INTRODUCTION TO LAW THE GENERAL NATURE OF LAW Meaning of law in general. In its widest and most comprehensive sense, the term Taw) 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 movements or motions of all objects of creation, whether animate or inanimate. General divisions of law. . Law, as above defined, may be divided into two (2) general groups: . \ (1) Law (in the strict legal sense) which is promulgated and enforced by the state; and \ (2) Law (in the non-legal sense) which is not promulgated and enforced by the state. The first refers to what is known as the state law while the second includes divine law, natural law, moral law, and physical law. (see MJ. Gamboa, Introduction to Philippine Law, 6th ed., p. 3.) . Subjects of law. State law, divirie law, natural law, and moral law are comprised in the definition of law as a rule of action. They apply to men as rational beings only. On the other hand, physical law operates on all things, including men, without regard to the latter’s use of their will power and intelligence. It is called law only figuratively speaking. Scanned with CamScannerBefore proceeding with the discussion of state first dispose of those laws with which the state is concerned. : law, let us not directly Divine 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 the Old Testament, divine law is embodied in the Ten Commandments. It is believed by Christians that these laws were formally given by God through Moses, the great Hebrew prophet and leader. (see C. Pascual, Legal Method, 2nd ed., pp. 7-8.) (b) Of course, divine law differs according to what one believes to have been established .and communicated to mankind by revelation. Thus, to the Mohammedans, divine law is embodied in the Muslim Quoran. (2) Sanction. — The sanction of divine law lies in the assurance of certain rewards and punishments in the present life or in the life to come. (Clark, Elementary Law, p. 5.) Natural law. Natural law may then be defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal 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 in every man a basic understanding of right and wrong based on an understanding of the fundamental standard or criterion of good and evil. In other words, there are some acts or conduct which man knows in his heart and his conscience, not by theo ne but by the dictates of his moral nature, are simply good or bad or evil. Scanned with CamScannerThus, we know that killing for the sake of killing or stealing for the sake of stealing is bad or evil because it is contrary to what we believe is just, fair or righteous. When we speak of this inward instinct of justice, fairness and righteousness in man as divinely inspired by the dictates of his higher nature, we are talking about natural law or the law of nature. (see C. Pascual, The Nature and Elements of the Law, 1954 ed., pp. 9-10.) (2) Compared to divine law. — While natural law and divine law are very similar, they are not, however, the same. Divine law, as the law of religious faith, is made known to man by means of direct revelation. On the other hand, natural law is said to be impressed in man as the core of his higher self at the very moment of being or, perhaps, even before that. (see C. Pascual, Legal Method, 2nd ed., p. 111.) _ (3) Place in state law. — Natural law has been regarded as the reasonable basis of state law. Moral law. When we talk of moral law, we are’speaking of 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. — “At a comparatively early stage of their existence human beings learned that it was good for the welfare of the group that the privilege to determine what is right and what is wrong was not left to each member of the group. The mores or ways of life were then evolved which were always considered right and correct, and obedience to them was demanded by the group.” (2) Sanction. — As distinguished from state law, there is no definite legal sanction (punishment imposed by law like imprisonment and/or payment of fines or damages) for violation of purely moral law. “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. If, on the other hand, there is conformity to the moral norms, there is created spontaneous social response which may be in the form Scanned with CamScannerof public pleasure, approval or even joy.” (see C. Pascual, The Nature and Elements of Law, 1954 ed., p. 16.) (3) Binding force. — Moral law is not absolute. It varies with the changing times, conditions or convictions of the people, For example, polygamy is considered immoral (it is also a crime) in the Philippines, whereas, it is allowed in some Parts of the world. Today’s fashions in women’s dress are socially allowed but at different times, they would have been morally condemned, (4) Place in state law. — Moral law, to a great extent, influences or shapes state 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.” (Ibid., p. 19.) _ (1) Order or regularity in nature. — A law of physical science, being addressed to objects which have no power to disobey, is in reality nothing more than an order or regularity in nature by which certain results follow certain causes. (Clark, Elementary Law, p. 34.) (2) Called law only by analogy. — In other words, this order or regularity is called law only by analogy. “Examples of physical law are many. The more conspicuous onés are the law of gravitation and the law of chemical combination.” (see C. Pascual, Legal Method, 2nd ed., p. 13.) State law. The kind of law, however, which particularly concerns’us in this work is the state law or the law that is promulgated and enforced by the state. (1) Other terms used. — This law is also called positive law, municipal law, civil law, or imperative law. It is the law that “ refer to when we speak of law in connection