INTRODUCTION TO LAW
A. Divine 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.
- 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.
(2) general groups:
(1) Law (in the strict legal sense) which is
promulgated and enforced by the
state;
(2) Law (in the non-legal sense) which is
not promulgated and enforced by the
state.
Subjects of law.
State law, divine law, natural law, and
moral law are comprised of 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 regard to the latter's use of their
willpower and intelligence. It is called
law only figuratively speaking.
- the law of religion and faith which
concerns itself with the concept of sin
(as contrasted with a crime)
and salvation.
(1) Source. It is formally promulgated by
God and revealed or divulged to
mankind by means of direct revelation.
(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.
(b) to the Mohammedans, divine law is
embodied in the Muslim Quoran
(2) Sanction. Lies in the assurance of
certain rewards and punishments in the
present life or in the life to come.
B. Natural law.
- 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. Natural law is ever
present and binding on all men
everywhere and at all times. There is 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 that man knows in his heart
and his conscience, not by theorizing,
but by the dictates of his moral nature,
that are simply good or bad or evil.
 which may be in the form of public
(2) Compared to divine law. pleasure, approval or even joy."

- Divine law, as the law of religious faith,

is made known to man by means of (3) Binding force. Moral law is not
direct revelation. absolute. It varies with the changing
times, conditions or convictions of the
- Natural law is said to be impressed in
people.
man as the core of his higher self at the
very moment of being or, perhaps, even
before that. (4) Place in state law.
(3) Place in state law. -Natural law has
Moral law influences or shapes state
been regarded as the reasonable basis
law.
of state law.

D. Physical law.
C. Moral law.
- uniformities of actions and orders of
- the totality of the norms of good and
sequence which are the physical
right conduct growing out of the
phenomena that we sense and feel.
collective sense of right and wrong in
every community.
(1) Order or regularity in nature.
(1) Determination of what is right and A law of physical science, being
wrong. addressed to objects which have no
power to disobey, is in reality nothing
" The mores or ways of life were then
more than an order or regularity in
evolved which were always considered
nature by which certain results follow
right and correct, and obedience to
certain causes.
them was demanded by the group."

(2) Called law only by analogy. In other

(2) Sanction.
words, this order or regularity is called
As distinguished from state law, there is law only by analogy.
no definite legal sanction (punishment
imposed by law like imprisonment
E. State law.
and/or payment of fines or damages)
- the law that is promulgated and
for a violation of purely moral law.
enforced by the state.
"If a member of the community
disregards the moral norms, a (1) Other terms used.
spontaneous social reaction is
• positive law,
produced in the form of public
• municipal law,
displeasure, contempt or even
• civil law, or
indignation. If, on the other hand, there
• imperative law.
is conformity to the moral norms, there is
created spontaneous social response 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.
(2) Binding force.
As a rule of action, only state law is
enforced by the state, with the aid of its
physical force, if necessary.
(3) Concern of state law.
State law does not concern itself with
violations of the latter rules of action
unless they also constitute violations of
its commands.
• Divine law - fields of
philosophical theology; o natural
law- metaphysics;
• Moral law- ethics;
• Physical law- physical science or
physics
Concepts of (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."
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
(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."
It has this second connotation when we
refer to a particular statute or legal rule,
Example: the law on obligations and
contracts.
Characteristics of law.
The characteristics of law (in its specific
sense) are: Law tells us what shall
(1) It is a rule of conduct. be done and
what shall not be done. As a rule of
human conduct, the law takes
cognizance of external acts only;
(2) It is obligatory. Law is considered a
positive command imposing a duty to
obey and involving a sanction which
forces obedience,
(3) It is promulgated by legitimate
authority. 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 force of laws; and
(4) It is of common observance and
benefit. - Law is intended by man to
serve man.
- It regulates the relations of men
to maintain 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.
(1) What would life be without law?
If life without law would be the same as
it is now, obviously law is not necessary.
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.
(2) What does law do?
It has been said that law secures justice,
resolves social conflict, orders society,
protects interests, controls social
relations.
(3) What is our duty as members of
society?
Legal system - The sum of such rules as
existing in a given society, under
whatever particular forms, is what, in
common speech, we understand by
law.
*Since we find law necessary, every
citizen should have some understanding
of law and observe it for the common
good.
Sources of law.
(1) Constitution.
Constitution of the Philippines
- the 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."
- It is often referred to as the
fundamental law or supreme law or
highest law of the land because it is
promulgated by the people themselves,
binding on all individual citizens and all
agencies of the government.
- It is the law to which all other laws
enacted by the legislature (as well as
administrative or executive acts, orders
and regulations having 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 the latter shall govern.
(2) Legislation.
- It consists of the declaration of legal
rules by a competent authority.
- It is the preponderant source 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.
(3) 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.)
(4) Judicial decisions or jurisprudence.
- The decisions of the courts, particularly
the Supreme Court, applying or
interpreting the laws or the Constitution
form part of the legal system of the
Philippines. (Art. 8, Ibid.)
*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.
(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.
- 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.
- A custom must be proved as a fact
according to the rules of evidence.
(infra.) (Art. 12, Civil Code.)
(6) Other sources.
*only supplementary
- principles of justice and equity,
- decisions of foreign tribunals.
- opinions of textwriters, and
religion.
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 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.)
For instance in the Philippines, in
addition to legal institutions national organization can ordinarily
and local there are: terminate their relationship and
thereby free themselves from the
- churches,
impact of its rules and
- corporations,
regulations. Citizens of a state,
- political parties,
however, cannot do this unless
- trade associations,
they choose to leave the
- schools,
geographical area in which the
- labor unions,
state is sovereign;
- professional organizations,
- social clubs,
(4) The sanctions or techniques of
- families, and
control through law are more
- host of others.
varied and complex than the
- Such organizations, through rules,
techniques available to
regulations and orders, control
organizations such as churches,
some of the behavior of their
labor unions, and political parties.
members.
*Expulsion is usually the most
powerful technique available to
Law compared with other means
such organizations to secure
of social control.
compliance with their rules, etc.
*For the employee, it is the loss of
There are several basic
his job.
differences between social
control through law and control
Aside from imprisonment and
through other methods, to wit:
deportation, there are many
other sanctions available to the
(baka sa true or false toh)
law, including:

