will constitute a Bicameral Conference

Introduction to Law Committee.

(Introduction to Law, Atty. David Robert Aquino) 5. Bicameral Conference Committee: This is
created to reconcile conflicting provisions
I. General Considerations
between the House and Senate versions of
Laws: the bill. The reconciled versions of the bill will
again be submitted to both chambers for
In its general sense and abstract sense, law is the approval. After approval by both houses, the
science of moral laws founded on the rational nature bill will now then be submitted to the
of man that governs his free activity for the realization President.
of the individual and social ends of life under an 6. Presidential Approval: The president has 3
aspect of mutual conditional dependence. (Aquino, options:
Introduction to Law, p.12) a. Approve the bill
In its specific and concrete sense, a rule of conduct, b. Reject/Veto the Bill
just, obligatory, formulated by a legitimate power for c. Allow it to lapse for 30 days (After which
common observance and benefit. (Lapitan vs PCSO) the bill will become a law)

All statutes, including those of local application, and Classification of Laws:

private law, shall be published in the Official Gazette 1. Substantive Laws: These are laws which
as a condition for their effectivity define and create certain rights (Tamayo vs
Statutes: Gsell).
A law which creates, defines, or regulates
Refer to enactments of the legislative branch of the rights, concerning life, liberty or property, or
government. the powers of the agencies or
How laws are passed (Steps) instrumentalities for the administration of
public affairs. (Primicias vs Ocampo)
1. First Reading: Title is read in plenary and
passed to the appropriate committee. The bill 2. Procedural Laws: Prescribes the manner on
is then scrutinized through public hearing how we enforce or preserve our rights. Such
where arguments between advocates and procedure is usually prescribed under what
opposition are heard. we call Rules of Court, as well as other rules
promulgated by administrative agencies and
2. Second Reading: The bill will go through quasi-judicial bodies.
sponsorship, interpellation, and amendments.
a. Sponsorship: This is when the essential 3. Statutory Laws: Refers to enactments made
and salient features of the bill is by a competent legislative body and is usually
presented. manifested in a formal written instrument
b. Interpellation: This is when the debate with the force and effect of law for its
over the bill takes place. compliance.
c. Amendment: It has 2 kinds. These are the
Committee and Individual. 4. Common Law: Comprises the body of those
principles and rules of action, relating to the
3. Third Reading: The bill is read again but by its government and security of persons and
title only. The chamber will vote through yes property, which derive their authority solely
or nays and will be passed only to the other from usages and customs of immemorial,
chamber if a majority (51%) of legislators antiquity, or from judgements and decrees of
voted for its approval. courts recognizing, affirming, and enforcing
such usages and customs. (Black’s Law
4. Submission to the other chamber: The bill, Dictionary)
once passed to the other chamber, will then
again go through First to Third reading. In
case of conflicting provisions, both chambers
Kinds of Laws: 12. Mandatory Laws: statutes that require or
mandates a course of action
1. General Laws: statutes that affect people,
property and transactions within the
territorial jurisdiction of the Republic of the Sources of Law
Philippines
1. Republic Acts: enactments of the Cogress
2. Special Laws: statutes that pertain to a
2. Batasan Pambansa: laws passed during the
particular area or matter usually providing for
Marcos regime where the Philippines has a
its own definition and prescribes its own
Parliamentary-Unicameral System of
penalties for violations of its provisions
Government

3. Commonwealth Act or Act: laws passed

3. Local Laws: ordinances promulgated by a
during the American Occupation
local legislative body of a local government
unit applicable only within its local territorial
4. Jurisprudence: Supreme Court decisions
jurisdiction
which interprets how a law is applied.
4. Public Laws: enactments of the legislature
pertaining to a general area of law Courts duty to decide every case:

