ENDS and EFFECTS of LAW For Submission Group 5 1 Edited

University of the East - Manila, College of Law
ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)
Professor: Atty. Jack Andrew O. Miranda
Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre
University of the East

Manila
College of Law
In partial fulfillment of the requirements in
Philosophy of Law
ENDS AND EFFECTS OF LAWS

(Justice, Equity, Equality, and Human Rights)
1
Submitted by:
Group 5
Camille Angeli Fullante - Justice

Emnie Valerie Duran - Equity
John Paul Solano - Equality

Noreen Patricia Nombre - Human Rights
Section I-C-1
(Wednesday class, 3:00PM to 5:00PM)
(A.Y. 2018 - 2019)
Submitted on August 26, 2018

ENDS AND EFFECTS OF LAWS
2
A. Definition of Law
A Law, as defined in the specific sense, is a rule of conduct, just and
obligatory, promulgated by a legitimate authority and of common
observance of benefit. It tells us what shall be done and what shall not be
done.1
As a rule of human conduct, the law takes cognizance of the external
acts only, it is considered a positive command imposing a duty to obey and
it involves sanction which forces obedience. In a democratic country, it is
the legislature that is the legitimate authority which promulgates most of
the laws. Under the 1987 Constitution of the Philippines, laws called
“statutes” are enacted by the “Congress” (the name of the legislative
branch of the Philippines). Also, laws are intended by man to serve man. It
regulates the relations of men to maintain harmony in the society and to
make order and co-existence possible. Therefore, laws must be observed
by all for the benefit of all.2
In the general sense, law determines not only the activities of men as
rational beings but it also determines the movements or motions of all
objects of creation (whether animate or inanimate). The only difference
between other objects of creations from that of man is that man has his
own complex free will which can make him creatively exercise his choice
on whether to conform with some laws or not; while the other living things
and non-livings things, have less power and no power at all, respectively,
to defy their instincts and the laws that govern them.3
B. Ends and Effects of Law

An “end” is defined as an aim or outcome that is being worked
toward. In other words, the end is the purpose or the final product of
something. It is the ultimate object, goal, or the expected result of an
1
De Leon, H. S. “Law on Obligations and Contracts, Rex Bookstore
2
supra
3
ibid
3
endeavor, activity or a phenomenon. It is also the state of affairs that a

plan is intended to achieve. When the desired end has been achieved,
then we can say that the end of something has been accomplished or
fulfilled; otherwise, the end is considered to be defeated. Since law itself
is not an activity, but the pursuit of the ends of law is the activity; such
pursuit’s success or failure could define its effects and whether the end or
the deeper mission end the law is achieved or not. Aristotle and Aquinas
both believed that laws make man good, and that it is the law’s mission to
enable the human person to achieve his fullest development.
On the other hand, when we speak of “effect”, it purports a change
that results when something is done or happens. It is something that
inevitably follows an antecedent such as a (cause or agent). It is an
aftermath, consequence, outcome, result, or a product of a something,
whether it be an activity, a phenomenon or merely an existence of
something.
In comparison, an “effect” could be something that is more inevitable
than an “end”; for you have to wait and observe what would be the effect
of something while an “end” is something that is less inevitable because it
is an effect that is more specifically expected from a happening or
existence of something. An “end” can be defined and determined in mind
before any initiative or process could be started, as a desired result of the
same; while the “effect” will depend on the success or the failure of the
said pursuit.
Law is not an end in itself. It may be viewed as a means of social

control--the control of social behavior that affects others.4 Ideally, the
law itself (as described above in the specific sense as “just”, for they are
the laws intended by man to serve man at large) ought to achieve its ends
and effects which are essential to be fulfilled in order to maintain
harmony in the society and to make order and co-existence possible. 5
While laws as defined in the general sense which have a wider scope
have their general ends and desired effects, because not all laws in the
general sense are ideal unlike those laws in the specific sense. Laws in the
4
De Leon, H.S. “Law on Obligations and Contracts”, citing Howard & Summers, Law, Its Functions,
and Limits [1965 ed.], p.38)
5
4
general the sense could be oppressive or unconstitutional. It could be like

a tool, specifically a knife, which could be utilized to either build or
destroy depending on the motive of the one who will create or use it.
Also, law as a tool can also be compared with either the acquisition or
deprivation of wealth or money, as either acquisition or deprivation will
not define or alter one’s attitude, but rather, either will just amplify who
and how indeed a person is. Acquisition of huge amount of wealth of
money will amplify who a person is. If he is good, it can amplify his
goodness because he can use such wealth and money to even do more
good things towards the others in the society. In such a way, when he has
more, he can exercise his generosity on a larger scale. On the other hand,
if he is bad, acquisition of huge amount of wealth and money can amplify
his inclination to do things that are evil which are inimical to the welfare
of other and to the society as a whole. The same goes with deprivation of
wealth and money, as this can also amplify whether one is good or bad.
Despite being in poverty, a man indeed will stick to his virtuous principles
and values. In comparison with law, those person who are in the position
to make, implement and interpret the law are more privileged to use law
as a tool which can amplify their goodness or evilness.
Lawmaking tyrant and dictators do not generally care for the good of
the citizens but for personal gain and aggrandizement. However, the
solution to such risk is the Rule of law or the Supremacy of the law which
states that no one is above the law.6
Aristotle’s solution was to strengthen the law, and make it the
regulator of human of human conduct. He proposes to make law stable
enough to withstand the fickle passions of the people, including that of
the ruler who must submit himself to the law. Aristotle proposes the
adoption of a state constitution from where all other laws of the land will
be measured. The citizens will be forewarned of the legitimate and
illegitimate courses of action, this way, the society is safeguarded from
the accidental factors in governance such as human whims, caprices and
differences in personality styles of its leaders. 7
6
Tabucanon, M. P. “Legal Philosophy for FIlipinos: A Case Study Approach
7
Supra
5
Weeramantry summed up Aristotle’s view on the end of law as follows:

the purpose of law then was to assist man to the attainment of his fullest
potential in society. Since each individual’s is not the same as that of the
others, every effort must be made, therefore, to draw out his best
capabilities. For this, education is necessary and becomes the
responsibility of the state, for the ethical end of the state is to develop
each individual’s natural gifts to their maximum capacity. The state fully
attains its ends when it succeeds and developing and maintaining a life
rich in noble aims and deeds. Law likewise fulfills its supremest function
when it assists the state to this end. It must in its ideal form help every
individual towards perfection. 8
Aquinas countered the objections which argued that laws as such do

not necessarily make men good.
1. Arguments that laws do not make man good.--These arguments
point that: a) it is “virtue” and not “law” which makes men good; b)
goodness precedes law, that is, man obeys law because he is already
good, in the same way that bad men violate the law by being bad.
Goodness precedes obedience to the law, and not its consequence;
c) there are people who are”good” to the community but “bad” on
those referring to themselves. Ex. A good leader or philanthropist who
smokes and drinks heavily.9
2. Aquinas’ reply.-- to the arguments espousing that laws do not

necessarily make men good, Aquinas counters:
a) that every law’s aim is to be obeyed by those whom the law is

addressed, and that the “proper effect” of law is to lead its subject
to their proper virtue. Since “virtue” makes men good, it follows that
the proper effect of law is to make men (the recipients and subjects
of law), good. As Aristotle says: “lawmakers make men good by
8
Ibid
9
Ibid
6
habituating them to good works.” 10 The law may serve as a guide to

rehabilitation or a means for reparation from the effects of deviation
of a person from what is good. It could also be a means or guide to
begin his journey towards changing for the better and form new good
habits.
b) that “goodness” as such is not the only reason why people obey the
law, Some obey for fear of the consequences such as punishment or
having a particular transaction declared void which means losing the
state’s cooperation in enforcing the private agreement. 11
c) since the individual is part of the whole, the goodness of the

individual will be felt proportionate to the common good. This means
that if it is the law’s duty to promote individual good, the law need
likewise promote individual good since the individual good makes up a
societal good. 12
d) a tyrannical law is, strictly speaking, not a true law. It is a

“perversion of law”, and one that is not in accord with “reason.”13
The ends and effect of laws (as defined in the specific sense) are,
but not limited to the following:
I. Justice
II. Equity
10
ibid
11
Ibid
12
Ibid
13
Ibid
7
III. Equality
IV. Human Rights
I. JUSTICE
A. Introduction (Lady Justice)

Justice and law are twin concepts, and their connection is deep as to be
interchangeable. Courts in the Philippines are called “Halls of justice,” and
the highest magistrates of the land are called “justices”. Justice is one of the core
concepts in the study of law. Justice and law are so intertwined, their boundaries
are blurred and indistinguishable. It is safe to say that justice is that quality of
being “fair” or “just. The universal symbol of the courts of law is that of a
blindfolded “lady justice.” 14
Image: https://www.ebay.com.sg/itm/Blind-Lady-Scales-of-Justice-Lawyer-
Statue-Attorney-Judge-BAR-Graduate-Justitia-/180746559968
14
8
In Roman mythology, she is “Justitia” the goddess of justice; she is

blindfolded, carries a sword and a balance. She is draped in ancient Roman
toga, holding a balance in one hand and a sword in another. The blindfold
covering represents “impartiality,” that is, the giving weight only to the
evidence in a trial, not to the wealth, societal stature or station of the
accused. 15
https://openhpsdr.org/themis.php
However, Lady Justice in Greek mythology is called “Themis,” the goddess

of justice and law. She has a gift of clear-sightedness and prophecy, and
represents common consent, not coercion. For this reason, she is not
blindfolded and does not carry a sword. 16 Under the doctrine of reasonable
classification, Lady Justice cannot be blind of distinctions because equality
does not have to mean same treatment, but “proportionate treatment.”17
The scales of justice relate to fairness in the judicial process. The sword
symbolizes Lady Justice's authority to make decisions. Furthermore, the sword
indicates respect of the decision. Power of reason and power to enforce law
15
Supra
16
Ibid
17
Bernardo, O.B & Bernardo N. F., “PHILAWSOPHIA: PHILOSOPHY AND THEORY OF PHILIPPINE
LAW”, REX BOOKSTORE
9
and judgment. Lady Justice's blindfold stands for impartial, objective decision
making. Finally, the snake that Justice crushes underfoot. The obvious
symbolism is that, the snake being a general symbol of evil, justice triumphs
over injustice, corruption, bias, and intimidation.18
Taken all in all, Lady Justice symbolizes all the ideals that embody the
concept of justice. Ideally, true justice should be the impartial application of
reason to ensure that all parties receive what they deserve to receive. Lady
Justice’s stoic, stalwart figure reminds us all that justice is not to be confused
with kindness, because to give all parties what they deserve may require
cruelty and kindness in equal measure, as befits the situation. Justice is also
not to be confused with equality; the scales may be balanced at some times
and justice may also entail equality, but to give all parties what they deserve
may mean taking from some to give to others. 19
In summary, Lady Justice is ultimately a symbol of neutrality, as justice

