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Ignorantia Legis

Nun Excusat
Ignorance of the laws exempts no one from abiding thereto…

( Article 3 of the Civil Code of the Philippines )


LAW
The body of rules of a society that are enforceable through a system of
courts.

Laws may be created by legislatures or, in common law jurisdictions, by the


courts.

They regulate relations between individuals (private law); between individuals


and the state (public law); and between different states (international law).

The word law derives from the late Old English “lagu”, meaning something
laid down or fixed.

Laws vary widely between different countries and even, in some cases, within
countries.

An area in which a particular set of laws holds is called a jurisdiction.


FOUR WAYS TO ANALYZE LAWS

LEGAL SYSTEMS

SOURCES OF LAW

ADJUDICATION

JURISPRUDENCE
LEGAL SYSTEMS
COMMON LAW

CIVIL LAW

CUSTOMARY LAW

RELIGIOUS LAW

SOCIALIST LAW

INTERNATIONAL LAW
COMMON LAW
Laws that are not legislated but are commonly
accepted by different nations. Judicial decisions are
based on tradition, custom, and precedents.

CIVIL LAW
Civil or civilian law is a legal tradition which is the base of
the law in the majority of countries of the world. It refers to
the area of law involving relations between private
individuals. It also is used to describe all law outside of
the criminal law context.

CUSTOMARY LAW
Custom, or customary law consists of established
patterns of behaviour that can be objectively verified
within a particular social setting. Generally, customary
law exists where a certain legal practice is observed or
the relevant actors consider it to be law.
RELIGIOUS LAW
Law can be thought of as the ordering principle of
reality; knowledge as revealed by God defining
and governing all human affairs. Law, in the
religious sense, also includes codes of ethics and
morality which are upheld and required by God.

SOCIALIST LAW
The official name of the legal system used in
Communist States. It is based on the civil law system,
with major modifications and additions from Marxist-
Leninist ideology.

INTERNATIONAL LAW
Consists of rules and principles of general application
dealing with the conduct of states and of international
organizations and with their relations
SOURCES OF LAW

STATUTORY LAW

NON-STATUTORY LAW
NON-STATUTORY LAW
Refers to the sources of law other than statutory law.

Its authority rests not on legislation passed by Parliament and/or


Administration and eventually codified,

But rather tradition, custom, and especially precedent.

It is recognized by the Philippine Society as being essentially inviolable;

However, as customs and traditions change and evolve, the common, non-
statutory law must change and evolve with them, and occasionally be
amended by statute.
STATUTORY LAW
Written law set down by a legislature or other governing authority such as the
executive branch of government in response to apperceived need to clarify
the functioning of government, improve civil order, answer a public need,
codify or detail existing law, or for an individual or company to obtain special
treatment.

In addition to the statutes passed by the national or state legislature, lower


authorities or municipalities may also promulgate administrative regulations
or municipal ordinances that have the force of law.

The process of creating these administrative decrees are generally classified


as rulemaking.

While these enactments are subordinate to the law of the whole state or
nation, they are nonetheless a part of the body of a jurisdiction's statutory
law.
ADJUDICATION

PUBLIC LAW
Criminal law | Constitutional law | Administrative law

PRIVATE LAW
Civil law | Law of obligations | Contract | Tort | Wills and Trusts

COURTS LAW
Adversarial system | Inquisitorial system | Evidence | Judiciary | Lawyers
JURISPRUDENCE

Philosophy of law, Natural law

Legal positivism, Legal formalism

Legal realism, Legal interpretivism

Feminist legal theory, Law and economics

Critical legal studies, Comparative law


EXAMPLES OF STATUTORY LAWS

Republic Acts

Presidential Decrees

Batas Pambansa

Executive Orders

Ordinances
EXAMPLES OF COMMON LAWS

Law on Eminent Domain


The Sovereign power to acquire privately-owned properties
for state infrastructure projects or Interest.

Law on Variance
It is the special permit, given to a lot Owner, to violate some land-use
regulations in order to satisfy the more important requirements.
LAWS REGARDING BUILDING CONSTRUCTION
PD1096
National Building Code of the Philippines (Revising RA 6541)
PD1185
Fire Code of the Philippines
PD 957
Condominium and Subdivision Buyers Protective Decree (RA 4726 – Condominium Law)
BP 220
Standards for Economic and Socialized Housing
BP 344
Enhancing the Mobility of Disabled Persons
PD 856
Philippine Sanitation Code
PD 1067
Water Code
RA 7279
Urban Development and Housing Act
PD 772
Anti- Squatting Law (RA 8368 – An Act Decriminalizing Squatting)
RA 7718
Build Operate and transfer Law
PROFESSIONAL REGULATORY LAWS
RA 9266
The New Architecture Law (Revising RA 545 and RA 1581)
RA 544
Civil Engineering Law
RA 1378
Plumbing Law
RA 4374
Geodetic Engineering Law
RA 7920
Electrical Engineering and Electrician Law
RA 8534
Interior Design Law
RA 1308
Environmental planning Law
RA 1364
Sanitary Engineering Law
RA 4110
Airconditioning and refrigeration Engineering Law
RA 5734
Electronics and Communications Engineering Law
RA 8495
Mechanical Engineering Law
LAWS REGARDING BUILDING CONSTRUCTION
RA 386
Civil Code of the Philippines
RA 7160
Local Government Code
RA 8293
Intellectual Property Code of the Philippines (Repealing RA 165, as amended / RA 166, as
amended / PD 49 / PD 285, as amended / Art. 188 & 189 of the Revised Penal Code of the Philippines.)
Act 3815
Revised Penal Code
PD 1295
National Engineering Center
RA 7718
Build Operate and transfer Law
BUILDING LAWS IN THE PHILIPPINES

Archt. Irone Jay C. Diozo, UAP


Instructor

GOOD LUCK… ARCHITECTS!

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