INTRODUCTION TO LAW

THE GENERAL NATURE OF LAW

Meaning of law in general.

In its widest and most comprehensive sense, the term

law means any rule of action or any system of uniformity.

Thus, law, in general, determines not only the activities

of men as rational beings but also the movements or motions

of all objects of creation, whether animate or inanimate.

General divisions of law.

Law, as above defined, may be divided into two (2)

general groups:

(1) Law (in the strict legal sense) which is promulgated

and enforced by the state; and

(2) Law (in the non-legal sense) which is not promul-

gated and enforced by the state.

The first refers to what is known as the state law while

the second includes divine law, natural law, moral law, and

physical law. (see M.J. Gamboa, Introduction to Philippine

Law, 6th ed., p. 3.)

Subjects of law.

State law, divine law, natural law, and moral law are

comprised in the definition of law as a rule of action. They

apply to men as rational beings only. On the other hand,

physical law operates on all things, including men, without

It is called law only figuratively speaking.

Before proceeding with the discussion of state law, let

us first dispose of those laws with which the state is not

directly concerned.

Divine law.

Divine law is the law of religion and faith which con-

cerns itself with the concept of sin (as contrasted with crime)

and salvation.

(1) Source.- It is formally promulgated by God and

revealed or divulged to mankind by means of direct revela-

tion.

(a) Under the Old Testament, divine law is

embodied in the Ten Commandments. It is believed by

Christians that these laws were formally given by God

through Moses, the great Hebrew prophet and leader.

(see C. Pascual, Legal Method, 2nd ed., pp. 7-8.)

(b) Of course, divine law differs according

to what one believes to have been established and

communicated to mankind by revelation. Thus, to the

Mohammedans, divine law is embodied in the Muslim

Quoran.

(2) Sanction. - The sanction of divine law lies in

the assurance of certain rewards and punishments in the

present life or in the life to come. (Clark, Elementary Law,

Р. 5.)

Natural law.

Natural law may then be defined as the divine inspiration

in man of the sense of justice, fairness, and righteousness,

not by divine revelation or formal promulgation, but by

internal dictates of reason alone.

(1) Binding force.

binding on all men everywhere and at all times, There is

Natural law is ever present and

in every man a basic understanding of right and wrong

based on an understanding of the fundamental standard

or criterion of good and evil. In other words, there are

some acts or conduct which man knows in his heart and

his conscience, not by theorizing, but by the dictates of his

moral nature, are simply good or bad or evil.

Thus, we know that killing for the sake of killing or

stealing for the sake of stealing is bad or evil because it is

contrary to what we believe is just, fair or righteous. When

we speak of this inward instinct of justice, fairness and

righteousness in man as divinely inspired by the dictates

of his higher nature, we are talking about natural law or the

law of nature. (see C. Pascual, The Nature and Elements of

the Law, 1954 ed., pp. 9-10.)

(2) Compared to divine law.

divine law are very similar, they are not, however, the same.

Divine law, as the law of religious faith, is made known

to man by means of direct revelation. On the other hand,

natural law is said to be impressed in man as the core of his

higher self at the very moment of being or, perhaps, even

before that. (see C. Pascual, Legal Method, 2nd ed., p. 111.)

While natural law and

(3) Place in state law. -Natural law has been regarded

as the reasonable basis of state law.

Moral law.

When we talk of moral law, we are speaking of the

totality of the norms of good and right conduct growing

out of the collective sense of right and wrong of every

community.

(1) Determination of what is right and wrong. -– "At a

comparatively early stage of their existence human beings

learned that it was good for the welfare of the group that the

privilege to determine what is right and what is wrong was

not left to each member of the group. The mores or ways of

life were then evolved which were always considered right and correct, and obedience to them was
demanded by the group."

Sanction. - As distinguished from state law, there is no definite legal sanction (punishment imposed by
law like imprisonment and / or payment of fines or damages) for violation of purely moral law. "If a
member of the community disregards the moral norms, a spontaneous social reaction is produced in the
form of public displeasure, contempt or even indignation. If, on the other hand, there is conformity to
the moral norms, there is created spontaneoussocialresponse which may be in the form of public
pleasure, approval or even joy." (see C. Pascual, The Nature and Elements of Law, 1954 ed ., p. 16.)

