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INTRODUCTION TO LAW

THE GENERAL NATURE OF LAW

Meaning of law in general.

In its widest and most comprehensive sense, 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 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
8TOups:
(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 M.J. Gamboa, Introduction to Philippine Law, 6th ed., p.
3.)
Subjects of law.
State law, divine 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
 with the
discussion of state law, le us
proceeding w h i c h the state is n o t
Before
laws with
those
y
first dispose of
concerned.

Divine law.
and faith which concerns
Divine law is
the law of religion and
contrasted with crime)
of sin (as
itself with the
concept
salvation.

Source.- It is tormally Promulgated by God and

(1) of direct revelation:
means
divulged to mankind by
revealed or

Old Testament, divine law is embodied

(a) Under the
by
It is believed Christians that
in the Ten Commandments.
God through Moses, the
these laws were formally given by
and ader. (see C. Pascual, Legal
great Hebrew prophet
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
in man of the sense of
as the divine
inspiration
justice, fairness, and righteousness, not
by divine revelation or formal
dictates of reason alone. promulgation, but by interna
(1) Binding force.
Natural law is ever
binding on all men present and
everywhere at all times. There is in every
man a basic understanding and
of right and
understanding
and evil. In
of the
fundamental wrong based on an
standard or criterion of
other words, go0u
man knows in his heart and there are some acts or
conduct hich
but by dictates of his
the his w
conscience, not by theorizing
evil. moral nature, are
simply good or baa o
 INTRODUCTION TO LAW

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 in man as the core of his higher self at the very
impressed
moment of being or, perhaps, even before that. (see C. Pascual,
Legal Method, 2nd ed., p. 111.)
(3) Place in state lao.- 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 and what is wrong was
right 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, spontaneous social reaction is produced in
a
the form of public displeasure, contempt or even indignation. If,
on the other hand, there is conformity
to the moral norms, there

is created spontaneoussocial response which may be in the form

 of public pleasure, approval or even joy." (see C. Pascual. Th
The
Elements of Law, 1954 16.)
ed., p.
Nature and
(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 crimei
in the Philippines, whereas, it is allowed in some parts of th
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 la, 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
ofphysical science or physical lae." (lbid., p. 19.)
(1) Order or regularity in nature.- A law of
science, being addressed to objects which have no physical
power to
disobey, is in reality nothing more than
order or regularity
an
in natureby which certain results follow certain causes.
(Clark,
Elementary Law, p. 34.)
(2) Called lauw only by analogy. - I n other
words, this
order or regularity is called law only by
analogy. "Examples
physical law are many. The more conspicuous ones are the law
of

of gravitation and the law of

chemical combination." (see C.
Pascual, Legal Method, 2nd ed., P. 13.)

State law.
The kind of law,
n
however, which particularly concerns us
tis work is the state law or the law that is
enforced by the state. promulgatea a
(1) Other terms used.- This law is also called positive la
icipal
Erer to
law, civil law, or imperative law. It is the law
und
when we speak of law in connection with
obligato
electionea marriage, the administration of justice, the conduct
elections, and the entire governmental process itselr.
 INTRODUCTION TO LAW

(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. full
A 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) In its 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 is a 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;
 is c o n s i d e r e d a positive cCom.
o
obligatory.-Law
(2) It is sanction whi.
mand imposing a duty to obey and involving a
hich
forces obedience;

legitimate authority. -

n
(3) It is promulgated by
the legitimate
democratic country,
like
the Philippines,
Under the Constitutio
is the legislature.
competent authority
are enacted by Congress which is the nam
laws called "statutes"
of our government; local government
of the legislative branch
to enact ordinances which have tho
units are also empowered
and
binding force of laws;
(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
of these
society can be stable in which either
requiremernts 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
controls social relations. Life society, protects interests,
without basic laws
violence, and against thef,
destruction
would be solitary, nasty, brutish, an
short. Life without other laws
such as those
sanitation, employment, regulating traffic,
agreements, etc. business, redress of harm or of broken
would
wholesome, etc. (see Howardbe less orderly, less healthful, less
and Its Limits, 1965 and
ed, pp: 35-37.) Summers, Law, Its Functions,
(3) What is our
last and duty as members of
continue without society? No society can
means of social
control, without
 INTRODUCTION TO LAW

on its members.
The s u m of such
rules of social order binding
under whatever particular
rules as existing in a given society, law
by
understand
forms, is what, in c o m m o n speech,
we
law
or is also referred to as
the legal system. Since we find
citizen should have s o m e understanding of
necessary, every
law and observe it for the common good.

