Introduction to Law - Dictates of his moral nature; knows in

heart and conscience

LAW IN GENERAL
 Law - any rule of action / any system of
uniformity
- determines activities, movements or
motions of all animate or inanimate
objects of creation
GENERAL DIVISIONS OF LAW
1. Law in the strict legal sense - promulgated
and enforced by state
 State Law
2. Law in the non-legal sense – not
promulgated and enforced by state
 Divine law, natural law, moral law,
physical law
SUBJECTS OF LAW
 State law, divine law, natural law, moral
law
- Apply to men as rational beings only
 Physical law
- Called “law only figuratively
speaking”
- Apply to all things w/o regard on use
of will power and intelligence
DIVINE LAW
 Law of religion & faith w/c concerns
itself w/ the concept of sin and
salvation
A. Source
- Formally promulgated by God
- Revealed to mankind through direct
revelation
- In OT, embodied in 10
Commandments (Moses)
- Differs according to what one
believes to have been established &
communicated by revelations
- Muslims -> Quoran
B. Sanction
- Assurance of certain rewards and
punishments in present/future
NATURAL LAW
 Divine inspiration in man of sense of
justice, fairness, righteousness by
internal dictates of reason alone
A. Binding force
- Ever present & binding everywhere
at all times
- Basic understanding /fundamental
standard of good and evil
B. Compared to divine law
- NL is impressed in man as core of his
higher self @ very moment of being
- DL is revealed through direct
revelation
C. Place in State law
- Reasonable basis of state law
MORAL LAW
 Totality of the norms of good and right
conduct growing out of the collective
sense of right and wrong of every
community
A. Determination of what is right and wrong
- “Mores/ways of life were always
considered right and correct and
obedience to them was
demanded”
B. Sanction
- No definite legal sanction for
violation of purely moral law
- Spontaneous social reaction may
depend on whether public pleasure
/ displeasure
C. Binding force
- Not absolute
- Varies with changing times,
conditions and convictions of
people
D. Place in State Law
- Influences / shapes state law
PHYSICAL LAW / LAW OF NATURE/ LAW OF
PHYSICAL SCIENCE
 Uniformities of actions & orders of
sequence w/c are the physical
phenomena we sense and feel
A. Order or regularity in nature
- Addressed to objects w/c have no
power to disobey
- Certain results follow certain causes
B. Called law only by analogy
- Ex: Law of gravitation, Law of
chemical combination
STATE LAW
 Law promulgated & enforced by
State
  Also called positive law, municipal
law, civil law, imperative law
A. Binding force
- Only law enforced by state w/ aid of
physical force if necessary
B. Concern of state law
- Does not concern itself w/ violations
of other rules of action unless they
constitute violations of its commands
CONCEPTS OF (STATE) LAW
1. General or abstract sense
- All laws taken together
- Mass of obligatory rules established
for governing relations of persons in
society
2. Specific or material sense
- “ A rule of conduct, just, obligatory,
promulgated by legitimate authority,
and of common observance &
benefit”
- Particular statute or legal rule
CHARACTERISTICS OF LAW
1. Rule of Conduct
- Tells us what shall and shall not be
done
- Takes cognizance of external acts
only
 Mandatory Laws – laws to do
 Prohibitory Laws – not to do
laws
2. Obligatory
- Positive command imposing a duty
to obey and involves a sanction w/
force of obedience
3. Promulgated by legitimate authority
- In democratic authority, legislature is
legitimate authority
- Under constitution, laws “statutes”
enacted by Congress – legis branch
of gov’t
4. Common observance and benefit
- Intended by man to serve man
- Regulates relations of men to
maintain harmony in society & to
make order and coexistence
possible
NECESSITY AND FUNCTIONS OF LAW
1. What would life be without law?
- Need for internal order & external
defence is constant
- No society can be stable in w/c
either is absent
2. What does law do?
- Secures justice, resolves social
conflict, orders society, protects
interests, controls social relations
3. What is our duty as members of
society?
- Understanding & observance for
common good
SOURCES OF LAW
1. Constitution
- Written instrument by w/c
fundamental powers of gov’t are
established, limited, defined and
distributed among several dep’ts for
safe and useful exercise
- Fundamental law, supreme law, or
highest law of the land
- Promulgated by the people
- Binding on all individuals and
agencies
- Laws on which all other laws are
based
2. Legislation
- Declaration of legal rules by a
competent authority
- Preponderant source of law
- “enacted law or statute law” = acts
passed by legislature
3. Administrative or Executive Orders,
regulations &rulings
