DEFINITION OF LAW
certain rewards and punishment in present life to
Law defined on its Most Generic Sense
Law may be defined in its most generic sense
as an ordinance of reason promulgated for the
common good by HIM who is in-charge.
Law as defined in the Widest/Comprehensive
term
The term “law” means any rule of action or any
system of uniformity.
Thus law in general determines not only the
activities of men as rational beings but also the
movement or motions of all objects of creation,
whether animate or inanimate
GENERAL DIVISIONS OF LAW
1. Law (in the strict legal sense) which is
promulgated and enforced by the STATE
Example: STATE LAW
2. Law (in the non-legal sense) which is not
promulgated by the State
Example Divine law, natural law, moral law
and physical law
State law, divine law, natural law and moral
law are comprised in the definition of law as
RULE OF ACTION. These laws apply to rational
beings only.
Physical law operates on all things including
men without regards to the latter’s use of will
power and intelligence. It is called law only in
figurative sense.
DIVINE LAW
This law refers to the law of religion and faith and
focuses with the concept of SIN.
- It is under the field of philosophical
theology
Law is promulgated by GOD and revealed to
mankind by means of direct revelation.
The sanction of divine law lies in the assurance of
come.
Example: Divine law under the Old Testament is
embodied in the Ten Commandments. To the
Mohammedans, divine law is embodied in the
Quran.
NATURAL LAW
Natural law may be defined as the divine
inspiration in man’s sense of justice, fairness and
righteousness not by divine revelation but by
man’s internal dictates of reason alone.
There is in every man a basic understanding of
right and wrong based on an understanding of the
fundamental standard or criterion of good and
evil.
There are some acts or conduct which man
knows in his heart and his conscience not by
theorizing by dictates of his moral nature are
simply good or bad or evil.
Natural is impressed in man as the core of his
higher self at the very moment of being or
perhaps even before that, It is regarded as the
reasonable basis of STATE LAW and belongs to
the field of ​METAPHYSICS​.
MORAL LAW
Moral law represents the totality of the norms of
good and right conduct growing out of the
collective sense of right and wrong of every
community.
The mores or ways of life were then evolved
which were always considered right and correct
and obedience to them may be
demanded by the group.
Moral law has no definite legal sanction. If a
member of the community disregards the moral
norms, a spontaneous social reaction is produced
in the form of public displeasure, contempt or
even indignation. Moral law is not absolute as it
varies with the changing times.
Moral law, to a great extent, influences or shapes
STATE LAW and under the field of ​ETHICS.
PHYSICAL LAW
● A physical law or scientific law is "a
theoretical ​principle ​is "a theoretical
principle deduced from particular facts,
applicable to a defined group or class of
phenomena​, and expressible by the
statement that a particular phenomenon
always occurs if certain conditions are
present.
● A property of a physical phenomenon, or a
relationship between the various
quantities or qualities which may be used
to describe the phenomenon, that applies
to all members of a broad class of such
phenomena, without exception.
Over the years, one thing scientists have
discovered is that nature is generally more
complex than we give it credit for. The following
laws of physics are considered fundamental, but
many of them refer to idealized, closed systems,
which are hard to obtain in the real world. Also,
some are altered slightly in different
circumstances. The laws that Newton developed,
for example, are modified by the findings of the
theory of relativity​, but they are still basically
valid in most regular cases that you'll run into.
Other examples ​Newton's Three Laws of
Motion Law" of Gravity:
CONCEPTS OF LAW
● Considered as a cause “derecho” is the
abstract science of law;
● Considered as an “effect”, it is the given.
● “Ley” is a specific law.
Example : A student of law (derecho) studies
specific laws (leyes).
STATE LAW
● State law means law that is promulgated
by the State
Other terms used ​POSITIVE LAW or HUMAN
POSITIVE LAW, MUNICIPAL LAW, CIVIL LAW
OR IMPERATIVE LAW
● As a rule of action, only the state can
enforce it.
STATE LAW IN ITS GENERAL SENSE
State law is defined by the late Senator Arturo