Binding force. - Moral law is not absolute. It varies with the changing times, conditions or convictions of
the people. For example, polygamy is considered immoral (it is also a crime) in the Philippines, whereas,
it is allowed in some parts of the world. Today's fashions in women's dress are socially allowed but at
different times, they would have been morally condemned.

Place in state law. - Moral 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. They are known as the laws of physical science or
physical law." (Ibid .,

p. 19.)
Order or regularity in nature. - A law of physical science, being addressed to objects which have
nopower to disobey, is in reality nothing more than an order or regularity in nature by which certain
results follow certain causes. (Clark, Elementary Law, p. 34.)

Called law only by analogy. - In other words, this order or regularity is called law only by analogy.
"Examples of physical law are many. The more conspicuous ones are the law of gravitation and the law
of chemical combination." (see C. Pascual, Legal Method, 2nd ed ., p. 13.)

State law.

The kind of law, however, which particularly concerns us in this work is the state law or the law that is
promulgated and enforced by the state.

Other terms used. - This law is also called positive law, municipal law, civil law, or imperative law. It is
the law that we refer to when we speak of law in connection with obligations and contracts, marriage,
the administration of justice, the conduct of elections, and the entire governmental process itself.

Binding force. - As a rule of action, only state law is enforced by the state, with the aid of its physical
force, if necessary.

Concern of state law. - The fields of state law are different from those of divine law, natural law, and
moral law. State law does not concern itself with violations of the latter rules of action unless they also
constitute violations of its commands. A full examination of divine law properly belongs to the fields of
philosophical theology; of natural law, to metaphysics; of moral law, to ethics; and of physical law, to
physical science or physics. (M.J. Gamboa, op. cit .,

p. 5.)

Leaving aside these topics, we proceed now with the consideration of state law.

Conceptsof (state) law.

The term law may be understood in two (2) concepts: in the general or abstract sense, and in the
specific or material sense.

(1) In its general sense, the term refers to all the laws taken together. It may be defined as "the mass of
obligatory rules established for the purpose of governing the relations of persons in society." (see A.
Tolentino, Civil Code of the Philippines, 1953 ed ., Vol. 1, p. 1.) Examples of the use of law in this sense
are: "law of the land," "rule of law and not of men," "equality before the law," "enforcement of the law,"
etc.

(2) In its specific sense, the term has been defined as "a rule of conduct,just, obligatory, promulgated by
legitimate authority, and of common observance and benefit."(I Sanchez Roman 3.) It has this second
connotation when we refer to a particular statute or legal rule, e.g ., the law on obligations and
contracts.

Characteristics of law.

The characteristics of law (in its specific sense) are:

It is a rule of conduct. - Law tells us what shall be done and what shall not be done. As a rule of human
conduct, law takes cognizance of external acts only;

It is obligatory. - Law is considered a positive command imposing a duty to obey and involving a sanction
which forces obedience;

It is promulgated by legitimate authority. - In a democratic country, like the Philippines, the legitimate or
competent authority is the legislature. Under the Constitution, laws called "statutes" are enacted by
Congress which is the name of the legislative branch of our government; local government units are also
empowered to enact ordinances which have the binding forceoflaws;and

It is of common observance and benefit. - Law is intended by man to serve man. It regulates the
relations of mentomaintain 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.

What would life be without law? If we can answer this question, we can answer the more basic question
of whether law is necessary. If life without law would be the same as it is now, obviously law is not
necessary.

Society comes into existence because its members could not live without it. 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. (see F. Pollack, A First Book on Jurisprudence, 5th ed ., p. 6.)

What does law do? It has been said that law secures justice, resolves social conflict, orders society,
protects interests, controls social relations. Life without basic laws against theft, violence, and
destruction would be solitary, nasty, brutish, and short. Life without other laws such as those regulating
traffic, sanitation, employment, business, redress of harm or of broken agreements, etc. - would be less
orderly, less healthful, less wholesome, etc. (see Howard and Summers, Law, Its Functions, and Its
Limits, 1965 ed ., pp. 35-37.)

