Introduction to Law

LAW
• Is any rule of action or conduct
prescribed by the proper authority
for the guidance and compliance of
the people in an orderly society in
the pursuit of their individual, family,
social and business activities and
functions in all fields of human
endeavor
 Branches of Law

• Civil law
• Criminal law
• Political law
• Constitutional law
• Taxation
• International law
• Administrative law
• Mercantile/Commercial Law
• Insolvency and bankruptcy law
 Civil Law
• Mass of precepts • Legislation
w/c determines, • Judicial jurisprudence
regulates and • Customs – constantly
coordinates the &repetitiously performed by
peaceful and cordial the community for a long
relationship among time, as proper rule of
members of family conduct, not contrary to law,
and other members public morals or policy
of society.
• Others – religion, decision of
foreign courts, principles of
justice and equity
 Other sources
• Divine law – religious precepts
• Natural law – norms of human conduct founded
on the law of nature. Include acts that must
conform to one’ sense of justice, equity, fairness
in his relationship with his fellowmen. Applicable
to all mankind
• Moral Law – mass of good & correct conduct but
differs in many countries, depending on the
beliefs & idiosyncracies prevalent in each country
 Other classification of Civil Law
• Substantive law – defines
our specific rights,
responsibilities, duties and
obligation as individuals &
as members of society
• Procedural law – or
remedial law, lays down
the rules and procedures
by w/c we can enforce our
rights & how we can seek
redress if we are violated
• Private Law – deals with
private relationship
among persons. Ex
obligation and contracts
• Public Law – those
govern the relationship
among states and their
people. Ex. International
law, constitutional law,
administrative law,
criminal law
 Civil code is composed of
a. Obligations – Art.1156 – 1304
b. Contracts – Art.1305 – 1422
c. Natural and moral – Art. 1423 -1430
d. Quasi Contracts – Art.2142 – 2175
e. Quasi delicts – Art,2176-2194
f. Damages – Art 2195 - 2235
 Criminal Law
• The body of law that relates to crime. It proscribes conduct
perceived as threatening, harmful, or otherwise endangering to
the property, health, safety, and moral welfare of people inclusive
of one's self. Most criminal law is established by statute, which is
to say that the laws are enacted by a legislature. Criminal law
includes the punishmentand rehabilitation of people who violate
such laws. Criminal law varies according to jurisdiction, and differs
from civil law, where emphasis is more on dispute resolution and
victim compensation than on punishment or rehabilitation.
Criminal procedure is a formalized official activity that
authenticates the fact of commission of a crime and authorizes
punitive or rehabilitative treatment of the offender.
 Political Law
• is an established legal practice area encompassing the
intersection of politics and law. Political law comprises 
election law, voting rights law, campaign finance law,
laws governing lobbying and lobbyists, open government
 laws, legislative and executive branch ethics codes, 
legislative procedure, administrative procedure, 
constitutional law, and legislative and regulatory
drafting.[2][3] Political laws are applied primarily to
government officials, candidates, advocacy groups, 
lobbyists, businesses, nonprofit organizations, and 
trade unions.
 Constitutional Law
• The broad topic of constitutional law deals with the
interpretation and implementation of the Constitution. As the
Constitution is the foundation of the Philippines, constitutional
law deals with some of the fundamental relationships within our
society.
• This includes relationships among the region, the region and the
national government, the three branches (executive, legislative,
judicial) of the government, and the rights of the individual in
relation to both national and LGUs government.
• The area of judicial review is an important subject within
Constitutional Law.  The Supreme Court has played a crucial role
in interpreting the Constitution. Consequently, study of
Constitutional Law focuses heavily on Supreme Court ruling
 Constitutional Law
• The Constitution establishes the three branches
of the government and enumerates their powers.
Article I establishes the House of Representatives
and it enumerates the powers of Congress.
Congress has specifically used its power to
regulate commerce (the commerce clause) with
foreign nations and among the states to enact
broad and powerful legislation throughout the
nation. The sixteenth Amendment gives Congress
the power to collect a national income tax
without apportioning it among the province.
 Constitutional Law
• The Constitution establishes the presidency and the
executive branch of government. The powers of the
President are not as clearly enumerated as those of
the Congress. He is vested with the "executive" power,
as the "commander in chief" and grants him power to
give pardons, except in cases of impeachment, for
offenses against the Philippines. It provides the power
to make treaties (with the advice and consent of two-
thirds of the Senate) and the power to nominate
ambassadors, ministers, Judges of the Supreme Court,
and all other Officers of the country
 Administrative Law
• is the body of law that governs the activities of administrative agencies
 of government. Government agency action can include rule making, 
adjudication, or the enforcement of a specific regulatory agenda.
• Administrative law is considered a branch of public law. As a body of
law, administrative law deals with the decision-making of the
administrative units of government (for example, tribunals, boards or 
commissions) that are part of a national regulatory scheme in such
areas as police law, international trade, manufacturing,the environment
, taxation, broadcasting,  immigration and transport.
• Administrative law expanded greatly during the twentieth century, as
legislative bodies worldwide created more government agencies to
regulate the social, economic and political spheres of human
interaction.
 Taxation Law
• The law that governs the process where by charges are imposed
 on individuals or property by the legislative branch of government and
by many provincial governments to raise 
funds for public purposes.
• The theory that underlies taxation is that charges are imposed to supp
ort the government in exchange for the general
advantages and protection afforded by the government to 
the taxpayer and his or her property. The existence of gov’t
is a necessity that cannot continue without financial means to pay its e
xpenses; therefore, the government has the right t
compel all citizens and property within its limits to share its 
costs. The provincial and national governments both have the  power to
impose taxes upon their citizens.
• Excise Tax – Corporate tax, sales tax, vat, inheritance, tobacco
• Property Tax– Income tax, real property tax
 Mercantile/Commercial Law
• also known as trade law, is the body of law that applies to the
rights, relations, and conduct of personsand businesses
engaged in commerce, merchandising, trade, and sales.[1] It is
often considered to be a branch of civil law and deals with
issues of both private law and public law.
• Commercial law includes within its compass such titles as
principal and agent; carriage by land and sea; 
merchant shipping; guarantee; marine, fire, life, and accident 
insurance; bills of exchange, negotiable instruments, contracts
 and partnership.[2] Many of these categories fall within 
Financial law, an aspected of Commercial law pertaining
specifically to financing and the financial markets. It can also
be understood to regulate corporate contracts, hiring practices
, and the manufacture and sales of consumer goods.
 Insolvency/Bankruptcy Law
• Regulates companies which are unable to repay their debts. While some
bankruptcy law concerns the rules for natural persons, the term
insolvency is generally used for companies formed under the 
Companies Act 2006. "Insolvency" means being unable to pay debts. [2] 
• Since the Cork Report of 1982,[3] the modern policy of insolvency law has
been to attempt to rescue a company that is in difficulty, to minimise
losses and fairly distribute the burdens between the community,
employees, creditors and other stakeholders that result from enterprise
failure. If a company cannot be saved it is "liquidated", so that the assets
are sold off to repay creditors according to their priority.
• The main sources of law include the Insolvency Act 1986, the 
Insolvency Rules 1986 (replaced in England and Wales from 6th April
2017 by the Insolvency Rules (England and Wales) 2016 [4] - see below))