CHAPTER 1 - INTRODUCTION

TO LAW
GENERAL PROVISIONS
THE GENERAL NATURE OF LAW
Meaning of Law in General
 In its widest and most comprehensive sense,
the term law means any rule of action or any
system of uniformity.

 In general, 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.
THE GENERAL NATURE OF LAW
General Divisions of Law
1. Law (in strict and legal sense) which
is promulgated and enforced by the
state.

2. Law (in non-legal sense) which is not

promulgated and enforced by the
state.

 The first refers to the state law while

the second includes divine law,
natural law, moral law and physical
law.
THE GENERAL NATURE OF LAW
Subjects of Law
 State law, divine law, natural law, and
moral law are comprised in the definition
of law as a rule of action.

 Physical law operates on all things

including men, without regard to the
latter’s use of their will power and
intelligence.
THE GENERAL NATURE OF LAW
Divine Law - is the law of religion and faith
which concerns itself with the concept of sin
(as contrasted with crime) and salvation.

1. source - it is formally promulgated by

God and revealed or divulged to mankind
by means of direct revelation.
a. Under OT (10 commandments
b. Differs according to what one
believes
2. sanction - lies in the assurance of certain
rewards and punishments in the present
THE GENERAL NATURE OF LAW
Natural Law - define as the divine inspiration
in man of the sense of justice, fairness, and
righteousness, not by divine revelation or
pormal promulgation, but by internal dictates
of reason alone.
1. binding force- natural law is ever present
and binding on all men everywhere and
at all times. There is a basic
understanding of right and wrong.
2. compared to divine law- law are very
similar, they are not, however, the same.
3. place in state law - has been regarded as
THE GENERAL NATURE OF LAW
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.
1. determination of what is right and wrong-
human beings learned that it was good for
the welfare of the group that the privilege to
determine what is right and wrong.
2. sanction- there is no definite legal sanction
for purely vioation of moral law.
3. binding force - not absolute; varies with the
changing times, conditions or conviction of
the people
THE GENERAL NATURE OF 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. They are
known as the laws of physical science or
physical law
1. order or regularity in nature- a law of
physical science, being addressed to
objects which have no power to disobey.
Nothing more than an order or regularity
in nature by which certain results follow
certain causes (clark elementary law, p.
THE GENERAL NATURE OF LAW
State Law - particularly concerns us in this
work that is promulgated and enforced by the
state.
1. other terms used- positive law, municipal
law, civil law, or imperative law 1.(oblicon,
marriage administration of justice conduct
of elections, entire governmental process
itself)
2. binding force- only state law is enforced
by the state, with the aid of its physical
force, if necessary
3. concern of state law - does not concerns
THE GENERAL NATURE OF LAW
Concepts of Law - the term law may be
understood in two concepts:
1. in its general sense - the term refers to all
laws taken together. iy may be defined as
“the mass of obligatory rules established
for the purpose of governing the relations
of persons in society” (law on the land,
rule of law and not of men, equality before
the law enforcement of the law)
2. specific sense - the term has been defined
as “a rule of conduct, just, obligatory,
promulgated by legitimate authority, and
THE GENERAL NATURE OF LAW
Characteristics of Law
1. it is a rule of conduct - law takes
cognizance of external acts only; tells us
what shall and shall not be done
2. it is obligatory - law is considered a
positive command imposing a duty to
obey and involving a sanction which forces
obedience
3. it is promulgated by legitimate authority -
under the Constitution laws called statues
are enacted by the Congress
4. it is of common observance and benefit -
THE GENERAL NATURE OF LAW
Necesslty and functions of law

1. What would life be without law? – No society

can be stable without internal order for
external defense.

2. What des law do? – secures justice, resolves

social conflict, orders society protects
interests, controls social relations.

3. What is our duty as members of society? –

every citizen should have some
THE GENERAL NATURE OF LAW
Sources of Law
1. Constitution - it is often referred to as the
fundamental law or supreme law or
highest law of the land, because it is
promulgated by the people themselves,
binding on all individual citizens and all
agencies of the government.
2. legislation - it consists in the declaration of
legal rules by a competent authority.
3. administrative or executive orders,
regulations, and rulings - they are those
issued by administrative officials under
THE GENERAL NATURE OF LAW
Sources of Law
4. judicial decisions or jurisprudence- the
decisions of the courts, particularly the
Supreme Court, applying or interpreting
the laws of the constitution form part of
the legal system of the Philippines.
5. Custom- it consists of those habits and
practices.
6. other sources -they are sorted by the
courts in the absence of all the sources.
they are, however, binding on the courts.
Rule in case of doubt in interpretation of
application of laws
Rule in case of doubt in interpretation of
application of laws

