will constitute a Bicameral Conference
Introduction to Law
(Introduction to Law, Atty. David Robert Aquino)
I. General Considerations
Laws:
In its general sense and abstract sense, law is the
science of moral laws founded on the rational nature
of man that governs his free activity for the realization
of the individual and social ends of life under an
aspect of mutual conditional dependence. (Aquino,
Introduction to Law, p.12)
In its specific and concrete sense, a rule of conduct,
just, obligatory, formulated by a legitimate power for
common observance and benefit. (Lapitan vs PCSO)
All statutes, including those of local application, and
private law, shall be published in the Official Gazette
as a condition for their effectivity
Statutes:
Refer to enactments of the legislative branch of the
government.
How laws are passed (Steps)
1. First Reading: Title is read in plenary and
passed to the appropriate committee. The bill
is then scrutinized through public hearing
where arguments between advocates and
opposition are heard.
2. Second Reading: The bill will go through
sponsorship, interpellation, and amendments.
a. Sponsorship: This is when the essential
and salient features of the bill is
presented.
b. Interpellation: This is when the debate
over the bill takes place.
c. Amendment: It has 2 kinds. These are the
Committee and Individual.
3. Third Reading: The bill is read again but by its
title only. The chamber will vote through yes
or nays and will be passed only to the other
chamber if a majority (51%) of legislators
voted for its approval.
4. Submission to the other chamber: The bill,
once passed to the other chamber, will then
again go through First to Third reading. In
case of conflicting provisions, both chambers
Committee.
5. Bicameral Conference Committee: This is
created to reconcile conflicting provisions
between the House and Senate versions of
the bill. The reconciled versions of the bill will
again be submitted to both chambers for
approval. After approval by both houses, the
bill will now then be submitted to the
President.
6. Presidential Approval: The president has 3
options:
a. Approve the bill
b. Reject/Veto the Bill
c. Allow it to lapse for 30 days (After which
the bill will become a law)
Classification of Laws:
1. Substantive Laws: These are laws which
define and create certain rights (Tamayo vs
Gsell).
A law which creates, defines, or regulates
rights, concerning life, liberty or property, or
the powers of the agencies or
instrumentalities for the administration of
public affairs. (Primicias vs Ocampo)
2. Procedural Laws: Prescribes the manner on
how we enforce or preserve our rights. Such
procedure is usually prescribed under what
we call Rules of Court, as well as other rules
promulgated by administrative agencies and
quasi-judicial bodies.
3. Statutory Laws: Refers to enactments made
by a competent legislative body and is usually
manifested in a formal written instrument
with the force and effect of law for its
compliance.
4. Common Law: Comprises the body of those
principles and rules of action, relating to the
government and security of persons and
property, which derive their authority solely
from usages and customs of immemorial,
antiquity, or from judgements and decrees of
courts recognizing, affirming, and enforcing
such usages and customs. (Black’s Law
Dictionary)
Kinds of Laws:
1. General Laws: statutes that affect people,
property and transactions within the
territorial jurisdiction of the Republic of the
Philippines
2. Special Laws: statutes that pertain to a
particular area or matter usually providing for
its own definition and prescribes its own
penalties for violations of its provisions
3. Local Laws: ordinances promulgated by a
local legislative body of a local government
unit applicable only within its local territorial
jurisdiction
4. Public Laws: enactments of the legislature
pertaining to a general area of law
5. Private Laws: issuances that define rights,
regulate action, enforces and administers
relationships among private entities both
natural and juridical
6. Remedial Laws: statutes that provide for the
procedure in which one may enforce a right or
redress for grievance
7. Curative Laws: statutes that correct mistakes
or irregularities committed prior enactment
8. Penal Laws: statutes that define crimes,
prescribes its elements and imposes
corresponding penalties
9. Prospective Laws: statues which are
applicable to acts, situations or events
occurring after its enactments
10. Retrospective Laws: refers to statutes whose
effectivity applies to specific events, situations
or acts which were committed prior to its
enactment
11. Affirmative Laws: refers to statutes that
directs the doing of an act, or declares what
shall be done. This should be distinguished
from laws which prohibit an act.
