1. Titles of Philosophy A. Jurisprudence: knowledge of or skill of law.

Also meant as case law or body of law built up by the decisions of particular courts. NCC. Art. 8: Judicial decisions applying or interpreting laws and the constitution shall form part of the legal system of the Philippines. Judicial Decision is Jurisprudence. The study of jurisprudence is understanding or analysing the law in particular country but investigates what is common to the systems of law, the shared features of actual legal system. Jurisprudence concerns the knowledge of law as a science combined with the art or skill of applying it. Legislation is the science of what ought to be done towards making good laws, combined with the art of doing it. B. Legal Theory: an aspect of jurisprudence which deals with the question of what is the nature of law. Deals with law as it is. (sole concern of legal theory) as opposed to law as it ought to be (legislation) C. Philosophy of Law: Focuses on questions of jurisprudence. Regards as peripheral such as inquiry of other legal phenomena. Inquires not only on nature of law and of other legal phenomena but also the rational consideration of normative issues related to law. (like obligation to obey the law, enforcement of morality, the problems of ideal justice, liberty punishment.) 2. Art 10 salvacion The task of philosophy of law is to unveil the goal of law and its underlying motives (not motives of legislators primarily but of society that creates the laws and sustains them) In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. Salvacion Vs. CBP -court treated the petition for declaratory relief as one for mandamus considering the grave injustice that would result in the interpretation of banking law. -crime of rape committed by a foreign tourist against a Filipino minor and the execution of the final judgment in the civil case for damages on the tourists dollar deposit with a local bank, the court declared Section 113 of the Central Bank Circular No. 960, exempting foreign currency deposits from attachment, garnishment or any other order or process of any court, inapplicable due to the peculiar circumstance of the case. -The court held that injustice would result especially to a citizen aggrieved by a foreign guest like accuse this would negate art. 10 of the civil code: - The court therefore required respondents Central Bank of the Philippines, the local bank, and the accused to comply with the writ of execution issued in the civil case for damages and to release the dollar deposit of the accuse to satisfy judgments.

3. Descriptive law and prescriptive law Descriptive: Merely describes uniformities or regularitites in the world or nature. How events regulary happen.

Prescriptive: Do not describe but prescribe a type of behaviour which is supposed to be obeyed. Require the doing of abstaining from certain actions

4. Kinds of Legal theories A. Natural Law: = classical Greeks, There is an intrinsic, essential or conceptual connection or link between law and morality, morality provides the key to the proper understanding of law. Common Law Theory: a variation of the Classical Natural Law Theory as it was postulated that the common law was the embodiment of Justice or Natural Law. Procedural or Methodological Natural Theory; Fuller, 8 procedural requirements of law; General, Promulgated (published), prospective, intelligible, logically consistent, such as to require only the possible, relatively constant over time and applied as stated. Constructive or Jurisprudential Natural Law; Ronald Dworkin, Legal enterprise is constructive in the sense that the law is constructive in the sense that the law is being constantly interpreted and applied to satisfy 2 requirements, that of Fit and of Soundness. B. Legal Positivism Provides the simplest explanation of what law is. Law is a command, a hierarchy of norms, union of primary or secondary rules, a social fact. A product of human endeavour or human will. To valid, a law must simply follow the prescribed proper procedures for the enactment of law. Law need to fulfil any kind of moral content to be valid. C. Social Science Law as a product of human endeavour which has no essential connection to morality. In contrast to positivism, it studies law as a social phenomenon. In describing, law adapts an external or third person perspective. Law is seen merely as set of predictions and not as normative judgments to be obeyed or complied with. D. Radical or Critical Theoreis Marxist legal theory. Law is perceived as nothing but representing the interests of the moneyed or propertied class in society. 5. Approaches to philosophy a. Detached internal view: attempt to fully understand the nature of law, from assuming also the internal or participants point of view, that is, putting himself in the shoes of a lawyer or someone immersed in the practice of law and observing it from that perspective. The internal perspective provides an insight into the nature of the phenomena, not provided by an external on.e b. History: many of the observations philosophers make are in response to conclusions made by other philosophers and cannot be appreciated without knowing what these earlier philosophers claimed. c. Analytical: Conceptual Analysis is the method used. Concepts need to be clarified first before addressing normative issues.

d. Natural: law is a product of reason, from which arises the rationalist tradition in the philosophy of law as exemplified by natural law theory. 6. Emotive meaning (favorable or infavorable) Emotive Meaning: Avoiding unwarranted normative or substantive conclusions through persuasive definitions (some words have the effect of producing either favourable or unfavourable reactions on the part of hearer or reader . Favorable: eg. Democracy, freedom and culture. Unfavourable: eg. Violence, fascism and tyranny.

