INTRODUCTION TO LAW
growing out of the collective sense of right and wrong
THE GENERAL NATURE OF LAW
Law means any rule of action or any system of
uniformity.
GENERAL DIVISIONS OF LAW
 Law ( in the strict legal sense)
which is promulgated and enforced by the
state.
Also known as State Law
 Law ( in the non-legal sense)
which is not promulgated and enforced by the
state
Ex. Divine Law, Natural Law, Moral Law &
Physical Law
SUBJECTS OF LAW
DIVINE LAW
The law of religion and faith which concerns itself with
the concept of sin and salvation
 Source – It is formally promulgated by God
and revealed or divulged to mankind by
means of direct revelation.
 Old Testament = Ten Commandments
 Mohammedans = Muslim Quoran
 Sanction – lies in the assurance of certain
rewards and punishments in the present life
or in the life to come.
NATURAL LAW
Divine inspiration in man of the sense of justice,
fairness and righteousness by internal dictates of
reason alone.
 Binding Force– natural law is ever present and
binding on all men everywhere and at all
times. Basic understanding of right and
wrong.
 Compared to Divine Law = Divine Law is made
known to man by means of direct revelation.
Natural law is said to be impressed in man as
the core of his higher self at the very moment
of being.
 Mohammedans = Muslim Quoran
 Place in State Law– reasonable basis of state
law.
MORAL LAW
The totality of the norms of good and right conduct
of every community.
 Determination of What is Right and Wrong–
The more or ways of life were then evolved
which were always considered right and
correct, and obedience to them was
demanded by the group.
 Sanction – spontaneous social reaction is
produced in the form of public displeasure,
contempt or even indignation.
 Binding Force– moral law is not absolute. It
varies with the changing times, conditions or
convictions of the people.
 Place in State Law – to a great extent,
influences or shapes state law.
PHYSICAL LAW
In the operation or course of nature, there are
uniformities of actions and orders of sequence
which are the physical phenomena that we sense
and feel.
 Order or Regularity in Nature– A law of
physical science, being addressed to
objects which have no power to disobey,
is in reality nothing more than an order or
regularity in nature by which certain
results follow certain causes.
 Called Law only by Analogy – this order or
regularity is called law only by analogy.
STATE LAW
The law that is promulgated and enforced by
the state.
 Other Terms Used– also called
positive law, municipal law, civil law
or imperative law.
 Binding Force – only state law is
enforced by the state
 Concern of State Law– it does not
concern itself with violations of the
latter rules of action unless they also
constitute violations of its commands.
Divine Law – Philosophical
Theology
Natural Law – Metaphysics
Moral Law – Ethics
Physical Law – Physical Sciences
or Physics
CONCEPTS OF (STATE) LAW
  General Sense
- the term refers to all the laws taken
together.
 Specific Sense
- a rule of conduct, just, obligatory,
promulgated by legitimate authority, and
of common observance and benefit.
CHARACTERISTICS OF LAW
1. It Is a rule of conduct
- Law tells us what shall be done and what
shall not be done
2. It is obligatory
- Law is considered a positive command
imposing a duty to obey and involving a
sanction which forces obedience.
3. It is promulgated by legitimate authority
 In a democratic country like the Philippines,
the legitimate or competent authority is the
legislature.
 Laws called “Statues” are enacted by Congress
which is the name of the legislative branch of
our government.
4. It is of common observance and benefit
 Law is intended by man to serve man.
 It regulates the relations of men to maintain
harmony in society and to make order and co-
existence possible. Law must, therefore, be
observed by all for the benefit of all.
Necessity and functions of law
3. What would life be without law?
- The need for internal order is as constant
as the need for external defense. No
society can be stable in which either of
these requirements fails to be provided
for.
4. What does law do?
- Law secures justice, resolves social
conflict, orders society, protects interests.
Controls social relations.
5. What is our duty as members of society?
- Every citizen should have some
understanding of law and observe it for
the common good.
SOURCES OF LAW
1. CONSTITUTION
 Constitution of the Philippines is 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.
 Often referred to as the fundamental law or
supreme law or highest law.
 This means that laws which are declared by
