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ECE Laws, Codes & Ethics Shareyouressays

RONEL V. VIDAL, PECE

Learning Objectives
At the end of this presentation, a student should at the
minimum be able to:
1. Define law
2. Enumerate and explain the division, subjects,
characteristics, sources of law
3. Explain the classification of laws
The Meaning of Law
• The system of rules which a particular country
or community recognizes as regulating the
actions of its members and which it may
enforce by the imposition of penalties
- https://en.oxforddictionaries.com/definition/law
•In its widest and most comprehensive sense,
the term “law” means any rule of action or
any system of uniformity
General Divisions of Law
• Law may be divided into two general groups:
1. Law (in the strict legal sense) which is
promulgated and enforced by the state (State
Law)
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state
(divine law, natural law, moral law, and
physical law)
Subjects of Law
•State law, Divine law, Natural law, and Moral
law: comprised in the definition of law as a rule
of action and apply to men as rational beings
only
•Physical law: operates on all things, including
men, without regard to the latter’s use of their
willpower and intelligence
State Law (Law)
•the law promulgated and enforced by the state
•also known as positive law, municipal law, civil
law, or imperative law
•as a rule of action, only state law is enforced by
the state, with the aid of its physical force, if
necessary
State Law (Law)
•refers to all the laws taken together, defined as
the “the mass of obligatory rules established for
the purpose of governing the relations of persons
in society”
•been defined as “a rule of conduct, just,
obligatory, promulgated by legitimate authority,
and of common observance and benefit”
Divine Law
• the law of religion and faith which concerns itself
with the concept of sin (as contrasted with crime)
and salvation
• Source - formally promulgated by God and revealed
or divulged to mankind by means of direct
revelation
• Sanction – lies in the assurance of certain rewards
and punishments in the present life or in the life to
come
Natural Law
• may 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
• 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
Natural Law
•there are some acts or conduct which man
knows in his heart and his conscience, not by
theorizing, but by the dictates of his moral
nature, are simply good or evil
•has been regarded as the reasonable basis of
state law
Natural Law vs. Divine Law
•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
•Divine law is made known to man by means of
direct revelation
Moral Law
• refers to the totality of the norms of good and right
conduct growing out of the collective sense of right and
wrong of every community. (It is based on what the group
believes to be right or wrong)
• no definite legal sanction like imprisonment for violation of
purely moral law only approval or disapproval of the rest of
the group
• not absolute – it varies with the changing times, conditions
or convictions of the people
• Moral law, to a great extent, influences or shapes state law
Physical Law
•Physical law in general is consist of the
uniformities of actions and orders of sequence
which are the physical phenomena that we
sense and feel
•e.g. law of gravitation, law of chemical
combination, law of motion, etc.
Characteristics of State Law
1. Rule of conduct
– Law tells us what shall be done and shall
not be done
2. Obligatory
– Law is considered a positive command
imposing a duty to obey and involving a
sanction which forces obedience
Characteristics of State Law
3. Promulgated by legitimate authority
– In the case of the Philippines, the legitimate or
competent authority is the legislature (congress).
Local government units are also empowered to
enact ordinances which have the binding force of
laws.
4. Of common observance and benefit
– Law must be observed by all for the benefit of
all.
Sources of Law
1. Constitution
• The Fundamental Law of the land
• 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
Sources of Law
2. Legislations
• It consists in the declaration of legal rules by a
competent authority
• Acts passed by the legislature are so called enacted
law or statute law
• Legislation includes ordinances enacted by local
government units
Sources of Law
3. Administrative Issuances
• Resolutions, memorandum circulars, executive
orders, department orders, rules and regulations
issued by administrative officials under legislative
authority ( with quasi legislative functions)
• They are valid only when they are not contrary to the
laws and constitution
Sources of Law
4. Judicial decisions or jurisprudence
• Decisions of the Supreme Court, applying or
interpreting the laws or the Constitution form part of
the legal system of the Philippines
• The decisions of the Supreme Court on a point of law
are binding on all subordinate courts – this is called
the doctrine of precedent or stare decisis.
Sources of Law
5. Custom
• It consist of those habits and practices which
through long and uninterrupted usage have become
acknowledged and approved by the society as
binding rules of conduct
• It has the force of law when recognized and enforced
by the state
Other Sources of Law
• Treaties and Generally accepted principles of
International Law
• Principles of Justice and Equity – common law
jurisdiction
• These are, however, only supplementary, that is,
they are resorted to by the courts in the absence
of all other sources. They are, however, not
binding on the courts.
Organization of Courts: Regular & Special Courts
Supreme Court

