INTRODUCTION TO LAW

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What is law in general?

Law is any rule of action or system of uniformity.

What are the two general divisions of law?

• Law (in the strict legal sense) - issued and enforced by the state. (state law)

• Law (in the nonlegal sense) - not issued and-enforced by the state.

What laws are included under nonlegal law?

• Divine law

• Natural law

• Moral law

• Physical law

Which laws apply to humans as rational beings?

• State law

• Divine law

• Natural law

• Moral law

What law operates on all things, whether animate or inanimate?

Physical law

What is divine law?

The law of religion and faith concerning sin and salvation.

What is the source of divine law?

God, through direct revelation

Where is divine law embodied in Christianity under the Old Testament?

The Ten Commandments.

What is the sanction of divine law?

Rewards and punishments in the present life or life to come.

What is natural law?

The divine inspiration in people of justice, fairness, and righteousness through reason.

How is natural law known?

Through internal dictates of reason and conscience.

Is natural law binding on everyone?

Yes, it is considered present and binding on all people everywhere and at all times.

What is the difference between natural law and divine law?

Divine law is known through direct revelation, while natural law comes from a person's inner sense of justice and reason.

What is the place of natural law in state law?

It is regarded as a reasonable basis of state law.

What is moral law?

The norms of good and right conduct based on a community's sense of right and wrong.

What is the sanction for violating moral law?

Social reactions such as public displeasure, contempt, or indignation.

Does moral law have a definite legal sanction?

No.

Is moral law absolute?

No. It may change depending on time, conditions, and people's beliefs.

What is the relationship between moral law and state law?

Moral law greatly influences or shapes state law.

What is physical law?

The uniformity and regularity of actions and events in nature.

Why can't physical law be disobeyed?

Because it operates on objects that have no power to choose whether to obey.

Why is physical law called a law only by analogy?

Because it describes regularity in nature rather than prescribing rules of conduct.

What is state law?

Law promulgated and enforced by the state.

What are other names for state law?

• Positive law

• Municipal law

• Civil law

• Imperative law

Which type of law is enforced by the state?

State law

Does state law concern itself with violations of divine, natural, or moral law?

Only when those violations also violate state law.

What are the two concepts of state law?

• General or abstract sense

• Specific or material sense

What is law in its general sense?

The mass of obligatory rules governing relations of persons in society.

What is law in its specific sense?

A rule of conduct that is just, obligatory, promulgated by legitimate authority, and for common observance and benefit.

What are the four characteristics of law?

It is:

• A rule of conduct

• Obligatory

• Promulgated by legitimate authority

• Of common observance and benefit

What does it mean that law is a rule of conduct?

It tells us what should and should not be done.

What does it mean that law is obligatory?

It imposes a duty to obey and has sanctions to enforce obedience.

Who is the legitimate authority that enacts statutes in the Philippines?

Congress (Legislative branch)

Why must law be of common observance and benefit?

To maintain harmony, order, and coexistence in society for everyone's benefit.

Why is law necessary?

Because society needs order, stability, and social control.

What are the functions of law?

To secure justice, resolve conflicts, order society, protect interests, and control social relations.

What is the duty of citizens regarding law?

To understand and observe the law for the common good.

What are the principal sources of law in the Philippines?

• Constitution

• Legislation

• Administrative rules and regulations

• Judicial decisions

• Customs

What is the Constitution?

The fundamental or supreme law that establishes, limits, and defines government powers.

Why is the Constitution called the highest law of the land?

Because all laws and government acts must conform to it.

What happens to a law inconsistent with the Constitution?

It may be declared void.

What is legislation?

The declaration of legal rules by a competent authority.

What is another term for laws passed by the legislature?

Enacted law or statute law.

What are administrative rules and regulations?

Rules issued by administrative officials under legislative authority to clarify and implement laws.

When are administrative acts valid?

When they are not contrary to the Constitution or laws.

What are judicial decisions or jurisprudence as a source of law?

