MODULE 1: Introduction, meaning, origin and sources of law

MODULE 1

Introduction, The Meaning,

origin and sources of law

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 MODULE 1: Introduction, meaning, origin and sources of law

INTRODUCTION

The study of law is not only the concern of lawyers but of everyone. For

without it, there will be no norms of conduct that would govern the relationship

between and among men, and between men and government. Law tells us our

rights, duties and obligations as member of a society. Knowledge of the law

will forewarn us on whether or not our course of action conforms to it or not;

thus avoiding its legal consequences. Imperatively, law is coterminous with any

civil society. Without it, there will be disturbance and chaos.

In this course we will study first law from a broad sense (such as

meaning of law, objectives of law, origin and sources, kinds of law, law on

patents, trademarks, tradenames and copyright) going to specific law related to

civil engineering profession (such as the RA 544 or the civil engineering law

(1950), the RA 1582 or the amendments of RA 544 (1956), the PD 1096 or

known as the National Building Code of the Philippines (1977) and the conflict

in the practice of civil engineers and architects in the Philippines, the RA 9184

known as Government Procurement Law and its implementing Rules and

Regulations. The liability of a designer and contractor for public safety, the

legal procedures in establishing a construction firm including needed

documents in securing a building permit will be discussed also on the later part

of this course.
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 MODULE 1: Introduction, meaning, origin and sources of law

MEANING OF LAW

Law consists of the entire body of principles that govern the conduct and

the observance of which can be enforced in courts. In other words, law is a

collection of the rules of conduct promulgated by congress where the so called

legal sovereignty is vested.

OBJECTIVES OF THE LAW

Why the law has been enacted, is a question that deserves a specific

answer. Of course, there is a philosophy behind any law being enacted. The

following objectives are discussed in capsule form to provide a student at least

a bird’s eye view of different reasons for the enactment of a law.

a) Protection of the state – Laws which designed to protect the sovereignty

of the State are provided not only in the Revised Penal code but also in

the other special laws. Crimes against national security such as rebellion

and terrorism are some examples of this objective.

b) Protection of public Health, Safety and Morals – Under the police power

of the state, laws may be enacted to promote the welfare of the people.

The law requiring motor vehicles to be equipped with needed headlights,

tail light, side mirror and the like are purposely to prevent accident is one

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 MODULE 1: Introduction, meaning, origin and sources of law

example of this law. The new Bayanihan Act to Heal as One to fight

Covid 19 is another example of this law.

c) Protection of one’s self – Laws are enacted to protect the life and safety

of an individual. Thus, a person treacherously attacked by another

resulting in the death of the former can be charged for the crime of

murder.

d) Protection of Property – Institution of property is one of the rights

enshrined and safeguarded by the Constitution. Thus private property

cannot be taken for public use without just compensation and permission

from the owner. Note that even the state cannot abuse its power to

invade property rights. The charge of trespassing and carnapping are

examples of this objective.

e) Protection of the right of personal action – Examples of these are

“freedom of speech and of the press” and “freedom of religion”. These

are specifically guaranteed under Article IV of the New Philippine

Constitution.

f) Protection of the right to use of property – There are laws to insure one’s

right of use of property. A law punishing trespassing, and anti-squatting

law are concrete examples. An owner of an apartment cannot go inside

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 MODULE 1: Introduction, meaning, origin and sources of law

his own property without the permission of its tenant because the right to

use belongs not to the owner but to the tenant in this case.

ORIGIN OF PHILIPPINE LAW

Ancient law of the Philippines can be traced from the Sumakwel and

Kalantiao’s Codes. Provisions of these codes can still be found in modern

laws, particularly in the Civil Code and in the Penal code of the Philippines

such as family relations, property rights, loans, contracts, criminal offenses.

Spanish influence could also be found in our laws. The Philippine Civil

and Penal Codes were actually patterned after “Codigo Civil and Codigo Penal

of Spain. Note that in case of conflict the provisions of the Spanish Codes

prevail.

The Americans also introduced their share in the development of the

Philippine Legal System. Significant contributions such as constitutional law,

business laws and procedural laws form part of the present legal system. In

fact, the 1935 Philippine constitution was patterned after the Americans

Constitution.