12. Mandatory Laws: statutes that require or
mandates a course of action
Sources of Law
1. Republic Acts: enactments of the Cogress
2. Batasan Pambansa: laws passed during the
Marcos regime where the Philippines has a
Parliamentary-Unicameral System of
Government
3. Commonwealth Act or Act: laws passed
during the American Occupation
4. Jurisprudence: Supreme Court decisions
which interprets how a law is applied.
Courts duty to decide every case:
No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the
laws. (Article 9 New Civil Code)
Statutory Construction:
That branch of law dealing with the interpretation of
laws enacted by a legislature. A judicial function
required when a statute is invoked and different
interpretations are in contention. (Black’s Law
dictionary)
The art or process of discovering and expounding the
meaning and intention of the authors of the law with
respect to its application to a given case, where that
intention is rendered doubtful, amongst others, by a
reason of the fact that the given cases is not explicitly
provided for in the law (Caltex vs Palomar)
Interpretation vs Construction
Interpretation: refers to the drawing of the true
nature, meaning, and intent if the law through an
examination of its provisions. One does not need to
go outside of the context of the statute.
Construction: process of using tools, aid, references
extant from the law in order to ascertain its nature,
meaning, and intent. One has to go outside the
language of the statute and resort to extrinsic aids.
Effectivity and Application of Laws:
Statutes or Legislative enactments usually take effect
fifteen days after its complete publication in the
Official Gazette or in a newspaper of general
circulation pursuant to the provision of the Civil Code.
Article 2 New civil Code
Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette,
unless it is otherwise provided. This Code shall take
effect one year after such publication.
Explanation:
In Tanada vs Tuvera, the Supreme Court laid down
that publication is indispensable to the effectivity of
the laws. However, it is upon the discretion of the
legislation whether the publication can be extended
or shortened than the usual fifteen day period.
II. The Legal Profession
Definition:
The legal profession is the art and science of utilizing
one’s legal knowledge and training in the proper
advocacy of rights and interests one’s client before a
court of law and other for a.
Characteristics of a legal profession
1. A duty of public service, of which the
emolument is a by-product, and in which one
may attain the highest eminence without
making much money
2. A relation as an “officer of the court” to the
administration of justice involving through
sincerity, integrity, and reliability
3. A relation to the clients in the highest degree
fiduciary
4. A relation to colleagues at the Bar
characterized by candour, fairness, and
unwillingness to resort to current business
methods of advertising and encroachment on
their practice, or dealing directly with their
clients (92 SCRA 10; 30 July 1979)
Practice of Law:
Definition: refers to any activity, in or out of court
which requires the application of law, legal procedure,
knowledge, training and experience.
To engage in the practice of law is to perform these
acts which are characteristics of the profession.
Generally, to practice law is to give notice or render
any kind of service, which device, or service requires
the use in any degree of legal knowledge or skill
(Cayetano vs Monsod)
Said differently, practice of law is present when the
individual customarily or habitually holds himself out
to the public as a lawyer and demands compensation
for the following services:
a. Opinions: involves imparting of legal
knowledge usually in the form of an opinion
as to the proper interpretation or application
of a particular law, issuance or rule
b. Appearances: the actual physical presence of
the lawyer as advocate in behalf of a client.
These are not limited to court proceedings
but also include proceedings from quasi-
judicial or administrative bodies
c. Preparation of pleadings and contracts: the
due preparation, execution and filing of
pleadings, memoranda, motions and other
papers incident to actions and special
proceedings, as well as the drawing of
contracts, deeds and other instruments of
conveyance.
