Introduction to Law Law in general -any rule of action or any system of uniformity -determines not only the activities of men as rational beings but also the movements of all objects of creation, animate or inanimate General divisions of Law (1) In the strict legal system which is promulgated and enforced by the state (2) In the non-legal sense which is not promulgated and enforced by the state Subjects of Law Divine Law- law of religion and faith which concerns itself with the concept of sin and salvation Source: promulgated by God through direct revelation -embodied in the 10 commandments under old testament -differs to what one what believes, such as the Muslim Quoran Sanction: lies in the assurance of certain rewards and punishments in the present or upcoming life Natural Law- divine inspiration in man of the sense of justice, fairness, and righteousness by internal dictates of reason alone - the law of the man’s core of his higher self Binding force: ever-present and binding on all men everywhere at all times, as a man can recognize what is simply good and bad or evil in the dictates of his moral nature (inward instinct of his higher nature) Place in state law: reasonable basis of state law Moral Law- totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community Determination of what is right and wrong: was not to leave each member of the group. Ways of life evolved which were always considered right and correct, and obedience was demanded by the group Sanction: no definite legal sanction for the purely moral law. If a member disregards these moral norms, a spontaneous social reaction is formed in public displeasure, contempt, or even indignation. Vice versa if there is conformity. Binding force: not absolute as it varies with the changing times, conditions, or convictions of the people Place in state law: to a great extent, influences or shapes state law Physical Law- uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel Order or regularity in nature: nothing more than an order or regularity in nature by which certain results follow certain causes Called law only by analogy: law only by analogy. Ex: law of gravitation; law of chemical combination State Law-promulgated and enforced by the state Other terms used: also called positive law, municipal law, civil law, or imperative law. -Refers to when we speak of law in connection with the entire government process itself. Binding force: the only law enforced by state, with aid of its physical force, if necessary Concerns of state law: fields of state law are different from the other law mentioned above. It does not concern itself with violation of the latter rules of action unless they also constitute violations of its commands. Concepts of State Law The term law may be understood in two concepts: (1)in a general sense, the mass of obligatory rules established for the purpose of governing the relations of persons in society (2)in its specific sense, a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit. Refers to a particular statute or legal rule. Ex: Law of ObliCon Characteristics: rule of conduct- tells us what shall and shall not be done. It takes cognizance of external acts only obligatory- positive command imposing a duty to obey and involving a sanction which force obedience promulgated by legitimate authority- in Philippines (democratic), the legitimate or competent authority is the legislature. Under the constitution, “statutes”/law are enacted by Congress(the legislative branch of government); local government units to enact ordinances common observance and benefit- law is intended by man to serve man and regulates the relations between to maintain harmony, order, and co-existence possible. It must be observed by all for the benefit of all. Necessity and Functions of Law What would life be without law? Society is needed as members could not live without it but it also needs internal order as needed for external defense. What does the law do? It secures justice, resolves social conflict, orders society, protects interests, and controls social relations. Life without laws would be less orderly and brutish. What is our duty as members of society? Law is referred as our legal system, every citizen should understand it and observe for the common good. Sources of Law Constitution- the written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people. -the fundamental/supreme/highest law as it is promulgated by the people themselves -the law where all other laws enacted by the legislature must conform, meaning that if there are law inconsistent to it then it would be void. Legislation- declaration of legal rules by a competent authority. Also includes ordinances (local) -the preponderant source of law in the Philippines -enacted law/statute law- acts passed by the legislature Administrative/executive orders, regulations, and rulings- issued by administrative officials under the legislative authority and intended to clarify or explain the law and carry into effect general provisions should be aligned with the Constitution Judicial decisions or jurisprudence- decisions of the (Supreme)courts, applying or interpreting the laws or the Constitution form part of the legal system of the Philippines -doctrine of precedent/stare decisis- decisions of a superior court on a point of law are binding on all subordinate courts Custom- consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct -has the force of law when recognized and enforced by the state -must be proved as a fact according to the rules of evidence -may apply by the courts in the absence of law or statute exactly applicable to the point in controversy but if contrary to the law, public order are not countenanced. Other sources- may be added principles and only supplementary as they are resorted to in the absence of all the other resources Rule in Case in Doubt in Interpretation or application of laws Civil Code- no judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws (art.9). In case of doubt, it is presumed that the lawmaking body intended right and justice to prevail (art. 10) - courts must resolve in favor of the law of justice, Organs of Social Control Law is viewed also as social control-the control of social behavior that affects others -there are churches, corporations, political parties, etc. Such organizations control some of the behavior of their members Law compared with other means of social control -laws are made and administered by the only institutions in society authorized to act in behalf of the entire citizenry. -only legal institutions can make rules, regulations and orders which the entire citizens should comply -people associated with organization can ordinate or terminate their relationship and free themselves from the rules. Citizens of the state can’t do this unless they’ll leave the geography -sanctions or techniques through law are more varied and complex than in organization. •Expulsion is the most powerful technique in organizations to secure compliance sa rules •sanction is remedial- if the object is the indemnification of the person, and penal- if the object is the punishment of the violator -before the law operates, the individual must be given a trial (refers to due process of law) -organs of social control- not required to comply with such procedures in acting against individuals except when their rules provide such Organization of Courts Under the Constitution, the Supreme court and in such lower courts as may be established by law is vested to decide actual cases and interpreting and applying laws. The judiciary composes: Regular courts- court of appeals, regional trial courts, metropolitan trial courts, municipal trial courts, municipal circuit trial courts. Circuit courts exercise over two or more cities and/or municipalities •courts of general or superior jurisdiction- supreme court, court of appeals, and regional trial courts Special courts- sandiganbayan (anti-graft court); court of tax appeals (same level with court of appeals) Quasi-judicial agencies-administrative bodies under the executive branch performing quasi-judicial functions and the independent constitutional commission that don't form part of the integrated judicial system •involve the settlement or adjudication of controversies or disputes Classifications of law. As to its purpose Substantive law - portion of the body of law creating, defining, and regulating rights and duties which may be either public or private in character. •Example: law on obligations and contracts Adjective law - portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed. Also called: remedial law/procedural law As to its subject matter Public law - or the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. Example: criminal law - the law (which defines crimes and provides for their punishment international law – law that governs relations among nations or states Constitutional law - that which governs the relations between state and its citizens Administrative law – governs methods by which functions of administrative authorities are to be performed Criminal Procedure – governs methods of trial and punishment in criminal cases Private Law - regulates the relations of individuals with one another for purely private ends -State is also involved in private law; it enforces private law but simply as a law arbiter and not as a party. -civil law; commercial or mercantile law, and civil procedure ( provides for the nature means by which private rights may be enforced.) Law on Obligations and Contracts -the body of rules which deals with the sources of obligations and rights and duties arising from agreements and the particular contracts Civil Code of the Phil. (RA No. 386) -Based mainly on the Civil Code of Spain which took effect in the Phil. On December 7, 1889 - Approved on June 18, 1949, and Effective on August 30, 1950 Conclusive Presumption of Knowledge of Law Ignorance of the law excuses no one from compliance therewith (Art.3, Civil Code). The reasons: -If laws will not be binding then social life will be impossible due to being unknown to many -almost impossible to absolve those who do not know the law -our conscience carries norms of right and wrong and a sense of duty -administration of justice would be defeated if persons could unsuccessfully plead ignorance of the law to escape legal consequences
