BASIC CONCEPTS OF LAW
Elements of Law
1. Law is a rule of conduct-
Guides in relation to others
2. Law must be just
for stability of social order, to the end
the law may approach its supreme
ideal, which is the sway and dominance
of justice
3. Law must be obligatory
must be enforced for the purpose in
which it was created be served
4. Law must be prescribed by
legitimate authority
authority must be conferred by
sovereign will of the people so they will
follow
5. Law must be ordained for the
common benefit
applies to all and should be for the
welfare of everyone
Classification of Law Sources of Law Municipal Law vs International Law Article II, Section 2 of
1987 Constitution
NATURAL POSITIVE LEGISLATION MUNICIPAL LAW INTERNATIONAL LAW The Philippines renounces war as an
God made laws Human made laws laws passed by House of Congress, Senate and Presidential Decrees instrument of national policy, adopts
- the national, domestic, or internal law of a also known as public international law and law of nations, the generally accepted principles of
international law as part of the law of
a. Physical - 1. Divine PRECEDENT sovereign state defined in opposition to
[1] is the set of rules, norms, and standards generally accepted in the land and adheres to the policy of
universal law of a. Divine Positive - 10 commandments decisions or principles enunciated by a court of competent jurisdiction on a international law. relations between nations. peace, equality, justice, freedom,
b. Divine Human Positive - question of law do not only serve as guides but as authority to be followed by
action Commandments of Church all other courts of equal or inferior jurisdiction in all cases involving the same
cooperation, and amity with all
includes many levels of law: not only national law [2][3] It establishes normative guidelines and a common conceptual nations.
question until the same is overruled or reversed by a superior court.
but also state, provincial, territorial, regional, or framework to guide states across a broad range of domains, including
Article 8 of the new civil code " Judicial decisions applying, or interpreting the local law. war, diplomacy, trade, and human rights. International law allows for the
law or the Constitution shall form part of the legal system of the Philippines practice of stable, consistent, and organized international relations.[4]
Similarly, international law makes no distinction
b. Moral - what is 2. Public CUSTOM - only have the force of law when acknowledged and approved by The sources of international law include international custom (general
between the ordinary law of the state and its
society thru long and uninterrupted use state practice accepted as law), treaties, and general principles of law
right and wrong constitutional law. recognized by most national legal systems.
a. Constitutional - fundamental, defines
govt powers Requisites in the Philippines to consider custom:
Article 27 of the Vienna Convention on the Law of International law differs from state-based legal systems in that it is
b. Administrative - fixes organizations, ARTICLE 11. Customs which are contrary to law, public order or public policy Treaties from 1969 provides that if a treaty primarily—though not exclusively—applicable to countries, rather than to
determines competence of authorities, shall not be countenanced. (n) conflicts with a state's municipal law (including individuals, and operates largely through consent, since there is no
regulates method by which functions are the state's constitution), the state is still obliged universally accepted authority to enforce it upon sovereign states.
performed ARTICLE 12. A custom must be proved as a fact, according to the rules of to meet its obligations under the treaty. The only
evidence. (n) Consequently, states may choose to not abide by international law, and
exception is provided by Article 46 of the Vienna even to break a treaty.[5] However, such violations, particularly of
c. International - regulates community
Convention if a state's expression of consent to be customary international law and peremptory norms (jus cogens), can be
of nations repeated acts that must have been uniformly performed
bound by a treaty was a manifest violation of a met with coercive action, ranging from military intervention to
"rule of its internal law of fundamental
d. Private - creates duties, rights and judicial intention to make a rule of social conduct diplomatic and economic pressure.
importance".[1]
obligations and the means and methods of
setting courts in to motion must be acknowledged and approved by society thru long and uninterrupted The relationship and interaction between a national legal system
use https://en.wikipedia.org/wiki/Municipal_law (municipal law) and international law is complex and variable. National
d.1 Substantive Private Laws COURT DECISIONS law may become international law when treaties permit national
declares legal relations of litigants jurisdiction to supranational tribunals such as the European Court of
adherence to doctrine of stare decisis which means that when one case has Human Rights or the International Criminal Court. Treaties such as the
d.2 Procedural or Adjective Private been decided one way, another case which involves the same point of law or Geneva Conventions may require national law to conform to treaty
provisions. National laws or constitutions may also provide for the
means and methods of the courts in question should be decided in same manner. However erroneous decisions
motion should also be abandoned and must not be perpetuated implementation or integration of international legal obligations into
domestic law.