INTRODUCTION TO LAW

TERMS DEFINITION REMARKS NOTES by me

Widest and most

comprehensive sense Determines only the
LAW in a Legal
the term law means any activities of men as a
Sense
rule of action or any rational being.
system of uniformity.
Law of religious faith
and concerns to itself
with the concept of sin
The system of rules
and salvation of death
which God laid down to
and life of the
DIVINE LAW govern the operations
temporal and eternal.
of the universe is called
divine law.
It is embodied under
the Old Testament in
the 10 commandments
Present and binding on
Defined as the divine all men everywhere
inspiration in man of and always. In other
the sense of justice, words, there is in every
fairness, and man a basic
NATURAL LAW righteousness, not by understanding of right
divine revelation or and wrong based on an
formal promulgation understanding of
but by internal dictates fundamental standards
of reason alone. or criteria of good and
evil.
Law is the totality of
There is no legal
social norms regulating
sanction (punishment
human activity growing
imposed by law like
out of the collective
MORAL LAW imprisonment or
consciousness or public
payment or fines or
sense of right and
damages) for violation
wrong every
of purely moral law.
community
PHYSICAL LAW Operation course of These are known as
nature, there is Physical law or
uniformity of action or Physical Science
order of sequence.
These uniformities and This class belongs the
order are so constant so-called law of
that they are completely gravitation and the
 depended upon with law of chemical
confidence and belief. combination.

CHARACTERISTIC OF STATE LAW

It is a form of social
control over the
behavior of
individuals in each
society. Without a rule
The law tells us what of conduct, there
shall be done and would only be chaos
1. It is a rule of what shall not be and confusion among
action or done. It mandates individuals, and even
conduct what is right and among nations. The
prohibits what is law is therefore
wrong. imperative for the
maintenance and
preservation of order
in society and for the
promotion of the
common good.
If it is not just, it
Law is enacted cannot command
following reason, is respect and
morally satisfactory, observance. Many
2. It is just
and applies equally to will antagonize it,
all persons in a thereby causing chaos
society. and
trouble in the society.
No evasion shall be
allowed for the proper
administration of
justice. That is why
the law has adopted
Law is obligatory
the
because everybody
3. It is legal maxim
shall be obliged to
mandatory or “Ignorantia legis
observe it, by
obligatory neminem excusat”, or
expediency
ignorance of
and necessity.
the law excuses no
one. This maxim
manifests the
obligatory
character of the law.
4. It is Law must be enacted In a democratic
 country, like the
Philippines, the
legitimate or
competent authority is
the legislature. Under
the Constitution, laws
called “statutes” are
by legitimate authority enacted by Congress,
promulgated so that the people which is the name of
by legitimate should become aware the legislative branch
authority of its existence and of our government.
binding force. Local government
units (e.g. cities,
municipalities, and
provinces) are also
empowered to enact
ordinances that have
the binding force of
laws
Laws should be
This recognizes applied not only to a
the famous Latin particular group of
5. It is ordained maxim of “Salus citizens. They are
for the Populi Est Supreme supposed to be
common Lex” – the applied equally to all
good. welfare of the people citizens regardless of
shall be the supreme their religion, political
law. persuasion, and status
in life.

NECESSITY AND FUNCTIONS OF LAW

If we can answer Society comes into

What would life this question, we existence because
be without law? can answer the its members could
more basic not live without it.
question of The need for
whether law is internal order is as
necessary. If life constant as the
without law were need for external
the same as it is defense. No society
now, obviously can be stable in
law is not which either of
necessary. these requirements
 fails to be provided
for.
Life without basic
laws against theft,
violence, and
destruction would
be solitary, nasty,
It has been said brutish, and short.
that law secures Life without other
justice, resolves laws – such as
What does the social conflict, those regulating
law do? orders society, traffic, sanitation,
protects interests employment,
and controls business, redress of
social relations. harm or broken
agreements –
would be less
orderly, less
healthful, and less
wholesome.
What is our No society can
duty as last and continue
members of without means of
society? 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.
This is called the
sanction of law. It
Whatever may be
consists of
the origin of law
penalties or evils
and whatever its
which the state
purpose, one
with the aid of
thing is clear –
physical force, if
that is, it
necessary, will
regulates, or
inflict on those
tends to regulate,
who violate the
human conduct.
law. A sanction is
IMPORTANCE But this cannot
penal if its object is
OF SANCTION be accomplished
to punish the
OF STATE by merely
offender and to
LAW defining or
deter men from
enumerating the
committing the
rules of conduct.
same offense; it is
There must be an
remedial if its
instrument of
object is the
coercion to
indemnification of
compel
the person who has
obedience to and
suffered
compliance with,
from the violation
these rules.
of the law.

