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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 -The sanction of law lies in the assurance of certain
Law rewards and punishments in the present life or in the
-means any rule of action or any system of uniformity life to come.
-in general, it determines not only the activities of men
as rational beings but also the movements or motions Natural law
of all objects of creations , whether animate or The divine inspiration in man of the sense of justice,
inanimate. fairness and righteousness not by divine revelation or
formal promulgation but by the internal dictate of
General divisions of law reason alone.
2 general groups:
1. law in the strict legal sense, which is -Ever present and binding on all men everywhere and
promulgated and enforced by the state at all times.
2. law in the non-legal sense which is not
promulgated and enforced by the state. -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 -Written instrument by which the fundamental powers
state law. of the government are established , limited and
defined and
Physical law -by which these powers are distributed among the
-In the operation or course of nature, there are several departments for their safe and useful exercise
uniformities of actions and orders of sequence which for the benefit of the people.
are the physical phenomena that we sense and feel.
Fundamental
State Law Supreme
-promulgated and enforced by the state . Highest law of the land.
called positive law
-municipal law , Legislation
-civil law or It consists in the declaration of legal rules by a
imperative law. competent authority.

Law maybe understood in 2 concepts It is the preponderant source of law in the Philippines.
1. general or abstract concept
2. specific or material sense Acts passed by the legislatures are called enacted or
statute law.
Characteristics of Law
1. rule of conduct It includes ordinances enacted by local governments.
2. obligatory
3. promulgated by legitimate authority Administrative or Executive Orders, Regulations
4. common observance and benefit and Rulings
Issued by administrative officials under legislative
Necessity and functions of law authority.
Society comes into existence because its members
could not live without it. Administrative rules and regulations are intended to
clarify or explain the law and carry into effect its
The need for internal order is as constant as the need general provisions.
for external defense.
Administrative acts are valid only when they are not
No society can be stable in which either of these contrary to laws and the Constitution.
requirements fails to be provided for.
Judicial decisions or Jurisprudence
What does the law do? The decisions of the courts, particularly the Supreme
It has been said that law secures justice, resolves Court applying or interpreting the laws or the
conflict , orders society ,protects interest , controls constitution form part of the legal system of the
social relations. Philippines.
No society can last without means of social The decisions of a superior court on a point of law are
control, without rules of social order binding on it binding on a point of law are binding on all
members. subordinate courts. This is called the DOCTRINE OF
The sum of such rules as existing in a given PRECEDENT OR STARE DECISIS
society under whatever particular forms is what
common speech we understand by law. The Supreme Court however may reverse or modify
Since we find law necessary , every citizen should any of its previous rulings.
have an understanding of law.
5. Custom
Sources of law It consists of those habits and practices through long
1. Constitution and uninterrupted usage have become acknowledged
2.legislation and approved by society as binding rules of conduct.
3.Administrative or executive orders, regulations and
rulings It has the force of law when recognized and enforced
4. judicial decisions or jurisprudence by the state.
5. Custom
Philippine Constitution
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 Branch of public law which deals with the nature and
control of behavior that affect others. sources of obligations and rights and duties arising
from agreements and particular contracts.
Organizations of Courts
1. Regular Courts Civil Code of the Philippines
Supreme Courts Republic Act 386 is the Civil Code of the
Court of Appeals Philippines
Regional Trial Courts Based on the Spanish Civil Code which took
Municipal Trial Courts effect in the Philippines on December 7,
2. Special Courts 1889.
Sandiganbayan It was approved on Republic Act 386 on
Court of Tax Appeals June 18, 1949 and took effect on August 30,
3. Quasi-judicial agencies 1950
National Labor Relations Commission
Employees Compensation Commission Civil Code is Divided into 4 Books
Securities and Exchange Commission Book IV
Land Transportation and Franchising deals with obligations and contracts.
Regulatory Board The general provisions on obligations are contained in
Title I Articles 1156 1304 while those on contracts in
CLASSIFICATION OF LAW 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.