the courts to be inconsistent with the
Constitution shall be void and the latter shall
govern.
2. LEGISLATION
 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.
3. ADMINISTRATIVE OR EXECUTIVE ORDERS,
REGULATIONS AND RULINGS
 They are those issued by administrative
officials under legislative authority.
 Intended to clarify or explain the law and
carry into effect its general provisions.
4. JUDICIAL DECISIONS OR JURISPRUDENCE
 The decisions of the courts, particularly the
Supreme Court, applying or interpreting the
laws or the Constitution form part of the legal
system of the Philippines.
 The decisions of a superior court on a point of
law are binding on all subordinate courts this
is called Doctrine of Precedent or Stare
Decisis.
5. CUSTOM
 It consists of those habits and practices which
through long and uninterrupted usage have
become acknowledged and approved by
society as binding of rules of conduct.
6. OTHER SOURCES
 Principles of justice and equity, decisions of
foreign tribunals, opinions of text writers, and
religion.
 They are however, only supplementary.
n case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body
intended right and justice to prevail.
For the ultimate end of the law is justice.
Organization of courts
The judicial power or the power to decide actual cases
and controversies involving the interpretation and
application of laws, is vested in one Supreme Court
and in such lower courts as may be established by
laws.
3 main divisions: Regular Courts, Special Courts, and
Quasi-Judicial Agencies
 The judicial power or the power to decide
actual cases and controversies involving the
interpretation and application of laws, is
vested in one Supreme Court and in such
lower courts as may be established by laws.
 3 main divisions: Regular Courts, Special
Courts, and Quasi-Judicial Agencies
1. Regular Courts
The Philippine judicial system consists of a hierarchy
of courts resembling a pyramid with the Supreme
Court at the apex.
a. Court of Appeals
b. Regional Trial Courts sitting in different
provinces and cities
c. Metropolitan Trial Courts in Metropolitan
areas
d. Municipal Trial Courts in cities not forming
part of metropolitan area
e. Municipal Circuit Trial Courts in areas defined
as municipal circuits.
General or superior jurisdiction
A. SUPREME COURT
B. COURT OF APPEALS
C. REGIONAL TRIAL COURTS
2. Special courts
 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.
3. quasi-judicial agencies
 Administrative bodies under the executive
branch performing quasi-judicial functions,
like the National Labor Relations Commission,
the Securities and Exchange Commission,
Land Transportation Franchising and
Regulatory Board, Insurance Commission, etc.
 Their functions are described as “quasi-
judicial” because they involve also the
settlement or adjudication of controversies or
disputes.
 Code.
Classification of law
AS TO PURPOSE:
Substantive Law
- Portion of the body of law creating,
defining and regulating rights and duties
which may be either public or private in
character.
Adjective Law
- Portion of the body of law prescribing the
manner or procedure by which rights may
be enforced or their violations redressed.
- remedial law or procedural law
AS TO its subject matter:
Public Law
- Or the body of legal rules which regulates
the rights and duties arising from the
relationship of the state to the people.
- Ex. Criminal Law, International Law,
Constitutional Law, Administrative Law
and Criminal Procedure Law
Private Law
- Regulates the relations of individuals with
one another for purely private ends.
- Ex. Civil Law, Commercial Law, and Civil
Procedure
Law on obligations and contracts
 The law of obligations and contracts deals
with the nature and sources of obligations
and the rights and duties arising from
agreements and the particular contracts.
Civil Code of the Philippines
The law on obligations and contracts is found in
Republic Act No. 386, otherwise known as the Civil
Code of the Philippines.
When we speak of Civil LThe law on obligations and
contracts is found in Republic Act No. 386, otherwise
known as the Civil Code of the Philippines.
When we speak of Civil Law, we refer to the Civil
Code.
The General provisions on obligations are contained in
Title I, Articles 1156-1304, while those on contracts, in
Title II, Articles 1305-1422.aw we refer to the Civil
The General provisions on obligations are contained in
Title I, Articles 1156-1304, while those on contracts, in
Title II, Articles 1305-1422.

Conclusive Presumption of Knowledge of Law:

IGNORANCE OF LAW EXCUSES NO ONE FROM

COMPLIANCE THEREWITH.