INTRODUCTION TO LAW Natural law

THE GENERAL NATURE OF LAW - Divine inspiration in man of the sense of

justice, fairness, and righteousness by
Meaning of law in general
internal dictates of reason alone.
- Any rule of action or any system of 1. Binding force – ever present and
uniformity. binding on all men at all times.
- Determines not only activities of men There is in every man a basic
but also movements of all objects or understanding of right and wrong
creation, animate or inanimate based on a fundamental standard
of good and evil.
General divisions of law 2. Compared to divine law – said to be
2 general groups: impressed in man as the core of his
higher self at the very moment of
1. Law (in the strict legal being or even before that (C.
sense) – promulgated by Pascual Legal Method, 2nd ed., p
the state (state of law) 111)
2. Law (in the non-legal sense) 3. Place in state law – regarded as
– not promulgated and reasonable basis of state law
enforced by the state
(divine law, natural law, Moral law
moral law, physical law) - Totality of the norms of good and ight
Subjects of Law conduct growing out of the collective
sense of right and wrong of every
 divine law, natural law, moral law – community
apply to men as rational beings only 1. Determination of what is right and
 physical law – operates on all things, wrong – at early stage of existence,
including men, without regard to the human beings learned that it was
latter’s use of their will power and good for the welfare of the group
intelligence. that the privilege to determine
Divine law what is right and what is wrong was
not left to each member of the
- law of religion and faith which concerns group. Mores or way of life evolved
itself with the concept of sin and which were considered right and
saolvation correct and obedience to them was
1. Source – promulgated by God, demanded by the group
revealed through direct revelation 2. Sanction – there is no definite legal
a. Under OT (10 Commandments) sanction for violation of purely
b. Differs according to what one moral law (only spontaneous social
believes reaction such as public displeasure
2. Sanction – lies in the assurance of or public pleasure)
certain regards and punishments in 3. Binding force – not absolute; varies
the present life or in the life to with the changing times, conditions
come. or conviction of the people
 4. Place in state law – influences or  Natural law –
shapes state law metaphysics
 Moral law – ethics
Physical law
 Physical law – physical
- In the operation or course of nature, science
there are uniformities of actions and
Concepts of (state) law
orders of sequence which are the
physical phenomena that we sense and 2 concepts: general or abstract sense &
feel. They are known as the laws of specific or material sense
physical science or physical law.” (Ibid.,
p. 19) 1. General sense – all laws taken
1. Order or regularity in nature – together; “the mass of obligatory
nothing more than an order or rules established for the purpose of
regularity in nature by which governing the relations of persons
certain results follow certain causes in society” (law on the land, rule of
(clark elementary law, p. 34) law and not of men, equality before
2. Called law only by analogy – this the law enforcement of the law)
order or regularity is called law only 2. Specific sense – “rule of conduct,
by analogy. just, obligatory promulgated by
legitimate authority, and of
State law common observance and benefit.”
(law on oblicon)
- Particularly concerns us in this work is
the state law that is promulgated and Characteristics of law
enforced by the state
1. Other terms used – positive law, The characteristics of law in its specific
municipal law, civil law, or sense are:
imperative law (oblicon, marriage 1. It is a rule of conduct – law takes
administration of justice conduct of cognizance of external acts only; tells us
elections, entire governmental what shall and shall not be done
process itself) 2. It is obligatory – law is considered a
2. Binding force – only state law is positive command imposing a duty to
enforced by the state, with the aid obey and involving a sanction which
of its physical force, if necessary forces obedience
3. Concern of state law – the fields of 3. It is promulgated by legitimate
state law are different from those authority – in a democratic country,
of divine law, natural law, and legitimate or competent authority is the
moral law. State law does not legislature. Under the Constitution, laws
concern itself with violations of the called “statutes” are enacted by
latter rules of action unless they congress
also constitute violations of its 4. It is of common observance and benefit
commands. – law is intended by man to serve man.
 Divine law – It regulates the relations of men to
philosophical theology create harmony in society.
5.
Necessity and functions of law acknowledged and approved by society
as binding rules of conduct
1. What would life be without law? – No
6. Other sources – principles of justice and
society can be stable without internal
equity, decisions of foreign tribunals,
order for external defense.
opinions of textwriters, and religion;
2. What des law do? – secures justice,
only supplementary, resorted by the
resolves social conflict, orders society
courts in the absence of ALL the other
protects interests, controls social
sources; not binding on the courts
relations.
3. What is our duty as members of Rule in case of doubt in interpretation of
society? – every citizen should have application of laws
some understanding of law and observe
