PERSONS – 09/24/2020 Human law may also be divided into

LAW  Substantive Law – creates or defines rights,

 General/Abstract Sense – science of moral
rules, founded on rational nature of man
(derecho)
 Specific Sense – rule of conduct, just, obligatory
(ley)
duties, obligation, and causes of action that can
be enforced by law
 Remedial or adjective law – that branch of law
which prescribes the method of enforcing rights
or obtaining redress for their invasion.

Legal Positivism vs. Natural Law
 Natural Law – law is set of truths about
morality and justice; without aid of human
reason
 Legal Positivism – depends of source; laws are
simply rules that come from certain people in
accordance with certain procedures
Characteristics of Law
1. Rule of Human Conduct
2. Obligatory
3. Promulgated by Authority
4. General observance
Law and Morals
- Have a common ethical basis and spring from the
same source
-Law has a legal sanction; can be enforced by public
authority
-the field of morals is more extensive
Combining the two categories, we can have:
 Public substantive law – The Constitution,
Revised Penal Code
 Private substantive law – Civil code of the Phils
 Public Remedial law – 2000 Rules of Criminal
Procedure
 Private Remedial law – Revised Rules of Civil
Procedure
Kinds of Specific Law
 Mandatory – commands something be done
 Prohibitory – commands that something should
be done
 Permissive – permits something to be done
Definition of Civil Law
Civil Law

Because something is legal does not make it moral.  That branch of law which has for its double
purposes the organization of the family and the
The law, in its majestic equality, forbids rich and poor regulation of property
alike to sleep under bridges, to beg in the streets, and  The mass of precepts which determine and
to steal bread. regulate the relations of assistance, authority
and obedience among the members of a family,
and those which exists among members of a
General Divisions of Law society for the protection of private interests

Human law may be divided into: Civil Law vs. Common Law
 Common law system (80 countries) – UK, USA,
General or public law Canada, India; Civil Law system, (150 countries)
 International law – France, Spain, rest of Europe, Philippines;
 Constitutional law Islamic System – 3 great law systems
 Administrative law Main Difference
 Criminal law  In common law countries, case law - in the form
 Religious law of published judicial opinions – is of primary
Individual or private law importance – judges make the law
 Civil law  In civil law systems, codified statutes
 Mercantile law predominate; legislature makes the law
 Judge Vitug: If the law needs to be changed, the
change comes from the judiciary (Common Law
 countries); change comes from legislation (Civil
Law countries)

EFFECT AND APPLICATION OF LAWS

ART 1 – “This Act shall be known as the Civil Code of
the Philippines”
 60% of the Civil Code came from the Spanish
Civil Code (with changes)
 Changed because we needed to reflect Filipino
customs, values, and traditions

ART 2 – “Laws shall take effect after fifteen days

following the completion of their publication either in
the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise
provided”
 Lapsed into law – either approved or vetoed by
the president
 General Rule: the law takes effect on the date
provided for by the law, a law will provide for its
own effectivity – most of the time
 Part Statute: Title, Definitions, Body, Repealing
Clause, Effectivity Clause
o Checked by Style Committee
 Article 2 applies if the law fails to provide for its
own effectivity
 1986 – President Aquino amended to include
newspapers of general circulation
 Official Gazette – official publication of the
Republic of the PH
o Contains laws, decided cases, rules and
regulations
 No law is going to be effective without
publication – due process = fairness
 Publication = Make known to the people