CLASSIFICATIONS OF STATE LAW

I.According to whether a right is given, or merely the procedure for enforcement is laid down:

that which establishes

rights and duties.
Substantive law (Example: The
Revised Penal Code,
and the Civil Code.)
(b)Remedial
(procedural or
adjective) law – that
which prescribes the
Remedial Law manner of enforcing
legal rights and
claims. (Example: The
Revised Rules of
Court.)
II. According to force or effect:

Example of a
mandatory law. - A
– those which donation of real
commands either property must be in a
positively that public instrument to
something be be valid even as
done, or between the parties. If
performed in a not in writing, or
particular way merely in a private
(mandatory), or document, the
negatively that donation is void.
something be not (Article 749, Civil
done Code.)
(a) Mandatory (absolute, (prohibitive),
imperative) and/or leaving the
Prohibitive laws person concerned Example of a
no choice on the prohibitive law. –
matter except to The law prohibits the
obey. act of contracting a
Disobedience is second or subsequent
punished either marriage before a
by direct former marriage has
penalties or by been legally
considering an act dissolved. In such a
or contract void. case, the second
(See Article 5, marriage is bigamous
Civil Code) and considered void
by law. (Article 349,
Revised Penal Code)
(b) Directory (permissive those which Example of a
or suppletory) law merely outlines permissive law. – In
the act to be done the case of “hidden
in such a way that treasure,” the finder
no injury can gets 50% and the
result from owner of the land on
ignoring it, and which it is found gets
may be deviated 50%. (Article 438,
from, if the Civil Code). However,
individual so by agreement, the
desires. proportion can be
Considering the changed.
nature of a
 directory statute,
the
nonperformance
of what it
prescribes,
although
constituting in
some instances an
irregularity or
subjecting the
official concerned
to disciplinary or
administrative
sanction, will not
vitiate the
proceedings
therein taken.

III. According to the scope or content of the law:

The body of legal

rules regulates the
rights and duties
General or public law
arising from the
relationship of the
state to the people.
Example: –
In regulating
interactions between
It is that body of
States, international
general principles and
law, among others,
concrete rules that the
determines how a
States that are
State should treat
International law members of the
foreign diplomats who
community of nations
are in its country, or
recognize as binding
how international
upon themselves in
agreements (such as
their mutual relations.
treaties) between
States are to be
regulated.
Constitutional law It is that body of rules Example: – Article IV,
which governs and Section 1 of the 1987
defines the powers of Philippine
the government, and Constitution, in
the relation of the defining who are
 citizens of the
Philippines, provides:

“Section 1. The
following are citizens
of the Philippines:
[1] Those who are
citizens of the
Philippines at the time
of the adoption of this
constitution;
State with the [2] Those whose
inhabitants of its fathers or mothers are
territory. citizens of the
Philippines;
[3] Those born before
January 17, 1973, of
Filipino mothers, who
elect Philippine
citizenship upon
reaching the age of
majority; and
[4] Those who are
naturalized in
accordance with law.”
Administrative law It is that branch of Under this branch of
public law which fixes public law, the
the organization and executive department,
determines the acting in a quasi-
competence of the legislative or quasi-
administrative judicial capacity,
authorities (offices of interferes with the
the government), and conduct of the
provides the individual for the
individual person with purpose of promoting
remedies in case his the well-being of the
rights are violated. community.