Civil Codes provides that no judge or court shall
it for the common good
decline to render judgement by reason of the
Sources of law silence, obscurity or insufficiency of the laws
(Art. 9, CC). In case of doubt, it is presumed that
1. Constitution – “written instrument by
the lawmaking body intended right and justice
which the fundamental powers of the
to prevails (Art. 10)
government are established, limited,
and defined, and by which these Organs of social control
powers are distributed among the
Law is not an end in itself. It may be viewed as a
several departments for their safe and
means of social control – the control of social
useful exercise for the benefit of the
behavior that affects others. (Howards and
people”; fundamental law or supreme
Summers, op. cit., p. 38)
law or highest law
2. Legislation – consists in the declaration Law compared with other means of social
of legal rules by a competent authority. control
Acts passed by the legislature are so-
called enacted law or statute law; 1. Laws are made and administered by the
includes ordinances by LGUs only institution in society authorized to
3. Administrative or executive orders, act in behalf of the entire citizenry.
regulations, and rulings – issued by Churches, for example, act only for their
administrative officials under legislative members
authority; intended to clarify or explain 2. Only the legal institutions within the
the law society can make rules, regulations an d
4. Judicial decisions or jurisprudence – the orders with which the entire citizenry
decision of the court applying or must comply. (Rules of economic
interpreting the laws or the constitution organizations govern only limited
form part of the legal system of the numbers)
Philippines. The decision of a superior 3. People associated with an organization
court are binding on all subordinate can ordinarily terminate their
courts (doctrine of precedent or state relationship and thereby free
decisis) themselves from the impact of its rules
5. Custom – consists of habits and and regulations
practices which through long and 4. Sanctions or techniques of control thru
uninterrupted usage have become law are more varied and complex than
 techniques available to organizations b. Adjective law – prescribing the
such as churches, labor unions, and manner or procedure by which
political parties. A sanction is remedial if rights may be enforced or their
the object is the indemnification of the violations redressed; remedial law
person who has suffered damages or or procedural law (provision of law
injury from violation of law, and penal if which says that actions for recovery
the object is the punishment of the of real property shall be filed with
violator the Regional Trial Court or the
5. Before the law operates against and regions where the property or any
individual, various procedural steps are part thereof lies); governed by the
required. Such steps are commonly Rules of Court promulgated by the
referred to as “due process” of law. Supreme Court
2. As to its subject matter
Organization of courts
a. Public law – body of legal rules
1. Regular courts – The Philippine judicial which regulates he rights and duties
system consists of hierarchy of courts arising from the relationship of the
resembling a pyramid with the SC at the state to the people (criminal law,
apex. Other courts are: (A) one Court of international law, constitutional
Appeals, (b) Regional Trial Courts (C) law, administrative law, criminal
Metropolitan Trial Courts and Municipal procedure)
Trial Courts and Municipal Circuit Trial b. Private law – body of rules which
Courts. regulates the relations of
2. Special courts – special anti-graft court individuals with one another for
the Sandiganbayan; forms part of the purely private ends (law on
judicial hierarchy together with the obligations and contracts, civil law,
Court of Tax Appeals commercial or mercantile law, civil
3. Quasi-judicial agencies – administrative procedure)
bodies under executive branch
Law on obligations and contracts defines
performing quasi-judicial functions
(National Labor Relations Commission, - Body of rules which deals with the
SEC, Land Transportation Franchising nature and sources of obligations and
and Regulatory Board, Insurance the rights and duties arising from
Commission, COA, COMELEC Civil agreements and the particular contracts
Service Commission); involve (Art. 1307)
settlement or adjudication of
Civil Code of the Philippines
controversies or disputes.
- Law of oblicon is found in RA No. 386,
Classification of Law
“Civil Code of the Philippines”;
1. As to its purpose approved on June 18, 1949; took effect
a. Substantive law – creating, defining, on August 30, 1950
and regulating rights and duties - CC is mainly based from Spain which
which may either be public or took effect on December 7, 1889.
private in characer (law on oblicon) -
Civil Code provisions on obligations and
contracts

Book IV of the CC deals with oblicon. The

general provisions of obligations are contained
in Title I, Articles 1156-1304, while contracts in
Title II, Articles 1405-1422. Book IV contains
new provisions dealing with natural obligations
which are found in Title III Articles 1423-1430

Conclusive presumption of knowledge of law

Ignorance of law excuses no one from

compliance therewith. (Art. 3, Civil Code)

Reasons of presumption:

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
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 ignorance of the law
to escape the legal consequences of
their acts