No judge or court shall decline to render judgment by

5. Private Laws: issuances that define rights, reason of the silence, obscurity or insufficiency of the
regulate action, enforces and administers laws. (Article 9 New Civil Code)
relationships among private entities both
natural and juridical
Statutory Construction:
6. Remedial Laws: statutes that provide for the That branch of law dealing with the interpretation of
procedure in which one may enforce a right or laws enacted by a legislature. A judicial function
redress for grievance required when a statute is invoked and different
interpretations are in contention. (Black’s Law
7. Curative Laws: statutes that correct mistakes dictionary)
or irregularities committed prior enactment
The art or process of discovering and expounding the
8. Penal Laws: statutes that define crimes, meaning and intention of the authors of the law with
prescribes its elements and imposes respect to its application to a given case, where that
corresponding penalties intention is rendered doubtful, amongst others, by a
reason of the fact that the given cases is not explicitly
9. Prospective Laws: statues which are provided for in the law (Caltex vs Palomar)
applicable to acts, situations or events
occurring after its enactments
Interpretation vs Construction
10. Retrospective Laws: refers to statutes whose
Interpretation: refers to the drawing of the true
effectivity applies to specific events, situations
nature, meaning, and intent if the law through an
or acts which were committed prior to its
examination of its provisions. One does not need to
enactment
go outside of the context of the statute.
11. Affirmative Laws: refers to statutes that Construction: process of using tools, aid, references
directs the doing of an act, or declares what extant from the law in order to ascertain its nature,
shall be done. This should be distinguished meaning, and intent. One has to go outside the
from laws which prohibit an act. language of the statute and resort to extrinsic aids.
Effectivity and Application of Laws: the use in any degree of legal knowledge or skill
(Cayetano vs Monsod)
Statutes or Legislative enactments usually take effect
fifteen days after its complete publication in the Said differently, practice of law is present when the
Official Gazette or in a newspaper of general individual customarily or habitually holds himself out
circulation pursuant to the provision of the Civil Code. to the public as a lawyer and demands compensation
for the following services:
Article 2 New civil Code
a. Opinions: involves imparting of legal
Laws shall take effect after fifteen days following the
knowledge usually in the form of an opinion
completion of their publication in the Official Gazette,
as to the proper interpretation or application
unless it is otherwise provided. This Code shall take
of a particular law, issuance or rule
effect one year after such publication.

Explanation: b. Appearances: the actual physical presence of

the lawyer as advocate in behalf of a client.
In Tanada vs Tuvera, the Supreme Court laid down These are not limited to court proceedings
that publication is indispensable to the effectivity of but also include proceedings from quasi-
the laws. However, it is upon the discretion of the judicial or administrative bodies
legislation whether the publication can be extended
or shortened than the usual fifteen day period. c. Preparation of pleadings and contracts: the
II. The Legal Profession due preparation, execution and filing of
pleadings, memoranda, motions and other
Definition: papers incident to actions and special
The legal profession is the art and science of utilizing proceedings, as well as the drawing of
one’s legal knowledge and training in the proper contracts, deeds and other instruments of
advocacy of rights and interests one’s client before a conveyance.
court of law and other for a.

Characteristics of a legal profession The Bar Examination:

1. A duty of public service, of which the This is conducted by the Supreme Court to determine
emolument is a by-product, and in which one the fitness of prospective law graduates to determine
may attain the highest eminence without their admission to the practice of law
making much money Bar Examination Schedule
2. A relation as an “officer of the court” to the
administration of justice involving through 1. First Sunday: Political Law and Public
sincerity, integrity, and reliability International Law (AM) and Labor and Social
3. A relation to the clients in the highest degree Legislation (PM)
fiduciary
4. A relation to colleagues at the Bar 2. Second Sunday: Civil Law (AM) and Taxation
characterized by candour, fairness, and (PM)
unwillingness to resort to current business
methods of advertising and encroachment on 3. Third Sunday: Mercantile Law (AM) and
their practice, or dealing directly with their Criminal Law (PM)
clients (92 SCRA 10; 30 July 1979)
4. Fourth Sunday: Remedial Law (AM) and Legal
Practice of Law: Ethics and Practical Exercises (PM)
Definition: refers to any activity, in or out of court
which requires the application of law, legal procedure, Disciplinary Mechanism
knowledge, training and experience.
Whether in their professional or in their private
To engage in the practice of law is to perform these capacity, lawyers may be disbarred or suspended for
acts which are characteristics of the profession. misconduct. The penalty is a consequence of acts
Generally, to practice law is to give notice or render showing their unworthiness as officers of the courts,
any kind of service, which device, or service requires
as well as their lack of moral character, honesty , and discharges all governmental action. Also
probity, and good demeanor. (Gonzales vs Alcaraz) refers to the law which provides for the
structure of government and how it shall
Rule 138 Section 27
operate.
A lawyer may be disbarred for any of the following
grounds: 4. Local Government: refers to laws governing
the operation of local government units.
a. Deceit
b. Malpractice 5. Public Officers: refers to laws covering
c. Gross Misconduct in Office qualifications as well as discipline of public
d. Grossly Immoral Conduct officers
e. Conviction of a crime involving moral
turpitude 6. Election Laws: refer to the statutory
f. Violation of lawyer’s oath framework that provides for the exercise of
g. Willful disobedience of any lawful order of a the people of their right to run for public
superior court office
h. Willfully appearing as an attorney for a party
without proper authority to do so
Elements of the State:
Integrated Bar of the Philippines:
1. People: All persons living within the State
The IBP is the national organization of all lawyers in during the whole time of the existence of the
the Philippines. The IBP is administered by a State. (Sanidad vs COMELEC)
governing Board composed of nine Governors who
represent the nine regions of IBP. 2. Territory: part of the country separated from
the rest, and subject to a particular
jurisdiction. The extent or compass of land
III. Political Law and Public International and waters thereof within the bounds of or
Law belonging to the jurisdiction of any sovereign
Political Law state, city or other body (110 III App. 370)

