GODOY, JERICO U.

LAW AND LAWYER’S ULTIMATE

2JD-B ROLE TO SOCIETY AND HUMANITY
I. NO SMOKING
1) It shows an obligation of the person not to do a particular action. It also
emphasized in capitalized and underlined form in order to give a reasonable
approach of the authorities in order to implement a rule that is correlated with
the life of people. The nature of the words written above is a classic example
of negative personal obligation under Article 1168 of the New Civil Code.
Under this Article, it is provided that if “the obligor does what has been
forbidden him, it shall also be undone at his expense. Hence, if a person still
smokes for when it is already forewarned those not to do it, the latter shall
bear the consequences of the same.
2) One of the possible other answer is that the words mentioned above is
considered also as a pure obligation under Article 1179 of the New Civil
Code.
It is provided under this article that the obligation whose performance does
not depend upon future or uncertain event, or upon a past event is
demandable at once. Hence, this particular action shows that it doesn’t need
time as long it was already demanded to us in a particular place that smoking
is not allowed, therefore, smoking shall not be done.
Another possible answer would be that based on a particular malum
prohibitum principle of Article 14 of the New Civil Code.
Under this article, it is provided that penal laws and those of public security
and safety shall be obligatory upon all who live or sojourn in Philippine
territory. Hence, a particular place that is set for “no smoking” area are bound
with the laws of the Philippines and can be challenged by a fine in a particular
city or municipality.
3) The meaning, scope, and coverage of the term smoking is an action that
a person already started to put a particular cigarette in his mouth. This is
because that a malum prohibitum principle has been applied.
In a malum prohibitum principle, it is said to be in a clear and present danger
that when a person made an overt act even without showing an intent, he
may held liable for a particular action. Hence, when a person put his cigarette
in his mouth in whenever a place is prohibited to do so, they may be
sanctioned by laws when apprehended.
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2JD-B ROLE TO SOCIETY AND HUMANITY
4) The meaning, scope and coverage of the term smoking is an obligation of
a person not to do that a cigarette be put into mouth because it constitutes
smoking already.
Under Article 1168 of the New Civil Code, an obligation not do from which a
person still do, it shall be undone at his own expense. Hence, the law
provides that a punishment depends in relation to ordinances and rules of
the cities makes the person undone his actions at his own expense.
Another answer that I can present is that it is demandable that smoking as
an action and in particular place is prohibited and can be sanction by
authorities.
In pure obligation under Article 1179 of the New Civil Code, it is provided that
an obligation not to do is demandable at once when it does not depend in an
uncertain event or even past event. Hence, as long as a particular sign is
posted in a particular place, the law prohibits and it is demandable that
smoking is not allowed.
5) I will just add in order that my answers becomes true and correct. The
addition that I can give is the implementation of these guided rules under the
principles mentioned above in the New Civil Code and malum prohibitum.
The problem with this matter is that there are less individuals who are
sanctioned by the rules regarding no smoking policy. We shall bear to
remember that we have our constitutional right for the public health and
safety, hence, a person who damages public health and safety shall be
penalized by law because what is meant of violating it is also a grave
violation of the Constitution.
5a) Yes, I am absolutely and certainly sure.
In the case of Oposa vs. Factoran, it is a duty of every individual to take care
of the environment because of transcendental importance. Our environment
passes through generations and we don’t want the environment that seeks
by the next generation to be a bad environment as it affect the welfare of the
people. Smoking in any place damages not only public health but only private
ones and many of them will damage the environment. Hence, these
principles guided by our Constitution, our existing principles, rules and
regulations must be maintained in order for us to live well and safe.
GODOY, JERICO U. LAW AND LAWYER’S ULTIMATE
2JD-B ROLE TO SOCIETY AND HUMANITY
6) The No Smoking is directed to a person already putting his cigarette into
his mouth. Again, the clear and present danger rule under our Constitution
because all of the person has a benefit of the doubt for which if you cannot
see a person doing such thing, you cannot try him to sue.
6a) as mentioned in the question “other than your Answer to (#3)
above”
The meaning, scope and coverage of the term smoking is an obligation of a
person not to do that a cigarette be put into mouth because it constitutes
smoking already.
