Common Law

Common Law Defined

Common law refers to the body of law based on customs and judicial decisions. In contrast to statutory laws that are enacted by legislatures, common law is unwritten and changes over time. Moreover, common law is developed by the competent court on a case-to-case basis depending on the peculiar circumstances present in individual disputes. Common law originated from the unwritten laws of England, which was later adopted by the United States. As such, all U.S. states, except Louisiana, adopted the English common law as the general law of the state. In contrast, the Philippines is predominantly a civil law country and courts in the Philippines cannot make or create a law. Instead, Philippine courts can only interpret statutes.

Joint Obligation vs. Solidary Obligation

The distinction between Joint and Solidary Obligations are very important in civil law. The following shows the basic differences between the two obligations:

JOINT OBLIGATION - it is one wherein a debtor is obliged to pay a portion of the full amount of debt that corresponds only to his share. Likewise, the joint creditor can only demand a portion of the full amount that corresponds to his share.

For an instance, A and B contracted a loan amounting to P10 million from X. A received a share amounting to P6 million while B received an amount equal to P4 million. When the obligation came due, A is only obliged to pay an amount corresponding to his share of the loan, which is P6 million.

SOLIDARY OBLIGATION - refers to a kind of obligation wherein either one of the creditors has the right to demand full compliance of the obligation from either one of the solidary debtors.

For an instance, in a loan contract, A and B borrowed an amount equal to P10 million and agreed to pay the said amount solidarilly to X and Y, who are also solidary creditors. A received P6 million while B received P4 million. When the contract came due, either X or Y can compel any of A and B to pay the whole amount of P10 million, regardless of their share. The one who paid the whole amount will just reimburse the share received by the other debtor.

Any solidary debtor may be compelled to pay the whole amount, not only his share, whether or not he benefitted from the said debt. Solidary obligation is never presumed. The main reason for this is that solidarity gives huge right to the creditor to demand full compliance of the obligatiom from any of the debtors.

The use of the term "solidary" is not required by law to make a contract or agreement solidary. It is enough that the parties include other terms which also mean the same thing, such as "jointly and severally".

The three sources of solidarity are: (1) by law; (2) by stipulation of the parties to the contract, and; (3) by the nature of the obligation.

U.S. Supreme Court's ruling on civil rights

BROWN vs. BOARD OF EDUCATION

Date Decided: May 17, 1954
Chief Justice Presiding: Earl Warren
Vote Split: 9-0

On this landmark case in the United States, the Supreme Court ruled unanimously on May 17, 1954 that it state laws establishing separate public schools for black and white children are unconstitutional. The Court ordered the removal of race-based segregation in public schools mainly because it has a permanent detrimental impact on minority children. This controversial decision, though not welcomed by many politicians and school administrators, set the stage for Civil Rights Movement and paved the way for integration.

The court's ruling on Brown vs. Board of Education essentially reversed an earlier, but equally controversial, decision by the U.S. Supreme Court on the case of Plessy vs. Ferguson. In 1896, the Supreme Court ruled that segregation was constitutional. More specifically, the Court said that the 14th Amendment on equal protection clause guaranteed legal, but not social, equality. Therefore, states can legally offer separate facilities to whites and blacks, provided that said facilities were identical, embodying the concept of "separate but equal".

U.S. Supreme Court's decision on abortion

ROE vs. WADE

Date Decided: January 22, 1973
Chief Justice Presiding: Warren E. Burger
Vote Split: 7-2.

Roe v. Wade is considered as one of the most controversial cases in the United States. This became a battle between an unborn child's right to life and a woman's right to choose.

In the early 1970s, Norma McCorvey, a single mother living in Texas, was pregnant for a third time, McCorvey decided she did not want to bear a third child, but Texas state law prevented her from having an abortion. After almost three years, the U.S. Supreme Court finally released its decision on the case asserting that the constitutional right to privacy extends to a decision of a woman to have an abortion. In effect, this court ruling legalized first trimester abortion. A woman's choice to have an abortion within her first trimester of pregnancy is still within her constitutional right.

Qualifications for Senators and House Representatives

SENATORS AND HOUSE REPRESENTATIVES 

The Philippine Congress is divided into the Upper House and the Lower House. Lawmakers in the Upper House are called Senators while those in the Lower House are called Representatives or Congressmen.

Senators are elected at large by qualified voters to a six-year term. Senators can serve for not more than two consecutive terms. On the other hand, Representatives are elected to a three-year term by voters in their respective legislative districts. They can serve for not more than three consecutive terms.

Qualifications for Senators

1. a natural-born Filipino citizen
2. a registered voter
3. a resident of the Philippines for at least two (2) years before the day of the election
4. at least thirty-five (35) years old

Qualifications for House Representatives

1. a natural-born citizen of the Philippines
2. a registered voter in the district in which they seek to be elected
3. a resident therein for not less than one (1) year before the day of the election
4. at least twenty-five (25) years of age

To know the basic requirements for the highest office of the land, read the article entitled Qualifications for the President of the Philippines.

Qualifications for the President of the Philippines

THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

The President of the Philippines is the head of state and the head of government of the country. He is also the highest official of the executive branch of the government, which includes the Cabinet and all the executive departments. In addition, the President is also the commander-in-chief of the Armed Forces of the Philippines (AFP). The President is elected directly for a six-year term.

Qualifications for the Philippine President

Under Article 7, Section 2 of the Philippine Constitution, any person shall be eligible to become the President if the following are met:

1. at least 40 years old and above;
2. a registered voter, single or married;
3. able to read and write;
4. a male or female Filipino citizen by birth (natural born Filipino); and
5. a resident of the Philippines for at least ten (10) years immediately preceding election

The same qualifications are required for the Vice President of the Philippines.

For the qualifications for the members of the Congress, read the following article: Qualifications for Senators and House Representatives. Moreover, to know who among the Philippine presidents were lawyers, read the article entitled Philippine Presidents Who Are Lawyers.

The legality of same-sex marriage in the United States

U.S. Supreme Court rules same-sex marriage is legal nationwide

The White House lit up in rainbow colors to celebrate the recent ruling of the Supreme Court legalizing same-sex marriage nationwide.

In a landmark case decided last June 26, 2015, the U.S. Supreme Court ruled that same-sex couples can marry across the country. This ruling has effectively established a new civil right and handed gay rights advocates a historic victory. However, the Supreme Court was divided in a 5-4 ruling.

The ruling also effectively nullified the same-sex marriage ban previously imposed by 14 U.S. states. According to Justice Anthony Kennedy,  the plaintiffs asked "for equal dignity in the eyes of the law. The Constitution grants them that right."

President Barack Obama, who vocally supports the legalization of gay marriage, said the ruling was a "victory for America". "When all Americans are treated as equal, we are all more free " said the U.S. President.