Sources of law.
The principal sourcesof law in the Philippines are the
Constitution, legislation, administrative rules 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 as the fundamental 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
-

by a competent authority. (Salmond, Jurisprudence, 9th legal rules

209.) It is the preponderant source of law in the ed., p.
Philippines. Acts
passed by the legislature are so-called enacted law or statute law.
Legislation includes ordinances enacted
by local
units. governments
(3) Administrative executive orders,
or

rulings. regulations, and

They are those issued by administrative
under legislative
authority. Administrative rules and officials
regulations
 explain th law
or
the law and carry into effect
and carry effect its

are
intended to clarify m i n i s t r a t i v e acts re valid only
when thev

general
provisions.
and the Constitution. (Art. 7, Civij
to the laws
are not contrary

Code.) The decisions of the

(4) Judicial
decisions or jurisprudence. interprein
Supreme Court, applying
or
the
courts, particularly of the legal system of tha
Constitution form part
the laws or the
of a superior court on a
(Art. 8, lbia.) The decisions
subordinate courts. This is called
Philippines.
on al d
of law are binding
point
or stare decisis.
the doctrine ofprecedent
reverse or modify any
The Supreme Court, however, may
Until then, the decisions of the Supreme
of its previous rulings.
Court applying or interpreting
the
laws or the Constitution are
declare what the laws
"laws" by their own right because they
of the lower courts, which bind the
say or mean. Unlike rulings
to specific cases alone, its judgments are applied to all.
parties
(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. (M.J. Gamboa, op. cit., p. 15.) For instance, in a
contract for services rendered where no
definite compensation 1s
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
ot evidence. (infra.) (Art. 12, Civil
the courts in the absence of law orCode.) It may be applied by
the point in controversy. But customsstatute exactly applicable to
public order or which are contrary
public policy are not to 1d
6) Other sources. To the -
countenanced. (Art. 11, 1014
Or Justice and equity, above may be added
textwriters, and decisions of foreign
tribunals, principlesO
that is,
they religion. They are, however, opinions
the other are
resorted to by the only supplementay
Tbid., pp. sources.
11, 14.) They are, howe
courts
ourts in the
however, not binding absence
absence oof all
a"
on the courts.
Rule in case of doubt in interpretation
or application of laws.
court shall
Our Civil Code provides that "no judge or
decline to render judgment by reason of the silence, obscurity
or

"In case of doubt

insufficiency of the laws." (Art. 9, Civil Code.) that
in the interpretation or application of laws, it is presumed

the lawmaking body intended right and justice to prevail." (Art.

10, Ibid.)
courts are not only courts of law but also
In our ountry,
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, SCRA 375.) This is

166 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 act in behalf of the entire
to
citizenry. Churches, for example, act only for their members;
 the legal
nstitutions
within the society can make
(2) Only
(2) Onlyn d o orders with which the entire citizenry must
r d e r s with
and

and economic organizations, for

regulations social
rules, etc., of
The rules,limited numbers;
comply. only
govern
example, with an organization can ordinaril
with
associated

(3) People relationship

and there free themselves from the
their
terminate
regulations. Citizens of a state, howev
and
ofits rules choose to leave the geographical area
this unless they
cannotdo
is sovereign;
state
in which the
of control through law
The sanctions or techniques
(4)
the techniques available to
varied and complex than
are more
labor unions, and political
organizations such as churches,
parties. Expulsion usually the most powerful technique
is
secure compliance with their
available to such organizations to
the loss of his j b.
rules, etc. For the employee, it is
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
the indemnification of the
object is
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
various procedural steps are"operates" against an individual,
required. Thus, the individual must
ordinarily be given
why he should not, forhearing and a fair opportunity to show
a

claimant, or be example, be ordered to pay

deprived
referred to as "due of his
liberty. Such steps are money to
a

process" of law. commoniy

are Organs of social control other
actinggenerally not
required than those
provided by law
therefor.against
to co
individuals
(Ibid., pp.
comply with such procedures in
43-44.) except
pt when their rules
provV ide
Organization
Under
of courts.
decide actualthe
Constitution,
cases and the
judicial
dicial power
controversies i or
the power
power
involving the interpretau
ation
to
 INTRODUCTION TOLAW 11

