INTRODUCTION TO LAW

CHAPTER I: LAW, ITS CONCEPT AND CLASSIFICATION

A. Definition
 Any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation,
including all laws, whether they refer to state law, physical law, etc.
 Rule of conduct, just and obligatory, laid down by legitimate authority for common observance and
benefit.

B. Elements
1. Rule of conduct – serves as guides of an individual in relation to his fellowmen and to his community
2. Must be just – laws as guides for human conduct should run as golden threads through society, to the end
that the law may approach its supreme ideal which is the sway and dominance of justice (based on or
behaving according to what is morally right and fair)
3. Must be obligatory – must be enforced to serve the purpose for which they are intended
4. Must be prescribed by a legitimate authority – authority to make laws is conferred up[on those duly
chosen by the sovereign people:
“Sovereignty resides in the people and all government authority emanates from them.”- Sec. 1, Art. II of
the Philippine Constitution
5. Must be ordained for the common benefit – maxim “Salus Populi Est Suprema Lex” – the welfare of the
people shall be the supreme law. Laws should be applied equally to all citizens regardless of their religion,
political persuasion and status in life.

C. Classification of Law
1. Natural Law – law that derives its force and authority from God, thus, superior to other laws and is
binding to the whole world, in all countries and at all times.
a. Physical Law – universal rule of action that governs the conduct and movement of things which
are non-free and material.
b. Moral Law – establishes what is right from wrong as dictated by the human conscience and as
inspired by the eternal law.

2. Positive Law - statutes which have been laid down by a legislature, court, or other human institution and
can take whatever form the authors want.\
a. Divine Law –
 Divine Positive Law - i.e. Ten Commandments
 Divine Human Positive Law – i.e. Commandments of the Church

b. Public Law – law of relationships between individuals and the government.

 Constitutional Law – fundamental law of the land which defines powers of the government
 Administrative Law – law that fixes the organization and determines the competence of the
administrative authorities and which regulates the methods by which the functions of the
government are performed.
 International Law – body of rules which regulates the community of nations
  Private Law – body of rules that creates duties, rights and obligations, and the means and
methods offsetting courts in motion for the enforcement of a right or a redress of wrong.
 Substantive Private Law – rules which declare legal relations of litigants when the
courts have been properly moved to action upon facts duly presented to them.
 Procedural or Adjective Private Law – means and methods of setting the courts in
motion, making the facts known to them and effectuating their judgements.
D. Sources of Law
1. LEGISLATION – the power to legislate laws is vested in the Congress of the Philippines which consists of
the Senate and the House of Representatives. Following the imposition of Martial Law, the power to legislate
is vested in the Philippines is vested in the President, the reason why there are Presidential Decrees and
Letter of Instructions. After the Batasang Pambansa was organized, the legislative power was returned to the
Congress although the President, by virtue of Amendment No. 6, continued to order decrees when the
exigency of the situation requires and in case of other emergencies.

2. PRECEDENT – decisions or principles enunciated by a court of competent jurisdiction on a question of law

do not only serve as guides but also as authority to be followed by all other courts of equal or inferior
jurisdiction in all cases involving the same question until the same is overruled or reversed by a superior
court.
“Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of
the Philippines”- Art. 8, New Civil Code

3. COURT DECISION - judicial decisions applying or interpreting the laws or the Constitution form part of the
legal system of the Philippines are not laws, but they are evidence of the meaning and interpretations of the
laws. The doctrine of Stare Decisis means that once a case has been decided one way, then another case
involving exactly the same question or point of law should be decided in the same manner.

4. CUSTOM – customs have the force of law only when they are acknowledged and approved by society
through long and uninterrupted usage.
Requisites:
o Custom must be proved as a fact according to the rules of evidence (Art. 12, NCC)
o Custom must not be contrary to law (Art. 11, NCC)
o Custom must have a number of repeated acts and these repeated acts must have been uniformly
performed
o Custom must have a judicial intention to make a rule of social conduct
o Custom must be acknowledged and approved by society through long and uninterrupted usage
 CHAPTER II: WORLD’S LEGAL SYSTEM
A. The World’s Legal System
1. Mesopotamian 8. Maritime
2. Anglican 9. Greek
3. Egyptian 10. Slavic
4. Romanesque 11. Roman
5. Hebrew 12. Celtic
6. Ecclesiastical 13. Japanese
7. Chinese 14. Mohammedan
B. The Three Prevailing Legal Systems
1. Roman Law 3. Mohammedan Law
2. Anglican or Common Law