with obligations an: f contracts, marriage, the administration of justice, the conduct of elections, and the entire governmental process itself. Scanned with CamScannerINTRODUCTION TO LAW 5 (2) Binding force. — As a rule of action, only state law is enforced by the state, with the aid of its physical force, if necessary. (3) Concern of state law. — The fields of state law are dif- ferent from those of divine law, natural law, and moral law. State law does not concern itself with violations of the latter rules of action unless they also constitute violations of its com- mands. A full examination of divine law properly belongs to the fields of philosophical theology; of natural law, to metaphysics; of moral law, to ethics; and of physical law, to physical science or physics. (M.J. Gamboa, op. cit., p. 5.) Leaving aside these topics, we proceed now with the consideration of state law. ‘Concepts of (state) law. The term law may be understood in two (2) concepts: in the general or abstract sense, and in the specific or material sense. (1) In its general sense, the term refers to all the laws taken together. It may be defined as “the mass of obligatory rules established for the purpose of governing the relations of persons in society.” (see A. Tolentino, Civil Code of the Philippines, 1953 ed., Vol. 1, p. 1.) Examples of the use of law in this sense are: “law of the land,” “rule of law and not of men,” “equality before the law,” “enforcement of the law,” etc. (2) Inits specific sense, the term has been defined as “a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.” (I Sanchez Roman 3.) It has this second connotation when we refer to a particular statute or legal rule, e.g., the law on obligations and contracts. Characteristics of law. The characteristics of law (in its specific sense) are: (1) It isa rule of conduct. — Law tells us what shall be done and what shall not be done. As a rule of human conduct, law takes cognizance of external acts only; Scanned with CamScanner(2) It is obligatory. — Law is considered a positive com. mand imposing a duty to obey and involving a sanction which forces obedience; : (3) It is promulgated by legitimate authority. — In a democratic country, like the Philippines, the legitimate or competent authority is the legislature. Under the Constitution, laws called “statutes” are enacted by Congress which is the name of the legislative branch of our government; local government units are also empowered to enact ordinances which have the binding force of laws; and (4) It is of common observance and benefit. — Law is intended by man to serve man. It regulates the relations of men to maintain harmony in society and to make order and co-existence possible. Law must, therefore, be observed by all for the benefit of all. Necessity and functions of law. (1) What would life be without law? If we can answer this question, we can answer the more basic question of whether law is necessary. If life without law would be the same as it is now, obviously law is not necessary. 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. (see F. Pollack, A First Book on Jurisprudence, 5th ed., p. 6.) (2) What does law do? It has been said that 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, Jess wholesome, etc. (see Howard and Summers, Law, Its Functions, and Its Limits, 1965 ed., pp. 35-37.) (3) What is our duty as members of society? No society ah last and continue without means of social control, withou Scanned with CamScannerINTRODUCTION TO LAW 7 rules of social order binding on its members. The sum of such rules as existing in a given society, under whatever particular forms, is what, in common speech, we understand by law or is also referred to as the legal system. Since we find law necessary, every citizen should have some understanding of law and observe it for the common good. Sources of law. The principal sources of law in the Philippines are the Constitution, legislation, administrative tules and regulations, judicial decisions, and customs. (1) Constitution. — With particular reference to the Consti- tution of the Philippines, it may be defined as “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.” (see Malcolm & Laurel, Phil. Constitutional Law, 1936 ed., p. 6.) It is often referred to asthe furidamental 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. It is the law to which all other laws enacted by the legislature (as well as administrative or executive acts, orders and regulations having the force of law) must conform. This means that laws which are declared’ by the courts to be inconsistent with the.Constitution shall be_void and the latter, shall govern. (see Art. 7, Civil Code.) (2) Legislation. — It consists in the declaration of legal rules by a competent authority. (Salmond, Jurisprudence, 9th ed., p. 209.) It is the preponderant source of law in the Philippines. Acts passed by the legislature are so-called enacted law or statute law. Legislation includes ordinances enacted by local governments units. (3) Administrative or executive orders, regulations, and rulings. — They are those issued by administrative officials under legislative authority. Administrative rules and regulations Scanned with CamScannerare intended to clarify or explain the law and carry into effect its _ Seneral provisions. Administrative acts are valid only when they aon contrary to the laws and the Constitution. (Art. 7, Civil ‘ode. (4) 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. (Art. 8, Ibid.) The decisions of a superior court on a point of law are binding on all subordinate courts. This is called the doctrine of precedent or stare decisis. The Supreme Court, however, may reverse or modify any of its previous rulings. Until then, the decisions of the Supreme Court applying