Introduction to Law Chapter 1: Preliminary Considerations

Concept Description
Law - Body of rules/ actions of conduct prescribed by controlling
authority
- Has binding legal force
- Followed and obeyed by citizens subject to sanctions
- Solemn expression of the will of the state
Sources of law Statutory element*
Constitutional element*
Judicial precedents
Legislation
Custom

*both statutory and constitutional elements are based on the

interpretation and rulings of courts
Different aspects of Absolute law
law Adjective law
Ecclesiastical law
Common law
Conflicts of law
Constitutional law
Criminal law
Ordinance
Organic law
Parliamentary law
Classifications of Classification of law Description
law Non-jural classification Includes divine law, moral law, natural law
and physical law
Jural version Issued by administrative agencies of
government whose purpose is to carry
functions and powers of agencies
Scope of jural - Constitutional enactments
version - Executive orders and decisions
- Judicial precedents
- Jurist opinions
- City and municipal ordinances
- Rules and regulations
Primordial purpose Ordained for common benefit
of law Subject every citizen for ordinance or observance
Obligatory
Prescribed by legitimate authority
Salus populi est - Laws are ordained for common benefit
suprema lex - Welfare of the people is supreme law
Sine qua non of - Applied to all citizens
laws
Representatives - Where authority of delegating laws is delegated
chosen by sovereign
will of the people
Section 2 Article 2 - Sovereignty resides from the people; government authority
of 1987 emanates from the people
Constitution
Further Classification Description
classifications of Natural law - Binding from Almighty God
law - Considered as non-jural
- Binding to all human creatures
- Non-respecter of times
- Classified either as natural law, moral
law, and divine law
Physical law - Rule of universe without human
interaction
- Governs conduct and movement of
material and non-free agents
Moral law - Governing conduct of mankind
- Human actions between right and wrong
Divine law - Branches into canon law
- Guidance by ecclesiastics and clerics to
the faithful in harmony of civil law
Divine positive law - Human conduct is patterned; doctrines
and laws of the church
Public law Includes constitutional law, administrative law
and international law
Constitutional law Powers of branches under the Republican
government and the instrumentalities under them
Administrative law Created by administrative agencies of
government to carry out regulative powers and
duties of such agencies
International law Regulate community of nations; treaties and
agreements entered by sovereign countries
Private law Regulates, enforces and administers relationships
among individuals, associations and corporations
- Part of law administered citizen to
citizen
- Regulation and enforcement of rights in
cases where person are private
individuals
Historical overview - Spanish friars imposed Spanish laws of dominance and
enslavement
- Americans introduced constitutional, commercial and procedural
laws
Sanchez Roman - Spanish authors in civil law where the New Civil Code was
and Mannesa patterned
Sources of law Source Description
Legislation - Declaration of legal rules enacted by the
Constitution for upper and lower houses
Precedent - Decisions by court of competent
jurisdiction
Custom - Habits and practices acknowledged and
recognized by society as bending rules
of conduct
Characteristics in - Universal
which custom - Observed as right
assumes binding - Practiced from time immemorial
authority as law
Element for custom - Justice
to be considered as - Honesty
basis of justice - Good faith
- Rights not abused
- Respect of human personality
- Freedom of religion
- Privacy
- Peace of mind
- Obligation to indemnify for damage
Source of human - Springboard obligation of citizen to obey human laws flowing from
law as divine natural law and proceeding from divine source