The Bar Examination:
This is conducted by the Supreme Court to determine
the fitness of prospective law graduates to determine
their admission to the practice of law
Bar Examination Schedule
1. First Sunday: Political Law and Public
International Law (AM) and Labor and Social
Legislation (PM)
2. Second Sunday: Civil Law (AM) and Taxation
(PM)
3. Third Sunday: Mercantile Law (AM) and
Criminal Law (PM)
4. Fourth Sunday: Remedial Law (AM) and Legal
Ethics and Practical Exercises (PM)
Disciplinary Mechanism
Whether in their professional or in their private
capacity, lawyers may be disbarred or suspended for
misconduct. The penalty is a consequence of acts
showing their unworthiness as officers of the courts,
as well as their lack of moral character, honesty ,
probity, and good demeanor. (Gonzales vs Alcaraz)
Rule 138 Section 27
A lawyer may be disbarred for any of the following
grounds:
a. Deceit
b. Malpractice
c. Gross Misconduct in Office
d. Grossly Immoral Conduct
e. Conviction of a crime involving moral
turpitude
f. Violation of lawyer’s oath
g. Willful disobedience of any lawful order of a
superior court
h. Willfully appearing as an attorney for a party
without proper authority to do so
Elements of the State:
Integrated Bar of the Philippines:
The IBP is the national organization of all lawyers in
the Philippines. The IBP is administered by a
governing Board composed of nine Governors who
represent the nine regions of IBP.
III. Political Law and Public International
Law
Political Law
This is the branch of public law that deals with the
relationship of government and its people.
That branch of the public law which deals with the
organization and operations of the governmental
organs of the State and defines the relations of the
State with the inhabitants of its territory. (People vs
Perfecto)
Divisions of Political Law
1. Political Law: concerned with the distribution
of powers to the three branches of
government and the relationship and
dynamics between them
Inherent Powers of the State:
2. Constitutional Law: refers to the guarantees
of individual liberties, vis-à-vis the awesome
powers of the government. Such guarantees
are usually manifested in a bill of rights
3. Administrative Law: refers to the system or
body of laws under which the state operates
and discharges all governmental action. Also
refers to the law which provides for the
structure of government and how it shall
operate.
4. Local Government: refers to laws governing
the operation of local government units.
5. Public Officers: refers to laws covering
qualifications as well as discipline of public
officers
6. Election Laws: refer to the statutory
framework that provides for the exercise of
the people of their right to run for public
office
1. People: All persons living within the State
during the whole time of the existence of the
State. (Sanidad vs COMELEC)
2. Territory: part of the country separated from
the rest, and subject to a particular
jurisdiction. The extent or compass of land
and waters thereof within the bounds of or
belonging to the jurisdiction of any sovereign
state, city or other body (110 III App. 370)
3. Sovereignty: Union and exercise of all human
power possessed in a state. It is a
combination of all power; the power to do
everything in a state without accountability-
a. Make laws
b. Impose and Collect taxes
c. Levy Contributions
d. Make War or Peace
e. Form treaties of Alliance or Commerce
with Foreign nations
4. Government: Aggregate of authorities which
rule a society (US vs Dorr)
1. Police Power: the plenary power vested in the
legislature to make statutes and ordinances to
promote the health, morals, peace,
education, good order or safety and general
welfare of the people (Fernando vs St.
Scholastica College)
 2. Eminent Domain: the power of the State to
take private property for public use subject to
compensation to the owner.
3. Taxation: the power of the State to secure
compulsory pecuniary exaction from its
citizens to be used in the operations of the
government.
The Constitution
These are the basic laws to which all laws must
conform. No act that conflicts with the Constitution
can be valid.
Constitution is a definition of the powers of the
government. The five being:
a. The Congress
b. The President
c. The Judiciary
d. The Constitutional Commissions
e. The Local Government Units
Bill of Rights
Bill of Rights serves to protect the individual liberties
of its citizens. It is a statement of individual liberties
which citizens, residents, and certain sojourners in the
country enjoy against exertions of government power
(Garcia vs Philippine Tuberculosis Society)
Kinds of Rights under the Bill of Rights
1. Inherent or Natural Rights: rights intrinsic to
one’s person such as the right to live and love
2. Constitutional Rights: rights guaranteed
under the fundamental law of the land such
as rights against unreasonable searches and
seizures, the right against ex post facto law or
Bill of attainder, as well as those rights
protecting the accused
3. Statutory Rights: rights provided for by
Congress or by law such as the right to
preliminary investigation
4. Civil Rights: includes the right to peacefully
assemble, the right of freedom of the press
and speech, the right to information on
matters of public concern and the right to due
process.
