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Introduction to Law

Introduction to Law for school discussion. Credits to the authors of the Book, The Law on Obligations and Contracts, 2014, De Leon and De Leon, Jr.

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Introduction to Law

  1. 1. INTRODUCTION TO LAW Thess A. Tubongbanua College Instructress
  2. 2. The general nature of law • Any rule of action or any system of uniformity • Determines the activities of men • Determines the movements or motions of all objects of creation, whether animate or inanimate.
  3. 3. Subjects of law • 1. Men as rational beings • 2. All things including men
  4. 4. General divisions of law In the strict legal sense: • promulgated and enforced by the state. • Referred to as state law In the non-legal sense: • not promulgated and enforced by the state. • Includes divine law, natural law, moral law and physical law
  5. 5. LAW IN THE NON-LEGAL SENSE • -
  6. 6. Divine Law • Law of religion and faith • Concerns itself with the concept of sin SOURCE SANCTION Promulgated by God and revealed to mankind by means of a direct revelation (thru prophets, scriptures) Lies on the assurance of certain rewards and punishments in the present life or in the life to come.
  7. 7. Natural Law • Divine inspiration in man of the sense of justice, fairness and righteousness by internal dictates of reason alone. 1) Binding force a basic understanding of what is right and wrong. 2) Compared to divine law natural law is impressed in man as the core of his higher self. 3) Place in state law regarded as the reasonable basis of state law.
  8. 8. Moral Law • Totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. 1. Determination of what is right and wrong The mores or ways of life were then evolved which were always considered right and correct, and obedience to them was demanded by the group 2. Sanction There is no definite legal sanction for violation of purely moral law thought this would result to public displeasure
  9. 9. Moral Law (cont.) 3. Binding force Moral law is not absolute. It varies with changing times, conditions or convictions of the people. 4. Place in state law Moral law, to a great extend influences or shapes state law.
  10. 10. 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.
  11. 11. Physical Law 1. Order or regularity in nature A law of physical science, being addressed to objects which have no power to disobey, is in reality nothing more than an order or regularity in nature by which certain results follow certain causes 2. Called law by analogy This order is called law only by analogy. Examples of physical law are the law of gravitation and the law of chemical combination
  12. 12. LAW IN THE LEGAL SENSE • -
  13. 13. STATE LAW • Law that is promulgated and enforced by the state. 1. Other terms used Also called positive law, municipal law, civil law, or imperative law. The law that we refer to in connection with obligations and contracts, marriage, administration of justice, conduct of elections and the entire governmental process itself.
  14. 14. STATE LAW (cont.) 2. Binding force As a rule of action, only state law is enforced by the state, with the aid of its physical force, if necessary 3. Concern of state law State law does not concern itself with violations of the rules of action unless they also constitute violations of its commands.
  15. 15. Concepts of (State) Law • The term law may be understood in two concepts: 1) In its general sense It refers to all the laws taken together. 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 rule of conduct, and of common observance and benefit.
  16. 16. Characteristics of Law 1) It is a rule of conduct Law tells us what shall be done and what shall not be done. Law takes cognizance of external acts only. 2) It is obligatory Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience
  17. 17. Characteristics of Law (cont.) 3) It is promulgated by legitimate authority Statutes are enacted by the Congress which is the legislative branch of our government. LGUs are also empowered to enact ordinances. 4) It is of common observance and benefit Law is intended by man to serve man. It regulates the relations of men to maintain harmony in society and to make order and co-existence possible. Law must be observed by all for the benefit of all.
  18. 18. Sources of Law The principles sources of law in the Philippines are the: • Constitution • Legislation • Administrative rules and regulations • Judicial decisions • Customs
  19. 19. The Constitution of the Philippines is defined as the written instrument by which the fundamental powers of the government are established, limited, and defined, and which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people Sources of Law 1. Constitution
  20. 20. It consists in the declaration of legal rules by a competent authority. Acts passed by the legislature are so- called enacted law or stature law. It includes ordinances enacted by the Local Govt. Units (LGUs) Sources of Law (cont.) 2. Legislation
  21. 21. They are those issued by the administrative officials under legislative authority. Administrative rules and regulations are intended to clarify or explain the law and carry into effect its general provisions and are valid only when they are not contrary to the laws and the Constitution. Sources of Law (cont.) 3. Administrative or executive orders, regulations and rulings
  22. 22. The decisions of the courts, particularly the Supreme Court, applying, or interpreting the laws of the Constitution form part of the legal system of the Philippines. The decision of a superior court on a point of law are binding on all subordinate courts. This is called the doctrine of precedent or stare decisis. Sources of Law (cont.) 4. Judicial decisions or jurisprudence
