INTRODUCTION TO

LAW
THE GENERAL NATURE
OF LAW
PREPARED BY: MS. ROSETTE LUCAS LABASAN
 MEANING OF LAW IN GENERAL

Law- in general, determines not only the

activities of men as rational beings but also the
movement or motions of all objects of creation,
whether animate or inanimate.
 GENERAL DIVISION OF LAW

• Law (in the strict legal sense)- which is

promulgated and enforced by the state; and
• Law (in the non-legal sense)- which is not
promulgated and enforced by the state.
 SUBJECTS OF LAW

• DIVINE LAW
• NATURAL LAW
• MORAL LAW
• PHYSICAL LAW
• STATE LAW
 DIVINE LAW

• is the law of religion and faith which

concerns itself with the concept of sin
(as contrasted with crime) and
salvation.
 NATURAL LAW

• may then be defines as 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.
 MORAL LAW

• We are speaking of the totality of the

norms of good and right conduct growing
out of the collective sense of right and
wrong of every community.
 PHYSICAL LAW

• In the operation or course of nature, there are

uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel.
They are known as the laws of physical science or
physical law.
 STATE LAW

•or the law that is

promulgated and enforced
by the state
 CONCEPTS OF STATE LAW

• 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 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”, etc.
• In its specific sense, the term has been defined as a “rule of conduct, just obligatory,
promulgated by legitimate authority, and common observance and benefits.”
 CHARACTERISTICS OF LAW

• It is a rule of conduct
• It is obligatory
• It is promulgated by the legitimate authority
• It is of common observance and benefits.
 NECESSITY AND FUNCTION OF LAW

• What would life be without law?

• What does law do?
• What is our duty as member of society?
 SOURCE OF LAW

• CONSTITUTION
• LEGISLATION
• ADMINITRATIVE OR EXECUTIVE ORDER, REGULATIONS AND RULING
• JUDICIAL DECISIONS OR JURISPRUDENCE
• CUSTOM
• OTHER SOURCE
 ORGANIZATION OF COURTS

• REGULAR COURTS
• SPECIAL COURTS
• QUASI- JUDICIAL AGENCIES
 REGULAR COURTS

• The Philippine judicial system consist of hierarchy of courts resembling a pyramid

with the Supreme Court at the apex. Under present legislation, the other courts are:
Court of Appeals, Regional Trial Court, sitting in the different provinces and cities,
and Metropolitan Trial Courts in Metropolitan areas established by law; Municipal
Trial Courts in cities not forming part of Circuit Trial Courts in areas defined as
municipal circuits. Circuits courts exercise jurisdiction over two or more cities and/ or
Municipalities.
 SPECIAL COURTS

• Aside from these courts, there is under the Constitution,

a special anti-graft court, the Sandiganbayan. It forms
part of the judicial hierarchy together with the Court of
Tax Appeals, a special tax court created by law, on the
same level as the Court of Appeals.
 QUASI- JUDICIAL AGENCIESS

• Administrative bodies under the executive branch

performing quasi-judicial functions, like the National
Labor Relation Commission, the Securities and Exchange
Commission, Land Transportation Franchising and
Regulatory Board, Insurance Commission, and the
independent Constitutional Commissions.
 CLASSIFICATION OF LAW

1. As its purpose:

• Substantive law- or that portion of the body of law creating and

defining rights and duties which may be either public or private in
character.
• Adjective law- or that portion of the body of law prescribing the
manner or procedure by which right may be enforces or their
violations redressed.
 CLASSIFICATION OF LAW

• 2. As to its subject matter:

• A) Public law- or the body of legal rules which regulates the right and duties arising
from the relationship pf the state to the people.
1. Criminal Law
2. International Law
3. Constitutional Law
4. Administrative Law
5. Criminal Procedure
• B) Private law- or the body of rules which regulates the relationship of individuals
with one another for purely private ends.
1. Civil Law
2. Commercial or Mercantile law
3. Civil Procedure
LAW ON OBLIGATION AND CONTRACT DEFINED:

• “The law of obligation 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,”
 CIVIL CODE OF THE PHILIPPINES

• The law on obligation and contracts is found in Republic Act No. 386,
otherwise known as the Civil Code of the Philippines. When we speak
of civil law, we refer to the law found primarily in our Civil Code.
• The Civil Code of the Philippines is 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.
 CIVIL CODE PROVISIONS ON OBLIGATIONS AND CONTRACTS.

• Book IV of the Civil Code deals with obligation and contracts. The general provisions
on obligation are contained in the Title I, Articles 1156-1304, while those on contracts,
in Tittle II, Articles 1305-1422-. The general rules of law governing contracts are also
applicable to the particular kinds of contracts (like sale, partnership, barter, etc.) in
addition to the special provisions of law governing each type of contracts.
• Book IV also contains new provisions dealing with natural obligations which are
found in Tittle III, Articles 1423-1430.