This is the branch of public law that deals with the 3. Sovereignty: Union and exercise of all human
relationship of government and its people. power possessed in a state. It is a
combination of all power; the power to do
That branch of the public law which deals with the
everything in a state without accountability-
organization and operations of the governmental
a. Make laws
organs of the State and defines the relations of the
b. Impose and Collect taxes
State with the inhabitants of its territory. (People vs
c. Levy Contributions
Perfecto)
d. Make War or Peace
e. Form treaties of Alliance or Commerce
with Foreign nations
Divisions of Political Law

1. Political Law: concerned with the distribution 4. Government: Aggregate of authorities which
of powers to the three branches of rule a society (US vs Dorr)
government and the relationship and
dynamics between them
Inherent Powers of the State:
2. Constitutional Law: refers to the guarantees 1. Police Power: the plenary power vested in the
of individual liberties, vis-à-vis the awesome legislature to make statutes and ordinances to
powers of the government. Such guarantees promote the health, morals, peace,
are usually manifested in a bill of rights education, good order or safety and general
welfare of the people (Fernando vs St.
3. Administrative Law: refers to the system or Scholastica College)
body of laws under which the state operates
 2. Eminent Domain: the power of the State to
take private property for public use subject to 5. Economic or Property Rights: rights to
compensation to the owner. property – real or personal, including
intellectual property,
3. Taxation: the power of the State to secure
compulsory pecuniary exaction from its 6. Political Rights: rights pertaining to the
citizens to be used in the operations of the person as a member of a body politic such as
government. the right to vote and be voted into the public
office.

The Constitution
Due Process:
These are the basic laws to which all laws must
conform. No act that conflicts with the Constitution The most basic tenet espoused in due process is the
can be valid. right to be heard. (Camarines Norte Electric
Cooperative vs CA)
Constitution is a definition of the powers of the
government. The five being: To state it differently, it is the right to be given the
opportunity to be heard.
a. The Congress
b. The President The “due process of the law” clause of the
c. The Judiciary Constitution must be understood to mean that no
d. The Constitutional Commissions person shall be deprived by any form of legislation or
e. The Local Government Units governmental action of life, liberty, or, property,
except, as a consequence of some judicial proceeding,
appropriately and legally conducted.
Bill of Rights

Bill of Rights serves to protect the individual liberties

of its citizens. It is a statement of individual liberties Equal Protection
which citizens, residents, and certain sojourners in the
Equal protection requires that all persons of thing
country enjoy against exertions of government power
similarly situated, should be treated alike, both as to
(Garcia vs Philippine Tuberculosis Society)
rights conferred and responsibilities imposed. (Ferrer
vs Bautista)

Kinds of Rights under the Bill of Rights It refers to the equality in the enjoyment of similar
rights and privileges granted under the law. (Ceniza vs
1. Inherent or Natural Rights: rights intrinsic to
COMELEC)
one’s person such as the right to live and love
The equal protection clause does not preclude
2. Constitutional Rights: rights guaranteed classification of individuals who may be accorded
under the fundamental law of the land such different treatment under the law as long as the
as rights against unreasonable searches and classification is reasonable and not arbitrary.
seizures, the right against ex post facto law or (Villanueva vs JBC)
Bill of attainder, as well as those rights
A classification is reasonable where (Felwa vs Salas):
protecting the accused
a. It is based upon substantial distinctions which
3. Statutory Rights: rights provided for by make real differences
Congress or by law such as the right to b. These are germane to the purpose of the law
preliminary investigation c. The classification applies, not only to present
conditions, but also to future conditions
4. Civil Rights: includes the right to peacefully which are substantially identical to those of
assemble, the right of freedom of the press the present
and speech, the right to information on d. The classification applies, equally to all
matters of public concern and the right to due belonging to the same class
process.
Kinds of Constitution Public International Law:

1. Written Constitution: that whose provisions Referred to as the “law of the nations”, public
are reduced into a formal instrument and international law refers to a body of rules which have
ratified by the body politic under certain a binding effect on sovereign states as far as their
formalities prescribed by the law relationship with one another Is concerned.

