General Nature of Law

Law is any rule of action or any system of

uniformity

TWO DIVISIONS
1. LAW in its legal sense those
promulgated and enforce by the state
2. LAW in its non-legal sense laws other
than those promulgated by the state
Kinds of Law (Non-Legal)
1. DIVINE LAW

It is formally promulgated by God, revealed or divulged to

mankind by means of direct revelation like the Ten
Commandments.
Kinds of Law (Non-legal)
2. NATURAL LAW

Promulgated impliedly in our conscience and body. It is the

divine interpretation in man in the sense of justice, fairness,
right and equity by internal dictate of reason on our mind.
Like for instance, it is better to do good than to do evil for
being a God-fearing person.
Kinds of Law (Non-legal)
3. PHYSICAL LAW
Refers to the act of rules governing the action and movement
of things like the law on gravity by Newton.

4. MORAL LAW
Those that regulate the behavior of man in the society
governed by mores or ways of life that determines what is
right and what is wrong as defined by the group.
Kinds of Law (Legal)
5. STATE LAW
Those promulgated by man to regulate human relations.
Rules, principles, standards and processes devised
by the state that govern the relationships and
regulate the conduct of men in an organized
society.
Law
The most basic, simple and concise definition of law
was defined by Sanchez Roman, a Spanish Civilist and
he defined Law as:

A RULE OF CONDUCT , JUST AND OBLIGATORY

PROMULGATED BY LEGITIMATE AUTHORITY FOR
THE COMMON OBSERVANCE AND BENEFIT.

Edgardo Paras defined Law as an ordinance of

reason promulgated for the common good by Him
who is in charge.
Characteristics of Law
1. A RULE OF CONDUCT

Meaning any action, things, dictate of reason if regulated

or gathered together could become a conglomeration of
rules, regulations that can create an orderly, peaceful,
harmonious relations among the people concerned so
that in the end justice will prevail.
Characteristics of Law
2. PROMULGATED BY LEGITIMATE AUTHORITY

That is, made known to those who are expected to follow

it. In a Republican State like the Philippines, we have
three branches of government legislative body (like
Congress, Sanggunian) is the law-making body; the
executive body is the implementing body and the
judiciary as the enforcing body.
Characteristics of Law
3. JUST and OBLIGATORY

Treatment of Law should be equal, regardless of sex,

creed, age and status in life and to follow the law there
should be equivalent punishment or penalties to enforce
them. The dictum Justice delayed is Justice denied is
commonly abused term on the relation of a criminally
inclined poor person and a moneyed person on the
treatment of the application of law. Obligatory means
any duty binding parties to perform their agreement.
(Blacks dict. P. 1074).
Characteristics of Law
4. FOR THE COMMON OBSERVANCE and
BENEFIT

The application of law should not be titled or favoring

an individual but by the observance of all and the
benefits that may be derived from it.
Function of Law
Social control
Regulate conduct
Protects and Limits rights
Preserve order and stability
Administer justice
Sources of Law
1. LEGISLATIVE

It consists of legal rights by a competent authority. In

the Philippines, being a democratic and republican form
of government, the Legislative is the law-making body.
For national government, Congress comprising the
House of Representatives and the Senate. For provinces,
the Sangguniang Panlalawigan for every province. For a
town, the Sangguniang Pambayan or the local Municipal
council. For a Barangay level, the Sangguniang
Pambarangay.
Sources of Law
2. CONSTITUTION

The fundamental law that governs a nation in its

relation to its citizens. All laws must conform and
comply with the provisions of the Constitution,
otherwise it becomes unconstitutional.
Sources of Law
3. ADMINISTRATIVE OR EXECUTIVE ORDERS,
REGULATIONS AND RULINGS

The fundamental law that governs a nation in its

relation to its citizens. All laws must conform and
comply with the provisions of the Constitution,
otherwise it becomes unconstitutional.
Sources of Law
4. JUDICIAL DECISIONS OR JURISPRUDENCE

Judicial decisions or interpreting the laws or the Constitution

shall form a part of the legal system of the Philippines. (Art.
8, New Civil Code) Judicial decisions, though, are part of the
legal system in the Philippines still are not laws for if this
were so, the Courts exists for stating what the law is, but not
for giving it. Judicial decisions, though not law, are evidence
of what the law means. This is why they are part of the legal
system in the Philippines. So, f an interpretation is placed by
the Supreme Court upon a law, it constitute in a way, part of
the law since the Courts interpretation merely establishes the
legislative intent.
Sources of Law
4. JUDICIAL DECISIONS OR JURISPRUDENCE

