INTRODUCTION TO LAW Thus, to the Mohammedans, divine law is embodied

The General Nature of Law in the Muslim Quoran.

Meaning of Law in General
Law
-means any rule of action or any system of uniformity
-in general, it determines not only the activities of men
as rational beings but also the movements or motions
of all objects of creations , whether animate or
inanimate.
General divisions of law
2 general groups:
1. law in the strict legal sense, which is
promulgated and enforced by the state
2. law in the non-legal sense which is not
promulgated and enforced by the state.
-The sanction of law lies in the assurance of certain
rewards and punishments in the present life or in the
life to come.
Natural law
The divine inspiration in man of the sense of justice,
fairness and righteousness not by divine revelation or
formal promulgation but by the internal dictate of
reason alone.
-Ever present and binding on all men everywhere and
at all times.
-reasonable basis of state law.

First Natural and divine law are very similar, they are not
Refers to the state law. however the same
Second
Includes: Divine law
Divine law -Law of religious faith
Natural law -Is made known to man by means of direct revelation
Moral law and
Physical law Natural law
Said to be impressed in man as the core of his higher
The first four kinds of law self at the very moment of being, or perhaps even
-are comprised in the definition of law as a rule of before that.
action
-They apply to men as rational beings. Moral law
-Totality of norms of good and right conduct growing
Physical Law out of the collective sense of right and wrong of every
-operates on all things, including men without community.
regard to the latters use of their will power and
intelligence -There is no definite legal sanction (punishment
-It is called law only figuratively speaking. imposed by law like imprisonment and or payment of
fines is produced in the form of public displeasure,
contempt or even indignation.
Divine law
is the law of religion and faith which concerns -If on the other hand, there is no conformity to the
itself with the concept of sin (as contrasted with moral norms, there is created spontaneous social
crime) and salvation. reaction which maybe in the form of public pleasure,
-It is formally promulgated by God and revealed approval or even joy.
or divulged to mankind by means of direct
revelation. Moral law
-Is not absolute
-Under the Old Testament, divine law is -It varies with the changing conditions or convictions
embodied in the ten commandments. of the people.

-It is believed that these laws were formally given -For example, polygamy is considered immoral 9it is
by God through Moses, the great Hebrew also a crime) in the Philippines, whereas it is allowed
prophet and leader. in some parts of the world.

-Divine law differs according to what one believes -Todays fashion in womens dress are socially
to have been established and communicated to allowed but at different times, they would have been
mankind by revelation. morally condemned.
-Moral law, to a great extent influences or shapes
state law.
Physical law
-In the operation or course of nature, there are
uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel.
State Law
-promulgated and enforced by the state .
called positive law
-municipal law ,
-civil law or
imperative law.
Law maybe understood in 2 concepts
1. general or abstract concept
2. specific or material sense
Characteristics of Law
1. rule of conduct
2. obligatory
3. promulgated by legitimate authority
4. common observance and benefit
Necessity and functions of law
Society comes into existence because its members
could not live without it.
The need for internal order is as constant as the need
for external defense.
No society can be stable in which either of these
requirements fails to be provided for.
What does the law do?
It has been said that law secures justice, resolves
conflict , orders society ,protects interest , controls
social relations.
No society can last without means of social
control, without rules of social order binding on it
members.
The sum of such rules as existing in a given
society under whatever particular forms is what
common speech we understand by law.
Since we find law necessary , every citizen should
have an understanding of law.
Sources of law
1. Constitution
2.legislation
3.Administrative or executive orders, regulations and
rulings
4. judicial decisions or jurisprudence
5. Custom
Philippine Constitution
-Written instrument by which the fundamental powers
of the government are established , limited and
defined and
-by which these powers are distributed among the
several departments for their safe and useful exercise
for the benefit of the people.
Fundamental
Supreme
Highest law of the land.
Legislation
It consists in the declaration of legal rules by a
competent authority.
It is the preponderant source of law in the Philippines.
Acts passed by the legislatures are called enacted or
statute law.
It includes ordinances enacted by local governments.
Administrative or Executive Orders, Regulations
and Rulings
Issued by administrative officials under legislative
authority.
Administrative rules and regulations are intended to
clarify or explain the law and carry into effect its
general provisions.
Administrative acts are valid only when they are not
contrary to laws and the Constitution.
Judicial decisions or Jurisprudence
The decisions of the courts, particularly the Supreme
Court applying or interpreting the laws or the
constitution form part of the legal system of the
Philippines.
The decisions of a superior court on a point of law are
binding on a point of law are binding on all
subordinate courts. This is called the DOCTRINE OF
PRECEDENT OR STARE DECISIS
The Supreme Court however may reverse or modify
any of its previous rulings.
5. Custom
It consists of those habits and practices through long
and uninterrupted usage have become acknowledged
and approved by society as binding rules of conduct.
It has the force of law when recognized and enforced
by the state.
 A custom must be proved as a fact according to the
rules of evidence. (Article 12, Civil Code of the As to subject matter:
Philippines. Public law
Private law
It may be applied by the courts in the absence of
law or statute exactly applicable to the point in Public law
controversy. Body of rules which regulates the rights and duties
arising from the relationship of the state to the people
But customs which are contrary to law, public order example:
or public policy are not countenanced. Criminal Law
Public International Law
Other sources Constitutional Law
To the above maybe added: Administrative Law
Principles of justice and equity Criminal Procedure
Decisions of foreign tribunals
Opinions of text writers and religion Private law
Body of rules that regulates the relations of individuals
They are only SUPPLEMENTARY with one another for purely private ends.
RESORTED TO ONLY IN THE ABSENCE
OF ALL OTHER SOURCES. The law on Obligations and Contracts come under
NOT BINDING ON THE COURTS. this heading because it deals with the rights and
obligations of the contracting parties only.
Article 9
No judge or court shall decline to render judgment The state however is involved in private law; it
by reason of the silence, obscurity or insufficiency enforces private law but simply as an arbiter and not
of the laws. as a party

Article 10 Included in Private Law are:

In case of doubt in the interpretation or application Civil law
of laws, it is presumed that the lawmaking body Commercial Law
intended right and justice to prevail. Civil Procedure

Law is not an end in itself. Civil Procedure

It maybe viewed as a means of social control.-the
control of behavior that affect others.
Organizations of Courts
1. Regular Courts
Supreme Courts
Court of Appeals
Regional Trial Courts
Municipal Trial Courts
2. Special Courts
Sandiganbayan
Court of Tax Appeals
3. Quasi-judicial agencies
National Labor Relations Commission
Employees Compensation Commission
Securities and Exchange Commission
Land Transportation and Franchising
Regulatory Board
CLASSIFICATION OF LAW
Branch of public law which deals with the nature and
sources of obligations and rights and duties arising
from agreements and particular contracts.
Civil Code of the Philippines
Republic Act 386 is the Civil Code of the
Philippines
Based on the Spanish Civil Code which took
effect in the Philippines on December 7,
1889.
It was approved on Republic Act 386 on
June 18, 1949 and took effect on August 30,
1950
Civil Code is Divided into 4 Books
Book IV
deals with obligations and contracts.
The general provisions on obligations are contained in
Title I Articles 1156 1304 while those on contracts in
Title II , articles 1305 -1422.

As to purpose: The general rules on contracts are applicable to

Substantive law the particular kinds of contract (sale, agency,
Adjective law
partnership , barter 0 in addition to the special
provisions of law.

Governing each type of contract.

Book IV also contains new provisions dealing with

natural obligations which found in Title III , Articles
1423-1430.

Conclusive presumption of Knowledge of law

Ignorance of the law excuses no one from
compliance therewith.