What is our duty as members of society? No society can last and continue without means of social
control, without rules of social order binding on its members. The sum of such rules as existing in a given
society, under whatever particular forms, is what, in common speech, we understand by law or is also
referred to as the legal system. Since we find law necessary, every citizen should have some
understanding of law and observe it for the common good.

Sources of law.

The principal sources of law in the Philippines are the Constitution, legislation, administrative rules and
regulations, judicial decisions, and customs.

Constitution. - With particular reference to the Constitution of the Philippines, it may be defined as "the
written instrumentbywhichthefundamentalpowersof 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." (see Malcolm & Laurel, Phil. Constitutional

Law, 1936 ed ., p. 6.)

It is often referred to as the fundamental law or supreme law or highest law of the binding land on
because all individual it is promulgated citizens and by theall peopleagencies themselves, of the
government. the legislature It (as is the well law as to administrative which all otheror

laws enacted by executiveacts, ordersandregulationshaving the force of law) must conform. This means
that laws which are declared by the courts to be inconsistent with the Constitution shall be void and
thelatter shall govern. (see Art. 7, Civil Code.)

Legislation. - It consists in the declaration of legal rules by a competent authority. (Salmond,

Jurisprudence, 9th ed ., p. 209.) It is the preponderanteource of law in the Philippines. Acts passed by
the legislature are so-called enacted law or statute law. Legislation includes ordinances enacted by local
governments units.

Administrative or executive orders, regulations, and rulings. - They are those issued by administrative
officials under legislative authority. Administrative rules and regulations are intended to clarify or
explain the law and carry into effect its general provisions. Administrative acts are valid only when they
are not contrary to the laws and Constitution. (Art. 7, Civil Code.)

Judicial decisions or jurisprudence. - The decisions of the courts, particularly laws or the the Constitution
Supreme Court, form applying part of theor

interpreting the legal system of the Philippines. (Art. 8, Ibid.) The decisions a superior court on a point of
law are binding on allsubordinate courts. This is called the doctrine of precedent or stare decisis.

The Supreme Court, however, may reverse or modify any of its previous rulings. Until then, the decisions
of the Supreme Court applying or interpreting the laws or the Constitution are "laws" by their own right
because they declare what the laws say or mean. Unlike rulings of the lower courts, which bind the
parties to specific cases alone, its judgments are applied to all. (Phil. Veterans Affairs Office vs. Segundo,
164 SCRA 365.)

(5) Custom. - "It consists of those habits and practices which through long and uninterrupted usage have
become acknowledged and approved by society as binding rules of conduct." It has the force of law
when recognized and enforced by the state. (M.J. Gamboa, op. cit ., p. 15.) For instance, in a contract for
services rendered where no definite compensation is stipulated, the compensation to be paid may be
ascertained from customs and usages of the place. (see Smith vs. Lopez, 5 Phil. 78.)
A custom must be proved as a fact according to the rules of evidence. (infra.) (Art. 12, Civil Code.) It may
be applied by the courts in the absence of law or statute exactly applicable to the point in controversy.
But customs which are contrary to law, public order or public policy are not countenanced. (Art. 11,
Ibid.)

(6) Other sources. - To the above may be added principles of justice and equity, decisions of foreign
tribunals, opinions of textwriters, and religion. They are, however, only supplementary, that is, they are
resorted to by the courts in the absence of all the other sources. They are, however, notbinding on the
courts. (Ibid ., pp. 11, 14.)

Rule in case of doubt in interpretation or application of laws.

Our Civil Code provides that "no judge or court . shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws." (Art. 9, Civil Code.) "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, Ibid.)

In our country, courts are not only courts of law but also of justice. Faced with a choice between a
decision that will serve justice and another that will deny it because of a too strict interpretation of the
law, courts must resolve in favor of the former, for the ultimate end of the law is justice. (Pangan vs.
Court of Appeals, 166 SCRA 375.) This is particularly true where what is at stake is the life, liberty, or
property of an individual, and more so if he is poor or disadvantaged.