itself must be neutral to be truly called justice. All of her symbols emphasize
that justice should never work in favor of any man, and that the judgments of
justice should always be carried out impartially, with the power of Reason and
the power of the law, which is Reason codified. She serves as a reminder that
the concept of justice is universal and timeless, as the Greeks, Romans, and
Egyptians knew and as we know today.20 Moreover, the symbol incorporates a
woman and not a man because woman represents continuity. A woman gives
birth and so carries within her no less than the future itself. 21
B. Definition of Justice
Justice is one of the bedrock principles of law. Justice, is “equality in
proportion,” to render to each what is due, says Aquinas. Justice is to give
what one deserves according to the same standard, measure, or formula. 22
18
https://www.quora.com/What-does-Lady-Justices-blindfold-balance-sword-femininity-and-any-
other-elements-symbolise
19
Supra
20
Ibid
21
Raymund Fernandez “Opinion: Lady Justice” http://cebudailynews.inquirer.net/120322/ lady-
justice#ixzz5PIhTKRgn, January 24,2017 - 07:59 PM
22
10
Like Plato, Aristotle also defines justice as giving everyone his due. This
principle that every individual must be given his due is the foundation of all
kinds of “order in the human world”. It may be said that true disorder in the
world is brought about by inequity and injustice. Conversely, with justice and
fairness, many problems of the world can be solved. For Hartman, the primary
significance of justice is its ‘tendency to counteract the crude egoism of the
individual. 23
For Aristotle, justice is a mean rather than an end or effect. A “just
action’ is an ‘intermediate between acting unjustly and being unjustly
treated.’ this means that a just person gives everyone his due; conversely, an
unjust person takes more for himself of those which should have been given
for others. Injustice for Aristotle then is ‘excess of defect’ or that which is
‘contrary to proportion of the useful or hurtful. He said ‘in an unjust act to
have too little is to be unjustly treated; to have too much is to act unjustly. 24
Other definitions of justice:

Encyclopedia Britannica defines justice as: In philosophy, [justice is] the
concept of a proper proportion between a person’s deserts (what is merited)
and the good and the bad things that befall or are allotted to him or her. For
Aristotle, the key element of justice is treating like cases alike, an idea that
has set later thinkers the task or working out which similarities (need, desert,
talent) are relevant. 25
Daniel Maguire in his A New American Justice, gives a simple yet
enlightening definition of justice:
Justice is the first assault upon egoism. Egoism would say : “To my own.”
Justice says, “Wait. There are other selves.” personal existence is a shared
glory. Each of those other subjects is of great value and commands respect.
The ego has a tendency to declare itself the sun and center of the universe. 26
23
24
Supra
25
Ibid
26
Tabucanon, M. P. “Legal Philosophy for Filipinos: A Case Study Approach, citing Maguire, D. “A
New American Justice” p. 56,
11
This depicts entitlement mentality, that is, a state of mind in which an

individual comes to believe that privileges are instead rights, and that they
are to be expected as a matter of course. That a good life is no longer a
privilege, but a God-given right, that they should not have to work for it. They
fail to recognize the noble truths that life is a suffering and that all suffering
is caused by craving or aversion. So if a person refuses to accept that life is s
suffering, and they desire the material things and treatment they believe they
deserve, it become nothing more than a vicious cycle.27
Justice asserts that one’s own ego is not absolute and that one’s interests
are related. In the simple concession that each deserves his own, the moral
self comes to grips with the reality and value of other selves. Justice is thus
the elementary manifestation of the other--regarding character of moral and
political existence. The alternative to justice is social disintegration because
it would mean a refusal to take others seriously. 28
C. Justice as and End and Effects of Laws / Character/ Rule of Action
Justice as and End and Effects of Laws
What does the law do? It has been said that law secures justice, resolves
social conflict, orders society, protects interests, controls social relations.
Life without other laws redressing harm or broken agreements would be less
orderly. 29 Naturalism, one of the schools of jurisprudence, maintains that law
and morality are not separate, that an unjust law is not a true law and that
law must reflect the eternal verities of justice and fairness.
27
Lafferty, J.M. “The Deadliest Mindset of All: Entitlement Mentality, Philippine Star, February 6,
2017
28
Tabucanon, M. P. “Legal Philosophy for FIlipinos: A CAse Study Approach, citing Maguire, D. “A
New American Justice” p. 56,
29
De Leon, H. S. , Citing Howard & Summers, Law, Its Functions, and Limits [1965 ed.], pp.35-36,
37, “The Law on Obligations and Contracts, Rex Bookstore
12
Article 3 of the New Civil Code provides that “Ignorance of the law
excuses no one from compliance therewith. “Everyone, therefore, in
conclusively presumed to know the law”. This presumption is far from reality
but it has been established because of the obligatory force of law. Some are
the following reasons that have been advanced for this presumption. For one,
it is absurd to absolve those who do not know the law and increase obligation
of those who know it; and another, as ruled by the Court in the case of
Zulueta vs. Zulueta, 1 Phil, 254, evasion of the law would be facilitated and
the administration of justice would be defeated if persons could plead
ignorance of the law to escape the legal consequences of their acts, or to
excuse non-performance of their legal duties. The rule, therefore, is
dictated not only by expediency but also by necessity. 30
Before the law “operates” against an individual, various procedural steps

are required. Thus, the individual must ordinarily be given a hearing and a fair
opportunity to show why he should not, for example, be ordered to pay money
to a claimant, or be deprived of his liberty. Such steps are commonly referred
to as “due process” of law. 31
Violation of natural law is violation of justice. Natural law is the divine

inspiration in man of the sense of justice, fairness, and righteousness, (not by
divine revelation or formal promulgation), but by internal dictates of reason
alone. As to its binding force, natural law is ever present and binding on all
men everywhere and at all times. There is in every man a basic understanding
of right and wrong based on an understanding of the fundamental standard or
criterion of good and evil. In other words, there are some acts or conduct
which man knows in his heart and his conscience, not by theorizing, but by the
dictates of his moral nature.32 In applying the principles of natural law, three
principles stand out when it comes to natural justice according to Lord
Hudson:
1. The right to be heard by an unbiased tribunal;
2. The right to have notice of charges of misconduct; and
30
cited in (The Law on Obligations and Contract by Hector S. De Leon)
31
32
Supra
13
3. The right to be heard in answer to that charge.
When we speak of inward instinct of justice, fairness and righteousness in

man as divinely inspired by the dictates of his higher nature, we are talking
about natural law or the law of nature. 33
Natural Law distinguished with Divine Law-while natural law and divine
law are very similar, they are not, however, the same. Divine law; as the law
of religious faith, is made known to man by means of direct revelation. On the
other hand, natural law is said to be impressed in man as the core of his
higher self at the very moment of being or, perhaps, even before that. place
in state law-- natural law has been regarded as the reasonable basis of state
law. 34
The relationship between law and justice has been well-established since
antiquity. One of the determinants of a good law is if it conforms to the
principles of justice and fairness. “Due process,” a bedrock principle in law
is nothing but justice in action. The same holds true with rules requiring
fairness and fair play. 35
Classical Roman jurist Ulpian’s statement on law sums up the essence of

justice, he said of the purpose of law: “These are the prescriptions of law: to
live honourably, not to hurt anyone, and t give everyone his due. This is almost
identical with his equally famous definition of justice: Justice is a constant
and perpetual will to give everyone his due. 36
Like Plato, Aristotle regards law as aiming for the “common advantage” of
all. He says we call those acts “just that lend to produce and preserve
happiness…for the political society.” the law commands some acts and forbids
others. The “rightly framed law does this rightly,” and the “hastily conceived
33
citing C. Pascual, the nature and elements of the Law, 1954 ed., pp9-10),
34
citing C. Pascual, Legal Method, 2nd ed., p.111)
35
Tabucanon, M. P. “Legal Philosophy for FIlipinos: A CAse Study Approach
36
14
one less well.” a rightly-framed law bids man to a life of “complete virtue,”
that is, to be good not only for oneself but for one’s neighbors. Aristotle used
“complete,” because “many men can exercise virtue in their own affairs, but
not in their relations to their neighbor.” Obedience to a good law is an
“exercise of complete virtue” otherwise called “justice.”37
Law and justice are not synonymous. Justice is a fundamental value which
monitors the scope and content of the law. It functions as a catalyst by which
laws are enacted, amended, or abolished. The concept of justice is one of the
most prominent theoretical notions in jurisprudence and is a regular feature in
the common discourse about public life. It is a concept that is readily
understood, especially in the context of its negation, 'injustice'. Justice is a
fundamental ethical concept, and is one that can be ascribed in situations
involving consciousness, rationality and moral sense. Law, on the other hand,
is seen as an instrument of achieving justice. Commentators from Plato to
Derrida have called law to account in the name of justice, to ask that law
provide a language for justice, and demand that it promote, insofar as
possible, the attainment of a just society. This essay will focus on the
relationship between law and justice. It will explore the different
philosophical perspectives that have developed throughout the history of legal
theory regarding what is meant by the term justice and its relationship with
law, and will reflect on a modern interpretation of the relationship between
the two.38
Justice as Character
As justice’s subjective aspect, this quality of justice habitually disposes a
person to consider the needs and well-being of others simultaneous with or
even before one’s needs. And this he does voluntarily, and with joy. Once
justice is imbibed in a person’s character, his eyes get opened to the needs
37
38
http://www.markedbyteachers.com/university-degree/law/the-relationship-between-law-
justice-a-philosophical-perspective.html
15
and rights of others and he would develop the skills to respond to others;
needs fairly and wisely.39
Justice as Rule of Action