Tolentino (Also a civil law expert of the
Philippines) as the mass of obligatory rules
established for the purpose of governing the
relations of persons in the society.
Examples of use of law in these sense: rule
of law and not of men; equality before the law
STATE LAW IN ITS SPECIFIC SENSE
State law in specific sense has been defined as a
rule of conduct, just, obligatory, promulgated by
legitimate authority and of common observance
and benefits. (Sanchez Roman)
State law or human positive law is a reasonable
rule of action, expressly or indirectly promulgated
by proper human authority for the common good
and usually but not necessarily imposing a
sanction in case of disobedience.
Elements/Characteristics of State Law
A. It is a rule of conduct – comprising of
reasonable rules of action
B. It is obligatory – there must be positive
command imposing it as a duty. Usually
but not necessarily carries with it
sanctions to ensure obedience and
compliance.
C. It is promulgated by legitimate authority.
Meaning the persons promulgating the law
have the power to bind. While competency
is ideally expected from person
promulgating the law, this is not strictly the
requirement for validity and enforceability
of the law.
D. It is of common observance or benefit – It
is one intended to serve man. It regulates
relations of men to maintain harmony in
the society.
NECESSITY AND FUNCTION OF LAW
Functions:
Law
● secures justice
● resolves conflict
● orders society
● protects interest
● controls social relations
IN OTHER WORDS, NO SOCIETY CAN LAST
AND CONTINUE WITHOUT MEANS OF SOCIAL
CONTROL, WITHOUT RULES ON SOCIAL
ORDER BINDING ON ITS MEMBERS
SOURCES OF LAW IN THE PHILIPPINES
1. Constitution​– the fundamental law of the
law being deemed to be promulgated by
the people themselves. All other
legislations of the country must be in
consonance with the Constitution. Present
Constitution is the 1987 Philippine
Constitution
Define Constitution: 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 ( Malcolm and Laurel,
Philippine Constitutional law)
2. Legislation​– the legislative department of
the Philippine is the CONGRESS
comprising the house of senate and the
house of representatives. The laws
passed by Congress are known as
statutes or laws.
Those laws passed by legislative bodies of the
local government units such as Sangguniang
Panlalawigan, Sangguniang Panglusod are
known as “ordinances”
3. Administrative or executive orders,
regulations and rulings
Law making power – legislative exercise
Rule making power – administrative exercise.
If laws are passed by Congress, the executive
body is mandated to enforce these laws. To guide
the executive body in enforcement of these laws,
the executive is duly empowered to pass rules
and regulations governing the implementation
of these laws. This is an exercise of its rule
making power.
Rules and regulations passed by the executive
body are intended to clarify or explain the law and
carry into effect its general provision. They must
not be contrary to laws and the Constitution.
4. Judicial decisions or jurisprudence
SUPREME COURT​– it is the highest court of the
law and is empowered to interpret the laws of the
land.
Jurisprudence​refers to decisions of the
Supreme Court on a particular case which are
binding to all lower courts, meaning it must be
made as guidance and applicable in rendering
decisions on cases of similar facts and
circumstances to ensure uniformity in
interpretation of the law. Decisions of the
Supreme Court on a particular issue is part of the
legal system of the country. Decision of SC being
binding to all lower courts is based on the
doctrine of ​PRECEDENT​or S ​ TARE DECISIS.
Decision of the lower court binds only the parties
of the case and not binding upon other courts
rendering similar facts or circumstances. What is
binding to lower courts would be the
jurisprudence of the SC.
Be it noted that rulings of the SC is proactive and
dynamic. Meaning SC may reverse or modify its
previous rulings and for this reason, judges and
lawyers must be abreast of the changing
character of the law and jurisprudence from time
to time.
5. Customs​- 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
law when recognized and enforced by law.
A custom must be proved as fact according to the
rules of evidence. (Art. 12, Civil Code) ORGANIZATION OF COURT: JUDICIARY
BRANCH
6. Other sources​–
● Principles of justice and equity
● Decisions of foreign tribunals
● Opinions of text writers and religion.

