1 Origin Nature and Development of Law

Origin, Nature and
Development of Law
Engr. Lito I. Mauro

1. Law – 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 creation, whether
animate or inanimate.
2. General divisions of law
a. Law which is promulgated
and enforced by the state.
b. Law which is not promulgated
and enforced by the state.
The first refers to the state law while the
second includes:
Divine law – law of religion and faith which
concerns itself with the concept of sin (as
contrasted with crime) and salvation.
Natural law – the divine inspiration in man
of the sense of justice, fairness,
righteousness, not by divine revelation or
formal promulgation, but by internal
dictates of reason alone.
•Moral law – the totality of the norms
of good and right conduct growing
out of the collective sense of right and
wrong of every community.
•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 – law that is promulgated and
enforced by the state. This law is also
called positive law, municipal law,
and civil law or imperative law.
3. Characteristics of law
a. It is a rule of conduct.
b. It is obligatory.
c. It is promulgated by legitimate
authority.
d. It is common observance and
benefit.
4. What would life be without 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.
5. What does law do?
Law secures justice, resolves social
conflict, orders society, protects
interests, controls social relations.
Life without basic laws against theft,
violence, and destruction would be
solitary, nasty, brutish and short.
Life without other laws such as those
regulating traffic, sanitation,
employment, business, redress of harm
or of broken agreements, etc. – would
be less orderly, less healthful, less
wholesome, etc.
No society can last and continue without
means of social control, without rules
of social order binding on its members.
6. Sources of law
a. Constitution – the 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.
b. Legislation – It consists in the
declaration of legal rules by a
competent authority.
It is the preponderant (having superior
power) source of law in the Philippines.
c. Administrative or executive orders,
regulations, and rulings – They are
those issued by administrative
officials under legislative authority.
Administrative rules and regulations
are intended to clarify or explain
the law and carry into effects its
general provisions.
Administrative acts are valid only
when they are not contrary to the
laws and Constitution.
d. Custom – It consists of those habits
and practices which through long
and uninterrupted usage have
become acknowledged and
approved by society as binding
rules of conduct.
It has the force of the law when
recognized and enforced by the
state.
e. 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.
f. Other sources – Others are principles
of justice and equity, decisions of
foreign tribunals, opinions of text
writers, and religion.
7. Organization of courts
a. Regular courts – The Philippine judicial system
consists of a hierarchy of courts resembling a
pyramid with the Supreme Court at the apex. The
other courts are: Court of Appeals, Regional Trial
Courts sitting in the different provinces and cities,
and Metropolitan Trial Courts in Metropolitan areas
established by law; Municipal Trial Courts in cities
not forming part of a metropolitan area, and
Municipal Circuit Trial Courts in areas defined as
municipal circuits. The Supreme Court, the Court of
Appeals, and the Regional Trial Courts are
considered courts of general or superior jurisdiction.
b. Special courts – There is a special
anti-graft court, the Sandiganbayan.
It forms part of the judicial hierarchy
together with the Court of Tax
Appeals, a special tax court created
by law.
c. Quasi-judicial agencies –
Administrative bodies under the executive
branch performing quasi-judicial
functions, like the NLRC, the SEC,
LTFRB, Insurance Commission, etc,
and the independent Constitutional
Commissions (CSC, Comelec, and
CoA) do not form part of the integrated
judicial system.
8. Classifications of law
a. as to its purpose
• Substantive law or that portion of
the body of law creating and
defining rights and duties which
may be either public or private in
character.
Ex.: law on obligations and contracts
• Adjective law or that portion of the body
of law prescribing the manner or
procedure by which rights may be
enforced or their violations redressed.
Sometimes this is called remedial law or
procedural law. Ex.: The provision of
law which says that actions for the
recovery of real property shall be filed
with the RTC of the region where the
property or any part therefore lies.
b. as to its subject matter
• Public law or the body of legal rules
which regulates the rights and
duties arising from the relationship
of the state to the people.
Ex: Criminal law – the law which defines
crimes and provides for their punishment.
International law or that law which
governs the relations among nations or
states.
Constitutional law or that which governs the
relations between the state and its citizens;
it establishes the fundamental powers of
the government.
Administrative law or that which governs
the methods by which the functions of
administrative authorities are to be
performed.
Criminal procedure or that branch of private
law which governs the methods of trial
and punishment in criminal cases.
• Private law or the body of rules which
regulates the relations of individuals
with one another for purely private ends.
The law on obligations and contracts comes
under this heading because it deals with the
rights and obligations of the contracting
parties only.
Included in private law are civil law,
commercial law or mercantile law and civil
procedure.
Civil procedure – that branch of
private law which provides
for the means by which private
rights my be enforced.
Law on obligations and contracts –
the body of rules which deals with
the nature and sources of obligations
and the rights and duties arising from
agreements and the particular
contracts.
“Ignorance of law excuses no one from
compliance therewith.”
“ Everyone, therefore, is conclusively
presumed to know the law.”

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Origin, Nature and

Engr. Lito I. Mauro

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