippines. to the Philippine Bar can be called “Attorney.” Passing
the Bar Examination is not sufficient for admission of a
- Attorneys-at-law means that class of persons who are person to the Philippine Bar. He still has to take the oath
by license, officers of the court, empowered to appear, of office and sign the Attorney’s Roll as prerequisites to
prosecute, and defend and upon which peculiar duties, admission. (Bar 2005)
responsibilities and liabilities are developed by law as a
consequence.
2. take the lawyer’s oath as administered by the SC;
- Bar Association is an association of members of the 3. Signing in the Roll of Attorneys;
legal profession like the IBP where membership is 4. Being a member of the IBP in good standing.
integrated and compulsory.
Privileges of passing a bar examination:
▪ Integrated Bar of the Philippines (IBP) is the only
association whose integration was provided for by law. 1. the Right to practice law;
Other legal associations are created by agreement. 2. Entitled of the title Attorney before his name;
3. Entry in the roll of attorney
▪ Purposes of the Integrated Bar: 1) To give the legal 4. Membership in the IBP
profession of COLLECTIVE VOICE and 2) To provide 5. Rank of an officer of a court; to represent a litigant
FORUM FOR BROTHERHOOD in every chapter in before a court;
the Philippines. 6. Automatic qualification for appointment to all
government positions requiring membership in the bar;
- Nature of the office of a lawyer: 7. Entitled to be appointed in the Supreme Court or any
judicial branches;
1. A lawyer assumes responsibilities well beyond the 8. Entitled for commission to be a notary public;
basic requirements of good citizenship. 9. Entitled to teach law subjects in law schools
2. As a servant of the law, a lawyer should moreover
make himself an EXAMPLE for others to emulate. Regulation:
3. Being a lawyer, he is supposed to be a model in the
community in so far as respect for the law is • the SUPREME COURT is vested by the constitution to
concerned. regulate rules concerning the admission to the practice
4. Every lawyer should act and comport himself in a of law (Sec.5(a), Art. VIII, 1987, Constitution)
manner that would uphold public confidence in the
integrity of the legal profession. • The SC, as REGULATOR and GUARDIAN of the legal
profession, has the PLENARY DICIPLINARY
• Lawyers are officers of the court, called upon to AUTHORITY (PDA) over attorneys.
assist in the administration of justice. They act as
vanguards of our legal system, protecting and Scope:
upholding truth and the rule of law.
• Practice of law is not limited to the conduct of cases or
• An attorney is considered an OFFICER OF THE litigation in court; it embraces the preparation of
COURT because he forms part of the MACHINERY pleadings and other papers incident to actions and
OF JUSTICE and as such is subject to the special proceedings, the management of such actions
disciplinary authority of court and to its orders and and proceedings on behalf of clients before judges and
directions with regard to his relations to the court as courts.
well as to his clients.
• Practice of law means any activity, in or out of court,
• Lawyers are obliged to observe the rules of which REQUIRES the APPLICATION of LAW,
procedure and not to misuse them to defeat the ends KNOWLEDGE, EXPERTISE, PROCEDURE and
of justice. TRAINING (A-L-KEPT), Cayetano v. Monsod (Bar
2008).
Requisites to become a FULL-PLEDGED LAWYER: (PLS-
Gs) ▪ the act of GATHERING information and securing
documents for other lawyers, and not for a client, does
1. Pass the bar examination; not constitute practice of law. Any clerk can be tasked
by lawyer to perform such services. (Bar 2008)
▪ the object of the bar examination – PUBLIC POLICY
demands that any person seeking admission to the bar ▪ When a lawyer who was suspended as member of the
in the Philippines be required to furnish satisfactory Bar, he can still work in a law office, draft and prepare
proof of his knowledge of the law and ethical standards legal documents as long as he does not come into
and of his possession of such degree of learning and DIRECT CONTACT with the office’s clients.
proficiency in law as may be deemed necessary for the Otherwise, he will be engaging in ILLEGAL
due performance of the duties of lawyer. (Bar 2009) PRACTICE OF LAW. (Bar 2005)

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INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

• When the Court orders a lawyer suspended from the

practice of law, the lawyer must desist from performing • There is no distinction as to whether the transgression
all functions requiring the application of legal is committed in a lawyer’s private or professional
knowledge within the period of suspension. This capacity, for a lawyer may not divide his personality as
includes desisting from holding a position in an attorney at one time and a mere citizen at another.
government requiring the authority to practice law.

