Lesson 1:

Introduction to Law
Introduction to Law
Preliminaries

In the preliminaries, the sight

of a human being in his
everyday undertaking has to
follow some.
Introduction to Law
Preliminaries

The instructions that a person

will learn, result to that
consciousness of following
the law. As he learns the law,
he can define it, with its
characteristics.
In Philosophy, the human
mind consists principally of
two faculties:
1. the Intellect – the object of
which is the TRUTH.
2. the Will – the object of which
is the GOOD.
The infinite truth and infinite
good is infinite beauty of God.

The person was created by God

and destined for God, the
people can attain the final
destiny by following the law.
The laws that contained the
instructions of God given
to us are the
COMMANDMENTS.
Law

The most basic, simple and

concise definition of law
was defined by Sanchez
Roman, a Spanish Civilist
and he defined Law as:
Law

“A RULE OF CONDUCT , JUST AND

OBLIGATORY PROMULGATED BY
LEGITIMATE AUTHORITY FOR THE
COMMON OBSERVANCE AND
BENEFIT.”
Law
Edgardo Paras defined Law
as “an ordinance of reason
promulgated for the
common good by Him who is
in charge.”
Characteristics of Law
 1. A RULE OF CONDUCT

◦ Meaning any action, things, dictate of

reason if regulated or gathered
together could become a
conglomeration of rules, regulations
that can create an orderly, peaceful,
harmonious relations among the
people concerned so that in the end
justice will prevail.
Characteristics of Law
 2. PROMULGATED BY LEGITIMATE AUTHORITY

◦ That is, made known to those who are

expected to follow it. In a Republican
State like the Philippines, we have three
branches of government – legislative
body (like Congress, Sanggunian) is the
law-making body; the executive body is
the implementing body and the
judiciary as the enforcing body.
Characteristics of Law
 3. JUST and OBLIGATORY
 Treatment of Law should be equal, regardless
of sex, creed, age and status in life and to
follow the law there should be equivalent
punishment or penalties to enforce them. The
dictum “Justice delayed is Justice denied” is
commonly abused term on the relation of a
criminally inclined poor person and a
moneyed person on the treatment of the
application of law. Obligatory means any duty
binding parties to perform their agreement.
(Black’s dict. P. 1074).
 Characteristics of Law
 4. FOR THE COMMON OBSERVANCE and BENEFIT

◦The application of law should

not be titled or favoring an
individual but by the
observance of all and the
benefits that may be derived
from it.
Sources of Law
 1. LEGISLATIVE
the law-making body.
For national government, Congress
House of Representatives
Senate.
For Local
the Sangguniang Panlalawigan
the Sangguniang Pambayan
the Sangguniang Pambarangay.
Sources of Law
 2. CONSTITUTION

◦ The fundamental law that governs

a nation in its relation to its
citizens. All laws must conform
and comply with the provisions of
the Constitution, otherwise it
becomes unconstitutional.
Sources of Law
 3. ADMINISTRATIVE OR EXECUTIVE ORDERS,
REGULATIONS AND RULINGS

◦ The fundamental law that

governs a nation in its relation
to its citizens. All laws must
conform and comply with the
provisions of the Constitution,
otherwise it becomes
unconstitutional.
Sources of Law
 4. JUDICIAL DECISIONS OR JURISPRUDENCE
Judicial decisions or
interpreting the laws or the
Constitution shall form a part of
the legal system of the
Philippines. (Art. 8, New Civil Code)
Sources of Law
 4. JUDICIAL DECISIONS OR JURISPRUDENCE

Judicial decisions, though, are part

of the legal system in the Philippines
still are not laws.
Judicial decisions, though not law,
are evidence of what the law means.
Sources of Law
◦ our country adhere to the Doctrine of
Stare Decisis (Let it Stand), the doctrine
which in reality is “adherance to
precedents” stated that once a case has
been decided, then another case
involving the same point at issue, should
be decided in the same manner.
Therefore, if the Supreme Court being a
Court of last resort, has decided that a
certain law passed by Congress is
constitutional, the law becomes binding
and has its full force and effect.
Sources of Law
5. CUSTOM
◦It consists of those habits and
practices which through long
and uninterrupted usage have
become acknowledged and
approved by society as binding
rule of conduct.
Kinds of Law

1. DIVINE LAW

 It is formally promulgated by
God, revealed or divulged to
mankind by means of direct
revelation like the Ten
Commandments.
Kinds of Law

2. NATURAL LAW
Promulgated impliedly in our
conscience and body. It is the divine
interpretation in man in the sense of
justice, fairness, right and equity by
internal dictate of reason on our
mind. Like for instance, it is better to
do good than to do evil for being a
God-fearing person.
Kinds of Law

3. PHYSICAL LAW

Refers to the act of rules

governing the action and
movement of things like the
law on gravity by Newton.
Kinds of Law
4. HUMAN LAW
Those promulgated by man to regulate
human relations.

THIS CAN BE CLASSIFIED INTO:

1. Public
2. Private
 Classification of Human Law
 A. GENERAL or PUBLIC LAW

Body of rules which regulates the

rights and duties arising from the
relationship between the State
and its inhabitants.
Classification of Human Law
It includes the following:

1. International Law – consists of those

rules and principles which govern the
relations and dealing of nations with
each other.
Classification of Human Law
2. Constitutional Law It simply governs
the relations between the State and its
citizens.

3. Administrative Law – it fixes the

organization and determines the
competence of the authorities that
execute the law and indicates to the
individual remedies for the violation of
his rights.
Classification of Human Law
 B.INDIVIDUAL or PRIVATE LAW
 Those law which govern the
private relation of person.

Subdivided into:
1.Substantive
2.Procedural
Classification of Human Law
Substantive includes the following:

1. Civil Law – branch of law which has

for its double purpose the organization
of the family and the regulation of
property. It is defined as the mass of
precepts which determines and
regulate the relation of assistance,
authority and obedience among the
members of a society for the
protection of private interests.
Classification of Human Law
2. Commercial Law – defined
as a whole body of substantial
jurisprudence applicable to the
rights, intercourse and relation
of persons engaged in
commerce, trade or mercantile
pursuits. (Black’s law dict. 338)
Classification of Human Law
2. Remedial or Procedural Law
– defined as the branch of law which
prescribes the method of enforcing
rights or obtaining redress for their
invasion, Procedural law otherwise
known as Remedial Law, as
distinguished from Substantive law
which creates, defines and regulate
rights.
(Ballantine Law Dict. P. 36)
You may address them in our LMS.

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