C. Roman Law
 Body of rules and principles adopted to guide the Romans in the conduct or observance of their personal
and official affairs without necessarily specifying the period or the time when those rules were adopted
or promulgated
a. JUS QUIRITIUM – ritualism and strong religious tenor
b. JUS CIVILE – civil law of the Romans
 Value and Importance of Roman Law
 Legal Maxims originated from the Roman Law
1. Ignorantia legis non excusat – ignorance of the law excuses no one
2. Dura lex sed lex – the law may be harsh, but it is the law
3. Cessante ratione cessat ipsa lex – when the reason for the law ceases, the law ceases to exist
4. Sic utere tuo ut alienum non laedas – the owner of a thing cannot make use thereof in such
manner as to injure the rights of a third person (Art. 431, NCC)
5. Patria potesta – parental authority
6. Negotorium gestio – unauthorized management
7. Res perit domino – the thing perishes with the owner
8. Jus possidendi – the right to possess
9. Jus abutendi – the right to abuse
10. Jus utendi – the right to use
11. Jus fruendi – the right to fruits
12. Jus disponendi – the right to abuse
13. Jus vendicandi – the right to recover
14. Nulla poena sine lege – there is no crime when there is no law punishing it
15. Salus populi est supreme lex – the welfare of the people shall be the supreme law
16. Caveat emptor – buyers beware
17. Solutio indebiti – unjust enrichment
18. Aedificum solo credit – the building follows the land
19. Accessorium sequitur pricipale – land is always principal
20. Nullum tempus occurit regi – time runs not against the sovereign
  Political History of Rome
a) INTRODUCTION
“Being about to take up an interpretation of our ancient statutes, I have thought it essential that the law of
the Roman people should be traced from the foundation of the city, not because I want to write verbose
commentaries, but because in all matter, I perceive a thing is complete only when all parts are assembled,
and surely the most important part of a thing is its beginning.” – Gaius
b) THREE PERIODS OF ROMES POLITICAL HISTORY
1. Monarchy – starts from the earliest time to the abolition of the kingship
2. Republic – starts from the abolition of the monarchy to unification of Italy
3. Empire – marked by the breakdown of the old republican form and is characterized by fierce political
strife.

D. Common Law
 unwritten law derived from case law and books of authority, which does not emanate from the express
will of the legislature, but is rather founded on maxims rules and principles derived from time-honored
usages and customs which received acceptance from the courts of law.
 England, Ireland, Australia, Wales, New Zealand, Canada and USA.

E. Mohammedan Law
 Derived principally from the Koran and from writings of Islamic jurists
 Teachings of Mohammed also served as source of this legal system
 Islamic countries like Iran, Afghanistan, Malaysia, Indonesia, Turkey, etc.

F. Blending of Legal Systems in the Philippines

 The New Civil Code is basically Roman in origin
 Procedural laws are still being observed by Filipino Muslims insofar as they do not conflict with the
general laws of the land.
 CHAPTER III: LAW AND ITS APPLICATION
A. Court’s Duty to Decide Every Case
“No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of
the laws.” – Art. 9, NCC
o Guides for when the law is silent, obscure or insufficient:

1. Customs which are not contrary to law, 3. Legal opinions of qualified writers and
public order or policy professors
2. Court decisions, foreign or local, in similar 4. General principles of justice and equity
cases 5. Rules of statutory construction
o Nulla Poena Sine Lege – if there is no law, therefore, which punishes an act complained of, judge must
dismiss the case.
B. Interpretation of Laws
“In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body
intended right and justice to prevail.” – Art. 10, NCC

o Basic Rules of Interpreting of Laws

1. When the law and its meaning is clear and unmistakable, there is no need to interpret any further
2. When the construction or interpretation is necessary, the court should interpret the law according to
the meaning the legislature intended to give it.
3. If there are two possible interpretations of a law, that which will achieve the neds desired by
Congress should be adopted.
4. Laws of pleading, practice and procedure are likely liberally construed in order to promote their
object and to assist the parties in obtaining just, speedy and inexpensive determination of every action
and proceeding
5. In case of doubt in the interpretation and application of laws and when all other rules of statutory
construction fail, it is presumed that the law-making body intended right and justice to prevail.
C. Application of Laws
o The court should discover the real intent and purpose of the legislature in applying the law.
o The court must carry out the clear intent and purpose of the law, otherwise, extrinsic aids may be used as
guide if intent and purpose cannot be discovered within the law.