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 MODULE 1: Introduction, meaning, origin and sources of law

SOURCES OF LAW

The primary sources of law include

1) Constitution

2) Legislations

3) Executive orders

4) Ordinances

5) Department Orders

6) Implementing Rules and Regulations (IRR)

7) Precedents

8) Customs and usage

9) Principles of equity and justice

1) Constitution – derives from Latin word “constituto” which means fixed or

settled. As defined by Judge Cooley “Constitution is a body of rules and

maxims in accordance with which the power of sovereignty are habitually

exercised”. With particular reference to the Philippines, it is “a 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 body politic.” It is often referred to as

“fundamental law or highest law” of the land. This is so, for all laws to be
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 MODULE 1: Introduction, meaning, origin and sources of law

enacted should conform to it. Otherwise, these laws would be

unconstitutional; hence null and void.

2) Legislation – is the one that is laid down, established, or ordained by

the law making authority of the state and must be obeyed and follow by

citizens, subject for sanctions or legal consequences. It is a rule or

method in which defines the relationship of people among themselves or

between the people and government. Law making is an exercise of legal

sovereignty and vested in Congress.

3) Executive Orders - (Filipino: Kautusang tagapagpaganap), according

to Book III, Title I, Chapter II, Section 2 of Administrative Code of 1987,

refer to the "Acts of the President providing for rules of a general or

permanent character in implementation or execution of constitutional or

statutory powers." With an executive order, the president instructs the

government how to work within the parameters already set by Congress

and the Constitution. In effect, this allows the president to push through

policy changes without going through Congress .

4) Ordinance - An ordinance is a law passed by a city or a municipal

government. ... Many ordinances deal with maintaining public safety,

health, morals, and General Welfare. For example, a municipality may

enact housing ordinances that set minimum standards of habitability.

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 MODULE 1: Introduction, meaning, origin and sources of law

This ordinance is applicable only on a city or municipality where the

ordinance is passed. A certain act is prohibited on one city but allowed

on the other cities, to cite some examples, consider “the ordinance on

smoking or ordinance of using plastic bag” and the like.

5) Department Administrative Orders (DAOs) are used to document and

mandate continuing policies, standards requirements, and procedures

prescribed by the Office of the Secretary for Department wide application

or for application to two or more major program areas of the Department.

6) These Rules and Regulations are promulgated to implement the State

policies and objectives under the Act which aims to promote and

facilitate the transfer, dissemination, and effective use, management,

and commercialization of intellectual property, technology and knowledge

resulting from research and development.

7) Precedent – is a prior reported opinion of an appeals court which

establishes the legal rule (authority) in the future on the same legal

question decided in the prior judgment. In common law legal systems, a

precedent or authority is a legal case that establishes a principle or rule.

This principle or rule is then used by the court or other judicial bodies use

when deciding later cases with similar issues or facts. The Latin term

stare decisis is the doctrine of legal precedent.

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 MODULE 1: Introduction, meaning, origin and sources of law

8) The term custom and usage is commonly used in Commercial Law, but

"custom" and "usage" can be distinguished. A usage is a repetition of

acts whereas custom is the law or general rule that arises from such

repetition. Custom is defined as a tradition or a usual way to behave and

accepted and followed in a society. Example of this is that a Muslim can

marry more than one wife, accepted in their custom.

9) The principle of justice could be described as the moral obligation to

act on the basis of fair adjudication between competing claims. As such,

it is linked to fairness, entitlement and equality. ... (2009) describe two

elements of the principle of justice, namely equality and equity. It is

like a rule of thumb where in somebody will act on something with

humanity. Rules of war is an example of this.

Reference: Engineering Law, Contracts and Ethics by Anselmo Castro and

Augustus Cezar

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 MODULE 1: Introduction, meaning, origin and sources of law

Name: ______________________________________________ Section: ___________

Teacher: ____________________________________________ Date: ___________

ACTIVITY 1
Law
Answer the following essays.
1. Why we need to study law and what is the importance of this in our profession?

2. What is the differences between executive order and ordinances?

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 MODULE 1: Introduction, meaning, origin and sources of law

3. What kind of government we have in the Philippines? Explain its set up and powers.

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