Under Article 1168 of the New Civil Code, an obligation not do from which a
person still do, it shall be undone at his own expense. Hence, the law
provides that a punishment depends in relation to ordinances and rules of
the cities makes the person undone his actions at his own expense.
Another answer that I can present is that it is demandable that smoking as
an action and in particular place is prohibited and can be sanction by
authorities.
In pure obligation under Article 1179 of the New Civil Code, it is provided that
an obligation not to do is demandable at once when it does not depend in an
uncertain event or even past event. Hence, as long as a particular sign is
posted in a particular place, the law prohibits and it is demandable that
smoking is not allowed.
7) In this instant case, there is no place applicable and/or directed at because
there is no mentioned in the said problem that where this term “NO
SMOKING” was placed.
Given again in the principle of malum prohibitum and in the New Civil Code,
the intent is immaterial and when a person, in a particular place, as what
being mentioned above posted this particular sign means that a particular
place prohibited such action that can be sanctioned by fine or damages
against the city/municipality.
7a) as mentioned in the question “other than your Answer to (#3)
above”
GODOY, JERICO U. LAW AND LAWYER’S ULTIMATE
2JD-B ROLE TO SOCIETY AND HUMANITY
The meaning, scope and coverage of the term smoking is an obligation of a
person not to do that a cigarette be put into mouth because it constitutes
smoking already.
Under Article 1168 of the New Civil Code, an obligation not do from which a
person still do, it shall be undone at his own expense. Hence, the law
provides that a punishment depends in relation to ordinances and rules of
the cities makes the person undone his actions at his own expense.
Another answer that I can present is that it is demandable that smoking as
an action and in particular place is prohibited and can be sanction by
authorities.
In pure obligation under Article 1179 of the New Civil Code, it is provided that
an obligation not to do is demandable at once when it does not depend in an
uncertain event or even past event. Hence, as long as a particular sign is
posted in a particular place, the law prohibits and it is demandable that
smoking is not allowed.
8) In this instant case, there is no specific time nor does date mentioned or
directed because there is also no time specify in the word “NO SMOKING”
that is meant to be applicable and directed for it. It is the statement “NO
SMOKING” so provides.
8a) as mentioned in the question “other than your Answer to (#3)
above”
The meaning, scope and coverage of the term smoking is an obligation of a
person not to do that a cigarette be put into mouth because it constitutes
smoking already.
Under Article 1168 of the New Civil Code, an obligation not do from which a
person still do, it shall be undone at his own expense. Hence, the law
provides that a punishment depends in relation to ordinances and rules of
the cities makes the person undone his actions at his own expense.
Another answer that I can present is that it is demandable that smoking as
an action and in particular place is prohibited and can be sanction by
authorities.
In pure obligation under Article 1179 of the New Civil Code, it is provided that
an obligation not to do is demandable at once when it does not depend in an
GODOY, JERICO U. LAW AND LAWYER’S ULTIMATE
2JD-B ROLE TO SOCIETY AND HUMANITY
uncertain event or even past event. Hence, as long as a particular sign is
posted in a particular place, the law prohibits and it is demandable that
smoking is not allowed.
9) Yes, I may follow if the city/municipality so provides. It can be also simply
ignore if it does not implement properly because authorities do not enforce it
well.
It is very important for the authorities to set an example in such implementing
laws and regulations within their respective places because it is said to be
the mirror of its constituents. Hence, if an individual in a particular place sees
an authority who do not abide the law for smoking in a place that is prohibited,
hence, they cannot effectively implement the law as the rules placed on it
would be useless.
9a) If I follow/abide the law, it would be part of security to me and I have the
right to say things that are not properly do by individual. If I do not follow or
abide the law, I may be punished or sanctioned by law also.
In several jurisprudence and cases, it has been shown that every person
who do not abide to law punishes by law either by fine or imprisonment. It is
very elaborative in several court judgment that when a person violates the
law which on the counterpart protected the person’s rights as the case may
be.
10) In case of plain meaning, yes it is crystal clear but it becomes no because
it becomes vague when not implemented properly.
Basically, when we say NO, it means that we shall not do it and if there is no
word NO OR similar to NOT, means it is allowed. The said “NO SMOKING”
word is a crystal clear connotation as “smoking is not allowed” or it cannot
be done. On the other hand, reiterating, when the person in authority does
not implement it properly, the crystal clear word became a bronze word
because of indirect participation of people.