As justice’s objective aspect, justice as rule of action insists that all acts
and dealings with other people be done with fairness, impartiality,
equitableness and rectitude. This means one must pay one’s debt, keep one;s
promises and in general give to each man his due.40
D. Justice in Relation with other Ends and Effects Laws
I. Justice in relation to Equity
For Aristotle, the source of difficulty is in the ‘rectification of law

where law is defective,’ which is ‘equity’. he said: in fact, this is the
reason why things are not all determined by law: it is because there are
some cases for which it is impossible to lay down a law, so that a special
ordinance becomes necessary. 41
EXAMPLE: In RA 8424 and RA 9504 personal tax exemptions for Heads

of the Family having qualified dependents, added to which are those
senior citizens, even if the latter are not the parents of the taxpayer,
as long as they are living with the taxpayer and chiefly dependent for
support to the latter, when such support is removed, the dependent
will live a destitute life. It may have went beyond the language of the
statute but no one has challenged or assailed its validity since the
39
Supra
40
Ibid
41
Ibid
16
said addition to the list of qualified dependents is in furtherance of

equity and justice,
Moreover, while obedience to law is called ‘legal justice,’ there

are situations where the law itself may, for any reason, become
unjust. This is where equity comes, in order to rectify legal justice.
This rectification based on equity is in turn based on higher principles
of natural law and unchanging principles of justice and fairness. 42
For what is indefinite can only be measure by an indefinite

standard, like the leaden rule used by the Lesbian builders; just as
that rule is not rigid but can be bent to the shape of the stone, so a
special ordinance is made to fit the circumstances of the case.43
Equity is not legal justice, but a rectification of legal justice. It
mitigates the rigors of the law. The reason for this is that law is always
a general statement, yet there are cases which it is not possible to
cover in the general statement. There are situations when the literal
application of the law would result to injustice instead of justice. This
is the essential nature of the equitable: it is a rectification of law
where law is defective because of its generality. Equity is the recourse
to the principles of justice to correct or supplement the law as applied
to particular circumstances. 44
Our Civil Code provides that “no judge or court shall decline to
render judgment by reason of silence, obscurity or insufficiency of the
law.” (Article 9, New Civil Code). The Judges must not evade there
responsibility of dispensing justice due to an apparent non-existence
of any law governing a particular dispute or because the law involved
is vague or inadequate. Judges must always be guided by equity,
fairness ans sense of justice in these situations. Equity law is often
expressed in maxims like ‘equity suffers not a right without a remedy.’
‘equity is justice tempered with mercy,’ or ; equity follows the law.’
42
Ibid
43
Ibid
44
Ibid
17
the latter, simply means that equity will derive the means to achieve
lawful result when legal procedure is inadequate. 45
As in the case of Neypes vs. Court of Appeals, wherein the

period of 15 days within which to file an appeal against a case
which is final and executory, an appelant is given another fresh
15 days if in case he has file either he Court allows extensions
of time, based on justifiable and compelling reasons, for
parties to file their appeals. The original period of appeal (in
this case March 3-18, 1998) remains and the requirement for
strict compliance still applies. The Court ruled that ”The fresh
period of 15 days within which to file an appeal becomes
significant only when a party opts to file a motion for new trial
or motion for reconsideration. In this manner, the trial court
which rendered the assailed decision is given another
opportunity to review the case and, in the process, minimize
and/or rectify any error of judgment. While we aim to resolve
cases with dispatch and to have judgments of courts become
final at some definite time, we likewise aspire to deliver justice
fairly.
II. Justice in relation to Equality

Natural Justice believes in the equality of all people before the
law. However, on the basis of the same standard, provisions will not be
equal if the circumstances are not equal, but must be equal if the
circumstances are the same. In any case, everyone must be given equal
opportunity to measure up, sometimes referred to as “legal or formal
equality.” the law is applied equally to all persons without fear of
favor. Thus, the same punishment is imposed on the rich and poor
because wealth is not a valid differing standard under the law. This is
where the doctrine of “reasonable classification” comes in. Everyone
classified as belonging to the same category is to be treated the same
way. Like shall be treated alike. Unlike shall be treated unlike. Things
that are fundamentally different cannot be treated the same. Lady
Justice cannot be blind of distinctions. Equality does not have to mean
same treatment, but “proportionate treatment.” There must be
45
Ibid
18
reasonable standard for classification, a general and necessary rule to

qualify or disqualify; otherwise, the classification is “discriminatory”.
In Western philosophical tradition, the concept of equality is related to
the ideal of justice. Broadly stated, where “equality” is properly
applied, there is justice. And where there is inequality, (or
discrimination) there is injustice. Equality may not always be seen in
absolute terms but also terms of fairness and justice, the type Aristotle
describes as ‘distributive justice’. The patent inequality of the
situation is mitigated through the principles of fairness and distributive
justice. Absolute equality is impossible in any society.46
But if inequality is not based on arbitrary classifications but on

substantial distinctions or classification, of persons, property,
subjected to a law equity is achieved. They shall be treated alike
under like circumstances and conditions. 47 Requisites of valid
classifications where classification is permitted, uniformity or equality
is just if it is observed within those belonging to the same
classification or circumstances are as follows:
A. Based on substantial and reasonable distinctions
B. Applies to present and future conditions

C. Germane to the purpose of the law to be implemented
D. Applies equally to all those belonging to the same class
III. Justice in relation to Human Rights
Human rights are the fundamental and inalienable rights which are
essential for life as a human being. These rights arise directly from our
nature as persons, to which each human being, regardless of race or
nationality, must have. Human rights are innate in man. Which the
46
Bernardo, O.B & N. F., “Philawsophia: Philosophy and Theory of Philippine Law”, REX
BOOKSTORE
47
Supra
19
state may not deny to any one. Since human rights are those rights
people are entitled, simply because they are humans and justice is
giving everyone his due, it is correct to say that every human being is
due to be afforded the protection of his human rights. Human rights
also carries with it a corresponding obligation, which is the duty to
protect the human rights of others, not just of himself. Classical Roman
jurist Ulpian’s statement on law sums up the essence of justice, he said
of the purpose of law: “These are the prescriptions of law: to live
honourably, not to hurt anyone, and t give everyone his due. This is
almost identical with his equally famous definition of justice: Justice is
a constant and perpetual will to give everyone his due. Legal
instrumentalists do not discount the idea that the end of law is the
promotion of justice and fairness or the protection of human rights.
E. Types of Justice
Aristotle explained that justice is of two kinds, natural and conventional.

A rule of justice is natural that has the same validity everywhere, and does
not depend on our accepting it or not. A rule is conventional that in the first
instance may be settled in one way or another… for example… that a sacrifice
shall consist of a goat and not of two sheep. Some people think that all rules
of justice are merely conventional, because whereas a law of nature is
immutable and has the same validity everywhere, as fire burns both here and
in Persia, rules of justice seem to vary… The rules of justice based on
convention…are not the same in all places, since forms of government are not
the same. 48
Restorative justice is not as concerned with punishment or retribution,

but rather in making the victim “whole” and reintegrating the offender back
to society. Aristotle distinguished between justice in the distribution of wealth
or other goods (distributive justice) and justice in reparation, as, for
example, in punishing someone for a wrong he has done (retributive justice).
Retributive Justice is sometimes called ”retaliative or retaliatory justice, the
aim of retributive justice is to avenge the wrongs done to society. It seeks to
48
20
enact rules which avenge crimes proportional to their gravity. Punishment is

looked upon to reciprocate or balance up what was upset by the crime.
Administers proportionate response to crime proven by lawful evidence, so
that punishment is justly imposed and considered as morally-correct and fully
deserved.49
Distributive Justice concerns itself with questions on the distribution or

allocation of societal “goods” such as liberties, wealth, and income. Its
concern is in the “fairness”, “proportionality,” or “equality” in distribution of
such things as money, property, privileges, opportunities, education or rights.
50 This is directed at the appropriate allocation of things meaning equal
distribution among the equals. a just law in this case would be one which
treats like situations alike, and an unjust law would be one that allocates
rights and duties unequally without a plausible ground.51 Distributive Justice is
sometimes called ‘economic justice’, and as such, is concerned with giving all
members of society their ‘fair share’ of the benefits and resources available.
But while everyone might agree that wealth should be distributed fairly, there
is much disagreement about what counts as a ‘fair share.’ Some possible
criteria of distribution are equity, equality, and need. (Equity means that
one’s rewards should be equal to one’s contribution to a society, while
‘equality’ means that everyone gets the same amount, regardless of their
input. Distribution on the basis of need means that people who need more will
get more, while people who need less will need less.) Fair allocation of
resources, or distributive justice, is crucial to the stability of a society and
the well-being of its members. 52
As opposed to the entitlement theory by Robert Nozick, justice is the

attitude of mind that accepts others--all others-- as subjects in their own
right. The moral self comes to grips with the reality and value of other selves.
49
http://www.ckadvocates.co.ke/2014/11/jurisprudence-and-justice/
50
51
52
21
The alternative to justice is social disintegration because it would mean a

refusal to take others seriously.53
Social Justice is defined in the case of Calalang vs Williams, as “neither

communism, nor despotism, nor atomism, nor anarchy, but the humanization
of laws and the equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be
approximated. Social justice means the promotion of the welfare of all the
people, the adoption of the government of measures calculated to ensure
economic stability of all the component elements of society, through the
maintenance of a proper economic and social equilibrium in the interrelations
of the members of the community, constitutionality, through the adoption of
measures legally justifiable, or extra-constitutionally, through the exercise of
powers underlying the existence of all governments on the time-honored
principle of salus populi est supremo lex. Social justice must be founded on
the recognition of the necessity of interdependence among divers and diverse
units of a society and of the protection that should be equally and evenly
extended to all groups as a combined force in our social and economic life,
consistent with the fundamental and paramount objective of the state of
promoting health, comfort and quiet of all persons, and of bringing about “the
greatest good to the greatest number.”54
Utilitarian or Consequentialist justice looks at a law or an act’s ability to

maximize benefit for society.thus, the imposition of punishment on criminals
is justified in it ability to bring in social benefits. Criminals will realize that
crime does not pay, and the larger society is taught a lesson that it is not
worth violating the law. 55it is a form where punishment is forward-looking.
Corrective justice seeks to reinstate equality when this is disturbed. This

comes into play when a norm of distributive justice has been breached or
infringed by a member of a community. In such a situation, it becomes
necessary to make amends for a wrong or deprive a party of an unjustified
gain. This type of justice is generally administered by the court or other organ
53
54
MAXIMO CALALANG, Petitioner, v. A. D. WILLIAMS, ET AL., G.R. No. 47800. December 2, 1940
55
22
invested with judicial or quasi-judicial power. Its major areas of application

are contracts, torts, and crimes.56
F. Justice in Relation to Several Branches of Law
Civil Law
 New Civil Code (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.
 Presumption in case of doubt in the interpretation of laws. In case of
doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail (NCC, Art. 10).
 In case of silence, obscurity or insufficiency of the law with respect to a
particular controversy If the law is silent, or is obscure or insufficient with
respect to a particular controversy, the judge shall apply the custom of the
place, and in default thereof, the general principles of law and justice.
 The presumption of legitimacy of children does not only flow out from a
declaration contained in the statute but is based on the broad principles of
natural justice and the supposed virtue of the mother. The presumption is
grounded in a policy to protect innocent offspring from the odium of
illegitimacy57
 The rule on non-estoppel of the government is not designed to perpetrate

