COURSE SYLLABUS

LAW 122N
LEGAL PHILOSOPHY
(1A, Room 71GC, 6:30-8:30)

I. COURSE DESCRIPTION
A study of the main currents of jurisprudential thought; the material and ideal views on the
nature of the law; the significance of the law as a means of social control; and the problems
and perspective deemed significant together with the nature of the solutions advanced
affecting the social structure.

II. COURSE OBJECTIVES

At the end of the course, the students shall be:
1. Aware of the different perspectives of legal thought;
2. Able to identify how these perspectives are applied, especially in laws and in court
decisions; and
3. Able to develop a foundation for critical legal thinking.

III. COURSE OUTLINE

A. Introduction: Philippine Situation
1. The “X” Factors of Philippine Legal Paradigm
 Philawsophia, Chapter 12
 Cruz v. Secretary of Environment and Natural Resources, G.R. No. 135385, 6
December 2000, Separate opinion of J. Puno
 Office of the Court Administrator v. Judge Floro, A.M. No. RTJ-99-1460, 31 March
2006
 Imbong v. Ochoa, G.R. No. 204819, 8 April 2014
2. Brief Background of the development of the Philippine law
 In re application of Max Shoop for admission to the practice of law, 41 Phil. 213
(1920)
3. Application of different perspectives
 Republic v. Sandiganbayan, G.R. No. 104768, 21 July 2003 [All opinions]
4. Jurisprudence, Jural, and Non-Jural Laws
 Introduction to Legal Philosophy, Chapter 1

B. Theories
1. Historical Perspective
 Introduction to Legal Philosophy, Chapter 2
2. Teleological Perspective
 Introduction to Legal Philosophy, Chapter 3
3. Positivist Pespective
 Introduction to Legal Philosophy, Chapter 4
4. Functional Perspective
 Introduction to Legal Philosophy, Chapter 5
5. Legal Realist Pespective
 Introduction to Legal Philosophy, Chapter 6
6. Policy Science Perspective
 Introduction to Legal Philosophy, Chapter 7
 *The lecturer reserves the option of amending the reading list, assignments, and
cases as exigencies warrant.

IV. COURSE REFERENCES

1. Introduction to Legal Philosophy (2003) by Crisolito Pascual (main textbook)
2. Philawsophia: Philosophy and Theory of Philippine Law (2017) by Nicolo F. Bernardo
and Oscar B. Bernardo
3. Legal Philosophy for Filipinos (2011) by Gil Marvel P. Tabucanon
4. A Course in Legal Theory (Vol. 1): Natural Law Theories (2011) by Emmanuel Q.
Fernando
5. A Course in Legal Theory (Vol. 2): Legal Positivism (2012) by Emmanuel Q. Fernando

Note: Source material for the course will not be limited to the enumerated textbooks.

V. STANDARD GRADING SYSTEM

40% Class Participation – Recitations, Quizzes, Attendance
30% Midterms
30% Finals

The lecturer may give a special project details of which will be discussed in class.

VI. CLASS RULES

Attendance will be taken at the beginning of each class. Students may take the
allowable number of absences according to the number of units of this class.
Absence does not excuse the student from being called. If called, the absentee
student will automatically receive a grade of 65. Medical Certificates will be
accepted to cancel the grade of 65 only if the student himself/herself is confined
at the hospital. No other certificates/excuse letters will be accepted.

Exceeding the number of allowable absences will automatically result in the

dropping of the student from the class list.

Students with perfect attendance will get a plus one (+1) in the final grade for this
subject. Medical Certificates are not accepted for this purpose.

Recitations will be conducted at random every meeting. Students may be called

more than once per meeting. Quizzes may be announced or unannounced.

Students are not allowed to use any electronic gadgets (cellphones, tablets,
laptops, etc.) during class. If a student’s cellphone or electronic gadget rings
during class, the whole class will take a quiz. Students are advised to prepare a
sheet of yellow pad every meeting for this purpose.

Students are requested not to leave the classroom once attendance has been
called.

Dress code will be strictly observed. Students must always be in business attire during class
hours. Those who are not in dress code may be asked to step outside the classroom.