• Work in government that requires the use of legal FAMILY CODE

knowledge is considered practice of law.
- Basis under the 1987 Constitution:

Types of professional activities which a licensed attorney ▪ Section 12, Art. II. The State recognizes the sanctity of
may engage in the practice of his profession: family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally
1. LEGAL ADVICE AND COUNSEL clients to inform protect the life of the mother and the life of the unborn
them of their rights and obligations; from conception. The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency
2. PREPARATION of legal instruments and contracts and the development of moral character shall receive
which are legal rights, which may or may not be the support of the Government.
pending in a court;
▪ Section 1, Art. XV. The State recognizes the Filipino
3. APPEARANCE for clients before public tribunals family as the foundation of the nation. Accordingly, it
which possess power and authority to determine shall strengthen its solidarity and actively promote its
rights of life, liberty and property according to law, in total development.
order to assist in the proper interpretation and
enforcement of law. ▪ Section 2, Art. XV. Marriage, as an inviolable social
institution, is the foundation of the family and shall be
Standards to be observed by a lawyer: protected by the State.

➢ While indeed marriage must be regarded as an

• It is only extended to those who possess the HIGHEST
inviolable (unbreakable) institution, the legal
STANDARDS of INTELLECTUAL and MORAL
QUALIFICATIONS; intendment of Section 2 is not to lay down a blanket
prohibition of divorce. But the constitutional policy is
for the PROTECTION and STRENGTHENING of the
• the Court is DUTY BOUND to prevent the entry of
family as the basic autonomous social institution. For
UNDERSERVING aspirants, as well as to EXCLUDE
this reason, in ANNULMENT CASES, any doubt
those who have been admitted, but have become a
should be resolved in favor of the validity of the
disgrace to the profession.
marriage1.
• Possession of GOOD MORAL CHARACTER is not
➢ Marriage is generally regarded as a union that has
only a prerequisite to admission to the bar, but also a
been formalized by legal or religious sanction, the
CONTINUING QUALIFICATION to the practice of law.
protection of the State is also meant for other stable
unions entered into through folk ritual or by simply
• A lawyer should MAINTAIN good moral character
living together. But protection by the State should
during the continuance of the practice and the exercise
never mean dominance.
of the privilege to practice law.
▪ Section 3, Art. XV. The State shall DEFEND:
• PUBLIC POLICY requires that the practice of law be
limited to those individuals found duly qualified in 1. The right of spouses to found a family in accordance
education and character. The purpose is to protect the with their religious convictions and the demands of
public, the court, the client and the bar from the responsible parenthood;
INCOMPETENCE or DISHONESTY of those
unlicensed to practice law and not subject to the 2. The right of children to assistance, including proper
disciplinary control of the court. care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation and
• A lawyer must be PERCEIVED of good moral character other conditions prejudicial to their development;
and must LEAD a life in accordance with the HIGHEST
MORAL STANDARDS OF THE COMMUNITY. ➢ See RA 7610 “Child Abuse Act and Presidential
Decree No. 603 “Child and Youth Welfare Code”
• A lawyer could be DISCIPLINED not only for 3. The right of the family to a family living wage and
MALPRACTICE in his profession but also for any income; and
MISCONDUCT committed outside of his professional
capacity.

1
Republic v. Dagdag, G.R. No. 109975, Feb. 9, 2001
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INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

4. The right of families or family associations to runs afoul of the constitutional provision on equal
participate in the planning and implementation of protection but also on the fundamental policy of the State
policies and programs that affect them. toward marriage.