10a) No Smoking word then put on in a bigger posters as in case may be
then put on several fines and punishments. Put authorities in charge just like
in priorities in other crimes as such, illegal drugs wherein the patrol is there,
the latter considered such smoking as an illegal drug in order to sustain the
program regarding this matter.
GODOY, JERICO U. LAW AND LAWYER’S ULTIMATE
2JD-B ROLE TO SOCIETY AND HUMANITY
10b) it helps a lot for the clear and concise program of the authorities in the
implementation of the said rule. People noticed big signs as an immediate
alert that action must be taken place that emphasized that it is for public
purposes and for the good of the citizens in the country which is for all
generations.
B.
1) MORAL LESSON: Follow the law concisely and carefully.
I firmly believe that following the law makes you a good person, it protects
your rights and makes a person credited as a law-abiding citizen. There
might be a danger but the mere important is that you are aligned with the
law. We all wanted to be a in a good purpose of what we are, who we are as
a person who obtained such equal rights for the sake of every person, away
from danger and other contemplations.
2) It is very relevant because lessons teaches us how to appreciate the laws
that are bound to us. It is material that these laws were carefully created in
order for us to line up with the improving society. It is applicable and
significant to all kinds of aspects as to law school or legal profession because
again we all wanted to protect our rights in a balance scale that is equal to
all whether poor or rich regardless of age, sex, and race.
II. DEFINITION AND PURPOSE OF LAW
A
1) Law is a rule of conduct, just, obligatory, and promulgated by the
competent authority for the common good of a people or nation (quoted from
Sanchez Roman).
2) The purpose of the law is simply “to follow” by which the actions shall be
properly in a good way that performing things that are bound to an organized
rules. It helps a lot for the citizens as part of society in particular territory to
live in peace and for the good of all aspects of living.
B
1) Sanchez Roman is one of the known civilist who defined law as science
of moral rules founded on the rational nature of man in order to govern his
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2JD-B ROLE TO SOCIETY AND HUMANITY
free activity for the realization of his individual and social and or collective
needs.
He firmly believed that laws governs the activity of individual within the
society. In relation with its very nature of man, it is demandable and
reciprocal. Man is rational being which have the free will to exercise his rights
to achieve their dreams which cannot be barred and must be respected.
2a.) Elements/Components of Law:
1) Rule
2) Conduct
3) Promulgated by competent Authority
4) For the common good of people or nation
2c) Rule is what to be followed by society. Conduct is the action that shall be
seen within an individual. Just and obligatory is the kind of action that which
shall be conducted. Promulgated by the competent authority means that by
legislation, rules and regulations were properly organized. For the common
good means that it balances the rights of each individuals regardless of their
standing in life. “Of a people or nation” focuses on persons that all contribute
for the progress of one particular territory.
2d) Article 2 of the New Civil Code provides that “laws shall take effect fifteen
days upon publication in an Official Gazette or in a newspaper of a general
circulation, otherwise it is otherwise provided”.
Without this provision, our laws will not take effect unless published. Classic
example for this is the Bayanihan Laws which comprises of reliefs to the
Filipinos during the pandemic. It reveals that these law shall be published in
order for the common Filipinos what will happen to the money of the
taxpayers. Hence, it can foresee that it is for the common good because is
sustains the commodities and part of help to our communities in our country.
Article 3 Section 1 of 1987 Constitution, states that “no person shall be
deprive of life, liberty and property without due process, nor any person or
property shall be denied for equal protection of laws”
A very important provision which solidifies our rights for due process and
equal protection. This is why a person cannot be convicted easily without
judicial trial and hearings. It is important because all of people deserves not
GODOY, JERICO U. LAW AND LAWYER’S ULTIMATE
2JD-B ROLE TO SOCIETY AND HUMANITY
to be deprived as the Constitution mandated that we have right for due
process of law.
Article 1156 of the New Civil Code provides that obligation is a juridical
necessity to do, not to do, or to give.
This provision gives pavement to strengthen the rights of every individual to
his/her own property which if not complied are bound to courts and for
prosecution. Classic example is that a person who borrows something has
an obligation to return even simple things because it is bound by law.