Example: – Batas
Pambansa Bilang 881
(The Omnibus
Election Code of the
Philippines), which
was signed into
law on December 3,
 1985, outlines, among
others, the
qualification of
voters, to wit:
Any person who
transfers residence to
another city,
municipality or
country solely by
Every citizen of the reason of his
Philippines, not occupation;
otherwise disqualified profession;
by law, eighteen years employment in private
of age or over, who or public service;
shall have resided in educational activities;
“Section 117. the Philippines for one work in military or
Qualifications of a year and in the city or naval reservations;
voter. municipality wherein service in the army,
he proposes to vote navy or air force; the
for at least six months constabulary or
immediately national police force;
preceding the election, or confinement or
may be registered as a detention in
voter. government
institutions in
accordance with law,
shall be deemed not to
have lost his original
residence.”
“Section 5. (a) Any person
Disqualifications. who has been
sentenced by
final judgment
to suffer
imprisonment
for not less
than one year,
such disability
not having
been removed
by plenary
pardon or
granted
amnesty;
Provided,
however, That
 any person
disqualified to
vote under this
paragraph
shall
automatically
reacquire the
right to vote
upon
expiration of
five years after
service of
sentence.

(b) Any person

who has been
adjudged by
final judgment
by competent
court or
tribunal of
having
committed any
crime
involving
disloyalty to
the duly
constituted
government
such as
rebellion,
sedition,
violation of
the anti-
subversion and
firearms laws,
or any crime
against
national
security,
unless restored
to his full civil
and political
rights in
accordance
with law:
 Provided, That
he shall regain
his right to
vote
automatically
upon
expiration of
five years after
service of
sentence.