 Civil Codes provides that no judge or court

shall decline to render judgement by reason
of the silence, obscurity or insufficiency of
the laws (Art. 9, CC). In case of doubt, it is
presumed that the lawmaking body intended
right and justice to prevails (Art. 10)
 Organs of social control
Organs of social control

 Law is not an end in itself. It may be

viewed as a means of social control – the
control of social behavior that affects
others. (Howards and Summers, op. cit., p.
38)
Law compared with other means of social
control
Law compared with other means of social control

1. Laws are made and administered by the only

institution in society authorized to act in behalf of
the entire citizenry. Churches, for example, act
only for their members
2. 2.Only the legal institutions within the society
can make rules, regulations an d orders with
which the entire citizenry must comply. (Rules of
economic organizations govern only limited
numbers)
3. 3.People associated with an organization can
Law compared with other means of
social control
4. Sanctions or techniques of control thru law are
more varied and complex than techniques available
to organizations such as churches, labor unions,
and political parties. A sanction is remedial if the
object is the indemnification of the person who has
suffered damages or injury from violation of law,
and penal if the object is the punishment of the
violator

5. Before the law operates against and individual,

various procedural steps are required. Such steps
are commonly referred to as “due process” of law.
Organization of courts
1. Regular courts - the Philippine judicial
system consists of a hierarchy of courts
resembling a pyramid with the Supreme
court at the apex. 1.Other courts are: (A) one
Court of Appeals, (b) Regional Trial Courts (C)
Metropolitan Trial Courts and Municipal Trial
Courts and Municipal Circuit Trial Courts.
2. Special courts – special anti-graft court the
Sandiganbayan; forms part of the judicial
hierarchy together with the Court of Tax
Appeals
Organization of courts
3. Quasi-judicial agencies – administrative bodies
under executive branch performing quasi-judicial
functions (National Labor Relations Commission,
SEC, Land Transportation Franchising and Regulatory
Board, Insurance Commission, COA, COMELEC Civil
Service Commission); involve settlement or
adjudication of controversies or disputes.
 Classification of Law
1. As to its purpose
a. Substantive law – creating, defining, and regulating rights and
duties which may either be public or private in characer (law on
oblicon)
b. Adjective law – prescribing the manner or procedure by which
rights may be enforced or their violations redressed; remedial
law or procedural law (provision of law which says that actions
for recovery of real property shall be filed with the Regional Trial
Court or the regions where the property or any part thereof lies);
governed by the Rules of Court promulgated by the Supreme
Court

2. As to its subject matter

a. Public law – body of legal rules which regulates he rights and
duties arising from the relationship of the state to the people
(criminal law, international law, constitutional law, administrative
law, criminal procedure)
 Classification of Law
Law on obligations and contracts defines
 Body of rules which deals with the nature and sources of obligations
and the rights and duties arising from agreements and the particular
contracts (Art. 1307)

Civil Code of the Philippines

 Law of oblicon is found in RA No. 386, “Civil Code of the Philippines”;
approved on June 18, 1949; took effect on August 30, 1950
 CC is mainly based from Spain which took effect on December 7,
1889.
 Classification of Law
Civil Code provisions on obligations and contracts
 Book IV of the CC deals with oblicon. The general provisions of obligations are
contained in Title I, Articles 1156-1304, while contracts in Title II, Articles 1405-
1422. Book IV contains new provisions dealing with natural obligations which are
found in Title III Articles 1423-1430

 Conclusive presumption of knowledge of law

Ignorance of law excuses no one from compliance therewith. (Art. 3, Civil Code)
Reasons of presumption:
1. If laws will not be binding until they are actually known, then social life will
be impossible, because most laws cannot be enforced due to their being
unknown to many
2. It is almost impossible to prove the contrary when a person claims ignorance
of the law
3. It is absurd to absolve those who do not know the law and increase the
obligations of those who know it
4. In our conscience, we carry norms of right and wrong, and a sense of duty,
so that our reason indicates many times what we have to do and in more
complicated juridical relations, there are lawyers who should be consulted
5. Evasion of the law would be facilitated and the administration of justice
would be defeated if persons could successfully plead ignorance of the law