They are however only supplementary, that is,

they are resorted to by the courts in the absence
of all the other sources. They are, however, not
binding on the courts.

RULES IN INTERPRETATION

Our Civil Code provides that “no judge or court

shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the
Laws.” (Art. 9, Civil Code)

“In case of the doubt in the interpretation or

application of laws, it is presumed that the law
making body intended right and justice to
Prevail.” (Art. 10)

In our country, courts are not only courts of law

but also of justice.

ORGAN OF SOCIAL LAW

Law is not an end in itself.​It may be viewed as

a means of ​SOCIAL CONTROL​- the control of
social behaviour that affects others.
ORGANIZATION OF COURTS
JURISDICTION OF THE METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL
COURTS/MUNICIPAL CIRCUIT TRIAL COURT​
S

Civil
(1) Exclusive (EOJ)

● Actions involving personal property valued

at not more than ​300K/400K
● Actions demanding sum of money not
exceeding ​300K/400K
● Includes admiralty & maritime cases

● Probate proceedings where gross value of

estate does not exceed 3​00K/400K
● Actions involving title/possession of real
property where assessed value does not
exceed ​20K/50K
● Provisional remedies in principal actions
within their jurisdiction

Summary Procedure
● Forcible entry and unlawful detainer
● Irrespective of amount of damages or
unpaid rentals sought to be recovered
● Other cases where total of the claim does
not exceed ​100K/200K
● Inclusion and exclusion of voters
(2) Delegated
● Cadastral and land registration cases
● No controversy or opposition, and
● Contested lots valued at more than ​100K
(3) Special
● Petition for Habeas Corpus
● In the absence of all RTC judges
B. Criminal
(1) Exclusive
Summary Procedure
● Violations of traffic laws, rules and
regulations
● Violations of rental law
● Violations of city/municipal ordinances
committed w/in territorial jurisdiction
● Offenses punishable with imprisonment of
not more than 6 months, or a fine not
exceeding 1K, or both
● Regardless of other impossible accessory
or other penalties and civil liability arising
therefrom
● Offenses involving damage to property
through criminal negligence where
imposable fine does not exceed 10K
Offenses punishable with imprisonment of not
more than 6 year​s
● Irrespective of fine
● Regardless of other impossible accessory
JURISDICTION OF THE REGIONAL TRIAL
COURTS
CIVIL
1) Exclusive
● Other cases where demand or value of
property in controversy exceeds
300K/400K
● Actions in admiralty & maritime jurisdiction
where
● demand/claim exceeds 300K/400K
● Probate proceedings where gross value of
estate exceeds 300K/400K
● Actions involving title/possession of real
property where assessed value exceeds
20K/50K
● Actions not capable of pecuniary
estimation
● Cases not falling within EJ of any court,
tribunal, person or body exercising judicial
or quasi-judicial functions
Under Securities & Regulation Code
● Devices or schemes employed by the
board of directors, business associates, its
officers or partnership, amounting to fraud
or misrepresentation
● Controversies arising out of
intra-corporate partnership relations
● Controversies in the election or
appointment of directors, trustees, officers,
or managers of such corporation,
partnership or association
● Petition to be declared in a state of
suspension of payments
● Application for issuance of writ of search
and seizure in civil actions for infringement
of intellectual property
● Violations of Anti-Money Laundering Act
B.Criminal
(1) Exclusive
● Not within the EJ of any court, tribunal, or
body
● Offenses punishable with imprisonment of
more than 6 years irrespective of fine
● Offenses not falling within EOJ of
Sandiganbayan
None of the accused is occupying a
position corresponding to salary grade
“27” and higher
● Only penalty provided by law is a fine
exceeding 4K
 ● Jurisdiction to impose the maximum and
most serious penalty imposable for an ● administrative law
offense forming part of the complex crime ● constitutional law
● criminal law
● International law
JURISDICTION OF THE COURT OF APPEALS
Private law
A. Exclusive
- CIVIL LAW (law on Obligations and
(1) Annulment of judgments of RTC Contracts,
(2) Petitions under Rule 65 involving an act or Property etc)
omission of a quasi-judicial agency - COMMERCIAL OR MERCANTILE LAW
- CIVIL PROCEDURE
JURISDICTION OF SUPREME COURT
Classification of the law: criminal law and civil
A. Exclusive law

