INTRODUCTION TO LAW
laws and are not necessarily legally enforceable.
LAW – any rule of action or any system of uniformity.
- determines not only the activities of men as
rational beings, but also the movements of all objects
of creation, inanimate or animate.
GENERAL DIVISIONS OF LAW
 LAW (IN THE STRICT LEGAL SENSE) -
promulgated and enforced by the
state.
o STATE LAW
 LAW (IN THE NON-LEGAL SENSE) – not
promulgated and enforced by the state.
o DIVINE LAW, NATURAL LAW, MORAL
LAW AND PHYSICAL LAW.
SUBJECTS OF LAW
 STATE LAW, DIVINE LAW, NATURAL LAW, AND
MORAL LAW as a rule of action and apply to
men as rational beings only.
 PHYSICAL LAW - operates on all things,
including men, without regard to the latter’s
use of their will power and intelligence.
DIVINE LAW – law of religion and faith which concerns
itself with the concept of sin and salvation.
 SOURCE – formally promulgated by God and
revealed to mankind by means of direct
revelation.
o TEN COMMANDMENTS given by God
through Moses.
o MUSLIM QUORAN
 SANCTION – assurance of certain rewards
and punishments in the present life or in the
life to come.
NATURAL LAW – divine inspiration in man of the
sense of justice, fairness and righteousness, by
internal dictates of reason alone.
- Natural law is the philosophy that certain
rights, moral values, and responsibilities are inherent
in human nature, and that those rights can be
understood through simple reasoning.
 BINDING FORCE – basic understanding of
right and wrong based on an understanding
of the fundamental standard or criterion of
good and evil.
 COMPARED TO DIVINE LAW – divine law is
made known to man by means of direct
revelation, while natural law is said to be
impressed in man as the core of higher self at
the very moment of being or even before that.
 PLACE IN STATE LAW – a reasonable basis of
state law.
MORAL LAW – totality of the norms of good and right
conduct growing out of the collective sense of right
and wrong of every community.
- refers to guidelines or rules of behavior of a
group of people that determine what is ''right'' or
''wrong'' but are not necessarily part of the formal
 DETERMINATION OF WHAT IS RIGHT AND
WRONG – mores – way of life were evolved
which were considered right and correct.
 SANCTION – if a member of a community
disregards the moral norms, a spontaneous
social reaction is produced in the form of
public displeasure, despise or rage. If there is
conformity, a social response which may be in
the form of public pleasure, approval or even
joy are present.
 BINDING FORCE – moral law is not absolute, It
varies with the changing times, conditions or
convictions of the people.
 PLACE IN STATE LAW - influences and shapes
state law.
PHYSICAL LAW – uniformities of actions and orders of
sequence which are the physical phenomena that we
sense and feel, laws of physical science or physical
law.
 ORDER OR REGULARITY IN NATURE – law of
physical science being addressed to objects
which have no power to disobey.
 CALLED LAW ONLY BY ANALOGY – law of
gravitation, law of chemical combination.
STATE LAW – law that is promulgated and enforced
by the state.
 OTHER TERMS USED. Also called positive law,
municipal law, civil law or imperative law, it is
the law that we refer to when we speak of law
in connection with obligations and contracts,
marriage, justice, elections and the entire
governmental process itself.
 BINDING FORCE. It is enforced by state with
the aid of its physical force.
 CONCERN OF STATE LAW. Does not concern
itself with violations of the latter rules of
action unless they also constitute violation of
its commands.
CONCEPTS OF (STATE) LAW
 GENERAL – refers to all the laws taken
together, the mass of obligatory rules
established for the purpose of governing the
relations of persons in society.
 SPECIFIC – rule of conduct, just, obligatory,
promulgated by legitimate authority and of
common observance and benefit.
o LAW ON OBLIGATIONS AND
CONTRACTS.
CHARACTERISTICS OF LAW (IN SPECIFIC SENSE)
 RULE OF CONDUCT – tells us what shall be
done and what shall not be done.