Organs of social control.

Law is not an end in itself. It may be viewed as a means of social control - the control of social behaviour
that affects others. (Howards and Summers, op. cit ., p. 38.)

In modern pluralistic societies, there are many organs of social control. For instance in the Philippines, in
addition to legal institutions - national and local - there are churches, corporations, political parties,
trade associations, schools, labor unions, professional organizations, social clubs, families, and host of
others. Such organizations, through rules, regulations and orders, control some of the behavior of their
members.

Law compared with other means of social control.

There are several basic differences between social control through law and control through other
methods, to wit:

(1) Laws are made and administered by the only institutions in society authorized to act in behalf of the
entire citizenry. Churches, for example, act only for their members;

Only the legal institutions within the society can make rules, regulations and orders with which the
entire citizenry must comply. The rules, etc ., of social and economic organizations, for example, govern
only limited numbers;

People associated with an organization can ordinarily terminate their relationship and thereby free
themselves from the impact of its rules and regulations. Citizens of a state, however, cannot do this
unless they choose to leave the geographical area in which the state is sovereign;

The sanctions or techniques of control through law are more varied and complex than the techniques
available to organizations such as churches, labor unions, and political parties. Expulsion is usually the
most powerful technique available to such organizations to secure compliance with their rules, etc. For
the employee, it is the loss of his job.

Aside from imprisonment and deportation, there are many other sanctions available to the law,
including denial orrevocation of license, confiscation of property, imposition of civil liability for certain
kind of conduct, dissolution of organizations, and denial of privileges. A sanction is remedial if the object
is the indemnification of the person who has suffered damages or injury from a violation of law, and
penal if the object is the punishment of the violator; and (5) Before the law "operates" against an
individual, various procedural steps are required. Thus, the individual mustordinarily be given a hearing
and a fair opportunity to show why he should not, for example, be ordered to pay money to a claimant,
or be deprived of his liberty. Such steps are commonly referred to as "due process" of law.

Organs of social control other than those provided by law are generally not required to comply with
such procedures in acting against individuals except when their rules provide therefor. (Ibid ., pp. 43-44.)

Organization of courts.
Under the Constitution, the judicial power or the power to decide actual cases and controversies
involving the interpretation and application of laws, is "vested in oneSupremeCourt and in such lower
courts as may be

established by laws." (Art. VIII, Sec. 1 thereof.) The judiciary, composed of the courts, is one of the three
(3) main divisions of powerin our system of government.

Regular courts. - The Philippine judicial system consists of a hierarchy of courts resembling a pyramid
with the Supreme Court at the apex. Under present legislation, the other courts are: (a) one Court of
Appeals, (b) Regional Trial Courts sitting in the different provinces and cities, and (c) Metropolitan Trial
Courts in Metropolitan areas established by law; Municipal Trial Courts in cities not forming part of a
metropolitan area, and in municipalities; and Municipal Circuit Trial Courts in areas defined as municipal
circuits. Circuit courts exercise jurisdiction over two (2) or more cities and/ or municipalities.

The Supreme Court, the Court of Appeals, and the Regional Trial Courts are considered courts of general
or superior jurisdiction.

Special courts. - Aside from these courts, there is, under the Constitution, a special anti-graft court, the
Sandiganbayan. (Art. XI, Sec. 4 thereof.) 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.

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 ., and the independent
Constitutional Commissions (Civil Service Commission, Commission on Elections and Commission on
Audit) do not form part of the integrated

judicial system.

Their functions are described as "quasi-judicial" be-

cause they involve also the settlement or adjudication of

controversies or disputes.

Classifications of law.

The methods for classifying law are many. For our

purposes, it would be best to consider the main classifications

of law, first, as to its purpose, and second, as to its nature.

(1) As to its purpose:

(a) Substantive law or that portion of the body of

law creating, defining, and regulating rights and duties

which may be either public or private in character.

An example of substantive private law is the law on

obligations and contracts; and

(b) Adjective law or that portion of the body of

law prescribing the manner or procedure by which

rights may be enforced or their violations redressed.

Sometimes this is called remedial law or procedural law.