Petitions under Rule 65 (Rules on Appeal) criminal law

against: - generally aims to punish

● CA civil law
● COMELEC - generally aims to compensate
● COA
● Sandiganbayan
● CTA en banc Classification of Law: According to FORCE or
● Ombudsman in criminal and EFFEC​T
non-administrative disciplinary cases
Mandatory ( absolute, imperative) and/or
CLASSIFICATION OF LAW Prohibitive laws – those which have to be
complied with, because they are expressive of
As to purpose public policy; disobedience is punished either by
direct penalties or by considering an act or
Substantive law – creates and defines rights and contract void.
duties either public or private in character
Permissive (or suppletory) laws – those which
Adjective (procedural) law – prescribes the may be deviated from, if the individual so desires.
manner or procedure by which rights or duties ( In the case of “hidden treasure” the finder gets
are enforced. 50% and the owner of land on which it is found
gets 50% (See 438) However by agreement the
Classification of the law: public law proportion can be changed.
and private law
Civil law in the Philippines
Public law
regulates the interaction of citizens with the state - Most of our civil laws are found and
(e.g. criminal law, constitutional law,administrative codified in the Civil Code of the
law) Philippines (REPUBLIC ACT NO. 386)
which took effect on August 30, 1950.
Private law
regulates the relationship between individuals - The civil code contains 2270 articles.
within a state (e.g. Obligations and contracts law,
tort law, property law) - Prior to the R.A. No. 386, the civil laws in
the Philippines were based on the Old
Public law Civil Code of Spain of 1889

Meaning of Civil Law – It is that branch of law that
treats the personal and family relations of an
individual, his property and successional rights
and the effects of his obligations and contracts.
- The word civil is derived from the Latin
term “civiles” a citizen as distinguished
from a savage or barbarian.
While most of our laws are found in the Civil Code
still the Civil Code is not the only place where we
can find our civil laws. The Civil Code is a
compilation of existing civil laws, scientifically
arranged into books, titles, chapters and
sub-heads and promulgated by the legislative
authority. From time to time, legislations are
added, modifying, amending or abandoning
previous civil law(s).
BOOKS OF THE CIVIL CODE OF
THE PHILIPPINES
Book I​ – Persons ( as amended by the Family
Code of the Philippines E.O No, 209)
Book II​ – Property, Ownership and Its
Modification
Book III​- Different Mode of Acquiring Ownership
Book IV​ – Obligations and Contracts
new FRIA law (Financial Rehabilitation and
Insolvency Act)
Law on Obligations and Contracts:
It is the body of rules which deals with the nature
and sources of obligations and rights and duties
arising from agreements and particular contracts.
APPLICABILITY OF LAW
Ignorantia juris non excusat or ignorantia legis
neminem excusat (Latin (Latin for "ignorance
(Latin for "ignorance of the law does not excuse"
or "ignorance of the law excuses no one")
It is a legal principle holding that a person who is
unaware of a law may not escape liability for
violating that law merely because he or she was
unaware of its content.
Under the Philippine laws, there is conclusive
presumption that everyone knows the law. This is
to give effect to the so called “FORCE OF LAW”.

Other Parts

1. Preliminary Title
2. Human Relations
3. Transitional Provisions
4. Repealing Clause

LAW ON OBLIGATIONS AND CONTRACTS

This law is found in Book IV of Republic Act No.

386 or the New Civil Code of the Philippines.

ARTICLES 1156 TO 1304 – Law on Obligations

(149 articles)

ARTICLES 1305 TO 1422 – Law on Contracts

(118 articles)

ARTICLES 1423-1430 - Natural Obligations (8

articles)

Total of 275 articles to be taken up excluding law

on damages ( 41 articles -Arts. 2195 to 2235) and