D. Statutory Construction, Its Concept, Purpose and Effect

o The act or process of discovering and expounding the meaning and intention of the authors of the law with
respect to its application to a given case, where that intention is rendered doubtful, among others, by reason
of the fact that the given case is not explicitly provided for in the law.

E. Construction Distinguished from Interpretation

General Rule: One must interpret first before he construes
1. Interpretation – makes use of intrinsic aids or the found in the statute itself
2. Constructs – makes use of extrinsic aids or those found outside of the written language of the law
F. Necessity of Interpreting and Constructing
1. The language of the statute is ambiguous, doubtful or obscure when taken in relation to a set of facts
2. Reasonable minds disagree as to the meaning of the language use in the statute.
 When the law speaks in clear and categorical language, the duty of the court in such case is to apply the
law, not to interpret it.
G. Who Interprets the Law and Who Determines Legislative Intent
 The interpretation of the law made by lawyers, policemen, arbiters, administrative boards and agencies,
the government as well as private executives are not necessarily conclusive nor can they bind the courts.
 The judiciary has the task od ascertaining the significance of a constitutional or statutory provision, an
executive order, a procedural or municipal ordinance. It does so with finality through the highest judicial
organ, the Supreme Court.
 The Supreme Court’s decision is definite and authoritative, binding on those who occupy the lower ranks
in the judicial hierarchy.

H. The Letter of the Law and the Spirit of the Law

o When the language of the law is clear and unequivocal, then the law is read to mean exactly what it says
and the duty of the court id to apply it. If not, look for the intention of the legislature.
o In case of doubt in the interpretation or application of the law, it is presumed that the lawmaking body
intended right and justice to prevail.
I. Aids in the Interpretation and Construction
1. Use of Intrinsic and Extrinsic Aids
A. Intrinsic Aids
(1) Title – expresses the subject matter of the law which can help in construction of statutes but is not
controlling and not entitled too much wait.

(2) Preamble – part of the statute following the title and preceding the enacting clause which states the
reasons or the objectives of the enactment. It cannot enlarge or confer powers, or cure inherent defect in the
statute.

(3) Words, Phrases and Sentence Context – intention of the legislature must primarily be determined from
the language of the statute and such language consists of the words, phrases and sentences therein. The
meaning of the law must be taken from the general consideration of the acts as a whole and not from any
single part, portion or section or from isolated words and phrases, clauses or sentences used.

(4) Punctuation – if the punctuation of the statute gives it a meaning which is reasonable and in apparent
accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of
the words thus punctuated.

(5) Headings and Marginal Notes – if the meaning of the statute or text is clear, it will prevail over the
headings, especially if the heading has been prepared by the compilers and not by the legislature.

(6) Legislative Definition and Interpretation

 Rules on Construction of Laws Followed by Courts
 a) If a law provides that in case of doubt it should be construed or interpreted in a certain manner, the
courts should follow such construction
b) The legislative meaning will prevail over the interpretation clauses in case of conflict between the two.
c) A term is used throughout the statute in the same sense in which it is first defined.
d) Legislative definition of similar terms in other statutes may be resorted except where a particular law
expressly declares that its definition therein is limited in application to the statutes in which they appear.

