ENDS AND EFFECTS OF LAW
I. LAW & JUSTICE
18th-century statue of Lady Justice, at the Castellania, a symbol of justice. She is
a goddess with three items symbolic of justice: a sword, scales and a blindfold (from the
net)
Injustice anywhere is a threat to justice everywhere.
– Martin Luther King Jr.
ORIGIN
Ancient Greek word for “justice”, dikaiosunê, refers to morality as a whole, or
“right conduct”,
The English (and French) word “justice” comes from the Latin iustitia (whose
root is ius, “law”).
Medieval thought, indebted to Roman Law, made justice virtually identical
with law broadly understood, either positive or “natural”, the latter being
equivalent (as in Greek usage) with morality or ethics. In both cases to act
“justly” is, given certain human ends, to act rationally.
Justice – often associated with criminal justice system
Most sciences – social justice
Guiding principle for a just social order and humane society
Law – a rule of conduct, just and obligatory, promulgated by a legitimate authority, for
common observance and benefit. (US v. Trinidad)
Justice -- the fair and proper administration of laws.
(Black’s Law Dictionary, Standard 9th Edition)
Law – means
Justice – end
JUSTICE IN OUR LAWS:
1987 Constitution, Preamble:
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build
a just and humane society, and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity, the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with
all nations.
NEW CIVIL CODE:
CHAPTER 1
Effect and Application of Laws
Article 10. In case of doubt in the interpretation or application of laws, it is presumed
that the lawmaking body intended right and justice to prevail. (n)
CHAPTER 2
Human Relations (n)
Article 19. Every person must, in the exercise of his rights and in the performance of
his duties, act with justice, give everyone his due, and observe honesty and good
faith.
Statutory Construction:
Unquestionably, the law should never be interpreted in such a way as to cause injustice
as this is never within the legislative intent, in fact, for we presume the good motives of
the legislature, is to render justice.
As judges, we are not automatons. We do not and must not unfeelingly apply the law as
it is worded, yielding like robots to the literal command without regard to its
consequence.
(Rodriguez)
Judge is duty bound to apply the law.
Failure will result to injustice
Presumption against injustice.
Congress never intends to do injustice. Rather it is presumed that it shall
do right and give justice.
Do we apply the law even if it is unjust or do we administer justice even against the
law?
-Justice Isagani Cruz
Equity is justice sweetened with mercy.
-Justinian
II. EQUITY
What is Equity?
Denotes the spirit and the habit of fairness, justness, and right dealing which
would regulate the intercourse of men with men.
A venerable group of rights and procedures to provide fairness, unhampered by
the narrow strictures of the old common law or other technical requirements of
the law.
"Equity derives from a concept of social justice. It represents a belief that there
are some things which people should have, that there are basic needs that should
be fulfilled, that burdens and rewards should not be spread too divergently
across the community, and that policy should be directed with impartiality,
fairness and justice towards these ends." (Falk et al. 1993)
Plato and Aristotle’s Concept of Equity
“The differences of men and actions, and the endless irregular movements of
human things, do not admit of any universal and simple rule. No art can lay
down any rule which will last forever….”
“Justice that goes beyond the written law”
Reason for the creation of Equity
Creation of the equity as a system of law was to serve as a means through which
a legal system could strike the balance between the rule-making process and the
need to achieve fair results in individual and separate circumstances (Megha K.,
2008).
Historically, the High Court of Chancery in England administered the equity
system of justice in the exercise of its extraordinary jurisdiction.
The equity system is attributed for contributing significantly towards the
development of law. These contributions are particularly evident in the areas of
auxiliary (new procedures), exclusive, and concurrent jurisdictions.
These three categories are elaborated as follows:
Auxiliary jurisdiction: equity has contributed to the rise of new procedures
created from discoveries made by the court of chancery in documents, subpoena
of witnesses, interrogates, and from testimonies made on oath.
Exclusive jurisdiction: these are new rights also created by the court of chancery
but which the common law courts had failed to enforce e.g. partnerships,
mortgages, bankruptcy, company law, trusts and administration of estates.