Court decisions, particularly Supreme Court decisions, that interpret or apply laws and the Constitution.

What is the doctrine of precedent or stare decisis?

The principle that lower courts are bound by decisions of superior courts on points of law.

Can the Supreme Court change its previous rulings?

Yes, it may reverse or modify them.

What is custom as a source of law?

Habits and practices that, through long and uninterrupted usage, become accepted as binding rules of conduct.

When does custom have the force of law?

When recognized and enforced by the state.

Can customs contrary to law or public policy be applied?

No

What are supplementary sources of law?

Principles of justice and equity, foreign decisions, opinions of text writers, and religion.

Can a judge refuse to decide a case because the law is silent or unclear?

No

In case of doubt in interpreting a law, what is presumed?

That the lawmaking body intended right and justice to prevail.

What is considered the ultimate end of law?

Justice

What is law viewed as in society?

A means of social control

What are examples of other organs of social control?

Churches, schools, families, corporations, political parties, labor unions, and social clubs.

Who can make rules binding on the entire citizenry?

Legal institutions authorized to act on behalf of the entire state.

What is due process?

The requirement of procedural steps, including a hearing and fair opportunity to be heard, before the law operates against an individual.

What is usually the strongest sanction available to organizations like churches or labor unions?

Expulsion from the organization

What is a common sanction that an employer can impose on an employee?

Loss of employment or dismissal

What are examples of sanctions available under the law?

Imprisonment, deportation, revocation of licenses, confiscation of property, civil liability, dissolution of organizations, and denial of privileges.

What is a remedial sanction?

A sanction intended to compensate or indemnify a person who suffered damage or injury.

What is a penal sanction?

A sanction intended to punish the violator.

What is judicial power?

The power to decide actual cases and controversies involving the interpretation and application of laws.

Where is judicial power vested?

In the Supreme Court and lower courts established by law.

What are the regular courts in the Philippine judicial hierarchy?

• Supreme Court

• Court of Appeals

• Regional Trial Courts

• Metropolitan Trial Courts

• Municipal Trial Courts

• Municipal Circuit Trial Courts

What courts are considered courts of general or superior jurisdiction?

• The Supreme Court

• Court of Appeals

• Regional Trial Courts

What are examples of special courts?

• Sandiganbayan

• Court of Tax Appeals

What are quasi-judicial agencies?

Administrative bodies that settle or adjudicate controversies but are not part of the integrated judicial system.

Classifications of law as to its purpose.

• Substantive law

• Adjective law

Classifications of law as to its subject matter.

• Public Law

• Private Law

What is substantive law?

Law that creates, defines, and regulates rights and duties.

What is an example of substantive private law?

The law on obligations and contracts.

What is adjective law?

Law that prescribes the procedure or manner by which rights are enforced or violations are remedied.

What are other names for adjective law?

Remedial law or procedural law.

What is public law?

Law regulating rights and duties arising from the relationship between the state and the people.

What are examples of public law?

Criminal law, international law, constitutional law, and administrative law.

What is private law?

Law regulating relations between individuals for purely private ends.

What are examples of private law?

Civil law, commercial law, civil procedure, and obligations and contracts.

What is the law on obligations and contracts?

The body of rules dealing with the nature and sources of obligations and the rights and duties arising from agreements and particular contracts.

Where is the law on obligations and contracts found?

Republic Act No. 386, or the Civil Code of the Philippines.

What law mainly influenced the Civil Code of the Philippines?

The Civil Code of Spain.

When was the Civil Code approved as Republic Act No. 386?

June 18, 1949

When did the Civil Code take effect?

August 30, 1950

What does Article 3 of the Civil Code state?

Ignorance of the law excuses no one from compliance with it.

What is the conclusive presumption regarding knowledge of the law?

Everyone is conclusively presumed to know the law.

Why can't ignorance of the law generally be used as an excuse?

Because it would make enforcement difficult and allow people to evade legal responsibilities.

Does ignorance of a law imposing a penalty excuse its violation?

No