Sources of international laws:

2. Unwritten Constitution: that whose
provisions are not reduced into writing and is 1. Treaties
not confined in one single instrument but 2. Conventions
whose tenets, principles and concepts are 3. International Agreements
interspersed in various statutes, norms, 4. Decisions
customs, judicial decisions and even 5. International tribunals
established practice.

Philippine Constitutional History IV. Labor Laws

1. Malolos Constitution: The constitution of the Definition:

First Philippine Republic after the Spanish Labor law is that body of law that deals principally the
Occupation. rights and privileges not only of workers but also of
employers as well.
2. American Organic Laws
a. McKinley’s Letter of Instruction: Divided The principal law governing labor is the Labor Code of
the government into civil and military the Philippines.
branches The Labor Code was promulgated to promote the
b. The Spooner Amendment: Full civil welfare and well-being of the working man – its spirit
government and intent mandate the speedy administration of
c. Philippine Bill of 1902: designated the justice, with least intention to technicalities but
Philippine Commission as the upper house without sacrificing the fundamental requisites of due
and the Philippine Assembly as the lower process. (Magallanes vs Sun Yat Sen Elementary
house. School)
d. Philippine Autonomy Act: popularly
known as the Jones law. Established a Constitutional Principles on Labor:
tripartite government (Executive,
The fundamental law of the land affirms labor as a
Legislative, and Judiciary)
primary social economic force.
e. Tydings-Mcduffie Law: enabling statute
which provided the mechanism for the Section 3, Article XIII of the Constitution does not
adoption of a Philippine Constitution. directly bestow on the working class any actual
f. 1935 Constitution: fundamental law was enforceable right, but merely clothes it with the status
strongly patterned after the United States of a sector for whom the Constitution urges
Constitution. protection through executive or legislative action and
3. 1973 Philippine Constitution: constitution judicial recognition. Its utility is best limited to being
that created a parliamentary style an impetus not just for the executive and legislative
government during the Marcos regime. departments, but for the judiciary as well, to protect
the working class. (Serrano vs Gallant Maritime
4. 1986 Freedom Constitution: created after the Services)
deposition Ferdinand Marcos. Transitionary
1987 Constitution on Labor (Article XIII Section 3):
constitution to legitimize Cory Aquino’s
presidency. The State shall afford full protection to labor, local
and overseas, organized and unorganized, and
5. 1987 Constitution: Present Constitution promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self- a. All time which an employee is required to
organization, collective bargaining and negotiations, be on duty or to be at prescribed
and peaceful concerted activities, including the right workplace
to strike in accordance with law. They shall be entitled b. All time during which an employee is
to security of tenure, humane conditions of work, and suffered or permitted to work.
a living wage. They shall also participate in policy and c. Rest periods shall be counted as hours
decision-making processes affecting their rights and worked.
benefits as may be provided by law.
2. Meal Periods: The law mandates every
The State shall promote the principle of shared
employer to give his employees not less than
responsibility between workers and employers and
60 minutes time-off for their regular meals
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their
3. Night Shift Differential: Night shift differential
mutual compliance therewith to foster industrial
shall not be less than 10% of his regular wage
peace.
for each hour of work
The State shall regulate the relations between
workers and employers, recognizing the right of labor 4. Overtime Work, including emergency
to its just share in the fruits of production and the overtime work: additional compensation of
right of enterprises to reasonable returns on 25% for regular days. Overtime work on
investments, and to expansion and growth. holidays will be subject to 30% additional
compensation

Labor Code Objectives on Labor 5. Undertime: undertime work shall not be

compensated by overtime work on any other
1. State of full employment day
2. Protect every citizen working locally and
overseas 6. Right to weekly rest periods, including the
3. Free choice of employment employer’s right to require work on a rest
4. Facilitate and regulate the movement of day: provide a rest period of not less than 24
workers consecutive hours after every 6 consecutive
5. Regulation of employment of aliens normal work days.
6. Strengthen the network of public
employment offices and rationalize the 7. Compensation for rest days: an employer
participation of the private sector may require an employee to work on a
7. Insure careful selection of Filipinos for holiday but such employee shall be paid a
overseas employment compensation twice his regular rate.