Concurrent jurisdiction: refers to the new wide range of remedies that the equity
system developed for the enforcement of rights both at law and in equity.
III. EQUALITY
Equality – the quality or state of being equal, especially in status, rights and
opportunities
Equality vs Equity
Basis for Comparison Equality Equity
A state, where everyone is The virtue of being just,
Meaning
at the same level even-handed and impartial
What is it? End Means
Distribution Even Fair
Differences and attempts to
Sameness and treats
Recognizes counteract unequal
everyone as equals
individual opportunities
Providing everyone, the People have what they
Ensures
same things need
Equality is the lifeline of the democratic society.
Formal Equality
o When two persons have equal status in at least one normatively relevant
respect, they must be treated equally to this respect.
Proportional Equality
o A form of treatment of others or distribution is proportional or relatively
equal when it treats all relevant persons in relation to their due.
Moral Equality
o The principle of equal respect for all persons and of the equal worth or
equal dignity of all human being.
Equality under the law
o Each independent human being must be treated equally by the law and
that all people are subject to the same laws of justice.
Issues on Equality Today
o Bullying and Harassment
o Age
o Disability
o Gender
o Race
o Religion or Belief
o Sexual Orientation
o Transgender
Equality works, only if the starting point of every individual is same. Equity is
essential in order to achieve equality.
IV. HUMAN RIGHTS
Human rights are rights inherent to all human beings, whatever our nationality,
place of residence, sex, national or ethnic origin, colour, religion, language, or
any other status. We are all equally entitled to our human rights without
discrimination.
Categories Of Human Rights
o Civil Rights
Include the ensuring of peoples' physical and mental integrity, life,
and safety; protection from discrimination on grounds such
as race, gender, national origin, colour, age, political
affiliation, ethnicity, religion, sexual orientation, gender identity,
and disability; and individual rights such as privacy and the
freedoms of thought, speech, religion, press, assembly,
and movement.
o Political Rights
include natural justice (procedural fairness) in law, such as
the rights of the accused, including the right to a fair trial; due
process; the right to seek redress or a legal remedy; and rights
of participation in civil society and politics such as freedom of
association, the right to assemble, the right to petition, the right of
self-defense, and the right to vote.
o Economic Rights, Social Rights, Cultural Rights
Are socio-economic human rights, such as the right to
education, right to housing, right to adequate standard of
living, right to health and the right to science and culture
V. MORALITY
Morality, defined
o System of principles and values concerning people's behaviour, which
is generally accepted by a society or by a particular group of people.
Evolution of law in relation to morality
o Primitive law
- Rule of strict liability/absolute liability
- Law is formal and unmoral
- It regards the word and the act of an individual
- “The thought of man shall not be tried, for the devil himself
knoweth not the thought of man.” - Chief Justice Brian
o Modern law
- Ethical standards of reasonable conduct
- Actus reus non facit reum nisi mens sit rea
- Act of self-defense, culpability of the insane, availability of
equitable remedies, and compensation for damages
Philippine laws imbued with moral principles
o Arts. 19, 20, 21, NCC
Art. 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter
for the same
Art. 21 Any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage
o Art. 2154, NCC
If something is received when there is no right to demand it,
and it was unduly delivered through mistake, the obligation to
return it arises.
o Art. 11, RPC
Art. 11. Justifying circumstances. — The following do not incur
any criminal liability:
1. Anyone who acts in defense of his person or rights,
provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to
prevent or repel it.
Third. Lack of sufficient provocation on the part of the
person defending himself.
When what is legal may not necessarily be moral
Roe v Wade 410 U.S. 113 (1973)
- Abortion case
- “right to an abortion as a fundamental right included within the
guarantee of personal privacy”
- Trimester framework: balances the woman’s fundamental right to
abortion with state’s interest to preserve a “potential life”
- First semester = when abortion procedure is safer than
childbirth = no state interference
- Second semester = state’s interest in protecting the health of
the mother
- Third semester = state’s interest in protecting the unborn
Estrada v Escritor A.M. No. P-02-1651 (2006)
- Conjugal arrangements
- Benevolent neutrality and the free exercise clause