 OBLIGATORY – a positive command imposing
a duty to obey and involving a sanction which
forces obedience.
 PROMULGATED BY LEGITIMATE AUTHORITY
 o Ex. Legislature
o “STATUTES” are enacted by Congress
which is the name of the legislative
branch of our government.
 COMMON OBSERVANCE AND BENEFIT –
intended by man to serve man, regulates the
relations of men to maintain harmony in
society and to make order and co-existence
possible.
NECESSITY AND FUNCTIONS OF LAW
 WHAT WOULD BE LIFE BE WITHOUT LAW?
The need for internal order is as constant as
the need for external defense. Life without law
would be solitary, nasty, brutish and short,
less orderly, less healthful, less wholesome
etc.
 WHAT DOES LAW DO? Law secures justice,
resolves social conflict, orders society,
protects interests, controls social relations.
 WHAT IS OUR DUTY AS A MEMBERS OF
SOCIETY? Every citizen should have some
understanding of law and observe it for the
common good.
SOURCES OF LAW.
CONSTITUTION – written instrument by which the
fundamental powers of the government are
established, limited and defined.
- by which these powers are distributed
among the several departments for their safe and
useful exercise for the benefit of the people.
- often referred to as the fundamental law or
supreme law, because it is promulgated by the
people themselves, binding on all individual citizens
and agencies of the government.
LEGISLATION – consists in the declaration of legal
rules by a competent authority, and includes
ordinances enacted by LGUs.
ADMINISTRATIVE OR EXECUTIVE ORDERS,
REGULATIONS AND RULINGS – those issued by
administrative officials under legislative authority,
intended to clarify or explain the law and carry into
effect its general provisions.
JUDICIAL DECISIONS OR JURISPRUDENCE –
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. Doctrine of Precedent or Stare Decisis.
CUSTOM – consists of those habits and practices
which through long and uninterrupted usage have
rules of conduct.
OTHER SOURCES – principles of justice and equity,
decisions of foreign tribunals, opinions of text writers
and religion, however, they are only supplementary.
RULE IN CASE OF DOUBT IN INTERPRETATION OR
APPLICATION OF LAWS.
 Article 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)
 Article 10. In case of doubt in the
interpretation or application of laws, it is
presumed that the lawmaking body intended
right and justice to prevail.
ORGANS OF SOCIAL CONTROL
 SOCIAL CONTROL – the control of social
behavior that affects others.
LAW COMPARED WITH OTHER MEANS OF SOCIAL
CONTROL
 Laws are made and administered by the
institutions in society authorized to act in
behalf of the entire citizenry.
 Only legal institutions within the society can
make rules, regulations and orders with which
the entire citizenry must comply.
 People associated with an organization can
ordinarily terminate their relationship and
thereby free themselves from the impact of its
rules and regulations.
 The sanctions through law are more varied
and complex. Expulsion is usually the most
powerful technique. Imprisonment,
deportation, are some of the examples.
 Various procedural steps are required before
the law operates against an individual. A
hearing or due process is ordinarily given.
ORGANIZATION OF COURTS
 REGULAR COURTS – consists of a hierarchy of
courts resembling a pyramid with the
Supreme Court at the apex.
o COURT OF APPEALS
o REGIONAL TRIAL COURTS – sitting in
different provinces and cities
o METROPOLITAN TRIAL COURTS –
metropolitan areas
o MUNICIPAL TRIAL COURTS – in cities
not forming part of metropolitan
areas
o MUNICIPAL CIRCUIT TRIAL COURTS –
in areas defined as municipal circuit
course exercise jurisdiction over two
or more cities or municipalities.
 SPECIAL COURTS – a special anti-graft court,
the Sandiganbayan, forms parts of the
judicial hierarchy together with the COURT
OF TAX APPEALS – a special tax court created
by law.