▪ Section 4, Art. XV. The family has the duty to care for - Marriage between RAPIST and RAPED VICTIM. As a
its elderly members but the State may also do so SPECIAL CONTRACT, a subsequent valid marriage of
through just programs of social security. the offender and the offended party in the crime of rape
likewise EXTINGUISHES the criminal action or the
- The president Corazon Aquino signed into law penalty imposed for rape. In case the victim is already
EXECUTIVE ORDER NO. 209, otherwise known as the married and it is the legal husband who is the offender,
“Family Code of the Philippines.” the subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the penalty,
▪ To bring them closer to Filipino customs, values and provided that the crime shall not be extinguished or the
ideals and reflect contemporary trends and conditions. penalty shall not be abated if the marriage is void ab initio
(Art. 266-C of the Revised Penal Code, as amended by
Art. 1. Marriage is a special contract of permanent union RA No. 8353).
between a man and a woman entered into in accordance
with the law establishment of conjugal and family life. It is the - Marriage as a STATUS – marriage creates a SOCIAL
foundation of the family and an inviolable (unbreakable) STATUS or RELATION between the contracting parties
social institution whose nature, consequences, and incidents (State v. Tatty, 7 LEA 50) in which not only they but the
are governed by law and not subject to stipulation, except State as well are interested (Magee v. Young, 40 Miss.
that marriage settlements may fix the property relations 164) and involves a personal union of those participating
during the marriage within the limits provided by this Code. in it of a character unknown to any other human relations,
and having more to do with the morals and civilization of
- By the contract of marriage, a man and a woman enter a a people than any other institution (State v . Dukit, 70 Wis.
joint life acting, living and working as one (Saclolo v. CAR, 272).
106 Phil. 1038).
- Marriage in INTERNATION LAW – the right to marry is a
- QUESTIONS: recognized fundamental human right under international
law. The Universal Declaration of Human Rights
1. Can two men marry each other in the Philippines? adopted by the members of the United Nations including
2. Can a transgender man and a woman marry each the Philippines specifically provides in Art. 16 thereof that
other in the Philippines? men and women of full age, without any limitation due to
3. Can a man and a minor lady marry in the Philippines? race, nationality or religion have the right to marry and to
4. Can a bisexual man and a bisexual woman marry found a family. They are entitled to equal rights as to
each other in the Philippines? marriage, during marriage and after its dissolution. It
further provides that marriage shall be entered into only
- Marriage is one of the “basic civil rights of man,” with the free and full consent of the intending parties. It
fundamental to our very existence and survival (Skinner declares that the family is the natural and fundamental
v. State of Oklohoma, 316 US 535) group unit of society and is entitled to protection by
society and the State.
- The freedom to marry has long been recognized as one
of the vital personal rights essential to the orderly pursuit - Constitutional Protection of Marriage – the 1987
of happiness by free men (Loving v. Virginia, 388 US 1) Philippine Constitution provides that the State recognizes
the sanctity of family life and shall protect and strengthen
- Marriage is founded upon the agreement of the parties. It the family as a basic social institution (Sec. 12, Art. II).
is something than a mere contract. The consent of the Marriage is a relationship of highest importance (Manuel
parties is essential to its existence, but when the contract v. People, G.R. No. 165842).
to marry is executed by the marriage, a relation between
the parties is created which they cannot change. Other - While a lawful marriage seeks to create a permanent
contracts may be modified, restricted, or enlarged, or union between man and woman, it does not shed the
entirely release upon the consent of the parties. Not with spouses’ integrity or their privacy as individuals. Thus, in
marriage. The relation once formed, the law steps in and Zulueta v. CA, 68 SCAD 440, 253 SCRA 699, where a
holds the parties to various obligations and liabilities. wife, to get evidence of infidelity in a case for legal
(Maynard v. Hill, 125 US 190). separation she filed against her husband, ransacked his
office and forcibly took documents and letters of the
- The marital relation, unlike ordinary contractual relations, husband addressed to his paramour, the SC ruled that
is regarded by the laws as the basis of the social the wife cannot use the said documents and letters as
organization. The preservation of that relation is deemed evidence because they were obtained in violation of the
essential to public welfare (Hood v. Roleson, 125 Ark. 30) husband’s constitutional right to privacy.

- In Phil. Telegraph and Telephone Company v. NLRC, 82 ▪ The intimacies between husband and wife do not justify
SCAD 747, 272 SCRA 596, where a company’s policy any one of them in breaking the drawers and cabinets
disqualified from work any woman worker who contracts of the others and in ransacking them for any telltale
marriage, the SC invalidated such policy as it is not only evidence of marital infidelity. A person, by contracting
8
INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

marriage, does not shed his / her integrity his / her to by visually looking at the genitals of a baby at the
privacy as an individual and the constitutional protection time of birth is immutable and that there is no law
is ever available to him or to her. legally recognizing gender sex re-assignment.

