Intro Wednesday, RA 9266 Introduction to Law What islaw ‘+ Asset of niles within a group of people What which is laid down, ordained or established A rule or method according to which phenomena or actions co-exist or follow each other. That which must be obeyed and followed by citizens, subject to sanctions or legal consequences (Koenig v. Fynn, 258 NY. 292, 179 N.E. 705) Off sheet of your cultures/values ofthe people Govems how we conduct ourselves Agreement - congressmen senators are our representatives Historical Evolution of Philippine Law — + Periods of Political Development (before 1521) + Spanish Re © Wealready hada sophisticated legal system Barangay—an independent and self-sustaining political unit Datu—the head ofa barangay Rajah—the higher chief of a group of barangays Our ancestors actually had sophisticatedlaws which were mostly unwritten andhanded down by word of mouth ime (1521-1898) © 333 Years of Spanish Rule = PHwasruled by Spain, through Mexico, through royal decrees. (Fuero Jusgo, the Fuero Real, Las Sietes Partidas, Las Leyes delas Indias, La Novisima Recopilacion) + Las Leyes de las Indias—shapedthe lives of our Indios © Last 50 Years Under Spain + Application of several co des and laws, which eventually became the foundation of our Civil, Criminal, and Pro cedural Laws Became the foundations of our current laws Gvil and Criminal laws are patterned with the Spanish Laws Constitution is based on the American Constitution Code—mas malawak ang sakop, mas maraming subjectsna cino cover © Cession of the Philippines to the US + PHwas sold for US$20 Million, formalized through the Treaty of Paris, ©. Laws of the Indies—town planning + Hindi lang concepts, they affect our everyday lives © Ignorance of the law excuses no one. As productive members ofthe society, you're expected to know American Law © Military Government = Military governor exervised all the powers ofthe governmentin the © Civil Government © Commonwealth Government Japanese ‘© Pupper President JP Laurel ‘© Around500,000 Filipinos died during the Japanese Occupation Philippine Republic July 4, 1946 inauguration © 1935 Constitution + American style presidential form of government + Basic powers of govt distributed between executive, legislative, judiciary (checks and balances to prevent the consolidation of power to a single person/branch of the governmentbc there might be abusive power) + 1935 const Fgovernminig fundamental law of the land © Thepresident canhave2 termswith 4 years each Martial Law Period © 1973 Constitution established a parliamentary form of government and merger of executive and legislative powers © Hereplaced congress with a single chamber (from senators and congressman) © As aprime minister may only beremoved from power if they have lost their confidence in theprime minister © Legality isnot a concept of justice and morality, but a concept of power © Allowedthepresident to make laws© NBCPis apresidential decree (1096) = All PDs are promulgated during the Martial Law + BP— single chamber ni Marcos + 1986 to Present © Anew government was installed © Wepromulgated 1987 Constitution, the only govemninglaw of the Philippines. © Unless and until anew one is enacted following the pro cess laid down in the Constitution STRUCTURE OF GOVERNMENT Executive Department © Ensures that laws are faithfully executed © Can issue administrative regulations, issuances, and memoranda, toimplement the law Legislative Department ‘© Bicameral body composed of Senate and House of Representatives © Exercises legislative power Judicial Department ‘© Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines Structure of the Goverment + Executive Department © Ensures that laws are faithfully executed © Caxissue administrative regulations, issuances, and memoranda to implement the law + Legislative Department ‘© Bicameral body composed of Senate and House of Representatives © Exercises legislative power + Judicial department ©. Judicial decisions applying or interpreting the laws or the Constitution shall form apart ofthelegal system ofthe Philippines ‘©. Analysis/interprets the law so that all laws "match" Sources and Qassification of Law + Statute Law — legistation by the lawmaking bo dy + Case Law — decisions of the Supreme Court ‘© They form part of the Law. ©. Pending case b/w PICE andUAP—whether or not CEs can sign architectural stuff Hierarchy of Laws 1. Constitution a Defines the structure of the government 2. Laws, Treaties, Judicial Decisions a If alaw goes against the constitution, it wil be struck down as being unconstitutional 3. Administrative Issuances, Ordinances a Implementations ofthe Law b, Hindimo kayang ilagay ang lahat ng specifications sa laws, that's why IRR exists. ¢. Ordinances are issued by city smth smth 4, Rules of Procedure Application to ArchitectureAPPLICATION TO ARCHITECTURE « ‘NATIONAL BUILDING CODE IMPLEMENTING RULES (OF THE PHILIPPINES ‘AND REGULATIONS Jaw that governs all building promulgated to implement the and construction in PH policies and objectives under PD 1096 (promulgated by Marcos in his ‘capacity aslegislator during (issued by the DPWH) ‘Martial Law) “The practice of all professions in the Philippines shall be limited to Filipino citizens, veep access g ecg Boa aa ON ee Ne RCU RC cH TCs rvHt Poa ia meni ersacat tai Casati (a) He/she is a Filipino citizen or a citizen of a foreign Cate cnn en Cesc tC esc lC ECs evar to Sms d Inconsistency: save in cases prescribed by law HOW DO YOU CHANGE OR REPEAL A LAW Express Repeal Express or declared repeal means that the repeal is contained in a special provision of a new/subsequent law. Implied Repeal Implied or tacit repeal takes place when the provisions of a new/subsequent law are incompatible or inconsistent with those of an earlier law. Express Repeal ‘+ Express or declared repeal means that the reped is contained in aspecial provision of a new/ subsequent lawGeet he Crees ete aa OR EEE eerste en ORC e eC msec eet eit laws, orders, rules and regulations or resolutions or po tae Rete stlao toca Ue Belson al toe tad eee eee mst iticee Bea Old architecture law Implied Repeal ‘+ Implied or tacit repeal takes place when the provision of anew/subsequent law are incompatible or inconsistent with tho se of an eartier law. + Hindi pwedengmag-co-exist yung dalawangbagay See. 2. (a), RAL No. 544 (As Amended by B.A No. 1582 “The practice of civil engineering within the ‘meaning and intent of this Act shall embrace services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, airports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures for irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. The enumeration of any workin this section shall not be construed as excluding any other work requiring civil engineering knowledge and application.” Sec. 3. (4), fA. No. 9266 “Scope of the Practice of Architecture” encompasses the provision of, professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration oF alteration ofa building or ildings. Services may include but are not limited te: } and structural conceptualization.. ‘SEE ALSO: SECTION 29. PROHIBITION IN ‘THE PRACTICE OF ARCHITECTURE + This isnot an impliedrepeal, this is rather a co-existence of this one + Section 29—-prohibition: if you practice the scope if you're not an architect. this is a cime. + Department Order of DPWH that accepts architectural plans signed by Ces Pending cases don'treleaserecords Laws arenot hard to understand it's just po or drafting of laws.