INTRODUCTION TO LAW c.

Moral law
The General Nature of Law -Totality of norms of good and right conduct growing out of the
collective sense of right and wrong of every community.
Meaning of Law in General
-There is no definite legal sanction (punishment imposed by law
LAW like imprisonment and or payment of fines is produced in the
-means any rule of action or any system of uniformity form of public displeasure, contempt or even indignation.
-in general, it determines not only the activities of men
as rational beings but also the movements or motions of all -If on the other hand, there is no conformity to the moral norms,
objects of creations, whether animate or inanimate. there is created spontaneous social reaction which maybe in the
form of public pleasure, approval or even joy.
General divisions of law
2 general groups: Moral law is not absolute. It varies with the changing conditions
1. law in the strict legal sense, which is promulgated and or convictions of the people.
enforced by the state
2. law in the non-legal sense which is not promulgated and -For example, polygamy is generally considered immoral (it is
enforced by the state. also a crime) in the Philippines, whereas it is allowed in some
parts of the world and for our Muslim Filipino citizens.
First
Refers to the state law. -Today’s fashion in women’s dress are socially allowed but at
-promulgated and enforced by the state . different times, they would have been morally condemned.
called positive law
-municipal law , -Moral law, to a great extent influences or shapes state law.
-civil law or imperative law.
d. Physical law
Second -In the operation or course of nature, there are
Includes: uniformities of actions and orders of sequence which are the
• Divine law physical phenomena that we sense and feel.
• Natural law -operates on all things, including men without regard to
• Moral law and the latter’s use of their will power and intelligence
• Physical law -It is called law only figuratively speaking.

The first four kinds of law Characteristics of Law

-are comprised in the definition of law as a rule of action 1. rule of conduct
-They apply to men as rational beings. 2. obligatory
3. promulgated by legitimate authority
a. Divine law 4. common observance and benefit
is the law of religion and faith which concerns itself with the
concept of sin (as contrasted with crime) and salvation. Necessity and functions of law
-It is formally promulgated by God and revealed or divulged • Society comes into existence because its members
to mankind by means of direct revelation. could not live without it.

-Under the Old Testament, divine law is embodied in the • The need for internal order is as constant as the need
ten commandments. for external defense.

-It is believed that these laws were formally given by God • No society can be stable in which either of these
through Moses, the great Hebrew prophet and leader. requirements fails to be provided for.

-Divine law differs according to what one believes to have What does the law do?
been established and communicated to mankind by It has been said that law secures justice, resolves conflict,
revelation.Thus, to the Mohammedans, divine law is orders society, protects interest, controls social relations.
embodied in the Muslim Quoran. No society can last without means of social control, without
rules of social order binding on it members.
-The sanction of law lies in the assurance of certain The sum of such rules as existing in a given society under
rewards and punishments in the present life or in the life to whatever particular forms is what common speech we
come. understand by law.
Since we find law necessary , every citizen should have an
b. Natural law understanding of law.
The divine inspiration in man of the sense of justice, fairness
and righteousness not by divine revelation or formal Sources of law
promulgation but by the internal dictate of reason alone. 1. Constitution
2.legislation
-Ever present and binding on all men everywhere and at all 3.Administrative or executive orders, regulations and rulings
times. 4. judicial decisions or jurisprudence
-reasonable basis of state law. 5. Custom

Natural and divine law are very similar, they are not however Philippine Constitution
the same… -Written instrument by which the fundamental powers of the
government are established , limited and defined and
Divine law -by which these powers are distributed among the several
-Law of religious faith departments for their safe and useful exercise for the benefit of
-Is made known to man by means of direct revelation the people.
Vs.
Natural law • Fundamental
Said to be impressed in man as the core of his higher self at the • Supreme
very moment of being, or perhaps even before that. • Highest law of the land.
 Legislation
It consists in the declaration of legal rules by a competent 2. Special Courts
authority. • Sandiganbayan
• Court of Tax Appeals
It is the preponderant source of law in the Philippines. • Family Court
• Drugs Court
Acts passed by the legislatures are called enacted or statute
law. 3. Quasi-judicial agencies
• National Labor Relations Commission
It includes ordinances enacted by local governments. • Employees’ Compensation Commission
• Securities and Exchange Commission
Administrative or Executive Orders, Regulations and
• Land Transportation and Franchising Regulatory
Rulings
Board
Issued by administrative officials under legislative authority.
CLASSIFICATION OF LAW
Administrative rules and regulations are intended to clarify or
As to purpose:
explain the law and carry into effect its general provisions.
• Substantive law
• Adjective law
Administrative acts are valid only when they are not contrary to
laws and the Constitution.
As to subject –matter:
• Public law
Judicial decisions or Jurisprudence
The decisions of the courts, particularly the Supreme Court • Private law
applying or interpreting the laws or the constitution form part of
the legal system of the Philippines. Public law
The decisions of a superior court on a point of law are binding Body of rules which regulates the rights and duties arising from
on a point of law are binding on all subordinate courts. This is the relationship of the state to the people example:
called the DOCTRINE OF PRECEDENT OR STARE DECISIS • Criminal Law
• Public International Law
The Supreme Court however may reverse or modify any of its • Constitutional Law
previous rulings. • Administrative Law
• Criminal Procedure
5. Custom
It consists of those habits and practices through long Private law
and uninterrupted usage have become acknowledged and Body of rules that regulates the relations of individuals
approved by society as binding rules of conduct. with one another for purely private ends.
It has the force of law when recognized and enforced The law on Obligations and Contracts come under this
by the state. heading because it deals with the rights and obligations of the
contracting parties only.
❖ A custom must be proved as a fact according to the rules of The state however is involved in private law; it
evidence. (Article 12, Civil Code of the Philippines. enforces private law but simply as an arbiter and not as a party
❖ It may be applied by the courts in the absence of law or
statute exactly applicable to the point in controversy. Included in Private Law are:
❖ But customs which are contrary to law, public order or public • Civil law
policy are not countenanced. • Commercial Law
• Civil Procedure
Other sources /SUPPLEMENTARY Sources
To the above maybe added: Civil Procedure
• Principles of justice and equity Branch of public law which deals with the nature and sources of
• Decisions of foreign tribunals obligations and rights and duties arising from agreements and
• Opinions of text writers and religion particular contracts.

They are only Civil Code of the Philippines

• RESORTED TO ONLY IN THE ABSENCE OF ALL • Republic Act 386 –is the Civil Code of the Philippines
OTHER SOURCES. • Based on the Spanish Civil Code which took effect in
• NOT BINDING ON THE COURTS. the Philippines on December 7, 1889.
• It was approved on Republic Act 386 on June 18, 1949
Article 9 and took effect on August 30, 1950
No judge or court shall decline to render judgment by reason
of the silence, obscurity or insufficiency of the laws. Civil Code is Divided into 4 Books

Article 10 Book IV
In case of doubt in the interpretation or application of laws, it deals with obligations and contracts.
is presumed that the lawmaking body intended right and The general provisions on obligations are contained in Title I
justice to prevail. Articles 1156 –1304 while those on contracts in Title II , articles
1305 -1422.
Law is not an end in itself.
It maybe viewed as a means of social control.-the control of The general rules on contracts are applicable to the
behavior that affect others. particular kinds of contract (sale, agency, partnership , barter 0
in addition to the special provisions of law.
Organizations of Courts
1. Regular Courts Conclusive presumption of Knowledge of law
• Supreme Courts Ignorance of the law excuses no one from compliance
• Court of Appeals therewith.
• Regional Trial Courts
• Municipal Trial Courts