- Legislative control of Marriage – the Constitution itself ▪ In Republic v. Cagandahan, GR No. 166676,
however does not establish the parameters of state September 12, 2008, where the respondent was
protection to marriage and the family, as it remains the found out to have CONGENITAL ADRENAL
province of the legislature to define all legal aspects of HYPERPLASIA (CAH) which is a condition where
marriage and prescribe the strategy and modalities to the person afflicted has both male and female
protect it and put into operation the constitutional characteristics and organs and where, through
provisions that protect the same. expert evidence, it was shown that the respondent,
though genetically a female, secreted male
▪ On marriage, the parties assume new relations to each hormones and, had no breast, and did not have
other and the State touching nearly on every aspect of monthly menstrual period and where the
life and death. In a real sense, there are three parties to respondent, in his mind and emotion, felt like a male
every civil marriage; two willing spouses and an person and did not want to have surgery, the SC
approving State (Manuel v. People, GR No. 165842, considered the person as an “intersex individual”
November 29, 2005, 476 SCRA 461). and granted the preference of the person to be
considered as a male person, thereby allowing the
▪ It is generally accepted doctrine that the legislature may
amendment of the birth certificate of the person
from female to male.
impose such restrictions upon marital relation as the
laws of God and the laws of propriety and morality and
social order demand, provided, such regulations are not
▪ In the United States, statutes or laws limiting
marriages to heterosexual union have been
prohibitory (State v. Walker, 36 Kan. 297).
rendered unconstitutional by the United States
Supreme Court. Same sex marriage has been
▪ Legislative regulation of marriage must, however, not
allowed as the right to marry is inherent in every
contravene the mandates of the Constitution. It must not
person’s liberty consistent with the due process and
violate for instance the “equal protection clause” by
equal protection clauses of the United States
forbidding certain types of marriages on the basis of Constitution (Obergefell v. Hodges, et al.)
race or political inclination (Loving v. Virginia, 388 US 1,
18 L. Ed. 2d 1010). - Consent – the requirements of consent are: 1) it
must be FREELY GIVEN; and 2) the same must be
Article 2. No marriage shall be VALID, unless these made in the PRESENCE of the solemnizing officer.
ESSENTIAL REQUISITES are present: The child shall have the prerogative of choosing his
or her future spouse. Parents should not force or
1. Legal capacity of the contracting who must be a male unduly influence him or her to marry a person he or
and a female; and she has not freely chosen.

2. CONSENT freely given in the absence of the ▪ The total absence of consent makes the marriage
solemnizing officer. void ab initio. However, consent in marriage
obtained through fraud, force, intimidation, or
- Legal Capacity – the marrying age is 18 years old undue influence makes such marriage merely
and above. This is likewise the age of majority. If any annullable or voidable (valid until annulled).
of the parties is below 18 years of age, the marriage
is void even if the consent of the parents has been Art. 3. The FORMAL REQUISITES of marriage are:
previously obtained.
1. Authority of the solemnizing officer;
▪ The contracting parties must not be related to each
other in the manner provided for in Art. 37, which 2. A valid marriage license except in the cases provided
refers to incestuous marriages, and Art. 38 which for in Chapter 2 of this Title; and
refers to void marriages for reason for public policy.
3. A marriage ceremony which takes place with the
▪ An already married person cannot marry again appearance of the contracting parties before the
unless his or her marriage has been nullified or solemnizing officer and their personal declaration
annulled or his or her case under presumptive that they take each other as husband and wife in the
death situation under Art. 41 of the Family Code. presence of not less than two witnesses of legal age.

▪ In Silverio v. Republic of the Philippines, G.R. No. Art. 4. The absence of any of the essential or formal
174689, October 19, 2007, where petitioner who requisites shall render the marriage void ab initio, except
had a biological sex change from male to female as stated in Article 35 (2).
through gender re-assignment surgery and
where he sought the amendment of his birth A defect in any of the essential requisites shall not affect
certificate reflect the change in sex a preliminary the validity of the marriage but the party or parties
step to get married to his partner, the SC rejected responsible for the irregularity shall be civilly, criminally
the said petition and ruled that the sex determined and administratively liable.
9
INTRODUCTION TO LAW
Atty. Henry S. Payte, Jr., REB, REA
Lecturer, Ateneo de Naga University

Art. 5. Any male or female of the age of eighteen years or

upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage.

Art. 6. No prescribed form or religious rite for the

solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to appear
personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age
that they take each other as husband and wife. This
declaration shall be contained in the marriage certificate
which shall be signed by the contracting parties and their
witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at

the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to
the marriage to write the name of said party, which fact
shall be attested by the solemnizing officer.

10