(c) Insane or
incompetent
persons as
declared by
competent
authority.”
Example: –
– It is that branch of
Infanticide and
public law which
abortion is punishable
Criminal law treats of crime and
as provided under the
provides for their
Revised Penal Code,
punishment.
to wit:
If the crime penalized
in this article be
committed by the
mother of the child for
the purpose of
The penalty provided concealing her
for parricide in Article dishonor, she shall
246 and for murder in suffer the penalty of
Article 248 shall be prision correctional in
“Art. 255. Infanticide”
imposed upon any its medium and
person who shall kill maximum periods,
any child less than and if said crime be
three days of age. committed for the
same purpose by the
maternal grandparents
or either of them, the
penalty shall be
prision mayor.”
“Art. 258. Abortion practiced by If this crime be
the woman herself or committed by the
by her parents. – The parents of the
penalty of prision pregnant woman or
correctional in its either of them, and
 they act with the
medium and consent of said
maximum periods woman for the
shall be imposed upon purpose of concealing
a woman who shall her dishonor, the
practice abortion upon offenders shall suffer
herself or shall the penalty of prision
consent that any other correctional in its
person should do so. medium and
maximum periods.
The body of legal
rules which regulates
Individual or private the relations of the
law members of a
community with one
another.
 Example: –
Executive Order. No
209 (The Family
Code), which contains
It regulates the
the laws on family
relations of
relations, defines the
Civil law individuals with other
concept of legal
individuals for purely
support, and
private ends.
enumerates who are
the persons obliged to
support each other, to
wit:
The education of the
person entitled to be
supported referred to
Support comprises
in the preceding
everything
paragraph shall
indispensable for
include his schooling
sustenance, dwelling,
or training for some
clothing, medical
“Art. 194. profession, trade or
attendance, education
vocation, even beyond
and transportation, in
the age of majority.
keeping with the
Transportation shall
financial capacity of
include expenses in
the family.
going to and from
school, or to and from
place of work.
“Art. 195. Subject to the (1) The spouses;
provisions of the (2) Legitimate
succeeding articles, ascendants and
 descendants;
(3) Parents and their
legitimate children
and the legitimate and
illegitimate children
the following are
of the latter;
obliged to support
(4) Parents and their
each other to the
illegitimate children
whole extent set forth
and the legitimate and
in the preceding
illegitimate children
article:
of the latter; and
(5) Legitimate
brothers and sisters,
whether of the full or
half-blood.
 Example: –
Republic Act No.
4136, otherwise
known as the Land
Transportation Law
(An Act to Compile
the Laws Relative to
Land Transportation
It regulates the special and Traffic Rules to
Mercantile/ relations produced by Create a Land
Commercial law commercial Transportation
transactions. Commission and for
Other Purposes),
defines what a motor
vehicle is and
prescribes, among
others, registration as
a precondition to the
use and operation of a
motor vehicle. Thus,
“Section 3. Words and As used in this Act:
phrases defined. - (a) “Motor Vehicle”
shall mean any
vehicle propelled by
any power other than
muscular power using
the public highways,
but excepting road
rollers, trolley cars,
street-sweepers,
sprinklers, lawn
 mowers, bulldozers,
graders, fork-lifts,
amphibian trucks, and
cranes if not used on
public highways,
vehicles which run
only on rails or tracks,
and tractors trailers
and traction engines
of all kinds used
exclusively for
agricultural purposes
No motor vehicle
shall be used or
operated on or upon
“Section 5. All motor any public highway of
vehicles and other the Philippines unless
vehicles must be the same is properly
registered. registered for the
current year in
accordance with the
provisions of this Act.
Example: – A party
who loses in a case
decided by the
Regional Trial Court
(RTC) is given by law
the right to appeal the
RTC’s decision to the
Court of Appeals
(CA). The Philippine
Rules of Civil
It provides for the
Procedure, which sets
means by which
Procedural law out the rules and
private rights may be
standards that courts
enforced.
follow when
adjudicating civil
lawsuits (as opposed
to procedures in
criminal law matters),
provides the
procedure to be
followed by the
aggrieved party, to
wit:
“Rule 41, Section 3. The appeal shall be
 taken within fifteen
(15) days from notice
of the judgment or
final order appealed
from. Where a record
on appeal is required,
the appellant shall file
a notice of appeal and
a record on appeal
within thirty (30) days
from notice of the
Period of ordinary
judgment or final
appeal.
order. The period of
appeal shall be
interrupted by a
timely motion for new
trial or
reconsideration. No
motion for extension
of time to file a
motion for new trial
or reconsideration
shall be allowed.”
(b) Failure to file the
notice of appeal or the
record on appeal
within the period
An appeal may be prescribed by these
dismissed by the Rules.
“Rule 50, Section 1. Court of Appeals, on
Grounds for dismissal its own motion or on Therefore, if the
of appeal that of the appellee,losing party fails to
on the following file his appeal from
grounds: the judgment of the
RTC within the period
required by the Rules,
his appeal will be
dismissed.
NOTE: Memorize this provision. It is very important.

SOURCES OF LAW

Constitution. With particular It is often referred to

reference to the as the fundamental
Constitution of the law or supreme law or
Philippines, it may be highest law of the land
 because it is
promulgated by the
people themselves,
binding on all
defined as “the written individual citizens and
instrument by which all agencies of the
the fundamental government. It is the
powers of the law to which all other
government are laws enacted by the
established, limited, legislature (as well as
and defined, and by administrative or
which these powers executive acts, orders
are distributed among and regulations having
the several the force of law) must
departments for their conform. This means
safe and useful that laws which are
exercise for the declared by the courts
benefit of the people to be inconsistent with
the Constitution shall
be void and the latter
shall govern. (Art. 7,
Civil Code.)
 Legislation as a
source of law is
supreme. The only
limitations on it are
Legislation consists in
those set by the
the declaration of
constitution. (Art. 7,
legal rules by a
Civil Code.)
competent authority.
Legislation
Laws that are derived
 In case of conflict
from legislation are
between statute law
called enacted law or
on the one hand and
statute law.
case law or customary
law on the other hand,
statute law always
prevails.
Administrative or They are those issued Administrative acts
executive orders, by administrative are valid only when
regulations, and officials under they are not contrary
rulings legislative authority. to the laws and
Administrative rules Constitution. (Art. 7,
and regulations are Civil Code.)
intended to clarify or
explain the law and
carry into effect its
 general provisions.
Judicial decisions or
jurisprudence, or
case law