DOMINGO, Celine Elaiza B.

LHT – Sec 3

1. Introduction to Law
a. Definition of Law
Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior. It has been defined both as "the Science of Justice" and
"the Art of Justice". It is a system that regulates and ensures that individuals or a community
adhere to the will of the state.

b. Characteristics of Law
 It is a set of rules.
 It regulates the human conduct
 It is created and maintained by the state.
 It has certain amount of stability, fixity and uniformity.
 It is backed by coercive authority.
 Its violation leads to punishment.
 It is the expression of the will of the people and is generally written down to give it
definiteness.
 It is related to the concept of 'sovereignty' which is the most important element of
state.

c. Sources of Law
 Constitutions
 Legislatures
 Executives
 Judiciaries
 Administrative Agencies
 International organizations

d. Classifications of Law
1. Public and Private Law: Public Law can be defined as that aspect of Law that deals with
the relationship between the state, its citizens, and other states. It is one that governs
the relationship between a higher party — the state — and a lower one, the citizens.
Private law, on the other hand, is that category of the law that concerns itself with the
relationship amongst private citizens.
2. Civil Law and Criminal Law: Civil law in this regard can be defined as the aspect of Law
that deals with the relationship between citizens and provides means for remedies if the
right of a citizen is breached. Criminal Law, on the other hand, can be referred to as that
aspect of Law that regulates crime in the society. It punishes acts which are considered
harmful to the society at large.
 3. Substantive and Procedural Law: Substantive Law is the main body of the law dealing
with a particular area of law. Procedural law, on the other hand, is law in that deals with
the process which the courts must follow in order to enforce the substantive law.
4. Municipal/Domestic and International Law: Municipal/Domestic law is the aspect of
law which emanates from and has effect on members of a specific state. International
law, on the other hand, is the law between countries. It regulates the relationship
between different independent countries and is usually in the form of treaties,
international customs etc.
5. Written and Unwritten Law: A law would not be regarded as written just because it is
written down in a document. Written laws are those laws that have been validly enacted
by the legislature of a country. Unwritten laws, on the other hand, are those laws that
are not enacted by the legislature. They include both customary and case law.

6. Common Law and Equity: In the legal sense, the term common law means the law
developed by the old common law courts of the King’s Bench, the Courts of Common
Pleas and the Courts of Exchequer.

2. Branches of the Government

One basic corollary in a presidential system of government is the principle of separation
of powers wherein legislation belongs to Congress, execution to the Executive, and settlement
of legal controversies to the Judiciary.

 The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the Senate and
the House of Representatives.

 The Executive branch carries out laws. It is composed of the President and the Vice
President who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These departments
form a large portion of the country’s bureaucracy.

 The Judicial branch evaluates laws. It holds the power to settle controversies involving
rights that are legally demandable and enforceable. This branch determines whether or
not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the government. It is made up of a
Supreme Court and lower courts.

Each branch of government can change acts of the other branches as follows:

 The President can veto laws passed by Congress.

  Congress confirms or rejects the President's appointments and can remove the
President from office in exceptional circumstances.

 The Justices of the Supreme Court, who can overturn unconstitutional laws, are
appointed by the President and confirmed by the Senate.

3. Hierarchy of Philippine Courts

4. Provisions of the Philippine Constitution relevant to Hospitality and Tourism (Articles II and
III)
REPUBLIC ACT NO. 9593 ( Tourism Act of 2009)
The State declares tourism as an indispensable element of the national economy and an
industry of national interest and importance, which must be harnessed as an engine of socio-
economic growth and cultural affirmation to generate investment, foreign exchange and
employment, and to continue to mold an enhanced sense of national pride for all Filipinos.

References:
https://www.businesslawbasics.com/chapter-5-sources-law
https://www.quora.com/What-are-the-characteristics-of-law
https://en.wikipedia.org/wiki/Law
https://djetlawyer.com/types-classifications-law/
https://pia.gov.ph/branches-of-govt
http://www.prohealthlaw.com/2015/01/principle-of-judicial-hierarchy.html
http://www.tourism.gov.ph/Downloadable%20Files/RA%209593.pdf