7. Kinds of definition a. Essentialist: one that captures the true nature or essence of that which is being defined. b. Lexical: called reportive or dictionary definition. c. Stipulative: purpose is linguistic one of enabling the reader to know when to use the word correctly and the criterion for logical correctness is confined to the linguistic world. 8. Twin beacons a. 4 in

Judiciary characterized by four Ins: independence, integrity, industry and intelligence; one that would be morally courageous to stand its ground against the onslaughts of influence, interference,indifference and insolence; and that is impervious to the plague of ships -- kin ship, relationship, friendship and fellowship.
b. Acid a. limited access to justice by the poor b. corruption c. incompetence d. delay in the delivery of quality judgments.

c. Disjunctive inclusive schemes

The disjunctive scheme would have us embrace the view that for prosperity to be achieved, the peoples freedom must be curtailed in some respects. This position is not new at all. Shades of this standpoint are strikingly extant in social-contract theories. These theories postulate the surrender of individual freedoms and liberties to the State or the collectivity, as a precondition for the protection and prosperity promised by life in an ordered society. We in the Philippines, for example, have been advised -- no doubt by well-meaning friends -- not to take our liberty too seriously, if we want to see the economy take off. On the other hand, the second position sees a causal relationship between liberty and prosperity; it sees that fostering liberty is a precondition for

the advent of prosperity. The fundamental idea is that persons are entitled to have certain wants satisfied and certain existing needs filled by the government, without any direct charge other than their payment of general taxes. The third position, with which my philosophy is aligned, regards liberty and prosperity as mutually inclusive. It advances the view that liberty must include the freedoms that prosperity allows. In the same manner, prosperity must include liberty, especially the liberty to strive for the good life according to a persons conception. Liberty becomes the guarantee that, free from all undue interference and suppression, we all can conceive of the good life and act according to those conceptions! I venture the proposition that a society marked by such liberty is prosperous.

9. Fr. Aquino a. Justiciability: it is the pursuit of justice through the protest against injustice. The usefulness of the concept of justifiability is closely linked with the integrity of the judge, the rationality of the legal system and the competence and credibility of the judicial institutions. b. Morality: referred to in the law is public and necessarily secular not religious as the j. Carpio holds. Religious teachings as expressed in public debate may influence the civil public order but public moral diputes may be resolved only on grounds articulable in secular terms. IF the govt relies opon religious beliefs the resulting policies and morals would require conformity to what some might regards as religious programs or agenda. 10. 4 conditions for the act of judging: a. existence of the written law b. the presence of an institutional framework- courts, appeal courts c. the intervention of qualified d. course of action constituted by the trial or judicial process, where the pronouncement of judgment constitutes the endpoint, 11. Concept of morality

12. Estrada vs escritor a. Benevolent neutrality theory: the principle underlying the first amendment is that freedom to carry out ones dutie to a supreme being is an inalienable right, not one dependent on the grace of legislature. Religiious freedom is seen as a substanctive right and not merey a priveldge against deisrimatory legislation. With religion looked upon with benevolence and not hostility. Benevolent neutrality allows accommodation of religion under certain circumstance. b. Compelling state interest test: is the notion that free exercise is a fundamental right and that laws burdening it should be subject to strict scrutiny. 13. Oposa vs factoran a. Deconstructive reading on locus standi Re-reading the law is deconstructing it to explore the unread, the unfamiliar. Petitioners minors asserts that they represent their generation as well as generations yet unborn.

On locus standi: accepted reading of the rules would have denied the children any standing outright but CJ Davide ventured into the unfamiliar, the moving force of all deconstruction. 14. Fornier vs comelec a. Legitimate and illegitimate political etc 15. Twin beaons liberty and prosperity