- Those issued by administrative
officials under legislative authority
- Clarify/explain law and carry into
effect its general provisions
- Valid only when not contrary to laws
& constitution
4. Judicial decisions or jurisprudence
- Decisions of courts, parti. Supreme
Court
- “Laws” by their own right
 Doctrine of Precedent or
Stare Decisis – the
decisions of a superior
court on a point of law are
binding on all subordinate
courts
5. Custom
- Habits and practices w/c through
long & uninterrupted usage have
become acknowledged and
approved by society as binding rules
of conduct
6. Other Sources
 - Principles of justice and equity,
decisions of foreign tribunals,
opinions of textwriters, religion
- Only supplementary, resorted to in
absence of all other sources; not
binding on the courts
RULE IN CASE OF DOUBT IN INTERPRETATION
OR APPLICATION 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.”
ORGANS OF SOCIAL CONTROL
 Social Control – control of social
behaviour that affects others
 Ex: Churches Labor unions
legal institutions Social Clubs
Corporations Families
Professional organizations
Political parties Hosts of
others Trade associations
Schools
LAWS COMPARED WITH OTHER MEANS OF
SOCIAL CONTROL
1. Law is authorized to act in behalf of
the entire citizenry.
2. Only legal institutions ca make rules,
regulations, orders w/ w/c entire
citizenry must comply.
3. People in orgs can easily terminate
their relationship but citizens have to
leave the sovereign area.
4. Sanctions/ techniques of control
through laws are more varied and
complex
 Remedial – object is the
indemnification of the person
who has suffered
damages/injury from violation
of law
 Penal – object is the
punishment of violator
5. “Due Process” of law is required
ORGANIZATION OF COURTS
*** Courts of General/Superior Jurisdiction
Supreme Court*
| between state and its
Court of Appeals*
| fundamental powers of
Regional Trial Courts*
|
Metropolitan Trial Courts/Municipal Trial
Courts in Cities/Municipal Circuit Trial Courts
(exercise juris. over 2 or more
cities/municipalities
1. Regular Courts
2. Special Courts
- Focus on certain issues/areas
- Sandiganbayan ~ special anti-graft
court
- Court of Tax Appeals ~ special tax
court, same level of COA
3. Quasi-judicial agencies
- Administrative bodies under the
executive branch performing quasi-
judicial functions
- Involve the settlement/adjudication
of controversies or disputes (SEC,
LFTRB, etc)
CLASSIFICATIONS OF LAW
I. As to its purpose:
a. Substantive Law – creating,
defining and regulating rights and
duties either public or private in
character
b. Adjective Law – remedial law or
procedural law, prescribing
manner/procedure by w/c rights
may be enforced or violations
redressed
- governed by the Rules of Court,
promulgated by Supreme Court and
special laws
II. As to its subject matter:
c. Public Law – regulates the rights
and duties arising from the
relationship of the state to the
people
Examples:
 Criminal law – defines
crimes and provides for
their punishment … (In
legal theory, person
violates not only the right
of indiv. but also disturbs
peace and order of the
state)
 International law –
governs the relations
among nations or states
 Constitutional law –
governs the relations
citizens; establishes
gov’t
  Administrative law – 1. Laws cannot be enforced due to their
governs the method by being unknown to many
w/c functions of admin. 2. Almost impossible to prove the
authorities are to be contrary
performed 3. Absurd to absolve those who do not
 Criminal procedure – know and increase the obligations of
branch of private law w/c those who know
governs method of trial 4. In our conscience, we carry norms of
and punishment in right and wrong and a sense of duty.
criminal cases 5. Evasion of the law would be facilitated
and the administration of justice would
d. Private Law – regulates the be defeated.
relations of individuals w/ one
another for purely private ends Dura lex sed lex - “The law is harsh but it is the
Examples: law.”
 Civil law
 Commercial or Mercantile
law
 Civil procedure – provides
for the means w/c private
rights may be enforced

LAWS ON OBLIGATIONS AND CONTRACTS

DEFINED

 The body of rules w/c deals with the

nature and sources of obligations and
the rights and duties arising from
agreements and particular contracts

CIVIL CODE OF THE PHILIPPINES

 Republic Act No. 836

 Civil law – law found in Civil code
 Based on Civil Code of Spain w/c took
effect on Dec. 7, 1889
 Approved RA 386 on June 18, 1949
and took effect on Aug.30, 1950
 Book 4 deals with ObliCon

CONCLUSIVE PRESUMPTION OF KNOWLEDGE

OF LAW

Ignorantia legis non excusat - “Ignorance of

law excuses no one from compliance
therewith.”

“Everyone, therefore, is conclusively

presumed to know the law”
- Established because of obligatory
force of law
Reasons: