CHAPTER 1

LAW, ITS CONCEPT AND CLASSIFICATION

DEFINITION OF LAW

The term “law” in its broadest sense, means any rule of action or norm of conduct applicable to all kinds of action and to all
objects of creation. In this sense therefore, it includes all laws, whether they refer to state law, divine law and others.

In a strict legal sense, law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for common
observance and benefit. (Sanchez Roman, 23) Based on this definition, law has the following elements:

1. It is a rule of conduct – Laws serve as guides of an individual in relation to his fellowmen and to his community;
2. Law must be just – The chapter on human relations is now precisely embedded in the New Civil Code in order to
obtain stability of social order. Laws, as guides for human conduct, “should run as golden threads through society,
to the end that law may approach its supreme ideal which is the sway and dominance of justice” (Report the Coe of
the Commission, p.39);
3. It must be obligatory – If laws are not enforced, the purpose for which they are intended will not be served;
4. Laws must be prescribed by legitimate authority – If laws are not prescribed by legitimate authority, the people
could not be expected to observe them. Authority to make laws is conferred upon those duly chosen by the
sovereign will of the people. This is the resonance with Section 1, Article 2 of the Philipppines Constitution whicj
says that Soveriegnity resides on people