an injustice. In general, the rules on appeal are created and enforced to
ensure the orderly administration of justice. The judicial machinery would run
56
57
Liyao, Jr. v. Tanhoti-Liyao, G.R. 138961, March 7, 2002.
23
aground if late petitions, like the present one, are allowed on the flimsy
excuse that the attending lawyer was grossly lacking in vigilance.58
Remedial Law
 CONCEPT OF REMEDIAL LAW - They are adjective laws which prescribe

rules and forms of procedure of enforcing rights or obtaining redress for their
invasion. They refer to rules of procedure by which courts applying laws of all
kinds can properly administer justice. They include rules of pleadings, practice
and evidence.59
 It plays a vital role in the administration of justice. It lies at the very core
of procedural due process, which means a law which hears before it
condemns, one which proceeds upon inquiry and renders judgment only after
trial, and contemplates an opportunity to be heard before judgment is
rendered.60
 Remedial Law
General Rule: May be applied retroactively. A person has no vested right in
any particular remedy, and a litigant cannot insist on the application to the
trial of his case, whether civil or criminal, of any other than the existing rules
of procedure.61
Exceptions:
1. The statute itself expressly or by necessary implication provides that
pending actions are excepted from its operation To apply it to pending
proceedings would impair vested rights;
58
Leca Realty Corp. v. Republic, G.R. Nos. 155605 & 160179, September 27, 2006
59
Tan, Jr. v. CA, G.R. No. 136368, January 16, 2002.
60
Albert v. University Publishing, G.R. No. L-19118, January 30, 1965
61
Tan Jr. v. CA, G.R. No. 136368, January 16, 2002
24
2. Under appropriate circumstances, courts may deny the retroactive

application of procedural laws in the event that to do so would not be feasible
or would work injustice;
3. If to do so would involve intricate problems of due process or impair the

independence of the courts.62
 Object of remedial law The object is not to cause an undue protraction of
the litigation, but to facilitate the adjudication of conflicting claims and to
serve, rather than to defeat, the ends of justice.63
 The courts have the power to relax or suspend technical or procedural
rules or to except a case from their operation when compelling reasons so
warrant or when the purpose of justice requires it. Power of the Supreme
Court to suspend the application of the Rules of Court and exempt a case from
its operation The courts have the power to relax or suspend technical or
procedural rules or to except a case from their operation when compelling
reasons so warrant or when the purpose of justice requires it.64
 Liberal Construction of Procedural Rules The liberal construction of the
rules may only be invoked in situations where there is an excusable formal
deficiency or error in a pleading, provided that the same does not subvert the
essence of the proceeding and it at least connotes a reasonable attempt at
compliance with the rules .65
 PRINCIPLE OF JUDICIAL HIERARCHY-The principle provides that lower
courts shall initially decide a case before it is considered by a higher court. A
higher court will not entertain direct resort to it unless the redress desired
cannot be obtained in the appropriate courts.66 However, Principle of Judicial
Hierarchy is NOT absolute in several cases, the court has allowed direct
invocation of the SC’s original jurisdiction on the following grounds: 1. Special
62
Supra
63
Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998, referring to
Continental Leaf Tobacco, Inc. v. IAC, 140 SCRA 269
64
Commissioner of Internal Revenue V. Mirant Pagbilao Corporation, G.R. No. 159593, October 12,
2006
65
Felix Martos, et al. v. New San Jose Builders, Inc. G.R. No. 192650, October 24, 2012
66
Santiago v. Vasquez, G.R. Nos. 99289-90, January 27, 1993
25
and important reasons clearly stated in the petition; 2. When dictated by

public welfare and the advancement of public policy; 3. When demanded by
the broader interest of justice; 4. When the challenged orders were patent
nullities; or 5. When analogous, exceptional and compelling circumstances
called for and justified the immediate and direct handling of the case. 67
Mercantile Law
 Garnishment of foreign currency deposits:
General Rule: Foreign currency deposits shall be exempt from attachment,

garnishment, or any other order or process of any court, legislative body,
government agency or any administrative body whatsoever.
Exception: The application of Sec. 8 of RA 6426 depends on the extent of its
justice. The garnishment of a foreign currency deposit should be allowed to
prevent injustice and for equitable grounds, otherwise, it would negate Article
10 of the New Civil Code which provides that “in case of doubt in the
interpretation or application of laws, it is presumed that the lawmaking body
intended right and justice to prevail.68
 The foreign currency deposit of a transient foreigner who illegally
detained and raped a minor Filipina can be garnished to satisfy the award for
damages to the victim The exemption from garnishment of foreign currency
deposits under R.A. 6426 cannot be invoked to escape liability for the
damages to the victim. The garnishment of the transient foreigner’s foreign
currency deposit should be allowed to prevent injustice and for equitable
grounds. The law was enacted to encourage foreign currency deposit and not
to benefit a wrongdoer69
Criminal Law
67
Republic of the Philippines v. Hon. Ramon S. Caguioa, et al., G.R. No. 174385, February 20, 2013
68
Salvacion v. Central Bank of the Philippines, G.R. 94723, August 21, 1997
69
Supra
26
 The purpose of criminal lawis for justice, because the State has an
existence of its own to maintain, a conscience to assert and moral principles
to be vindicated. Penal justice rests primarily on the moral rightfulness of the
punishment imposed.
 Reason for punishing false testimony:
BOOK II – CRIMES AGAINST PUBLIC INTEREST - Falsehood is always

reprehensible; but it is particularly odious when committed in a judicial
proceeding, as it constitutes an imposition upon the court and seriously exposes
it to a miscarriage of justice.
Political Law
 Instances when a public officer may be sued without the State’s consent:
Where the government itself has violated its own laws because the doctrine of
State immunity cannot be used to perpetrate an injustice.
 RELATIVITY OF DUE PROCESS: Arises when the definition of due process

has been left to the best judgment of our judiciary considering the peculiarity
and the circumstances of each case. In a litany of cases that have been
decided in this jurisdiction, the common requirement to be able to conform to
due process is fair play, respect for justice and respect for the better rights of
others. In accordance with the standards of due process, any court at any
particular time, will be well guided, instead of being merely confined strictly
to a precise definition which may or may not apply in every case.
 RIGHT TO BE HEARD: Basis Among the fundamental rights of the accused is
the right to be heard by himself and counsel. Verily, this right is even
guaranteed by the Constitution itself. This right has been recognized and
established in order to make sure that justice is done to the accused. The
27
rights of an accused during trial are given paramount importance in our laws
and rules on criminal procedure. 70
 TREATMENT OF FOUNDLINGS: Foundlings are considered as natural born

citizens of the country where he is found. As a matter of law, foundlings are
as a class, natural-born citizens. While the 1935 Constitution's enumeration is
silent as to foundlings, there is no restrictive language which would definitely
exclude foundlings either. All three Constitutions guarantee the basic right to
equal protection of the laws. All exhort the State to render social justice.
Legal Ethics
 LEGAL PROFESSION, NOT BUSINESS - Law is a profession and not a trade

The legal profession is not a business. It is not a money-making trade similar
to that of a businessman employing a strategy for the purpose of monetary
gain. It is a sacred profession imbued with public interest whose primary
objective is public service, as it is an essential part in the administration of
justice and a profession in pursuit of which pecuniary reward is considered
merely incidental.
 The practice of law is a privilege granted only to those who possess the
strict intellectual and moral qualifications required of lawyers who are
instruments in the effective and efficient administration of justice.
 Importance of the lawyer’s oath - By taking the lawyer’s oath, a lawyer

becomes the guardian of truth and the rule of law and an indispensable
instrument in the fair and impartial administration of justice.71
Four-fold duty of a lawyer:

1. Duty to the Public/Society
70
Moslares v. Third division, CA, G.R. No. 129744, June 26, 1998
71
Olbes v. Deciembre, A.C. No. 5365, April 27, 2005
28
2. Duty to the Bar/Legal Profession

3. Duty to the Courts – A lawyer must maintain towards the court a
respectful attitude, defend against unjust criticisms, uphold the
court’s authority and dignity, obey court orders and processes, assists
in the administration of justice.
(Canon 10-13,Code of Professional Responsibility).
4. Duty to his Clients

 A lawyer’s oath to uphold the cause of justice is superior to his duty to his
client; its primacy is indisputable72
 Rule 6.01, Canon 6

The primary duty of a lawyer engaged in public prosecution is not to convict
but to see to it that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the accused
is highly reprehensible and is cause for disciplinary action
 A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.
Labor Law
 Scope of the liberal interpretation of Labor Law - Evidence in a labor

proceeding In case of doubt, all labor legislation and all labor contracts shall
be construed in favor of the safety and decent living for the laborer. (NCC,
Art. 1702) In case of doubt in the interpretation or application of laws, it is
presumed that the lawmaking body intended right and justice to prevail.
(NCC, Art. 10) When the conflicting interests of labor and capital are weighed
on the scales of social justice, the heavier influence of the latter must be
counterbalanced by the sympathy and compassion the law must accord the
72
Cobb-Perez v. Lantin, G.R. No. L-22320, July 29, 1968
29
underprivileged worker. This is only fair if he is to be given the opportunity

and the right to assert and defend his cause not as a subordinate but as a peer
of management, with which he can negotiate on even plane. Laboris not a
mere employee of capital but its active and equal partner. 73
 It is a well-settled doctrine that if doubts exist between the evidence

presented by the employer and the employee, the scales of justice must be
tilted in favor of the latter. It is a time-honored rule that in controversies
between a laborer and his master, doubts reasonably arising from the
evidence, or in the interpretation of agreements and writing, should be
resolved in the former’s favor. The policy is to extend the doctrine to a
greater number of employees who can avail themselves of the benefits under
the law, which is in consonance with the avowed policy of the State to give
maximum aid and protection to labor. 74
 LABOR CODE Presidential Decree No. 442 otherwise known as the Labor
Code of the Philippines is a decree instituting a labor Code, thereby revising
and consolidating labor and social laws to afford protection to labor, promote
employment and human resources development and ensure industrial peace
based on social justice. It is a charter of human rights and a bill of obligations
for every working man.
 Social Legislation- It consists of statutes, regulations and jurisprudence
that afford protection to labor, especially to working women and minors, and is
in full accord with the constitutional provisions on the promotion of social
justice to insure the well-being and economic security of all the people.
 The enactment of SSS law is a legitimate exercise of the police power. It
affords protection to labor and is in full accord with the constitutional
mandate on the promotion of social justice.75
73
Eastern Shipping Lines v. POEA, G.R. No. 76633, October 18, 1988
74
Lepanto Consolidated Mining Co. v. Moreno Dumapis, et. al., G.R. No. 163210, August 13, 2008
75
Roman Catholic Archbishop of Manila vs. SSS, G.R. No. 15045, (1961)
30
Law on Taxation
 Basic principles of a sound tax system (Canons of Taxation)