B. Extrinsic Aids
(1) Contemporaneous Circumstances - conditions existing at the time the law was enacted and, thus,
constitute as the reason why the law was enacted, hence, the interpreting the law should place himself in the
position and circumstances of those who used the words in question.
a) History of the times and conditions existing at the time the law was enacted
b) Previous state of the law
c) The evils sought to be remedied or corrected by the law
d) The customs and usages of the people
(2) Policy – may enlighten the interpreter of the law as to the intention of the legislature in enacting the same.
The conditions, the prevailing sentiment of the people, the policy of the State and the executive order issued
by the Office of the President preceding the legislative enactment will throw light upon the intention of the
legislature in enacting the law.
(3) Legislative History of the Statute – may be found in reports of legislative committee, in the transcript of
stenographic notes taken during a hearing, legislative investigation, or legislative debates.
 Personal opinions of some legislators are not appropriate aids of construction, however, if there is
unanimity among the objective sought to be accomplished, the debates may then be used as evidence
of the purpose of the act.
(4) Contemporaneous and Practical Construction – the understanding and application of the law of those
who lived at or near the time when the law was passed are to be given considerations by the court because they
were more acquainted with the conditions and the reasons as to why that law was enacted.
(5) Executive Construction
 Rules on Interpretation of Laws
a) Congress is deemed to have been aware of the contemporaneous and practical construction made by the
officers charged with the administration and enforcement of the law.
b) The courts should respect that contemporaneous construction except if it is clearly erroneous
c) Executive construction has more weight if it rendered by the Chief Legal Adviser of the government
who can issue opinions to assist various departments of the government charged with the duty to
administer the law. The opinion of the Chief Legal Adviser is subservient to the ruling of the
Judiciary which is in charge of applying and interpreting the laws.
(6) Legislative Construction – cannot control as against the courts prerogative to decide on what is the
right or wrong interpretation.
(7) Judicial Construction – it is presumed that the statute was enacted in the light of the judicial
construction that the prior enactment had received.
Statutes adopted from another state is presumed that it was adopted with the construction placed upon it by
courts of that state. Said construction should be followed only if it is reasonable, in harmony with justice
and public policy and consistent with the local law.
The judicial interpretation of a statute constitutes part of the law as of the date it was originally passed, since
the Court’s construction merely establishes the contemporaneous legislative intent that the interpreted law
carried into effect. Such judicial doctrine does not amount to the passage of a new law but consists merely
of a construction or interpretation of a pre-existing one.
(8) Construction by the Bar and Legal Commentators – opinions and commentaries of text writers and
legal commentators, whether they are Filipinos or foreigners, may also be consulted as, in fact, they are
often times cited or made references in court decisions.

CHAPTER IV: THE LEGAL PROFESSION AND THE QUALIFICATIONS AND PROCEDURE
FOR ADMISSION TO THE PRACTIVCE OF LAW

I. Qualifications for Admission

i. Requirement Before Admission to the Bar
one must be admitted to the bar by complying with
a) Citizenship – must be a Filipino Citizen
b) Age – must atleast be 21 years of age
c) Residence – must be a resident of the Philippines
d) Education Qualification
1. must have completed a four-year high school course – a perquisite to a bachelor’s degree in
arts or sciences
2. must have completed a bachelor’s degree with any of the following subjects as major or field
of concentration.
 Political Science
 Logic
 English
 Spanish
 History
 Economics
3. Must have completed a Bachelor of Laws degree in a law school or university approved and
recognized by the Secretary of Education
e) Moral and Other Qualification – must be of good moral character, and that no charges against
him involving moral turpitude have been or are pending in any court in the Philippines
f) Bar Examination – must pass the bar examinations obtaining a general average of 75% in any
subject – Civil Law:15%,
Labor and Social Legislation: 10 %,
Political and International Law: 15%
Taxation: 10%,
 Remedial Law: 20%
Legal Ethics and Practical Exercises: 5%
g) Oath – must take the lawyer’s oath before the Supreme Court
h) Attorney’s Roll – must sign the roll of attorney’s and receive from the Clerk of Court of the
Supreme Court a certificate of the license to practice

ii. Requirement After Admission to the Bar

The said requirements are imposed to see to it that those who are admitted to the practice of law are
mentally and morally fit to discharge their duties to their clients, to the courts, and the public in
general
a) Must be a member of the Integrated Bar of the Philippines
b) Must regularly pay all IBP dues and other lawful assessment
c) Must observe faithfully the rules and ethics of the profession
d) Should be subject to judicial disciplinary control

II. Procedure for Admission to the Practice of Law