Handout No.

1-November 8, 2017
By: Atty. Fe Rosario Pejo-Buelva, LLB
San Beda College of Law, Mendiola

Meaning of law in general

• As defined by Sanchez Roman (a Spanish lawyer and the Minister of State
of Spain in 1905) defines law as a rule of conduct, just, obligatory
promulgated by competent authority for the common good of a people and
nation which constitute an obligatory rule of conduct for all its members.
General divisions of law
• TWO GENERAL GROUPS
• (1) HUMAN LAW – otherwise called the law in the strict legal sense
because said laws are promulgated and enforced by the state; this is
promulgated by man to regulate human relations
• (2) DIVINE LAW – otherwise called the law in the non-legal sense, it
is not promulgated and enforced by the state --- God himself is the
legislator who himself promulgated
Main classes of human law
• I. GENERAL OR PUBLIC LAW
• II. INDIVIDUAL OR PRIVATE LAW
GENERAL OR PUBLIC LAW
• (a) INTERNATION LAW - that which governs the relations between
nations or states, that is, between human beings in collective
concept
• (b) CONSTITUTIONAL LAW – governs the relations between human
beings as citizens of a state and the governing power. It is the
fundamental law of the state from which all other laws must
conform.
 • (c) ADMINISTRATIVE LAW – governs the officials and employees of
the government
• (d) CRIMINAL LAW - defines crimes and provides for their
punishment. All criminal cases are filed in court as People of the
Philippines vs Mr. XXX – reason: when a person commits a crime he
violates not only the right of the individual victim but primarily that
of the sate because the crime disturbs the peace and order of the
state
• (e) RELIGIOUS LAW – which regulates the practice of law
INDIVIDUAL OR PRIVATE LAW
• (1) CIVIL LAW – regulates the relations of individuals for purely private
ends
• (2) MERCANTILE LAW – regulates the special relations produced by
commercial transactions
• (3) PROCEDURAL LAW – provides for the means by which private rights
are enforced