The law is a living thing

By Atty. Eduardo T. Reyes III

While staying in Manila for a few days for a string of bar review lectures for the upcoming 2025 Bar examinations in September, I had the chance to meet up with relatives and close family friends for some catching up.

During occasions like these, recent events and politics would seamlessly creep into the conversations.

                I was asked the following questions which I surmise are also in the minds of many lay persons:

1. Given the much-publicized and criticized en banc decision of the Supreme Court in Duterte v. House of Representatives, G.R. No. 278353/ G.R. No. 278359, July 25, 2025, and the motion for reconsideration (MR) filed by the House of Representatives (HOR) through the Office of the Solicitor General (OSG), may the decision still be reversed?

Yes. While the Supreme Court Justices have been monikered as “gods of Padre Faura,” they are not free from error or mistakes which they can correct in resolving an MR.

2. Is public opinion or sentiment a factor in deciding cases?

Yes. Applying or interpreting the law is not based on logic but more on “the felt necessities of the times.” Justice Oliver Wendell Holmes Jr., whose writings and decisions while sitting as a US Supreme Court Justice in the 1920’s, are one of the most quoted until today, has quipped that: “The life of the law had not been logic but experience. The felt necessities of the times, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow men, have a good deal more to do than the syllogism in determining the rules by which men should be governed” ~The Common Law (1881), by Oliver Wendell Holmes, Jr. (Legal Philosopher, US Supreme Court Justice).

3. If the law is unclear or silent, what rule should be applied by the courts?

Article 10 of the New Civil Code states 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.” So, in tandem, Article 9 provides that judges are not allowed to renege on their duty to render a fair judgment simply because they may think the law as insufficient. They have to decide by ensuring that right and justice will prevail.

4. Are the facts or timeline important in applying the law in the court’s decision?

Yes. There is a latin maxim which states that “ex facto ius oritur,” which means “the law arises from facts.” Simply, the facts must be accurate so that the law may be applied correctly.

 

After answering these queries from my relatives and family friends, I proceeded to my series of lectures for bar reviewees. I delivered my lectures carrying with me the insights which came from discussions during my catching up with friends and relatives.

Indeed, while giving a talk about the law, for three hours per session, or so, I brought with me some confidence if not inspiration about the law.

I think that the problem today is that the world has become so jaded and prejudiced and biased about so many things.

Speaking about the law before bar takers who dream of becoming lawyers, it dawned on me that in today’s complicated world, all we need to do is go back to the basics. To fundamental principles which we studied in law school.

The basic principles are articulated in the law to ensure that we prioritize right and justice to prevail over mere technicalities in procedure. Our laws are inspired by experience and thus were made to serve the people and not the people to be slaves to the law much less to mere procedural technicalities.

The final question in this article is the most commonly-asked from me: why do I not get tired of teaching the law?

I believe that although the law may not be perfect, it is always humane. It exists to provide meaning to what we do. I teach the law in a grand manner even as I mean for the law to inspire law students and lawyers. We need to keep afloat this inspiration that should be the driving force behind every interpretation of the law. Because the day when the law loses its meaning, or the inspiration behind it, would be the day that society would be in a dire place.

The law is a living thing. It must keep up with the times. It must always reckon the needs of the people in these ever-changing times.

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).