Theoretical justice - Must take into consideration the taxpayer’s ability to pay
(Ability to Pay Theory). Art. VI, Sec. 28(1), 1987 Constitution mandates that
the rule on taxation must be uniform and equitable and that the State must
evolve a progressive system of taxation. A violation of the principle of a sound
tax system may or may not invalidate a tax law A tax law will retain its
validity even if it is not in consonance with the principles of fiscal adequacy
and administrative feasibility because the Constitution does not expressly
require so. These principles are only designated to make our tax system sound.
However, if a tax law runs contrary to the principle of theoretical justice, such
violation will render the law unconstitutional considering that under the
Constitution, the rule of taxation should be uniform and equitable.76
 Admittedly the government is not estopped from collecting taxes legally due
because of mistakes or errors of its agents. But like other principles of law,
this admits of exceptions in the interest of justice and fair play, as where
injustice will result to the taxpayer.77
 In recent years, the increasing social challenges of the times expanded the
scope of state activity, and taxation has become a tool to realize social justice
and the equitable distribution of wealth, economic progress and the
protection of local industries as well as public welfare and similar
objectives.78
I. Justice
76
DImaampao, J. , “Tax Principles and Remedies”, 2015
77
CIR v. CA, G.R. No. 117982, February 6, 1997
78
Batangas Power Corporation v. Batangas City, G.R. No. 152675, April 28, 2004
31
II. Equity
III. Equality
IV. Human Rights
II. EQUITY
Equity is defined in many ways. In general, it refers to fairness. According

to Aristotle, it is the middle ground between the ideal or absolute justice on one
hand and human or legal justice on the other hand. In Philippine jurisprudence,
the Supreme Court defined equity in the case of Tupas v. CA79 as justice outside
legality.
In the Philippines, equity is embodied in our justice system. No less than

the Constitution recognized the principle of intergenerational equity in Sec. 16 of
its State Policies which mandates that the State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. Intergenerational equity or intergenerational justice
dictates that the present generation merely inherited from our ancestors the
current state of our environment; thus, the present generation has the obligation
to pass on for the benefit of future generations a clean, well-protected and
preserved environment. This principle is applied by the Supreme Court in the
landmark case of Oposa v. Factoran80 where it allowed the petitioners to file a
case on behalf of all the children of the Philippines and also in the name of the
yet unborn generations.
In applying equity in our justice system, it must always conform to the legal
maxim “equitas sequitor legem” which translates as “equity follows the law”.
Meaning, the application of equity in a particular case must be limited to what is
allowed by law. It is accepted that the rule of law has its limitations and that
there are defects in the generality of the law. Although laws are broad enough to
cover all citizens of a particular State, not everything can be regulated by law.
79
G.R. No. 89571
80
G.R. No. 101083
32
Equity comes into play when there is a need of rectification of the law in so far as
the law is defective on account of its generality.
It is a principle in statutory construction that the law must be interpreted

and applied in its literal meaning. However, there are instances where the literal
application of the law would result to injustice rather than justice. In such
situations, the courts must exercise its equitable jurisdiction in deciding a case.
Under the Doctrine of Ancilliary Jurisdiction, the courts must use its inherent or
implied powers to determine issues incidental to the exercise of its primary
jurisdiction. The doctrine also includes using equity to decide a case when there is
no applicable.
Philippine courts have two functions, it can either be a: court of justice or

court of equity. A court of justice includes any tribunal duly administering the
laws of the land and decides a case according to the promulgated law. On the
other hand, a court of equity includes any tribunal administering justice outside
the law, being ethical rather than jural and belonging to the sphere of morals
rather than law. It is grounded on the precepts of conscience and not on any
sanction of positive law; for equity finds no room for application where there is
law. A court of equity adjudicates a controversy according to the common
precepts of what is right and just without inquiring into the terms of the statutes.
The Doctrine of Ancilliary Jurisdiction is in line with the provisions of the
Civil Code, particularly Sec. 9 thereof, which states that judges must not decline
to render judgment by reason of the silence, obscurity or insufficiency of the
laws. In the event that there be silence, obscurity or insufficiency of the law in a
particular case, the courts can resort to its function as a court of equity and
render an equity jurisprudence. Equity jurisprudence, according to the case of
Ilagan v. Enrile81, is a formal set of legal and procedural law and doctrines to aid
and even override common and statute law in order to protect rights and enforce
duties fixed by substantive law.
In the case of Reyes v. Lim82, the Supreme Court exercised its function as a
court of equity when it held that deposit, although not listed as a provisional
81
G.R. No. 70748
82
G.R. No. 134241
33
remedy under the Rules of Court, can be considered one in order to prevent
injustice.
In sum, equity is a reaction to the inability of the courts to provide a

remedy for every injury.
I. Justice
II. Equity
III. Equality
IV. Human Rights
II. EQUALITY
Equality- the state of being equal, especially in status, rights, and opportunities.
- signifies correspondence between a group of different objects, persons,
processes or circumstances that have the same qualities in at least one
aspect, but not all aspect.
Equality and justice.

Equality has been considered a constitutive feature of justice. (On the history
of the concept, cf. Albernethy 1959, Benn 1967, Brown 1988, Dann 1975, Thomson
1949.)
The legal system has been symbolized by Lady Justice, the blindfolded lady
bearing the scale in all majesty. The embodiment of law has been justice itself.
34
However, the blindfold of lady justice represents equality or impartiality. The

ideal justice should be applied without regard to wealth, power or other status.
When we use the term “just” giving to the other “what is right and just”, we
think of it as the property and sufficiency of the act, more than its equalizing
effect if the situation is not equal in the first place.
Equality is one of its foundations of the Philippine Constitution, it governs all
inhabitants of the state thus, making it general or equal in application, article 3,
section1 is its reflection, As the equal protection clause, however, there are some
parts of the constitution that promotes equality in particular class or group within
its inhabitant, as an example is article 2, section 14 as gender equality.
KINDS OF EQUALITY:
Formal Equality
“the law is applied equally to all persons without fear and favor”
Formal equality States that everyone must be given equal opportunity to
measure up, hence, the law is applied equally to all persons without fear and
favor, thus, the same punishment imposed on the rich and the poor, because
wealth is not a valid differing standard under the law.
Proportional Equality
“one has to separate the sheep from the goat”
This is where the doctrine of reasonable classification comes in.

Its states that everyone classified as belonging to the same category is to be
treated the same way.
Equality does not have to mean same treatment, but “proportionate

treatment”.
35
If by reasonable standard, one has to separate the sheep from the goat. One
has to treat them differently, this will be just, there must be reasonable standard
for classification.
In the Philippine Constitution, the test for reasonableness under the equal
protection clause has four requisites:
(1) The classification rests on substantial distinctions.
(2) It is germane to the purposes of the law.

(3) It is not limited to existing conditions only.
(4) It applies equally to all members of the same class.
Moral Equality
“everyone deserved the same dignity and the same respect”
Until the eighteenth century, it was assumed that human beings are unequal
by nature.
“that there was a natural human hierarchy”
This postulate collapsed with the advent of the idea of natural right and its
assumption of an equality of natural order among all human beings.
Presumption of Equality
“the presumption of equality requires that everyone, regardless of

differences, should get an equal share in the distribution unless certain types of
differences are relevant and justify, through universally acceptable reasons,
unequal distribution.”
The presumption of equality is a prima facie principle of equal distribution for

all goods politically suited for the process of public distribution. In the domain of
political justice, all members of a given community, taken together as a collective
36
body, have to decide centrally on the fair distribution of social goods, as well as
on the distribution's fair realization.
Equal access before the law:

It is a fundamental legal principle in our jurisdiction. Judge and officers are
tasked to administer the law without fear and favor (formal equality).
Equality access before the law seeks to equalize access to and opportunities
to avail of the benefits of laws. By implementing special legislation to particular
segments of society, the law intends to reduce inequalities that already exist in
the society. I.e.
Taxation and social welfare law on retirement and health reduce the gap
between rich and poor.
Anti- discrimination and anti- harassment laws-seeks to reduce in equalities in

the community.
Criminal Laws- punishment imposed on the rich and the poor
Labor Code- It is Unlawful to dismiss an employee because of discrimination.

(marriage, pregnancy, Lookism, ageism.)
Positive Discrimination.
It is a reverse kind of discrimination. Attempts to promote equal opportunity
to member of a traditionally discriminated minority. It is to make sure that
members of minority groups are taken in to create a kind of equal representation
of opportunities. It is also called as affirmative action in USA, employment equity
in Canada, reservation in india.
Libertarianism
37
Believes in the value of the individual human personality, and a profound

conviction that all human progress has been due to free exercise of human
powers.
Types of Liberalism:
Positive Liberalism- or positive freedom, believes that it is not enough for the
government to leave the people to themselves. They argued that the government
must also actively promote various types of rights and freedom necessary for a
liberal society to flourish.
Negative Liberalism- or Classical Liberalism, refers to the state of being free from
constraint, it focuses setting limits to government influence and intervention. The
provisions of the bill of rights are mostly expressed in the classical liberalism.
Among them are the right to life, liberty, property. Freedom of religion, abode,
travel, and the right against unlawful arrest and seizures.
Does equality play a major role in a theory of justice, and if so, what is this role?
A conception of justice is egalitarian when it views equality as a fundamental
goal of justice. In general, the focus of the modern egalitarian effort to realize
equality is on the possibility of a good life.
Egalitarianism.
“All men are created equal”

