Notes on Introduction to Law

Juris Doctor Degree University of Cebu-Banilad Norberto M. Secretaria

Lawany rule of action or norm of conduct applicable to all kinds of action and to all objects of creation: State Law, Physical Law, Divine Law etc. Law in legal senseis a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit. ELEMENTS OF LAW: 1. Its a rule of conductit serves as a guidelines in individual relations. 2. Law must be justas guidelines of human conduct, should run as golden treads through society to end that law 6. Lex CLASSIFICATION OF LAW

may approach its supreme ideal which is the sway and dominance of justice. 3. It must be obligatorythe law must be enforce at all cause, otherwise it will not serve its intended purpose. 4. Must be prescribed by legitimate authoritylegitimate authority is embedded in the constitution art 2 sec 1, sovereignty resides from the people and all governmental authority emanates from them, through this legitimate authority pertains to the people. 5. Laws must be ordain for the common goodSalus Pupoli Est Suprema

Natural Lawderives is force Physical LawUniversal rule of action that governs the conduct and and authority from God movements of all things Moral Lawrules which establishes what is right and wrong dictated by the human conscience. Divine Law a. Divine Positive lawTen Commandments b. Divine Human Positive LawCommandments of the Church Public Law a. Constitutional lawfundamental law of the land b. Administrative lawlaw which fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which functions of the government are performed. c. International Lawbody of rules which regulates the community of nations. Private LawRules which creates duties, rights and obligations and the means and methods of setting courts in motion for the enforcement of a right or of a redress of wrong. a. Substantive private lawrules which declares legal relations of litigants when the court have been properly moved. b. Procedural or adjective private lawrefers to the means and methods of setting the courts in motion making the fact known to them and effectuating their judement.

Positive Law

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Notes on Introduction to Law

Juris Doctor Degree University of Cebu-Banilad Norberto M. Secretaria

Sources of LAW 1. Legislationlaws enacted by the congress of the Philippines. 2. Precedentsdecisions or principles enunciated by a court of competent jurisdiction on a question of lawdoctrine of stare decisis. 3. Customshave the force of law only when they are acknowledged and approved by the society through long uninterrupted usage. a. A custom must be proved fact according to rules of evidence (art 12 of NCC) b. Customs must not be contrary to law (Art 11 of NCC) c. Must be a number of repeated acts and performed uniformly. d. There must be a judicial intention to make a rule of social conduct. e. Must be acknowledge by the society through long and uninterrupted usage. 4. Court Decisionjudicial decisions which apply or interpret the constitution and laws are part of the legal system of the Philippines. WORLDs Legal System 1. Mesopotamian Legal System 8. Maritime Legal System 9. Greek Legal System 2. The Anglican Legal System or 10. Slavic Legal System common law 3. Egyptian Legal System 11. Roman Legal System 4. Romanesque Legal System 12. Keltic Legal System 5. Hebrew Legal System 13. Japanese Legal System 6. Ecclesiastical Legal System 14. Mohammedan Legal System 7. Chinese Legal System ROMAN LAWis the body of rules and principles adopted to guide the Romans in the conduct or observance of their personal and official affairs. It was later referred to the Civil Law of the Romans. VALUE AND IMPORTANCE OF ROMAN LAW Our New Civil Code is basically Roman in origin. 1. Ignoratia legis no excausatIgnorance of the law excuses no one. 2. Dura lex sed lexthe law may be harsh but it is the law 3. Cessante ratione cessat ipsa lex when the reason of the law ceases, the law ceases to exist 4. Sic utere tuo ut alienum non laedas the owner of the thing cannot make use thereof in such a manner as to injure the rights of third person (art 431, ncc) 5. Patria potestaparental authority 6. Negotiorum gestio unauthorized management 7. Res perit dominothe thing perishes from the owner 8. Jus possidendirights to possess 9. Jus abutendithe right to abuse 10. Jus utendithe right to use 11. Jus fruendithe right to the fruits 12. Jus disponendithe right to dispose 13. Jus vendicandi the right to recover 14. Nulla poena sine legeno crime if there is no law punishing it

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Notes on Introduction to Law

Juris Doctor Degree University of Cebu-Banilad Norberto M. Secretaria

15. 16. 17. 18. 19. 20.

Salus populi est suprema lexthe welfare of the people is the supreme law Caveat emptorbuyers beware Solution indebitiunjust enrichment Aedificum solo creditthe building follows the land Accessorium siquitur principaleLand is always principal Nullum tempus occurit regitime runs not against the sovereign

Roman law is of enormous value for it is at hand ready to use and able to shed light in the solution of the numerous complex problems which confronts the modern civilized society. Their style is simple, clear, brief and precise. POLITICAL HISTORY OF ROME MonarchyRomulus from whom the name of the city was derived, is the founder of Rome. a. Numa Popilus b. Tullus Hostilus c. Ancus Maritus RepublicWarfare and conquest prevailed. The ruling power was divided between two patrician magistrate elected for one year. They were called consul which was chosen by the assembly Comitia Centuriata. The senate (Comitia Curiata), was the most important, consisted of 300 men who were chosen by the consul from the patricians.133bc Tiberius died, which marked the century of revolution and civil war ended in the establishment of the Roman EmpireSulla, Pompey, Cicero, Caesar, Gaius and Augustus. EmpireSlavery and struggle between the upper class and the lower class of the society was greatest test of the Roman Empire. a. Principatethe Emperor is in fact supreme, its power is disguised under republican form.

b. Dominatefirst citizen: he is dominus masterof his subjects. COMMON LAWis derived from case law and books of authority. It is an unwritten law which does not emanate from the express will of the legislature. It is founded on maxims, rules and principles derived from time honored usages and customs which received acceptance from the court of law: England, Ireland, Australia, Wales, New Zealand, Canada and USA. MOHAMMEDAN LAWare law used and observed by the Muslims, provided it does not conflict with the general law of the land, it is derived principally from Koran and the writings of the Islamic Jurists. BLENDING OF LEGAL SYSTEM IN THE PHILIPPINES The three legal systems have met and blended into one legal system in the Philippines. Our New Civil Code is basically Romans in origin. Our procedural laws are still being observed by Filipino Muslims insofar as they are not in conflict with the general laws of the land.

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