The provision of law which says that actions for the

recovery of real property shall be filed with the Regional

Trial Court of the region where the property or any

part thereof lies, is an example of private adjective law.

Rights and duties are useless unless they can be

enforced. It is not enough, therefore, that the state regulates

the rights and duties of all who are subject to the law; it

must also provide legal remedies by which substantive law

may be administered. Hence, the need for adjective law.

The adjective law in the Philippines is governed by the

Rules of Court promulgated by the Supreme Court and by

special laws.

(2) As to its subject matter:

(a) Public law or the body of legal rules which regulates the rights and duties arising from the rela-

tionship of the state to the people.

An example of public law is criminal law, the law

which defines crimes and provides for their punish-

ment. In legal theory, when a person commits a crime,

he violates not only the right of the individual victim

but primarily that of the state because the crime dis-

turbs the

and order of the state.

peace

Also included are: international law or that law

which governs the relations among nations or states;

constitutional law or that which governs the relations

between the state and its citizens; it establishes the

fundamental powers of the government; administrative

law or that which governs the methods by which

the functions of administrative authorities are to be

performed; and criminal procedure or that branch of

private law which governs the methods of trial and

punishment in criminal cases; and

(b) Private law or the body of rules which

regulates the relations of individuals with one another

for purely private ends. The law on obligations and

contracts comes under this heading because it deals

with the rights and obligations of the contracting

parties only. The state, however, is also involved in

private law; it enforces private law but simply as an

arbiter and not as a party. (see M.J. Gamboa, op. cit.,

p. 98.)

Included in private law are civil law, commercial

or mercantile law, and civil procedure. Civil procedure

is that branch of private law which provides for the

means by which private rights may be enforced.

Law on obligations and contracts.

defined.
"The law of obligations and contracts is the body of rules

which deals with the nature and sources of obligations and the rights and duties arising from
agreements and the

particular contracts." (Ibid.; see Art. 1307.)

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 law, we refer to the

law found primarily in our Civil Code.

The Civil Code of the Philippines is based mainly on

the Civil Code of Spain which took effect in the Philippines

on December 7, 1889. (Mijares vs. Neri, 3 Phil. 196.) It was

approved as Republic Act No. 386 on June 18, 1949 and took

effect on August 30, 1950. (Lara vs. Del Rosario, 94 Phil.

778.)

It is divided into four (4) books.

Civil Code provisions on obligations

and contracts.

Book IV of the Civil Code deals with obligations

and contracts. The general provisions on obligations are

contáined in Title I, Articles 1156-1304, while those on

contracts, in Title II, Articles 1305-1422. The general rules of

law governing contracts are also applicable to the particular

kinds of contracts (like sale, agency, partnership, barter, etc.)

in addition to the special provisions of law governing each

type of contract.

Book IV also contains new provisions dealing with

natural obligations which are found in Title III, Articles

1423-1430.
Conclusive presumption of knowledge

of law.

Ignorance of law excuses no one from compliance

therewith. (Art. 3, Civil Code.)

"Everyone, therefore, is conclusively presumed to know the law." This presumption is far from reality
but it has been established because of the obligatory force of law.

The following reasons have been advanced for this presumption:

If laws will not be binding until they are actually known, then social life will be impossible, because most
lawscannot be enforced due to their being unknown to many;

It is almost impossible to prove the contrary when a person claims ignorance of the law;

It is absurd to absolve those who do not know the law and increase the obligations of those who know
it; and

In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason indicates
many times what we have to do and in more complicated juridical relations, there are lawyers who
should be consulted (A. Tolentino, op. cit ., pp. 18-19.); and

"Evasion of the law would be facilitated and the administration of justice would be defeated if persons
could successfully plead ignorance of the law to escape the legal consequences of their acts, or to
excuse non-performance of their legal duties. The rule, therefore, is dictated not only by expediency but
also by necessity." (Ibid ., p. 7; Zulueta vs. Zulueta, 1 Phil. 254.)

Thus, ignorance of the provisions of the law imposing a penalty for illegal possession of firearms, or
punishing the possession of prohibited drugs, does not constitute a valid excuse for their violation.