Law - Law has been defined as “a body of rules of action or conduct prescribed by a controlling

authority, and having binding legal force. That which must be obeyed and followed by citizens
subject to sanctions or legal consequence is a law.” if we violate one of the Laws we will be
getting punished.
General Divisions of law- 1. Law promulgated by state; 2. law NOT promulgated by state
Law promulgated by state-
•Law is a rule of conduct→
. It is a rule of conduct - law tells us what shall be done and what shall not be done.
•Law is obligatory→
. It is obligatory - law is considered a positive command imposing a duty to obey and involving a
sanction which forces obedience.
•Law is promulgated by legitimate authority→
It is promulgated by legitimate authority - laws are enacted by congress, the legislative branch
of the government.
•Law is of common observance and benefit→
4. It is of common observance and benefit - it regulates the relations of men to maintain
harmony in society and make order and co-existence possible
4 Subjects of law
Divine law, natural law, moral law, physical law
Divine law,
Divine law is any law that comes directly from the "will of God" in contrast to man-made law.
1.Thou shall not make idols.
2. Thou shall have no other gods before Me.
3. Thou shall not kill.
4. Honor thy father and thy mother.
5. Remember the Sabbath day, to keep it holy
NATURAL LAW
IS A theory in ethics and philosophy that says that human beings possess intrinsic values that
govern our reasoning and behavior.
This maintains that these rules of right and wrong are inherent in people and are not created by
society or court judges.
NATURAL LAW For example, acts of violence, like murder, work against people's natural
inclination to live a good and innocent life. ... Even if someone is, say, armed and breaking into
another person's home, under natural law the homeowner still does not have the right to kill
that person in self-defense.
Compare Divine laws are those that god has, in HIS grace seen fit to give us and are those
mysteries those rules given by god wich we find in scripture for example THE TEN
COMMANDMENTS
State law refers to the law of a federated state, as distinguished from the law of the federation
of which it is a part. It is used when the constituent components of a federation are themselves
called states. Federations made up of provinces, cantons, or other units use analogous terms
like provincial law or cantonal law.
State law may refer to: State law (Australia) State law (Brazil)
State law (India)
State law (Mexico)
State law (Nigeria)
State law (United States)
State law (Venezuela)
Moral law is a system of guidelines for behavior. These guidelines may or may not be part of a
religion, codified in written form, or legally enforceable. For some people moral law is
synonymous with the commands of a divine being. For others, moral law is a set of universal
rules that should apply to everyone.
1. How should people determine what is right and wrong?
Listening to Your Conscience—
Ethical Knowledge It is the idea that we know the ethical value of right and wrong by
listening to our conscience. That still, small voice inside is what tells us whether something
is right or wrong.
2.SANCTIONED - Explanation:
Sanction has two main senses that are almost opposites: it can refer to authorizing or approving
something, or to penalizing or disciplining someone or something. Sanction can be used as a
verb (meaning to authorize or to penalize) or a noun (meaning approval or penalty). It is most
commonly used in official contexts.

EXAMPLE OF SANCTIONED:
- The government has sanctioned the use of force
3. Binding Force- changing times conditions or convictions to the other people
Polygamy- it is having more than one wife or husband at the same time.

4. Place in state law- moral law to a great extent influences or shape state law
The law permeates our lives, shaping both our behavior and our sense of right and
wrong, often in ways in which we are not aware. But, as law has a great impact on
society, so too does society have a great impact on law

Physical laws
-are typically conclusions based on repeated scientific experiments and observations over many years
and which have become accepted universally within the Science and society .

1.0rder of regularity in nature

Patterns in nature are visible regularities of form found in the natural world. These patterns
recur in different contexts and can sometimes be modelled mathematically. Natural patterns
include symmetries, trees, spirals, meanders, waves, foams, tessellations, cracks and stripes

2. Called law by an analogy- An analogy is something that shows how two things are alike, but with
the ultimate goal of making a point about this comparison.

An analogy is something that shows how two things are alike, but with the ultimate goal of
making a point about this comparison.The purpose of an analogy is not merely to show, but also
to explain. For this reason, an analogy is more complex than a simile or a metaphor, which aim
only to show without explaining. (Similes and metaphors can be used to make an analogy, but
usually analogies have additional information to get their point across.

State law
-state law refers to the law of a federated state, as distinguished from the law of
the federation of which it is a part. It is used when the constituent components of
a federation are themselves called states. Federations made up of provinces,
cantons, or other units use analogous terms like provincial law or cantonal law.

State law may refer to

State law (Australia)
State law (Brazil)
The term positive law refers to laws made by man that require some specific
action. These are statutes, codes, and regulations that have been enacted by a
legislature. By contrast, “natural law” refers to principles that are universal in
society, governing moral acts.
Examples of positive law include rules such as the speed that individuals are
allowed to drive on the highway and the age that individuals can legally purchase
alcohol. Ideally, when drafting positive laws, governing bodies would base them
on their sense of natural law.
2 Binding Force – only state law is enforced by the state with the aid of its
physical force, if necessary
3. Concern of State Law – does not concern with violations of divine,
natural, moral and physical law unless they also constitute violations of its
command.
Divine – philosophical theology
Natural – metaphysics
Moral – ethics
Physical – physical science or physic
CONCEPTS OF STATE LAW
1. General or Abstract Sense-
-All the laws are taken together
-“The mass of obligatory rules established for the purpose of
governing the relations of persons in society”
 -ex. Law of the Land, Rule of Law and not of Men, Equality before the Law,
Enforcement of the Law
2. Specific or Material Sense
-rule of conduct, just, obligatory, promulgated by legitimate authority, and
of common observance and benefit
-particular statute or legal rule