or interpreting the laws or the Constitution are “laws” by their own right because they declare what the laws say or mean. Unlike rulings of the lower courts, which bind the parties to specific cases alone, its judgments are applied to all. (Phil. Veterans Affairs Office vs. Segundo, 164 SCRA 365.) (5) 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 law when recognized and enforced by the state. (MJ. Gamboa, op. cit. p. 15.) For instance, in a contract for services rendered where no definite compensation is _ stipulated, the compensation to be paid may be ascertained from customs and usages of the place. (see Smith vs. Lopez, 5 Phil. 78.) A custom ‘must be proved as a fact according to the rules of evidence. (infra.) (Art. 12, Civil Code.) It may be applied by the courts in the absence of law or statute exactly applicable to the point in controversy. But customs which are contrary to law, public order or public policy are not countenanced. (Art. 11, Ibid.) (6) Other sources. — To the above may be added principles of justice and equity, decisions of foreign tribunals, opinions of textwriters, 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. (Ibid., pp. 11, 14.) Scanned with CamScannerINTRODUCTION TO LAW 9 Rule in case of doubt in interpretation or application of laws. 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 doubt in the interpretation or application of laws, it is presumed that the ee body intended right and justice to prevail.” (Art. 10, Ibid. : In our country, courts are not only courts of law but also of justice. Faced with a choice between a decision that will serve justice and another that will deny it because of a too strict interpretation of the law, courts must resolve in favor of the former, for the ultimate end of the law is justice. (Pangan vs. Court of Appeals, 166 SCRA 375.) This is particularly true where what is at stake is the life, liberty, or property of an individual, and more so if he is poor or disadvantaged. . 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.) In modern pluralistic societies, there are many organs of social control. For instance, in the Philippines, in addition to legal institutions — national and local — there are churches, corporations, political parties, trade associations, schools, labor unions, professional organizations, social clubs, families, and host of others. Such organizations, through rules, regulations and orders, control some of the behavior of their members. Law compared with other means of social control. There are several basic differences between social control through law and control through other methods, to wit: (1) Laws are made and administered by the only institutions in society authorized to act in behalf of the entire citizenry. Churches, for example, act only for their members; Scanned with CamScanner(2) Only the legal institutions within the society can make rules, regulations and orders with which the entire citizenry must comply. The rules, etc., of social and economic organizations, for example, govern only limited numbers; (3) People associated with an organization can ordinarily terminate their relationship and thereby free themselves from the impact of its tules and regulations. Citizens of a state, however, cannot do this unless they choose to leave the geographical area in which the state is sovereign; (4) The sanctions or techniques of control through law are more varied and complex than the techniques available to organizations such as churches, labor unions, and political parties. Expulsion is usually the most powerful technique available to such organizations to secure compliance with their rules, etc. For the employee, it is the loss of his job. Aside from imprisonment and deportation, there are many other sanctions available to the law, including denial or revocation of license, confiscation of property, imposition of civil liability for certain kind of conduct, dissolution of organizations, and denial of privileges. A sanction is remedial if the object is the indemnification of the person who has suffered damages or injury from a violation of law, and penal if the object is the punishment of the violator; and (5) Before the law “operates” against an individual, various procedural steps are required. Thus, the individual must ordinarily be given a hearing and a fair opportunity to show why he should not, for example, be ordered to pay money to a claimant, or be deprived of his liberty. Such steps are commonly referred to as “due process” of law. Organs of social control other than those provided by law are generally not required to comply with such procedures in acting against individuals except when their rules provide therefor. (Ibid., pp. 43-44.) Organization of courts. Under the Constitution, the judicial power or the power to decide actual cases and controversies involving the interpretation Scanned with CamScannerINTRODUCTION TO LAW n and application of laws, is “vested in one Supreme Court and in such lower courts as may be established by laws.” (Art. VIII, Sec. 1 thereof.) The judiciary, composed of the courts, is one of the three (3) main divisions of power in our system of government. (1) Regular courts. — The Philippine judicial system consists of a hierarchy of courts resembling a pyramid with the Supreme Court at the apex. Under present legislation, the other courts are: (a) one Court of Appeals, (b) Regional Trial Courts sitting in the different provinces and cities, and (c) Metropolitan Trial Courts in Metropolitan areas established by law; Municipal Trial Courts in cities not forming part of a metropolitan area, and in municipalities; and Municipal Circuit Trial Courts in areas defined as municipal circuits. Circuit courts exercise jurisdiction over two (2) or more