Labor Standards: 8. Holiday pay: regular daily wage during regular

holidays
These provide for the basic requirement as provided
by law that employers have to provide for their 9. Service Incentive Leaves: Leave of 5 days with
employees be it in the workplace or in the matter of pay annually.
wages.
10. 13th Month Pay: Not later than December 24th
These minimum requirements are established in order
every year.
to protect the rights as well as set the standard in all
business establishments.
Management Prerogative:
Minimum Standard Book 3 Labor Code
Management prerogative refers to the right of
1. Normal hours of work, including hours of
management to regulate according to own discretion
worked: The normal working hours should
and judgement all aspects of employment, including
not exceed 8 hours a day. Hours worked shall
hiring, work assignments, working methods time,
include:
place, manner of work, tools to be used, processes to
be followed, supervision of workers, working 4. Casual Employment: neither a regular
regulations, transfer of employees, work supervision, employee nor an employee with a fixed
lay-off of workers, discipline and dismissal of workers, employment for a specific project or
and recall of work. (San Miguel Brewery Union vs undertaking determined at the time of
Ople) employment or seasonal employee

The only criterion to guide the exercise of

5. Fixed-term employment: 2 elements
management prerogative is that the policies, rules,
and regulations on work-related activities of the
a. Fixed period of employment was
employees must always be fair and reasonable and
knowingly and voluntarily agreed upon
the corresponding penalties, when prescribed,
b. The employer and the employee dealt
commensurate to the offense involved and to the
with each other on more or less equal
degree of infraction. (The Coca-Cola Export
terms
Corporation vs Gacayan)
6. Field Personnel: Refers to non-agricultural
employees who regularly perform their duties
Employer-Employee Relationship away from the principal place of business or
This refers to the contractual relationship between an branch office of the employer and whose
employee and his employee. The four-fold tests to actual work hours in the field cannot be
determine the relationship are (SHS Perforated determined with reasonable certainty.
Materials vs Diaz): (Omnibus Rules Implementing the Labor
Code, Book III Rule 1 Section 2)
1. Selects and engages the employee
2. Pays his wages 7. Managerial Employee: one who is vested
3. Has power to dismiss him with powers or prerogatives to lay down and
4. Has control over his work execute management policies, and/or hire,
transfer, suspend, lay-off recall, discharge,
assign or discipline employees. Elements of
Kinds of Employment managerial duties include:
1. Probationary Employment: a probationary
a. Performance of work directly related to
employee is one, who, for a given period of
management policies
time, is being observed and evaluated to
b. Customarily and regularly exercises
determine whether or not he is qualified for
discretion and independent judgement in
permanent employment. (Woodridge school
the performance of his functions
vs Pe Benito)
c. Regularly and directly assists in the
management of the establishment
2. Regular Employment: employment is deemed
d. Does not devote 20% of his time to work
regular when the activities performed by the
other than those prescribed.
employee are usually necessary or desirable
in the usual business of the employer. (The
Peninsula Manila vs Alipio)
Labor Relations (Common Areas Covered)
3. Project Employment: employees who are 1. Disciplinary Action, Grievance Machinery,
hired for carrying out a separate job, distinct arbitration
from other undertakings of the company, the 2. Labor Organization
scope and duration of which has been 3. Labor Disputes
determined and made known to the 4. Unfair Labor practices Collegtive Bargaining
employees at the time of employment and Agreement
their services may be lawfully terminated 5. Strikes and Lockouts
upon the completion of the project.
Social Legislation:

Social Legislation refers to Statutes that level the

playing field between the employers and employees.

To focus not only on the strictly legal issues involved

in this case but also to take another look at the larger
issues including social justice and the protection of
human rights as enshrined in the Constitution, firstly,
because legal issues are raised and decided not in a
vacuum but within the context of existing social,
economic, and political conditions, law being merely
the brick in the up-building of the social edifice. (PNB
vs Office of the President)

Secretary of Labor and DOLE

DOLE is the principal government office tasked with

the enforcement of the provisions of the Labor Code
and other related labor laws and social legislation

Powers of the Secretary of Labor

1. Recruitment and Placement

2. Suspension and cancellation of license or
authority to recruit employees for overseas
employment
3. Regulatory Power over recruitment and
placement activities
4. Visitorial Powers Over recruitment agencies
5. Granting of employment permit to non-
resident aliens
6. Visitorial and Enforcement Power over
employer’s records and premises
7. Regulatory power over hiring and treatment
of homeworkers
8. Power to enforce mandatory occupational
safety and health standards

National Labor Relations Commission

NLRC is the quasi-judicial organ of the government

tasked to adjudicate labor disputes.