5. Economic or Property Rights: rights to
property – real or personal, including
intellectual property,
6. Political Rights: rights pertaining to the
person as a member of a body politic such as
the right to vote and be voted into the public
office.
Due Process:
The most basic tenet espoused in due process is the
right to be heard. (Camarines Norte Electric
Cooperative vs CA)
To state it differently, it is the right to be given the
opportunity to be heard.
The “due process of the law” clause of the
Constitution must be understood to mean that no
person shall be deprived by any form of legislation or
governmental action of life, liberty, or, property,
except, as a consequence of some judicial proceeding,
appropriately and legally conducted.
Equal Protection
Equal protection requires that all persons of thing
similarly situated, should be treated alike, both as to
rights conferred and responsibilities imposed. (Ferrer
vs Bautista)
It refers to the equality in the enjoyment of similar
rights and privileges granted under the law. (Ceniza vs
COMELEC)
The equal protection clause does not preclude
classification of individuals who may be accorded
different treatment under the law as long as the
classification is reasonable and not arbitrary.
(Villanueva vs JBC)
A classification is reasonable where (Felwa vs Salas):
a. It is based upon substantial distinctions which
make real differences
b. These are germane to the purpose of the law
c. The classification applies, not only to present
conditions, but also to future conditions
which are substantially identical to those of
the present
d. The classification applies, equally to all
belonging to the same class
Kinds of Constitution
1. Written Constitution: that whose provisions
are reduced into a formal instrument and
ratified by the body politic under certain
formalities prescribed by the law
2. Unwritten Constitution: that whose
provisions are not reduced into writing and is
not confined in one single instrument but
whose tenets, principles and concepts are
interspersed in various statutes, norms,
customs, judicial decisions and even
established practice.
Philippine Constitutional History
1. Malolos Constitution: The constitution of the
First Philippine Republic after the Spanish
Occupation.
2. American Organic Laws
a. McKinley’s Letter of Instruction: Divided
the government into civil and military
branches
b. The Spooner Amendment: Full civil
government
c. Philippine Bill of 1902: designated the
Philippine Commission as the upper house
and the Philippine Assembly as the lower
house.
d. Philippine Autonomy Act: popularly
known as the Jones law. Established a
tripartite government (Executive,
Legislative, and Judiciary)
e. Tydings-Mcduffie Law: enabling statute
which provided the mechanism for the
adoption of a Philippine Constitution.
f. 1935 Constitution: fundamental law was
strongly patterned after the United States
Constitution.
3. 1973 Philippine Constitution: constitution
that created a parliamentary style
government during the Marcos regime.
4. 1986 Freedom Constitution: created after the
deposition Ferdinand Marcos. Transitionary
constitution to legitimize Cory Aquino’s
presidency.
5. 1987 Constitution: Present Constitution
Public International Law:
Referred to as the “law of the nations”, public
international law refers to a body of rules which have
a binding effect on sovereign states as far as their
relationship with one another Is concerned.
Sources of international laws:
1. Treaties
2. Conventions
3. International Agreements
4. Decisions
5. International tribunals
IV. Labor Laws
Definition:
Labor law is that body of law that deals principally the
rights and privileges not only of workers but also of
employers as well.
The principal law governing labor is the Labor Code of
the Philippines.
The Labor Code was promulgated to promote the
welfare and well-being of the working man – its spirit
and intent mandate the speedy administration of
justice, with least intention to technicalities but
without sacrificing the fundamental requisites of due
process. (Magallanes vs Sun Yat Sen Elementary
School)
Constitutional Principles on Labor:
The fundamental law of the land affirms labor as a
primary social economic force.
