Truth and Justice.doc - Articles Law Truth and Justice Law Truth and Justice By Leon L Asa Do not equate the law which is but the tool with justice that

Truth and Justice.doc - Articles Law Truth and Justice Law...

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Articles: Law, Truth and Justice Law, Truth and Justice By: Leon L. Asa Do not equate the law which is but the tool, with justice that is the ultimate goal. Justice J.B.L. Reyes Law and Justice are inseparable. Senior Justice Isagani A. Cruz Law, truth, and justice are inseparable. In litigation, the facts are established from the evidence adduced by the parties; the pertinent provision of the law is applied or interpreted; and after judicious consideration of the facts and the law, judgment is rendered. The judgment represents the justice in the case. If the judgment is in consonance with the law and established facts, there is justice; if it is in derogation of the law and established facts, there is injustice. Law defined Law “in its specific and concrete sense is a rule of conduct, just, obligatory, formulated by legitimate power for common observance and benefit” (Lapitan vs. Philippine Charity Sweepstakes Office, 60 O.G. 6841). St. Thomas Aquinas in his Summa Theologica said law is “a certain rule of reason for the purpose of the common good, laid down by him who is entrusted with the welfare of the community and promulgated.” Cicero, the great Roman jurist-writer-philosopher, said: “Law is the highest reason implanted in nature, which commands what
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ought to be done and forbids the opposite” (De Legibus, I, vi). Mr. Justice Oliver Wendell Holmes said: “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law” (Path of the Law, 10 Harvard Law Review, 457, 460 [1897]). In this article, law is that which is enacted by the legislature, applied or interpreted by the courts, and enforced by the executive. Publication of the law; ignorance of the law Article 2 of the New Civil Code provides that “laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.” Article 2 of the same Code provides that “ignorance of the law excuses no one from compliance therewith.” The publication of mandatory and prohibitory laws is essential for the citizens to know their rights, duties, and obligations under the law. Without its publication, the citizens can rightfully plead ignorance of the law. The maxim Ignorantia legis neminem excusat (ignorance of the law excuses no one) cannot be invoked by the citizen affected by the law after such law has been duly published and has taken effect. With its publication and effectivity, the citizens are presumed to know the law. Nobody can escape its effects by alleging that he does not know its provisions. John Selden wrote: Ignorance of the law excuses no man: not that all men know the law, but because ‘its an excuse every man will plead, and no man can tell how to confute him.
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