BPA; 2nd Sem, SY 2022-2023; CM; CapSU Roxas City

INTRODUCTION TO LAW
Law means any rule of action or any system of uniformity. In general, it 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

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 in 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 will power and
intelligence. It is called law only figuratively speaking.
a. Divine Law
b. Natural Law
c. Moral Law
d. Physical Law
e. State Law

Concepts of State Law

Two concepts: general or abstract sense and 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.”
Example: “law of the land”, “rule of law and not of men”, “equality before 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.
Example: the law on obligations and contracts, the law on sales, criminal laws

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Characteristics of Law
1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by legitimate authority
4. It is of common observance and benefit

Necessity and Functions of Law

Answer the following questions to analyze:
1. What would life be without law?
2. What does law do?
3. What is our duty as members of society?

Sources of Law
What are the bases or sources of our laws in the Philippines?
a. Constitution
b. Legislation
c. Administrative or executive orders, regulations, and rulings
d. Judicial decisions or jurisprudence
e. Custom
f. Other sources (principles of justice and equity, decisions of foreign tribunals, etc.)

Rules in the Interpretation or Application of Law

1. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws (Art. 9, Civil Code).
2. In case of doubt in the interpretation or application of law, it is presumed that the lawmaking
body intended right and justice to prevail - ultimate end of the law is justice.

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Organs of Social Control
Law is not an end in itself. Law may be viewed as a means of social control (control of
social behaviors that affects others
Other organs of social control: churches, corporations, professional organizations, etc.

Law compared with other means of social control

1. Administered by the only institutions in society authorized to act in behalf of the entire citizenry.
2. Only Legal institutions - entire citizenry must comply Rules of social and economic
organizations, for example, govern limited numbers
3. People in organization can ordinarily terminate their relationship and free themselves from
rules. Citizens of state of a cannot do this.
4. Law - more varied complex than law of organization/imprisonment, deportation, denial or
Revocation of license, confiscation of property, imposition of civil liability, dissolution of org and
denial of privileges Expulsion- most powerful technique for secure compliance on law of
organization / loss of Job
5. Law- Procedural steps (hearing and a fair opportunity/ due process)
Organs of social control - does not require procedure except when their rules provide
therefor.

Organization of Courts (Hierarchy of Courts)

Judicial power to decide actual cases and controversies is vested in one Supreme Court and
in such lower courts as may be established by law. Judicial power is one of the three (3) main
divisions of power in our system of government.
1. Regular courts
a. Supreme Court (SC)
b. Court of Appeals (CA)
c. Regional Trial Courts (RTC)
d. Municipal Trial Courts (MTC/MTCC/MeTC/MCTC)
2. Special Courts
a. Anti-Graft Court (Sandiganbayan)
b. Special Tax Court (Court of Tax Appeals)

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3. Quasi-judicial agencies
Involved also the settlement or adjudication of controversies or disputes within the agency.
These are administrative bodies under the executive branch performing quasi-judicial
functions. (CSC, COMELEC, LTFRB, DARAB, DENR).

Classification of Law
1. As to its purpose
a. Substantive Law - portion creating defining and regulating rights and duties
b. Adjective law (remedial law/ procedural law) - prescribing the manner or procedure by
which rights may be enforced or violations redressed. It is governed by Rules of Court
promulgated by the Supreme Court
2. As to its subject matter
a. Public Law - body of legal rules which regulates the rights and duties arising from the
relationship of the state to the people
b. Private Law - relations of individuals with one another for purely private ends

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 Post-Test/Quiz
Answer the following as required:
1-4. Characteristics of Law as defined by Felipe Sanchez Roman.
5-6. Classification of Law as to Subject Matter
7-8. Classification of Law as to Purpose
9-10. Give at least 2 sources of laws in the Philippines

References:
• De Leon, H. & De Leon, H. Jr. (2014). The Law on Obligations and Contracts by
Rex Bookstore.
• Samson, A. (2016). Law on Obligations and Contracts: Notes and Cases) by C&E
Publishing. Inc.
• The New Civil Code of the Philippines (Republic Act 386)
• Essentials in Law on Obligations and Contracts (For Accountancy, Business and
Management Students) by Atty. Tranquilino R. Cagurangan, Jr., 2022 Edition.

Prepared by:
ATTY. TOCHE VIC B. DOCE, RN, MAN, DPA
Part-Time Faculty