Section 3, Article XIII of the Constitution does not
directly bestow on the working class any actual
enforceable right, but merely clothes it with the status
of a sector for whom the Constitution urges
protection through executive or legislative action and
judicial recognition. Its utility is best limited to being
an impetus not just for the executive and legislative
departments, but for the judiciary as well, to protect
the working class. (Serrano vs Gallant Maritime
Services)
1987 Constitution on Labor (Article XIII Section 3):
The State shall afford full protection to labor, local
and overseas, organized and unorganized, and
promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right
to strike in accordance with law. They shall be entitled
to security of tenure, humane conditions of work, and
a living wage. They shall also participate in policy and
decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between
workers and employers, recognizing the right of labor
to its just share in the fruits of production and the
right of enterprises to reasonable returns on
investments, and to expansion and growth.
a. All time which an employee is required to
be on duty or to be at prescribed
workplace
b. All time during which an employee is
suffered or permitted to work.
c. Rest periods shall be counted as hours
worked.
2. Meal Periods: The law mandates every
employer to give his employees not less than
60 minutes time-off for their regular meals
3. Night Shift Differential: Night shift differential
shall not be less than 10% of his regular wage
for each hour of work
4. Overtime Work, including emergency
overtime work: additional compensation of
25% for regular days. Overtime work on
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
regulations, transfer of employees, work supervision,
lay-off of workers, discipline and dismissal of workers,
and recall of work. (San Miguel Brewery Union vs
Ople)
The only criterion to guide the exercise of
management prerogative is that the policies, rules,
and regulations on work-related activities of the
employees must always be fair and reasonable and
the corresponding penalties, when prescribed,
commensurate to the offense involved and to the
degree of infraction. (The Coca-Cola Export
Corporation vs Gacayan)
Employer-Employee Relationship
This refers to the contractual relationship between an
employee and his employee. The four-fold tests to
determine the relationship are (SHS Perforated
Materials vs Diaz):
1. Selects and engages the employee
2. Pays his wages
3. Has power to dismiss him
4. Has control over his work
Kinds of Employment
1. Probationary Employment: a probationary
employee is one, who, for a given period of
time, is being observed and evaluated to
determine whether or not he is qualified for
permanent employment. (Woodridge school
vs Pe Benito)
2. Regular Employment: employment is deemed
regular when the activities performed by the
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
hired for carrying out a separate job, distinct
from other undertakings of the company, the
scope and duration of which has been
determined and made known to the
employees at the time of employment and
their services may be lawfully terminated
upon the completion of the project.
4. Casual Employment: neither a regular
employee nor an employee with a fixed
employment for a specific project or
undertaking determined at the time of
employment or seasonal employee
5. Fixed-term employment: 2 elements
a. Fixed period of employment was
knowingly and voluntarily agreed upon
b. The employer and the employee dealt
with each other on more or less equal
terms
6. Field Personnel: Refers to non-agricultural
employees who regularly perform their duties
away from the principal place of business or
branch office of the employer and whose
actual work hours in the field cannot be
determined with reasonable certainty.
(Omnibus Rules Implementing the Labor
Code, Book III Rule 1 Section 2)
7. Managerial Employee: one who is vested
with powers or prerogatives to lay down and
execute management policies, and/or hire,
transfer, suspend, lay-off recall, discharge,
assign or discipline employees. Elements of
managerial duties include:
a. Performance of work directly related to
management policies
b. Customarily and regularly exercises
discretion and independent judgement in
the performance of his functions
c. Regularly and directly assists in the
management of the establishment
d. Does not devote 20% of his time to work
other than those prescribed.
1. Disciplinary Action, Grievance Machinery,
arbitration
2. Labor Organization
3. Labor Disputes
4. Unfair Labor practices Collegtive Bargaining
Agreement
5. Strikes and Lockouts
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.