Intro to Law

Lesson 1:
Definition of Law
Sources of Law
Effect and Application of Laws (Part 1)
Definition of Law
Definition of Law
A body of rules of conduct of binding legal force and effect,
prescribed, recognized, and enforced by controlling authority.
(https://legal-dictionary.thefreedictionary.com/What+is+law)

 (1):a binding custom or practice of a community : a rule of

conduct or action prescribed or formally recognized as
binding or enforced by a controlling authority
 (2): the whole body of such customs, practices, or rules
(https://www.merriam-webster.com/dictionary/law)
Sources of Law
Sources of Law

 1. Constitutional - From a state’s constitution, the fundamental

law of the land. In the Philippines we have our 1987 Philippine
Constitution

 2. Statutory – From laws produced by congress/lawmakers

following the process --
House Bill/Senate Bill up to when it becomes a law after the
President signs, then it is named as Republic Act No. xxxx
Sources of Law

 3. Customs – whatever is customary for a particular country

or place, one that has been practiced for a very long time
Commonly used in very far flung areas where there are still remnants of a
very rich and old culture, note however that if these customs are already
against the basic rights the government may consider these customs illegal.
Such as the practice of some native tribes on human sacrifice or very
gruesome punishments for crimes within their community.
Some of the more “civil” customs also eventually become official laws.
Sources of Law

4. Cases (Philippine jurisprudence/judicial decisions) –

In other countries, jurisprudence means the science of law or the
body of knowledge that focuses on legal matters. Here in the Philippines,
this connotes the records of all cases decided by the Supreme Court. It is
used to help interpret laws which seem unclear/vague. This is the source
of several landmark cases which can help lower court judges to decide on
a case provided that there are similarities in circumstances and in the
details of parties involved.
Effect and Application of Laws
When do new laws take effect?
Effect and Application of Laws (Part 1)

found in: Articles 1-18 of the New

Civil Code of the Philippines (NCC)
 Article 1

 Article
1. This Act shall be known as the “Civil Code of
the Philippines.”
Article 2
 Art. 2. Laws shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
publication.

 ***General Rule: Laws take effect only after 15 days of complete publication in the Official
Gazette (complete publication meaning the whole of the law is published, not just some parts)

 ***Exception: “unless otherwise provided” meaning the new law itself dictates the period of
time before it takes effect. The last sentence is an example of this exception. Instead of the
normal 15-day period, it provides for a one-year period after publication before it takes effect.
 Article 3
 Art. 3. Ignorance of the law excuses no one from
compliance therewith.

 Ignorantia legis non excusat

 It is the lawmakers’ responsibility to publish the new laws as a whole, while it is also
the responsibility of each citizen to know the laws. Once the period of publication (15
days or as provided by law) is finished, the excuse of “I did not know” will no longer
be an acceptable reason to escape possible liability.
Article 4
 Art. 4. Laws shall have no retroactive effect, unless the
contrary is provided.

 ***General Rule: All news laws shall take effect only after its publication, if there are
violations related to such laws BEFORE its effect and application, then that person can
not be made to answer for its liabilities. All laws must be prospective in nature.

 ***Exception: Laws which will advance the welfare of the accused or simplify court
procedures MAY be given retroactive effect. But this is quite rare.
Article 5
 Art. 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself
authorizes their validity.

 ***Subsequent laws which are made against mandates and prohibitions of other
laws shall be void. Except when the law itself states the exception or that there is
a clear repealing or change in the law.

 ***A mandatory law means there is something that has to be done. While a
prohibitory law is one that prevents something from being acted upon.
 Article 6
Art. 6. Rights may be waived, unless the waiver is contrary to law,
public order, public policy, morals, or good customs, or prejudicial to
a third person with a right recognized by law.

 ***A person’s rights cannot generally be waived or given up, but there are
exceptions that the law may provide. We will come to a deeper discussion on
more of these laws in the future.
Article 7.

Art. 7. Laws are repealed only by subsequent ones, and their

violation or non-observance shall not be excused by disuse, or custom
or practice to the contrary.

 ***A law, after its proper publication will always be applicable even if it is old or has not
been in constant use, or that there have been practices done against it. The only time
where a law is deemed ineffectivee is when there is a clear repeal by a subsequent law.
 ***Repeal – a congressional act to revoke or annul a previous law by making a new one
that expressly says it will replace the other or, that it will make the old one ineffective.
Article 7.
 When the courts declared a law to be inconsistent with
the Constitution, the former shall be void and the latter
shall govern.
 Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the Constitution.

***All types of laws of the land must be in line with the constitution.
Otherwise, it will be declared as unconstitutional and will have no
force and effect.
Article 8.

Art. 8. Judicial decisions applying or interpreting

the laws or the Constitution shall form a part of the
legal system of the Philippines.

 ***Asmentioned earlier, judicial decisions (jurisprudence) that

interpret laws or the Constitution can be made a source of law
and are part of our legal system.
 Article 9
Art. 9. No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws.

*** A judge cannot refuse to render judgment because of the silence

or insufficiency of laws. If such circumstances arise, it is his
responsibility to render proper judgment based on existing laws, and
later on report such lack to the proper branches of the government.