In reference to the COMMENTARIES AND JURISPRUDENCE ON THE CIVIL CODE

OF THE PHILIPPINES by Dr. Arturo M. Tolentino, Ph.B., D.C.L.,

the term law may be understood in two concepts: (1) abstract
sense, and (2) material sense.

In an abstract sense, law has been defined as "the study of moral norms
established on man's rational nature, which control his free action for
the attainment of individual and societal objectives of a demandable
and reciprocal character."

While in a material sense Law has been described as a "juridical

statement or an aggregation of juridical propositions issued and
published by the authorized institutions of the State in conformity with
the Constitution"

It is a social standard of human behavior created by a sovereign

organization and enforced for the mandatory adherence of everyone.

While in the excerpt of De Leon's Obligation and Contracts, he defined

these as the division of law as nonlegal sense which is not promulgated
and enforced by the state that refers to the divine law, natural law,
moral law, and physical law, and legal sense which is
promulgated and is enforced by the state that refers to what is known
as the state law.

Although state law is in the division of legal sense; moral law, natural
law, and divine law can be put under the same category as the state law.
This is because the latter is the same as the others, for they are
comprised in the definition of law as a rule of action. What do I mean
by that? It means that these four, although one is promulgated and
the others are not, apply to rational beings only.

Physical law, on the other hand, operates on all

things, including men, WITHOUT regard to the latter's use of their
willpower and intelligence. It is called law only figuratively speaking.

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CUSTOM - It consist of those habits and practices which through long and
uninterrupted usage have become acknowledged and approved by society as
binding rules of conducts. It has the force of law when recognized and
enforced by the state to the above may be added principles of justice and
equity, decisions of foreign tribunals, opinions of tax writers, and
religion.
In a very specific explanation, it can be said that it is the
society's tradition.

For example, sa atin, we are only allowed to have one spouse but ang mga
muslims, they can have more than one spouses, and they are not liable or
violating any law. Why? It's because it is their traiditon, their custom.

Another example is in the Province of Benguet, they allow cultural use

dog meat by indigenous people and acknowledges this might lead to limited
commercial use. However, under Republic Act No. 8485, the killing of dogs as
a livestock animal has been banned in the Philippines since 1998,
however, it is with the exemptions for dogs killed and eaten as part of
indigenous rituals.

COURT DECISION - The decisions of the court, particulary the supreme

court applying or interpreting the laws of 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 the
doctrine of precedent or stare decisis, which was elaborated by
Ms. Castillo earlier.

And although, we use it as a basis, we must remeber that judicial decisions

are only a part of legal system in the Philippines, and that they are not laws.

Hence, if an erroneous decisions or those found to be contrary to law, must not be

perpetuated. It should be disregarded.