 QUASI – JUDICIAL AGENCIES – administrative
bodies under the executive branch
performing quasi-judicial function, they are
involve in the settlement or adjustment of
controversies or disputes.
o NATIONAL LABOR RELATIONS
COMMISSIONS
 o SECURITIES AND EXCHANGE
COMMISSION
o LAND TRANSPORTATION
FRANCHISING AND REGULATORY
BOARD
o COMMISSION ON ELECTIONS
o COMMISSION ON AUDIT
o CIVIL SERVICE COMMISSION
CLASSIFICATIONS OF LAW
 AS TO ITS PURPOSE
o SUBSTANTIVE LAW – portion of the
body of law creating, defining and
regulating rights and duties either
public or private in character.
o ADJECTIVE LAW – body of law
prescribing the manner or procedure
by which rights may be enforced or
their violations redressed. Remedial
law or procedural law.
 AS TO ITS SUBJECT MATTER
o PUBLIC LAW – body of legal rules
which regulates the rights and duties
arising from the relationship of the
state to the people.
 CRIMINAL LAW – law which
defines crimes and provides
for their punishment
 INTERNATIONAL LAW –
governs the relations among
nations or state.
 CONSTITUTIONAL LAW –
governs the relations between
the state and its citizens,
establishes the fundamental
powers of the government.
 ADMINISTRATIVE LAW –
governs the methods by which
the function of administrative
authorities are to be
performed
 CRIMINAL PROCEDURE –
branch of private law which
governs the methods of trial
and punishment in criminal
cases.
o PRIVATE LAW – body of rules which
regulates the relations of individuals
with one another for purely private
ends.
 LAW ON OBLIGATIONS AND
CONTRACTS – deals with the
rights and obligations of the
contracting parties
 STATE – enforces private law
but simply as an arbiter
(judge) and not as a party.
 CIVIL LAW, COMMERCIAL AND
MERCANTILE LAW
 CIVIL PROCEDURE – branch of
private law which provides for
the means by which private
rights may be enforced.
LAW ON OBLIGATIONS AND CONTRACTS. Is 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.
CIVIL CODE OF THE PHILIPPINES
 Law on obligations and contracts is found in
REPUBLIC ACT NO. 386.
 CIVIL CODE OF THE PHILIPPINES – based
mainly on the CIVIL CODE OF SPAIN, took
effect in the Philippines on DECEMBER 7, 1889.
It was approved as REPUBLIC ACT NO. 386 on
JUNE 18, 1949 and took effect on AUGUST 30,
1950.
 It is divided into four books.
CIVIL CODE PROVISIONS ON OBLIGATIONS AND
CONTRACTS
 BOOK IV – deals with obligations and
contracts.
 The general provisions on obligations are
contained in TITLE I, ARTICLES 1156-1304.
 The provision on contracts are in TITLE II,
ARTICLES 1305-1422
 The general rules of law governing contracts
are also applicable to the particular kinds of
contracts (like sale, agency, partnership,
barter, etc)
 BOOK IV – also contains new provisions
dealing with natural obligations which are
found in TITLE III, ARTICLES 1423-1430.
CONCLUSIVE PRESUMPTION OF KNOWLEDGE OF
LAW
 CIVIL CODE ART. 3. Ignorance of law excuses
no one from compliance therewith.
 “Everyone, therefore, is conclusively
presumed to know the law.”
REASONS:
 If laws will not be binding until they are
actually known, then social life will be
impossible because laws cannot be enforced
due to their being unknown to many.
 It is impossible to prove the contrary when a
person claims ignorance of law.
 It is absurd to absolve those who do not know
the law and increase the obligations of those
who know it.
 We carry norms of right and wrong, and a
sense of duty so that our reason indicates
many times what we have to do in more
complicated juridical relations.
 “Evasion of the law would be facilitated and
the administration of justice would be
defeated if persons could successfully plead
ignorance of the law to escape legal
consequences of their acts. The rule,
therefore, dictated not only by expediency
but also by necessity.