An egalitarian is any person who attaches some value to equality itself . the
postulate of egalitarianism refers to one’s humanity meaning, we all are equal in
terms of human being, and the right and duties arising from the fact of being
human, regardless of status.
For egalitarians equality does not mean that all men are born with equal
conditions and will live equally. Honors, incentives and privileges in life grace the
deserving. Special arrangements, however, may be made to eliminate or minimize
38
historical or cultural disadvantages resulting from conditions that we do not have

choices or control.
Types of Egalitarianism.
Intrinsic egalitarians- views equality as an intrinsic good in itself. As pure

egalitarians, they are concerned solely with equality,
Pluralistic egalitarians- do not have equality as their only goal; they also admit
other values and principles, they should be moderate enough to not always grant
equality victory in the case of conflict between equality and welfare. Instead, it
needs to be able to accept reductions in equality for the sake of a higher quality
of life for all.
Constitutive egalitarianism- According to this approach, we aspire to equality on
other moral grounds. simply because certain inequalities are unjust. Equality
stands in relation to justice as does a part to a whole. The requirement of
justification is based on moral equality; and in certain contexts, successful
justification leads to the above-named principles of equality, i.e., formal,
proportional equality and the presumption of equality. thus according to
constitutive egalitarianism, these principles and the resulting equality are
justified and required by justice, and by the same token constitute social justice.
39
I. Justice
II. Equity
III. Equality
IV. Human Rights
III. HUMAN RIGHTS
I. DEFINITION OF HUMAN RIGHTS
Human rights are those rights people are entitled to, simply because they are
human. Human rights as argued by Rebecca Wallace (2002) is a fundamental and
inalienable rights which are essential for human life as a human being 83. It can be
inferred from the aforementioned statement that Wallace believes that human
rights are innate to individuals from the time of their existence. In congruent to
such statement, Louis Henkins (1995) claimed that human rights shall be defined
as the liberties, immunities and benefits which, by accepted contemporary values,
all human beings should be able to claim as right of the society in which they
live84. Such definition clearly depicts that human rights arose by reason of a
person´s existence in a society, to which each human being, regardless of race or
nationality, must have. Human rights, according to the Stanford Encyclopedia of
Philosophy, refers to norms that aim to protect people from political, legal, and
social abuses.
83
Rebecca Wallace, International Law, 2002, p. 210
84
Louis Henkins, Encyclopedia of International Law, Vol. 3, Rudolph Bernhardt (ed.),1995
40
The United Nations (UN) defines human rights as universal and inalienable,
interdependent and indivisible, and equal and non-discriminatory.
 Universal and inalienable: which means that Human rights belong to all and
cannot be taken away unless specific situations call for it. However, the
deprivation of a person's right is subject to due process.
 Interdependent and indivisible: which means that that whatever happens to
even one right – fulfillment or violation – can directly affect the others.
 Equal and non-discriminatory: which Human rights protect all people
regardless of race, nationality, gender, religion, and political leaning,
among others. They should be respected without prejudice85.
One important implication of these characteristics is that human rights must

themselves be protected by law (‘the rule of law’). Furthermore, any disputes
about these rights should be submitted for adjudication through a competent,
impartial and independent tribunal, applying procedures which ensure full
equality and fairness to all the parties, and determining the question in
accordance with clear, specific and pre-existing laws, known to the public and
openly declared86.
II. RIGHT AND OBLIGATIONS

A person who is entitled to a certain right is also called to follow certain
obligations; hence, it can be deemed that exercising human rights carry with it a
corresponding obligation. The primary obligation of persons in relation to their
human rights is the duty to protect the human rights of others. Such kind of right
does not only concerns politically and socially inclined issue but also those
principles which a member of a society needs to function and participate well in
the community.
III. HISTORICAL DEVELOPMENT
85
Gavilan, Jodezs (September 15, 2017) Things to know: Human rights in the Philippines. Retrieved
from https://www.rappler.com/newsbreak/iq/114698-human-rights-philippines
86
Sepúlveda, C. M. M. (2010). Human rights reference handbook. Reykjavík: Icelandic Human
Rights Centre
41
The origins of human rights may be found both in Greek philosophy and the
various world religions. In the Age of Enlightenment (18th century) the concept of
human rights emerged as an explicit category. Man/woman came to be seen as an
autonomous individual, endowed by nature with certain inalienable fundamental
rights that could be invoked against a government and should be safeguarded by
it. Human rights were henceforth seen as elementary preconditions for an
existence worthy of human dignity.
Before this period, several charters codifying rights and freedoms had been
drawn up constituting important steps towards the idea of human rights. During
the 6th Century, the Achaemenid Persian Empire of ancient Iran established
unprecedented principles of human rights. Cyrus the Great (576 or 590 BC - 530
BC) issued the Cyrus cylinder which declared that citizens of the empire would be
allowed to practice their religious beliefs freely and also abolished slavery. The
Margna Carta, granted by King John im 1215, is the first document that limited
the power of the king over his individual subjects. It is an early law that
guaranteed human rights against the excessive use of royal power. The Magna
Carta is an important sources of principles for the common law. Among them are
the following, 1) Individual Freedom, 2) Due process of law, 3) Equality before the
law, 4) Non confiscation by the King of citizen´s property without compensation.
The next generation of human rights documents were the Magna Charta
Libertatum of 1215, the Golden Bull of Hungary (1222), the Danish Erik Klipping’s
Håndfaestning of 1282, the Joyeuse Entrée of 1356 in Brabant (Brussels), theUnion
of Utrecht of 1579 (The Netherlands) and the English Bill of Rights of 1689. These
documents specified rights which could be claimed in the light of particular
circumstances (e.g., threats to the freedom of religion), but they did not yet
contain an all-embracing philosophical concept of individual liberty. Freedoms
were often seen as rights conferred upon individuals or groups by virtue of their
rank or status.
In the centuries after the Middle Ages, the concept of liberty became
gradually separated from status and came to be seen not as a privilege but as a
right of all human beings. Spanish theologists and jurists played a prominent role
in this context. Among the former, the work of Francisco de Vitoria (1486-1546)
and Bartolomé de las Casas (1474-1566) should be highlighted. These two men laid
the (doctrinal) foundation for the recognition of freedom and dignity of all
humans by defending the personal rights of the indigenous peoples inhabiting the
territories colonized by the Spanish Crown.
42
The Enlightenment was decisive in the development of human rights concepts.

The ideas of Hugo Grotius (1583-1645), one of the fathers of modern international
law, of Samuel von Pufendorf (1632-1694), and of John Locke (1632-1704)
attracted much interest in Europe in the 18th century. Locke, for instance,
developed a comprehensive concept of natural rights; his list of rights consisting
of life, liberty and property. Jean-Jacques Rousseau (1712-1778) elaborated the
concept under which the sovereign derived his powers and the citizens their rights
from a social contract. The term human rights appeared for the first time in the
French Déclaration des Droits de l’Homme et du Citoyen(1789).
The people of the British colonies in North America took the human rights
theories to heart. The American Declaration of Independence of 4 July 1776 was
based on the assumption that all human beings are equal. It also referred to
certain inalienable rights, such as the right to life, liberty and the pursuit of
happiness. These ideas were also reflected in the Bill of Rights which was
promulgated by the state of Virginia in the same year. The provisions of the
Declaration of Independence were adopted by other American states, but they
also found their way into the Bill of Rights of the American Constitution. The
French Déclaration des Droits de l’Homme et du Citoyen of 1789, as well as the
French Constitution of 1793, reflected the emerging international theory of
universal rights. Both the American and French Declarations were intended as
systematic enumerations of these rights.
The classic rights of the 18th and 19th centuries related to the freedom of the
individual. Even at that time, however, some people believed that citizens had a
right to demand that the government endeavour to improve their living
conditions. Taking into account the principle of equality as contained in the
French Declaration of 1789, several constitutions drafted in Europe around 1800
contained classic rights, but also included articles which assigned responsibilities
to the government in the fields of employment, welfare, public health, and
education. Social rights of this kind were also expressly included in the Mexican
Constitution of 1917, the Constitution of the Soviet Union of 1918 and the German
Constitution of 1919.
In the 19th century, there were frequent inter-state disputes relating to the
protection of the rights of minorities in Europe. These conflicts led to several
humanitarian interventions and calls for international protection arrangements.
One of the first such arrangements was the Treaty of Berlin of 1878, which
accorded special legal status to some religious groups. It also served as a model
43
for the Minorities System that was subsequently established within the League of
Nations.
The need for international standards on human rights was first felt at the end
of the 19th century, when the industrial countries began to introduce labour
legislation. This legislation - which raised the cost of labour - had the effect of
worsening their competitive position in relation to countries that had no labour
laws. Economic necessity forced the states to consult each other. It was as a
result of this that the first conventions were formulated in which states
committed themselves vis-à-vis other states in regard to their own citizens. The
Bern Convention of 1906 prohibiting night-shift work by women can be seen as the
first multilateral convention meant to safeguard social rights. Many more labour
conventions were later to be drawn up by the International Labour Organisation
(ILO), founded in 1919 . Remarkable as it may seem, therefore, while the classic
human rights had been acknowledged long before social rights, the latter were
first embodied in international regulations.
The atrocities of World War II put an end to the traditional view that states
have full liberty to decide the treatment of their own citizens. The signing of the
Charter of the United Nations (UN) on 26 June 1945 brought human rights within
the sphere of international law. In particular, all UN members agreed to take
measures to protect human rights. The Charter contains a number of articles
specifically referring to human rights (see II§1.A). Less than two years later, the
UN Commission on Human Rights (UNCHR), established early in 1946, submitted a
draft Universal Declaration of Human Rights (UDHR) to the UN General Assembly
(UNGA). The Assembly adopted the Declaration in Paris on 10 December 1948. This
day was later designated Human Rights Day.
During the 1950s and 1960s, more and more countries joined the UN. Upon
joining they formally accepted the obligations contained in the UN Charter, and in
doing so subscribed to the principles and ideals laid down in the UDHR. This
commitment was made explicit in the Proclamation of Teheran (1968), which was
adopted during the first World Conference on Human Rights, and repeated in the
Vienna Declaration and Programme of Action, which was adopted during the
second World Conference on Human Rights (1993).
Since the 1950s, the UDHR has been backed up by a large number of
international conventions. The most significant of these conventions are the
International Covenant on Civil and Political Rights (ICCPR) and the International
44
Covenant on Economic, Social and Cultural Rights (ICESCR). These two Covenants
together with the UDHR form the International Bill of Human Rights. At the same
time, many supervisory mechanisms have been created, including those
responsible for monitoring compliance with the two Covenants87.
IV. CLASSIFICATION OF HUMAN RIGHTS
1. CLASSIC AND SOCIAL RIGHTS
One classification used is the division between ‘classic’ and ‘social’ rights.
‘Classic’ rights are often seen to require the non-intervention of the state
(negative obligation), and ‘social rights’ as requiring active intervention on the
part of the state (positive obligations). In other words, classic rights entail an
obligation for the state to refrain from certain actions, while social rights oblige it
to provide certain guarantees. Lawyers often describe classic rights in terms of a
duty to achieve a given result (‘obligation of result’) and social rights in terms of a
duty to provide the means (‘obligations of conduct’)88.
2. CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Civil rights
The term ‘civil rights’ is often used with reference to the rights set out in the
first eighteen articles of the UDHR, almost all of which are also set out as binding
treaty norms in the ICCPR. From this group, a further set of ‘physical integrity
rights’ has been identified, which concern the right to life, liberty and security of
the person, and which offer protection from physical violence against the person,
torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and
servitude, interference with one’s privacy and right of ownership, restriction of
87
Icelandic Human Right Centre (2010). Human Rights Concepts, Ideas And Fora. Retrieved from
http://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-
fora/part-i-the-concept-of-human-rights/definitions-and-classifications.
88
Supra
45
one’s freedom of movement, and the freedom of thought, conscience and