  23. 23. It consists of those habits and practices which through long, and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct. Sources of Law (cont.) 5. Custom
  24. 24. What may be added are principles of justice and equity, decisions of foreign tribunals, opinions of textwriters, and religion. They are but supplementary, in the absence of all other resources, not binding on the courts. Sources of Law (cont.) 6. Other sources
  25. 25. Rule in case of doubt in interpretation or application of laws • Our Civil Code provides that no judge or court shall decline to render judgement by reason of the silence, obscurity or insufficiency of the laws. • In our country, courts are not only courts of law but also of justice. The ultimate end of the law is justice.
  26. 26. Organizations of courts Main divisions 1. REGULAR COURTS THE HIERARCHY OF PHILIPPINE JUDICIAL SYSTEM : Municipal Circuit Trial Courts (in cities not forming part of a Metropolitan area) Metropolitan Trial Courts (in Metropolitan areas) established by Law Regional Trial Courts (sitting in different provinces and cities) Court of Appeals COURTS OF GENERAL OR SUPERIOR JURISDICTION Supreme Court
  27. 27. Organizations of courts Main divisions 2. SPECIAL COURTS 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
  28. 28. Organizations of courts Main divisions 3. QUASI- JUDICIAL AGENCIES Administrative bodies under the executive branch performing quasi-judicial functions like the National Labor Relations Commission, the Securities and Exchange Commission, Land Transportation Franchising and Regulatory Board, Insurance Commission, etc. and the Independent Constitutional Commission, Civil Service Commission, Commission on Elections and Commission on Audit, do not form part of the integrated judicial system. Their functions are described as “quasi-judicial” because they involve also the settlement or adjudication of controversies or disputes
  29. 29. CLASSIFICATIONS OF LAW As to purpose: Substantive and Adjective Law SUBSTANTIVE LAW That portion of the body of law creating, defining, and regulating rights and duties which may be either public or private in character. An example of a substantive and private law is the law on obligations and contracts
  30. 30. CLASSIFICATIONS OF LAW As to purpose: Substantive and Adjective Law ADJECTIVE LAW Sometimes called remedial law or procedural law That portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed.
  31. 31. Adjective Law Governed by the Rules of Court promulgated by the Supreme Court and by special laws As to its subject matter 1) Public law or the body of legal rules which regulates the rights and duties from the relationship of the state to the people. Example of a public law is criminal law. When a crime is committed, there is violation on the rights of a victim and the state because the crime disturbs the peace and order of the state
  32. 32. Adjective Law Governed by the Rules of Court promulgated by the Supreme Court and by special laws As to its subject matter 2) Private law or the body of rules which regulates the relations of individuals with one another for purely private ends. Included in the private law are civil law, commercial or mercantile law, and civil procedure. Civil procedure is that branch of private law which provides for the means by which private rights may be enforced.
  33. 33. Law on obligations and contracts defined The law on obligations 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 Phils. The law on obligations and contracts is found in RA 386, otherwise known as the Civil Code of the Phils. When we speak of civil law, we refer to the law found primarily on our Civil code.
  34. 34. Law on obligations and contracts defined The law on obligations 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 Phils. The law on obligations and contracts is found in RA 386, otherwise known as the Civil Code of the Phils. When we speak of civil law, we refer to the law found primarily on our Civil code.
  35. 35. Civil Code provisions on obligations and contracts – Book IV of the Civil Code deals with obligations and contracts. Title I, Articles 1156-1304 contains the general provisions on obligations Title II, Articles 1305 - 1422 Contains the general provisions on contracts Book IV, Title III, Articles 1423 - 1430 Contains new provisions dealing with natural obligations
  36. 36. Conclusive presumption of knowledge of law “Ignorance of the law excuses no one from compliance therewith.” (Article 3, Civil Code.) “Everyone, therefore, is conclusively presumed to know the law.”
  37. 37. Conclusive presumption of knowledge of law 1.) If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many; 2) It is almost impossible to prove the contrary when a person claims ignorance of the law; 3) It is absurd to absolve those who do not know the law and increase the obligations of those who know it;
  38. 38. Conclusive presumption of knowledge of law 4) In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason indicates many times what we have to do and in more complicated juridical relations, there are lawyers, who should be consulted. 5) Evasion of the law would be facilitated and the administration of justice would be defeated if persons could successfully plead of their acts, or to excuse non- performance of their legal duties.
  39. 39. Credits to: The Law on Obligations and Contracts, 2014, pp 1-16 Hector S. De Leon Hector M. De Leon, Jr.

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