3) As to the question of definition of law. I firmly believed that it is good
because it is created from the ancient times in order to follow for the common
good. Laws are progressive which also bounds to what society is now, that
is why there are several amendments passed in order to reach the goal of
the common good of the society.
4) The Law is good which differentiates to good law and bad law. The law is
for the common good of the society which is continuous to be stressed from
above answers. Good law means that in a certain facts such laws or
particular jurisprudence is still applicable in a particular set of facts. Bad law
means that the law is already vague because of changes in society which
the said law cannot already be applied.
C
1) The appreciation of Law which defines to what is being asked is also what
is being acted.
2) The Exercise 1 which correlated with exercise 2 strenuously gives
importance in applying the law to certain facts and events. The logical way
of partaking up in the usage and passage of law is very important for us to
live in such a way that we organize ourselves as a good person and
individual. The understanding of the law gives us the foundation on how to
initiate ourselves, guard ourselves to those persons who try to deceive and
confuse us in such principles which does not accept by the common society.
D.
The toll obligation and duty of a good lawyer as an officer of the court is to
exhibit a good moral example towards citizens of the country. We cannot
GODOY, JERICO U. LAW AND LAWYER’S ULTIMATE
2JD-B ROLE TO SOCIETY AND HUMANITY
practice properly the integral part of it if our hearts does not lay down to our
way, and that is, for the good of every citizens in our country.
III. PHILOSOPHICAL LEVELS – KINDS OF LAW
A
1a) Cannot – Hindi + (aksyon Na gagawin o ginawa)
1b) Will Not – Hindi + (aksyon Na gagawin palang)
1c) Ought Not – Hindi maaari o pwedeng gawin
2) It is all about the proper way to use them in a particular provisions of law
which shall be carefully observed. In reading a law, it is essential to
understand well every single word in which if not, it may endanger an
individual to a wrong interpretation. In a worst case scenario in a particular
trial, a wrong notion to the language of law may tend to dismissal of a
particular case.
a) If I were to arrange those words, I will arrange them to 1c, 1a, and
1b
My first choice is a preventive measure which forewarned a person of
not to act on something as If it might endanger him. It is similarly refer
to as one of the principles in the Constitution called as Dangerous
Tendency Rule wherein a certain action is being prevented because of
upcoming danger upon it. My second choice is similar to clear and
present danger rule because the danger is already certain and it is
prevented by means of particular action. My 3rd choice is the least one
because there is no action yet performed whether a good, bad, or even
obligation in such a way that a particular type of action is being away
to what upcoming danger is.
b) For the first choice, I might cite an example by which a person is
forewarned by a sign “bawal tumawid, nakamamatay” which
constitutes a warning that a tendency of death to a person if a possible
crossing to a road may do. In my 2nd choice, I cite an example of
shoplifting, wherein a person caught in the camera may not see the
CCTV camera. At the final moment, the person was caught and
punished by the crime of theft because of what he did. For my final
choice, an example for that is that having “jowa” in studies in law school
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2JD-B ROLE TO SOCIETY AND HUMANITY
might endanger our path in our career In law school because of several
circumstances that might affect the relationship of every individual not
just only to a law student but also to his partner also.
B
1) Moral lesson is to carefully read the law and do not comply with your own
language.
It is very important because there are many times that laws may be tricky at
ones but if we find out the real nature and the real situation behind laws that
we are studying, we are sure that we can connote it properly and use it
against persons or even certain individuals who try to intimidate us.
2) It is material because in every learnings, we have an action to partake of
that if we can proceed to use as pinpoint to point out our arguments for
example to raise, we may come up to a proper statements that we are surely
to comprehend for.
2C) the toll obligation and duty of a good lawyer as an officer of the court is
to exhibit a good moral example towards citizens of the country. We cannot
practice properly the integral part of it if our hearts does not lay down to our
way, and that is, for the good of every citizens in our country.
IV. COLLECTIVE ESSENCE/WISDOM IN ALL OF EXERCISES
The collective of essence of wisdom in all of the exercise is the courage in
pursuing the dream of becoming a lawyer eventhough we may suffer several
hardships as much as tiredness is concern but we need to think of that we
will face a strenuously world that we belong to. We will encounter people
who have different ideas whether good or bad but more importantly is that
we can survive as this life goes on and law studies must go on for the sake
of this country and for the people.