religion. The difference between ‘basic rights’ and ‘physical integrity rights’ lies
in the fact that the former include economic and social rights, but do not include
rights such as protection of privacy and ownership89.
Political rights
In general, political rights are those set out in Articles 19 to 21 UDHR and also
codified in the ICCPR. They include freedom of expression, freedom of association
and assembly, the right to take part in the government of one’s country and the
right to vote and stand for election at genuine periodic elections held by secret
ballot as provided in Articles 18, 19, 21, 22 and 25 of the ICCPR.
Economic and social rights
The economic and social rights are listed in Articles 22 to 26 UDHR, and
further developed and set out as binding treaty norms in the ICESCR. These rights
provide the conditions necessary for prosperity and wellbeing. Economic rights
refer, for example, to the right to property, the right to work, which one freely
chooses or accepts, the right to a fair wage, a reasonable limitation of working
hours, and trade union rights. Social rights are those rights necessary for an
adequate standard of living, including rights to health, shelter, food, social care,
and the right to education (see Articles 6 to 14 ICESCR).
Cultural rights
The UDHR lists cultural rights in Articles 27 and 28: the right to participate
freely in the cultural life of the community, the right to share in scientific
advancement and the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which one is the
author.
89
Ibid
46
Traditionally it has been argued that there are fundamental differences

between economic, social and cultural rights, and civil and political rights. These
two categories of rights have been seen as two different concepts and their
differences have been characterised as a dichotomy. According to this view, civil
and political rights are considered to be expressed in very precise language,
imposing merely negative obligations which do not require resources for their
implementation, and which therefore can be applied immediately. On the other
hand, economic, social and cultural rights are considered to be expressed in vague
terms, imposing only positive obligations conditional on the existence of resources
and therefore involving a progressive realisation.
As a consequence of these alleged differences, it has been argued that civil

and political rights are justiciable whereas economic, social and cultural rights are
not. In other words, this view holds that only violations of civil and political rights
can be adjudicated by judicial or similar bodies, while economic, social and
cultural rights are ‘by their nature’ non-justiciable90.
Over the years, economic, social and cultural rights have been re-examined
and their juridical validity and applicability have been increasingly stressed.
During the last decade, we have witnessed the development of a large and
growing body of caselaw of domestic courts concerning economic, social and
cultural rights. This caselaw, at the national and international level, suggests a
potential role for creative and sensitive decisions of judicial and quasi-judicial
bodies with respect to these rights91.
3. FUNDAMENTAL AND BASIC RIGHTS

Fundamental rights are taken to mean such rights as the right to life and the
inviolability of the person. Within the UN, extensive standards have been
developed which, particularly since the 1960s, have been laid down in numerous
conventions, declarations and resolutions, and which bring already recognised
rights and matters of policy which affect human development into the sphere of
human rights. Concern that a broad definition of human rights may lead to the
notion of ‘violation of human rights’ losing some of its significance has generated
a need to distinguish a separate group within the broad category of human rights.
90
Ibid
91
Ibid
47
Increasingly, the terms ‘elementary’, ‘essential’, ‘core’ and ‘fundamental’ human

rights are being used.
Another approach is to distinguish a number of ‘basic rights’, which should be

given absolute priority in national and international policy. These include all the
rights which concern people’s primary material and non-material needs. If these
are not provided, no human being can lead a dignified existence. Basic rights
include the right to life, the right to a minimum level of security, the inviolability
of the person, freedom from slavery and servitude, and freedom from torture,
unlawful deprivation of liberty, discrimination and other acts which impinge on
human dignity. They also include freedom of thought, conscience and religion, as
well as the right to suitable nutrition, clothing, shelter and medical care, and
other essentials crucial to physical and mental health92.
3. OTHER CLASSIFICATIONS
Freedoms
Preconditions for a dignified human existence have often been described in
terms of freedoms United States President Franklin D. Roosevelt summarised these
preconditions in his famous ‘Four Freedoms Speech’ to the United States Congress
on 26 January 1941:
Freedom of speech and expression;
Freedom of belief (the right of every person to worship God in his own way);
Freedom from want (economic understandings which will secure to every nation a
healthy peace-time life for its inhabitants); and
Freedom from fear (world-wide reduction of armaments to such a point and in

such a thorough fashion that no nation would be able to commit an act of physical
aggression against any neighbour).
Roosevelt implied that a dignified human existence requires not only
protection from oppression and arbitrariness, but also access to the primary
necessities of life.
92
Ibid
48
Individual and collective rights
Although the fundamental purpose of human rights is the protection and

development of the individual (individual rights), some of these rights are
exercised by people in groups (collective rights). Freedom of association and
assembly, freedom of religion and, more especially, the freedom to form or join a
trade union, fall into this category. The collective element is even more evident
when human rights are linked specifically to membership of a certain group, such
as the right of members of ethnic and cultural minorities to preserve their own
language and culture. One must make a distinction between two types of rights,
which are usually called collective rights: individual rights enjoyed in association
with others, and the rights of a collective.
The most notable example of a collective human right is the right to self-
determination, which is regarded as being vested in peoples rather than in
individuals as accorded in Articles 1 ICCPR and ICESCR). The recognition of the
right to self-determination as a human right is grounded in the fact that it is seen
as a necessary precondition for the development of the individual. It is generally
accepted that collective rights may not infringe on universally accepted individual
rights, such as the right to life and freedom from torture93.
V. CONCEPT OF HUMANITY
Douzinas believes that the concept of ´humanity ís a modern invention.
While Athens and Rome had ćitizens´ who have rights and obligations towards
the community, they did not have the idea of a common humanity who are the
members of the same human species : thus the dichotomy between free men and
slaves, or in the case of Greece, the Greeks and Barbarians. The word
´humanitas´ in ancient Rome was a translation of Greek “paideia” which means
culture and education. “Homo humanus” thus stands for the well - bred and
educated, as contrasted the “homo barbarous”. Both are governed by a separate
set of laws. In Roman Law, homo humanus, the ´human man´, was governed by
jus civile, while the homo barbarus, he who supposedly lived at the periphery of
the empire was under jus gentium.
93
Ibid
49
A different conception of humanitas developed under Christian Theology, one

where áll men are equally part of spiritual humanity under God who can be saved
through God´s plan of salvation. This is captured in the Pauline statement that
there can be no Greek or Jew, Freeman or Slave. The belief in ancient times that
people are either citizens or non-citizens was converted to that of “Humanity”
under the banner of religion. This again changed in the 18th century with the rise
of the liberal political philosophy which transferred the concept of ‘humanity’
from God to human nature. The concept of common humanity became more
secular and universal. It is one possessed by man as a man entitling him to
inalienable rights common to all members of the human race. Michael Ignatieff
writes: Our species is one, and each of the individuals who compose it is entitled
to equal moral consideration. Fukuyama argues that the differences that create
our identity are non- essential and superficial. As far as our genetic inheritance,
we are one.
Judge Habermas, on the other hand, believes that the common essence of
humanity is found not so much in our physical genetic inheritance but in the
óneness or integrity of the human nature´, which is the basis of ethics for the
entire human species. This integrity is the origin of human rationality and in turn,
of universal ethics for the human being species, from which human rights ‘and the
principles of ´freedom and equality’, are part of the specifies of ethics’.
VI. HUMAN RIGHTS AS INSTRUMENTS
A concrete example of international human rights law is the ´Úniversal

Declaration of Human Rights´óf the General Assembly of the United Nations.
Technically, the declaration is not legally binding. It began in 1948 as an
expression of general principles of law recognized by civilized nations. In time
however, it has acquired the quality ´ćustomary law´´, that is, it has become
binding internationally as part of the law of nations and international customary
law. According to the Encyclopedia of Public International Law, the declaration is
said to be based of three premises.
First, all human beings are born free and equal in dignity and rights under
Article 1.
50
Second, everyone is entitled to a social and international order in which the rights
and freedoms set forth in the declaration may be fully realized.
Third, those rights apply to everyone without any form of discrimination

whatsoever.
Aside from the Universal Declartion of Human Rights, the other two
international law instruments that comprise the international ´Bill of Human
Rightsáre the: ICCPR and ICESR, both established in 1966.
As decreed by international law, instruments that have been adopted or

treaties that have been ratified have to be complied with (Pacta sunt servanda).
To ensure compliance, a degree of supervision is necessary. Many of the standards
governing the supervisory mechanisms are included in treaties, these are known
under the United Nations system as treaty-based supervisory mechanisms.
Several supervisory mechanisms are the result of decisions or resolutions of

representative bodies supervising compliance with human rights. Supervisory
mechanisms are commonly divided into four groups:
The first, and according to some experts the most important, is the individual
complaints mechanism.
The second supervisory mechanism is the reporting mechanism.
The third group of supervisory mechanisms is the Inter-State complaints
mechanism.
Finally, the fourth group consists of a system of inquiries, field visits and other
forms of fact-finding or advisory missions. This procedure is important in
establishing facts, preventing violations and promoting human rights.
In order to illustrate the process of development of human rights norms in the UN

system, the UNGA resolution on human rights standard setting, has been
included.Principles for the administration of justice are found in all major
treaties, including the Rome Statute of the International Criminal Court.
Several instruments, not normally classified as human rights instruments, contain
important provisions relevant to human rights; such as, the sources of
international law as laid out in the Statute of the International Court of Justice.
Moreover, the interpretation of reservations as found in the Vienna Convention on
51
the Law of Treaties is also relevant to the human rights field. In the case of
civilians, vulnerable in times of war, the First Protocol to the Geneva Conventions
is important.
It should be kept in mind that the establishment of human rights and standard
setting is a political process. Many documents relevant to human rights contain
political under- or overtones but can nevertheless be important and useful in
promoting compliance with human rights standards94.
VII. HUMAN RIGHTS IN THE PHILIPPINE CONTEXT

The rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution. Also called the Bill of Rights, it includes 22 sections which declare a
Filipino citizen’s rights and privileges that the Constitution has to protect, no
matter what.
Aside from various local laws, human rights in the Philippines are also guided by
the UN's International Bill of Human Rights – a consolidation of 3 legal documents
including the Universal Declaration of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR)95.
As one of the signatories of these legal documents, the Philippines is obliged to
recognize and apply appropriate laws to ensure each right’s fulfillment.
A. CONSTITUTION
The rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution. Also called the Bill of Rights, it includes 22 sections which declare a
Filipino citizen’s rights and privileges that the Constitution has to protect, no
matter what.
B. CRIMINAL LAW
94
Ibid
95 95
Gavilan, Jodezs (September 15, 2017) Things to know: Human rights in the Philippines.
Retrieved from https://www.rappler.com/newsbreak/iq/114698-human-rights-philippines
52
Criminals or those in conflict with the law are still protected by rights as
indicated in many legal documents such as the Philippines’ Criminal Code and
UN’s Standard Minimum Rules for the Treatment of Prisoners. Specific human
rights, however, may be removed, provided they go through due process
beforehand.
C. LABOR
Prior to the Marcos Martial Law Era in the Philippines, all labor laws were not
codified. President Marcos tasked a committee from the then-called Department
of Labor (now the Department of Labor and Employment or DOLE) to consolidate
all the existing labor laws of the Philippines. The result was Presidential Decree
No. 442 ("PD 442") or "A Decree Instituting the Labor Code and Consolidating Labor
and Social Laws to Afford Protection to Labor, Promote Employment and Human
Resources Development and Insure the Industrial Peace Based on Social Justice,"
otherwise known as the "Labor Code of the Philippines". The Labor Code is the
legal code governing employment practices and labor relations in the Philippines.
The Labor Code stipulates standards in terms of wages and monetary benefits,
hours of work, leaves, rest days, holiday pays, and benefits, among others.
VIII. COMPARATIVE ANALYSIS
A. JUSTICE
The difference between human rights and social justice is not only a semantic
one. The phrase “human rights” focuses on what each person deserves, simply by
virtue of being human. The phrase “social justice” focuses on the responsibilities
of society toward its members.
B. EQUALITY
Equality law is about the State changing society by legislating to instruct and
educate institutions and individuals how they might act in their public
interactions. It is about imposing positive obligations on, among others,
employers, teachers and providers of goods and services to the public. It requires
53
them to be: blind to differences in race, gender, age, sexuality; deaf to

differences in religion or belief; and ready to make reasonable adjustments for
the differently abled.
By contrast, human rights law is, classically, about limitations or “negative

obligations” being imposed upon the State, to stop it from interfering in how
individuals may choose to structure their lives. It is about carving out areas of
freedom for individuals – privacy, expression, exercise of religion – which the
State should not interfere in except for a reasonable instance. Discrimination
plays a subordinate role in human rights law. If the State does seek interfere in
those fundamental freedoms it has to do so only in a manner which does not
discriminate on grounds of sex, race, age, religion, social status and the like.
So one could say that equality law arises from the State not doing enough to
protect its citizens and those in its care, whereas human rights law arises from the
perception that the State is doing too much in oppressing its citizens and those at
its mercy96.
C. EQUITY
According to the World Health Organization(WHO), equity is "the absence of

avoidable or remediable differences among groups of people, whether those
groups are defined socially, economically, demographically or geographically."
They also refer to difficulty when it comes to "inequalities that infringe on
fairness and human rights norms." The route to achieving equity will not be
accomplished through treating everyone equally. It will be achieved by treating
everyone equitably, or justly according to their circumstances97.
D. RELIGION
A. HUMAN RIGHTS IN JEWISH LAW
96
O'Neill, Aidan, (2013). Equality v Human Rights?: Same sex marriage and religious liberty.
Retrieved from Equality v Human Rights?: Same sex marriage and religious liberty
97
Milken Institute School of Public Health, (2018). What's the Difference Between Equity and
Equality? Retrieved from https://publichealthonline.gwu.edu/blog/equity-vs-equality/
54
David F. Polish in ‘Human Rights and Jewish Thought’ argued that human
concerns have always been central in the Jewish tradition:
"The recognition of the importance of human life is at the same time both
integral to the Jewish faith system and the first and necessary precondition
for a belief in human rights." "The notion of human rights flows as a natural
extension of the Genesis account of the creation of humanity."
The Genesis story affirms both the sovereignty of God and the sacredness
of the individual, for it is a single person that is first made in the image of
God. Thus, the rabbis teach that killing a person "is tantamount to diminishing
the reality of God's own self.
Polish notes that the three major festivals in the Jewish year—Pesach
(Passover), Succot (Tabernacles), and Shavuot (Pentecost)—commemorate
aspects of the Exodus from Egypt, which is the basis for Jewish affirmations of
the human right to political liberty. Purim, the commemoration of the events
of the Book of Esther, clearly affirms the rights of minority peoples, as does
the Torah in its demand that the rights of the stranger be protected.
Moreover, on the afternoon of every Yom Kippur (Day of Atonement),
Jews read a recounting of those who died "for the sanctification of God's
Name" to live a life of fidelity to Torah, even when that was proscribed by the
Roman occupiers. Martyrdom for acting on higher values has been considered
a positive virtue through our history98.
B. HUMAN RIGHTS IN ISLAMIC LAW

In Islamic Law, human rights are seen as ‘ rights which all human beings
ought to have’. These rights are so deeply rooted in our humanness that their
denial or violation is tantamount to a negotiation or degradation of that which
makes us human. These rights are right, because they are from God. They are
to be respected as a matter of religious obligation, that is, as a matter of
one’s faith in God.
98
Daniel F. Polish, "Judaism and Human Rights," in Human Rights in Religious Traditions (New
York: The Pilgrim Press, 1982), 40.
55
C. HUMAN RIGHTS IN CANON LAW
The concept of human dignity is deeply rooted in the canon law tradition.
Its roots extend back to Aristotle, Aquinas, St. Augustine, and the Bible. One
distinguishing feature of human rights under Canon law is its distrust of
individualism and its emphasis on the community. Human dignity is seen in the
context of the community. The rights which ‘protect human dignity’ are the
rights of person in community.’ They are ‘neither exclusive rights of
individuals against the community nor they are rights of the community
against the individual99.
99
David Hollenbach S.J., (1979) Claims in Conflict: Retrieving and Renewing the Catholic Human
Rights Tradition, Paulist Press, New York
56
CONCLUSION:
Justice, Equity, Equality and Human Rights as ends and effects of the law can
be summed up as follows: that justice and equity must address the attainment of
equality. As to equity, in order to achieve equality, it provides for remedies which
the law have not provided in a certain case. This is of course subject to the
principle that the application of equity must at all times be not out of bounds of
what is legal.
57
Even the legislator himself, through Article 9 of the New Civil Code,
recognizes that in certain instances, the court, in the language of Justice Holmes,
“do and must legislate” to fill in the gaps in the law; because the mind of the
legislator, like all human beings, is finite and therefore cannot envisage all
possible cases to which the law may apply. Nor has the human mind the infinite
capacity to anticipate all situations. 100 With respect to justice, equality can be
attained as justice seeks to prevent or correct the sources of problem thru the
enactment of laws. In effect, the laws are of general application and it is broad
enough to cover all citizens within its jurisdiction.
Natural or Moral Justice is revealed by the divine reason implanted in the
human mind. All human beings endeavor towards conforming it. On the other
hand, under the Legal Justice, when the State finds that certain portions of
natural justice cannot be left for the good sense of each individual, it formulates
legal rules that become obligatory to the subjects to conform to it. Natural or
Moral Justice is the ideal justice. Legal Justice is an approximation to it. Courts
generally deal in accordance to the legal justice of justice according to law.
Administration of Justice is a function of the State. Law is the instrument of
justice.
In our country, courts are not only courts of law but also of justice. Faced
with a choice between a decision that will serve justice and another that will deny
it because of too strict interpretation of the law, courts must resolve in favor of
the former, for the ultimate end of law is justice. (Pangan vs Court of Appeals,
166 SCRA 375) This is particularly true where what is at stake is the life, liberty,
or property of an individual, and more so if he is poor or disadvantaged. 101
Human rights are innate in man which the state may not deny to anyone. Since
human rights are those rights people are entitled, it is correct to say that every
human being is due to be afforded the protection of his human rights. Human
rights also carries with it a corresponding obligation, which is the duty to protect
the human rights of others, not just of himself. Legal instrumentalists do not
discount the idea that the end of law is the promotion of justice and fairness or
the protection of human rights.102
100
Citing FLoresca v. Philex Mining Corporation, 136 SCRA 136
101
De Leon, H. The Law on Obligations and Contracts, Rex Bookstore
102
58

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University of the East - Manila, College of Law

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

University of the East

In partial fulfillment of the requirements in

ENDS AND EFFECTS OF LAWS

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

Camille Angeli Fullante - Justice

John Paul Solano - Equality

(A.Y. 2018 - 2019)

Submitted on August 26, 2018

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

B. Ends and Effects of Law

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

endeavor, activity or a phenomenon. It is also the state of affairs that a

Law is not an end in itself. It may be viewed as a means of social

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

general the sense could be oppressive or unconstitutional. It could be like

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

Weeramantry summed up Aristotle’s view on the end of law as follows:

Aquinas countered the objections which argued that laws as such do

2. Aquinas’ reply.-- to the arguments espousing that laws do not

a) that every law’s aim is to be obeyed by those whom the law is

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

habituating them to good works.” 10 The law may serve as a guide to

c) since the individual is part of the whole, the goodness of the

d) a tyrannical law is, strictly speaking, not a true law. It is a

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

A. Introduction (Lady Justice)

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

In Roman mythology, she is “Justitia” the goddess of justice; she is

However, Lady Justice in Greek mythology is called “Themis,” the goddess

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

In summary, Lady Justice is ultimately a symbol of neutrality, as justice

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

Other definitions of justice:

ENDS AND EFFECTS OF LAWS(Justice, Equity, Equality, and Human Rights)

Professor: Atty. Jack Andrew O. Miranda

Section I-C-1|Group 5| Fullante|Duran| Solano |Nombre

This depicts entitlement mentality, that is, a state of mind in which an

C. Justice as and End and Effects of Laws / Character/ Rule of Action

Justice as and End and Effects of Laws