cities and / or municipalities. The Supreme Court, the Court of Appeals, and the Regional Trial Courts are considered courts of general or superior jurisdiction. (2) . Special courts. — Aside from these courts, there is, under the Constitution, a special anti- liganbayan. (Art. XI, Sec. 4 thereof.) It forms part of the judicial hierarchy together with the Court of Tax Appeals, a special tax court created by law, on the same level as the Court of Appeals. (3) Quasi-judicial agencies. — Administrative bodies under the executive branch performing quasi-judicial functions, like the National Labor Relations Commission, the Securities and Exchange Commission, Land Transportation Franchising and Regulatory Board, Insurance Commission, etc., and the independent Constitutional Commissions (Civil Service Commission, Commission on Elections and Commission on Audit) do not form part of the integrated judicial system. Their functions are described as “quasi-judicial” because they also involve the settlement or adjudication of controversies or disputes. Scanned with CamScannerClassifications of law. The methods for classifying law are many. For our pur- poses, it would be best to consider the main classifications of law, first, as to its purpose, and second, as to its nature. (1) As to its purpose: (a) Substantive law or that portion of the body of law creating, defining, and regulating rights and duties which may either be public or-private in character. An example of substantive ‘private law is the law on obligations and contracts; and (b) 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. The provision of law which says that actions for the recovery of real property shall be filed with the Regional Trial Court of the region where the property or any part thereof lies, is an example of private adjective law. Rights and duties are useless unless they can be . It is not enough, therefore, that the state regulates the rights an: duties of all who are subject to the law; it must also provide legal remedies by which substantive law may be administered. Hence, the need for adjective law. The adjective law in the Philippines is governed by the Rules of Court promulgated by the Supreme Court and by special laws. (2) As to its subject matter: (a) Public law or the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people: An example of public law is criminal law, the law which defines crimes and provides for their punishment. In legal theory, when a person commits a crime, he violates not only the right of the individual victim but primarily that of the oe because the crime disturbs the peace and order of the state, Scanned with CamScannerINTRODUCTION TO LAW 13 Also included are: international law or that law which governs the relations among nations or states; constitu tional 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; and criminal procedure or that branch of private law which governs the methods of trial and punishment in criminal cases; and (b) 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. The state, however, is also involved in private law; it enforces private law but simply as an arbiter and not as a party. (see M.J. Gamboa, op. cit., p. 98.) Included in private law are civil law, commercial or mercantile law, and civil procedure. Civil procedure is that branch of private law which provides for the means by which private rights may be enforced. Law on obligations and contracts defined. “The law of 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.” (Ibid.; see Art. 1307.) , Civil Code of the Philippines. The law on obligations and contracts is found-in Republic ActNQ386, otherwise known as the Civil Code of the Philippines. When we speak of civil law, we refer to the Iaw found primarily in our Civil Code. : The Civil Code of the Philippines is based mainly on the Civil Code of Spain which took effect in the Philippines on Scanned with CamScannerDecember 7, 1889. (Mijares vs. Neri, 3 Phil. 196.) It was approved as Republic Act No. 386 on June 18, 1949 and took effect on August 30, 1950. (Lara vs. Del Rosario, 94 Phil. 778.) It is divided into four (4) books. Civil Code provisions on obligations and contracts. Book IV of the Civil Code deals with obligations and contracts. The general provisions on obligations are contained in Title I, Articles 1156-1304, while those on contracts, 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.) in addition to the special provisions of law governing each type of contract. 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. Ignorance of law excuses no one from compliance therewith. (Art. 3, Civil Code.) “Everyone, therefore, is conclusively presumed to know the law.” This presumption is far from reality but it has been established because of the obligatory force of law. ” The following reasons have been advanced for this 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 @ 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;-and (4) In our conscience, we carry norms of right and gaa and a sense of duty, so that our reason indicates many times wv Scanned with CamScannerINTRODUCTION TO LAW we have to do and in more complicated juridical relations, there are lawyers who should be consulted (A. Tolentino, op. cit., pp- 18-19.); and (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 to escape the legal consequences of their acts, or to excuse non-performance of their legal duties. The rule, therefore, is dictated not only by expediency but also by necessity.” (Ibid., p. 7; Zulueta vs. Zulueta, 1 Phil. 254.) Thus, ignorance of the provisions of the law imposing a penalty for illegal possession of firearms, or punishing the possession of prohibited drugs, does not constitute a valid excuse for their violation. —o00— Scanned with CamScanner