Court of Appeals Sandiganbayan Court of Tax Appeals

Regional Trial Courts Shari’a District Courts

Metropolitan Municipal Municipal Municipal

Shari’a Circuit
Trial Courts Trial Courts Trial Courts Circuit Trial
Courts
Courts
in Cities
Organization of Courts
1. Regular courts
• Supreme Court
• Court of appeals
• Regional Trial Courts sitting in the different provinces
and cities
• Metropolitan Trial Courts in metropolitan areas
established by law
Organization of Courts
1. Regular courts
• Municipal Trial Courts in cities not forming part of a
metropolitan area, and in municipalities;
• Municipal Circuit Trial Courts in areas defined as
municipal circuits. Circuit courts exercise jurisdiction
over two 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.
Organization of Courts
2. Special Courts
• There is, under the Constitution, a special anti-graft
court, the Sandiganbayan. 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.
Organization of Courts
3. Quasi-judicial agencies
• Administrative bodies under the executive branch
performing quasi-judicial functions, like the NLRC, SEC,
LTFRB, Insurance Commission, PRC, NTC, etc. and the
independent Constitutional Commissions: CSC,
COMELEC, CA, etc.
• do not form part of the integrated judicial system.
• Their functions are described as “quasi-judicial” because
they involve also the settlement or adjudication of
controversies or disputes.
Classifications of Law
1. as to its purpose
(a) Substantive law or that portion of the body of law
creating and defining rights and duties which may be
either public or private in character.
Example: Law on Obligation and Contracts
(b) Remedial 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 called adjective law or procedural law.
Substantive Law as Distinguished from Remedial Law
• Substantive law creates, defines and regulates rights
and duties regarding life, liberty or property which
when violated gives rise to a cause of action (Bustos
v. Lucero, 81 Phil. 640).
• Remedial law prescribes the methods of enforcing
those rights and obligations created by substantive
law by providing a procedural system for obtaining
redress for the invasion of rights and violations of
duties and by prescribing rules as to how suits are
filed, tried and decided by the courts. https://philippinebar.wordpress.com/tag/remedial-law/
Substantive Law as Distinguished from Remedial Law
• As applied to criminal law, substantive law is that
which declares what acts are crimes and prescribes
the punishment for committing them, as
distinguished from remedial law which provides or
regulates the steps by which one who commits a
crime is to be punished.

https://philippinebar.wordpress.com/tag/remedial-law/
Classifications of Law
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.
Examples. Criminal law, international law,
constitutional law, administrative law, criminal
procedure
Classifications of Law
2. as to its subject matter
(b) Private law or the body of rules which regulates
the relations of individuals with one another for purely
private ends.
Examples. Law on obligation and contracts, civil
law, commercial or mercantile law, civil procedure
 Quantum of Evidence
• Criminal cases:
• Proof of Guilt Must be Beyond Reasonable doubt.
• That degree of proof, which, excluding the
possibility of error, produces moral certainty. If the
inculpatory facts are capable of two or more
explanations, one of which is consistent with the
innocence of the accused and the other consistent
with his guilt, then the evidence does not fulfill the
test of moral certainty and is not sufficient to
support a conviction.
 Quantum of Evidence
• Civil cases:
• Preponderance of Evidence
• This means that the weight, credit and value of the
aggregate evidenced of one is superior to the other
• Greater weight of all the evidence which as a whole
shows that the act sought to be proved is more
probable than not
Quantum of Evidence
• Administrative cases:
• Substantial Evidence
• In administrative proceedings, the quantum of
proof necessary for a finding of guilt is substantial
evidence or such evidence as a reasonable mind
may accept as adequate to support a conclusion.
Effects and Applications of Law:
Requirement for publication
• 15 days after publication in Official Gazette or
newspaper
• Ignorance of the law excuses no one from
compliance
• Due Process
References:
1. https://arslearningportal.wordpress.com/subjects-2/welcome-to-the-
philippine-electronics-engineering-ece-laws-contracts-ethics-page/
2. https://www.batasnatin.com/law-library/remedial-law/evidence/1092-
weight-and-sufficiency-of-evidence.html
3. https://philippinebar.wordpress.com/tag/remedial-law/
End
Introduction to Law