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 court, the Sandiganbayan.
special anti-graft
(Art. X1, 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 judieial system.
Their functions are described as "quasi-judicial" because
they also involve the settlement or adjudication of controversies
or disputes.
 Classifications of law.
The methods for
classifying law are
many. For our.
poses, it would be best to consider the main classific Pur.
first, as to its purpose, and second, as to its ifications
nature.
of lay
(1) As to its purpose
(a) Substantive law that
or of theportion body
creating, defining, and regulating rights and duties of |a
may either be public or
private in character. An whieh
of substantive example
private law is the law on obligations
contracts; and and
(b) Adjective law or that
portion of the body of law
prescribing manner or procedure by which
the
be enforced or their rights may
violations redressed. Sometimes
called remedial law or this is
procedural
which says that actions for the
law. The
provision of law
shall be filed with the recovery of real property
where the Regional Trial Court of the region
property or any part thereof lies, is an
private adjective law. example of
Rights and duties useless unless they can be
are
It is not
enough, therefore, that the state regulates the enforced.
duties of all who are
subject to the law; it must rights and
remedies by which substantive law also provide legal
the need for may be administered. Hence,
adjective law.
The adjective law in the
of Court Philippines is governed by the Rules
promulgated by the Supreme Court and by
(2) As to its special laws.
subject matter:
(a) Public law or the
regulates the body of
legal rules which
of the state to rights
and duties arising from the
the relationship
people.
An
example of public law is criminal law, the
defines crimes and provides for their law which
theory, when a
the
punishment. In
person commits a crime, he lega
right of
the individual violates not only
state
because the crime victim but
state.
primarily that of the
disturbs the peace and order of the
 Also included are: international law or that law which
governs the relations among nations or states; constitutional
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 tor 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." (lbid.; see Art. 1307.)

Civil Code of the Philippines.

The law on obligations and contracts is found in Republic
Act No.386, otherwise known as the Civil Code ofthe Philippines.
When we speak of civil law, we refer to the law 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
December 7, 1889. (Mijares vs. Neri, 3 Phil. 196.)
as
Republic Act No. 386
1t fect on
on June 18, 1949
and
August 30, 1950. (Lara vs. Del Rosario, 94 Phil. 778.)
It is divided into four
(4) books.
Civil Code provisions on obligations
and contracts.
and
Book IV of the Civil Code deals with obligations
are contained
ContractS. The general provisions on obligations
contracts, in Title Il,
in litle 1, Articles 1156-1304, while those on
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.

with natural
Book IV also contains new provisions dealing
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
known, then social life will be binding until they are actualy
cannot be enforced due to impossible, because most laws
their being unknown to
2) It is almost many;
impossible prove the contrary when a
person claims ignorance of the
to
law;
(3) It is absurd to absolve
and increase the those who do not
obligations of those who know it; know
and
the law
(4) In our
and a sense of conscience, we carry norms of
duty,so that right and
our reason indicates many timeswrong
what
 15
INTRODUCTION TO LAW

relations, there
complicated juridical
have to do and in
more
we
consulted (A. Tolentino, op.
cit., pp.
should be
are lawyers who
18-19.); and
would be facilitated
and the
of the law
(5) "Evasion be defeated if persons
could
would
administration of justice
of the law to escape
the legal
successfully plead ignorance
or to excuse
non-performance of
of their acts,
consequences dictated not only by
duties. The rule, therefore, is
their legal
(lbid., 7; Zulueta vs. Zulueta,
p.
expediency but also by necessity."
1 Phil. 254.)
of the law imposing
Thus, ignorance of the provisions the
possession of firearms, or punishing
a penalty for illegal valid e x c u s e
drugs, does not constitute
a
possession of prohibited
for their violation.

oO0