Thus, our country adhere to the Doctrine of Stare

Decisis (Let it Stand), the doctrine which in reality is
adherance to precedents stated that once a case has
been decided, then another case involving the same
point at issue, should be decided in the same manner.
Therefore, if the Supreme Court being a Court of last
resort, has decided that a certain law passed by Congress
is constitutional, the law becomes binding and has its
full force and effect.
Sources of Law
5. CUSTOM

It consists of those habits and practices which through

long and uninterrupted usage have become
acknowledged and approved by society as binding rule
of conduct. Thus, it has been a custom for a person to
enter and exit a door. Once a person uses the window
for his entrance and exit, it runs counter to the custom
of use of the door. Even our Lord said as a good
shepherd, if a person does not pass the gate, he is a thief
for a marauder.
Sources of Law
6. OTHER SOURCES

To add, the principle of justice and equity, decisions of

foreign tribunals, opinions of text writers and even
religion may also be sources of law.

Natural Law what is reasonable the inherent

inclination of man is to see the truth and give what is
just and fair to everyone.
Classification of Law
As to Purpose:

1. Substantive Law
body of law creating and defining rights
and duties which may be either public or
private in character.
Example: Civil Law, Criminal Law,
Constitutional Law
Classification of Law
2. Procedural or Remedial Law
- body of law prescribing the manner or
procedure by which rights may be enforced or
their violations redressed.

Example: Rules of Court Civil Procedure,

Criminal Procedure, Special Proceedings, Rules
on Evidence
Classification of Law
As to its subject:
1. PUBLIC LAW
Body of rules which regulates the rights and
duties arising from the relationship between the
State and its inhabitants.
Example
1. International Law consists of those rules and
principles which govern the relations and dealing of
nations with each other.
2. Constitutional Law It simply governs the relations
between the State and its citizens.
Classification of Law
GENERAL or PUBLIC LAW

3. Administrative Law it fixes the organization and determines

the competence of the authorities that execute the law and
indicates to the individual remedies for the violation of his rights.

4. Political Law deals with the organization and operation of the

governmental organs of the State and defines the relations of the
state with the inhabitants of its territory.

5. Criminal Law guaranties the coercive power of the law so that

it will be obeyed. Governs the methods of trial and punishment of
crimes.
Classification of Law
2. PRIVATE LAW
Those law which regulates the relations of
individuals with one another for purely private
ends.
Example:
1. Commercial Law defined as a whole body of
substantial jurisprudence applicable to the rights,
intercourse and relation of persons engaged in
commerce, trade or mercantile pursuits. (Blacks
law dict. 338)
Classification of Law
PRIVATE LAW
2. Civil Law branch of law which has for its
double purpose the organization of the
family and the regulation of property. It is
defined as the mass of precepts which
determines and regulate the relation of
assistance, authority and obedience among
the members of a society for the protection
of private interests.
Sources of Philippine Civil Code
1. The New Civil Code of the Philippines the
collection of laws which regulates the private relations
of the members of civil society, determining the
defective rights and obligations with reference to
persons, things and civil acts.

A civil code is a compilation of existing Civil Laws,

scientifically arranged into books, titles, chapters and
subheads and promulgated by legitimate authority. (Black
Law Dict. 334).
Sources of Philippine Civil Code
2. Special laws or statutes, Presidential decrees and
other social legislation.

3. Jurisprudence there is need to mention that,

jurisprudence in our system of government, cannot be
considered as an independent source of law; but the
Courts interpretation of a statute that constitute part
of the law as of the date it was originally passed since
the Courts construction merely establishes
contemporaneous legislative intent, that the
interpreted law could take into effect.
Sources of Philippine Civil Code
4. Customs and Traditions Custom is a judicial rule
which results from a constant and continuous uniform
practice by the members of a social group.

5. The Code Commission itself A Code

commission of five members was created by Pres.
Manuel Roxas through Exec. Order No. 48 dated Mar.
20,1947 in view of the need of revision in keeping with
progressive modern legislation. The Civil Code took
effect on August 30, 1950.
Books of the Civil Code
Book I Person and Family Relations

This was re-codified as Family Code of the Philippines

embodied in Exec. Order No. 209 as amended by Exec. Order
No. 227. The Family Code effectuates the long-felt reforms and
changes to the Civil Code provisions on Family relations
consistent with Filipino values, customs and traditions vis--
vis recent developments in the social-cultural scene. (Pineda,
Family Code).
Books of the Civil Code
Book II Property, Ownership and its modifications.

Book III Different Modes of Acquiring Ownership

(Succession)

Book IV Obligations and Contracts

Book V Special contracts

The Civil Code begins with preliminary titles and ends up with the
repealing clause. This module is taken from the Civil Code of the
Philippines from Articles 1156 to 1422 inclusive.
Why study Law
Ignorance of the Law excuses no one
( Ignoratio legis non excusat)