(1) Laws are made and

• denial or revocation of license,
administered by the only
• confiscation of property,
institutions in society authorized to
• imposition of civil liability for
act in behalf of the entire
certain kind of conduct,
citizenry. Churches, for example,
• dissolution of organizations, and
act only for their members;
• denial of privileges.

(2) Only the legal institutions A sanction is remedial if the object is

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;
(3) People associated with an
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.
"due process" of law
- the individual must ordinarily 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.
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 one
Supreme Court 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 power in our system of
government.
(1) Regular courts.
The Philippine judicial - consists of a
hierarchy of courts resembling a
pyramid with the system 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.
(2) Special courts.
Sandiganbayan- a special anti-graft
court. It forms part of the judicial
hierarchy together with the Court of Tax
Appeals
Court of Tax Appeals- a 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, 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" because they involve also the
settlement or adjudication of
controversies or disputes.
Classifications of law.
(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.
EXAMPLE OF PRIVATE ADJECTIVE 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
*Rights and duties are useless unless they
can be enforced.
*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 relationship of the state
to the people.
An example of public law is
CRIMINAL LAW- the law which defines
crimes and provides for their
punishment.
INTERNATIONAL LAW - that law which
governs the relations among nations or
states; CONSTITUTIONAL LAW - that
which governs the relations between
the state and its citizens; it establishes
the fundamental powers of the
government;
ADMINISTRATIVE LAW - that which
governs the methods by which the
functions of administrative authorities
are to be performed; CRIMINAL
PROCEDURE - that branch of private law
which governs the methods of trial and
punishment in criminal cases; and
(b) PRIVATE LAW- 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 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- 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.
- Republic Act No. 386.
Civil law- the law found primarily in our
Civil Code.
The Civil Code of the Philippines
- based mainly on the Civil
Code of Spain which took
effect in the Philippines on
December 7, 1889.
- It was approved as Republic
Act No. 386 on June 18, 1949
and
- took effect on August 30,
1950.
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- in Title I, Articles
1156-1304,
- On contracts- in Title II, Articles
1305-1422.
- Natural obligations - in Title III.
Articles 1423-1430.
*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.
Conclusive presumption of knowledge
of law.
• Ignorance of law excuses no one
from compliance therewith. (Art.
3, Civil Code.)
"Everyone 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:
(1) If laws will not be binding until
they are actually known, then
social life will be impossible,
because most laws cannot be
enforced due to their being
unknown to many:
(2) It is almost impossible to prove
the contrary when a person
claims ignorance of the law;
(3) It is absurd to absolve those
who do not know the law and
increase the obligations of those
who know it; and
(4) 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

(5) "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.