CHARACTERISTICS OF LAW
1. It is a rule of conduct
-What shall be done and what shall not be done
-Cognizance (grasp) of external acts only
2. It is obligatory
-Positive command imposing duty to obey and involving a sanction which
forces obedience
3. It is promulgated by legitimate authority
Legislature – competent authority in
PHStatues – laws enacted by Congress
Congress – legislative branch
local Government Units – enact ordinances
3. It is of common observance and benefit
- Intended by man to serve man
NECESSITY AND FUNCTIONS OF LAW
1. What would life be without law?
 -Life without laws and regulations would be a world that consists of chaos
amongst societies and unfairness, human rights would be affected and our
freedom would depend on the authorities of governments. Does this take
away our rights based on the State of nature?
2. What does law do?
is to preserve freedom and moral agency. » The rule of law ensures that judges
decide disputes in terms of existing known and general rules and not according to
the perceived desirability of particular outcomes.

3 What is our duty as members of society?

Community responsibilities are an individual duties or obligations to the
community and include cooperation, respect and participation.The concept
goes beyond thinking and acting as individuals to common beliefs about
shared interests and life. A basic community responsibility is voting in
elections.

SOURCES OF LAW
1. Constitution
-Fundamental Law, Supreme Law, Highest Law-
-Promulgated by people themselves and law to which all other laws enacted by
legislature must conform (if inconsistent = void)
-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
2. Legislation
-Enacted Law, Statute Law
-Declaration of legal rules by a competent authority
-Preponderant (greater) source of law in PH
-Also includes ordinances of LGUs
3. Administrative or Executive Orders, Regulations, and Rulings
-Issued by admin officials under legislative authority
-Clarify or explain the law and carry into effect its general provisions
4. Judicial Decisions or Jurisprudence
-Doctrine of the Precedent or stare decisis
-Decisions of the courts applying or interpreting the laws or the Constitution
form part of the legal system of PH
*precedent = example/model

5. Custom
- Habits and practices through long and uninterrupted usage have become
acknowledged and approved by society as binding rules of conduct
- Has force of law if recognized/enforced by state
-Must be proved as fact according to rules of evidence
-May be applied by courts in the absence of law or statute exactly applicable to
the point in controversy not contrary to the law
6.Other sources
-Principles of justice and equity, decisions of foreign tribunals, opinions of text
writers, religion
-Only supplementary and not binding on the courts

*Rule in case of doubt in interpretation or application of law

Civil Code no judge or court shall decline to render judgment by reason of

the silent obscurity(vagueness/doubt) or insufficiency of the laws
*Courts are courts of law and justice, ultimate end of law is justice
Organs of Social Control
Social Control – control of social behavior that affect other
Legal Institutions – churches, corporations, political parties, trade
associations, schools, labor unions, pro organizations, social clubs, families,
and hosts of others
Remedial Sanction – if object is the indemnification ofthe person who has
suffered damages or injury froma violation of law
Penal Sanction – object is the punishment of theviolator
Due Process – procedural steps, hearing and fair opportunity
ORGANIZATION OF COURTS
Judicial Power – power to decide actual cases and controversies
involving the interpretation and application of laws
Judiciary – composed of the courts, one of the three main divisions of power in
PH government
1. Regular Courts
2. Top 3 – Courts of General or Superior Jurisdiction
3. Special Courts
Sandiganbayan – special anti-graft court
Court of Tax Appeals – 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
-Settlement or adjudication of controversies or disputes
-National labor Relations Commission, SEC, LTFRB-Land Transportation
Franchising and Regulatory Board, Insurance Commission,
independent constitutional Commissions

CLASSIFICATIONS OF LAW
1. As to its purpose.
 a. Substantive Law- body of law creating, defining, and regulating rights
and duties which may be either public or private in character
ex. Law on Obligations and Contracts
b. Adjective Law- Remedial Law,
c. Procedural Law- prescribing the manner or procedure by which rights
may be enforced or their violations redressed-
d. ex. Actions for recovery of real property filled with Regional Trial
Court
2. As to its subject matter/nature
a. Public Law- body of legal rules which regulates the rights and duties
arising from the relationship of the state to the people
Criminal law – defines crimes and provides for theirpunishment, violates the
right of individual victim andstate because crime disturbs peace and order of the
state
International Law – among nations or states
Constitutional Law – fundamental powers of the government; between
citizens & state
Administrative Law – functions of administrative authorities
Criminal procedure – governs the methods of trial and punishment in criminal
case
b. Private Law - Regulates the relations of individuals with one anotherfor purely
private ends- state enforces private law as an arbiter and not as a party
Civil Law
Commercial or Mercantile Law
Civil Procedure – means by which private rights may been enforced
LAW ON OBLIGATIONS AND CONTRACTS-Deals with the nature and sources of
obligations and the rights and duties arising from agreements and the particular
contracts Civil Law – law primarily found in our Civil Code
CIVIL CODE OF THE PHILIPPINES REPUBLIC ACT NO. 386- Divided into four books
December 7, 1889 – Civil Code of Spain effect in PH
June 18, 1949 – approved as Republic Act No. 386
August 30, 1950 – took effect in PH
Book IV of the Civil Code
-Deals with obligations and contracts
Title I, Articles 1156-1304  Obligations
Title II, Articles 1305-1422  Contracts
Title III, Articles 1423-1430  Natural Obligations
Ignorance of law excuses no one from compliance therewith (Art. 3, Civil
Code