Introduction to Law
INTRODUCTION TO LAW
THE GENERAL NATURE OF LAW
Meaning of Law:
In its widest and most comprehensive sense, law refers to any rule of action or system of uniformity.
It determines the activities of rational beings and the movements of all objects, animate or inanimate.
General Divisions of Law:
Law can be broadly divided into two categories:
Law in the Strict Legal Sense:
This refers to laws promulgated and enforced by the state, known as state law.
Law in the Non-Legal Sense:
This includes divine law, natural law, moral law, and physical law.
Cite: M.J. Gamboa, Introduction to Philippine Law, 6th ed., p. 3.
Subjects of Law:
State law, divine law, natural law, and moral law apply to rational beings.
Physical law applies to all things, working without regard to willpower or intelligence; hence it is figuratively considered law.
DIVINE LAW
Definition:
The law of religion, concerned with the concepts of sin and salvation.
Source:
Formally promulgated by God; revealed to mankind through direct revelation.
Example: Under the Old Testament, found in the Ten Commandments as given to Moses.
Note: Different religions perceive divine law differently, e.g., the Muslim Quran for Mohammedans.
Sanction:
The sanction consists of promises of rewards and punishments, either in this life or the afterlife (Clark, Elementary Law, p. 5).
NATURAL LAW
Definition:
Natural law is defined as the divine inspiration of a sense of justice and righteousness, recognized by internal dictates of reason, not by divine revelation.
Binding Force:
Binding on all people everywhere and at all times; grounded in the fundamental understanding of good and evil.
Example: Killing or stealing is universally recognized as bad or evil.
Comparison with Divine Law:
While similar, natural law differs as it is not communicated through direct revelation but is an intrinsic element of human conscience.
Place in State Law:
Viewed as a reasonable basis for establishing state law.
MORAL LAW
Definition:
The collective norms of good and bad conduct formed from community consensus on morality.
Determining Right and Wrong:
Societies need established norms to define what constitutes right and wrong, leading to the evolution of mores.
Sanction:
Lacks specific legal sanctions; public displeasure or approval arises from deviation or conformity.
Example: Polygamy is condemned in the Philippines but may be socially accepted in other cultures.
Place in State Law:
Influences and shapes the enforcement of state law.
PHYSICAL LAW
Definition:
Refers to orderly sequences of natural actions and reactions; not enforceable, as they apply to inanimate objects.
Nature:
Physical laws relate to the natural phenomena sensed and experienced by humans.
Example: Laws of gravitation and chemical combination.
STATE LAW
Definition:
The law enforced and promulgated by the state, known as positive law, municipal law, civil law, or imperative law.
Governed areas include obligations, contracts, marriage, justice administration, electoral processes, etc.
Binding Force:
Only state law entails enforcement through state power, including physical force if necessary.
Distinction from Other Laws:
State law deals primarily with violations of state-enforced laws. Other laws (divine, natural, moral, or physical) are primarily under the realm of philosophical or ethical discussions.
CONCEPTS OF STATE LAW
Concepts:
General: Refers to all laws collectively; defined as the mass of obligatory rules governing societal interactions (A. Tolentino).
Example phrases include "law of the land" and "equality before the law."
Specific: Defined as a just, obligatory conduct promulgated by legitimate authority.
CHARACTERISTICS OF LAW
Law is a rule of conduct deciding what must or must not be done.
Obligatory in nature; it imposes duty and involves sanctions for enforcement.
Created by legitimate authority, e.g., the legislature in a democratic context.
Intended for common observance and benefit, regulating relationships to ensure societal order.
NECESSITY AND FUNCTIONS OF LAW
Society's existence hinges on laws establishing internal order and external defense, negating the assumption that life without laws would remain unchanged.
Key functions of law include:
Securing Justice.
Resolving Social Conflict.
Ordering Society.
Protecting Interests.
Controlling Social Relations.
Example: Lack of laws against violence would lead to chaotic societal conditions; regulatory laws promote order in every societal aspect, from finance to traffic.
SOURCES OF LAW
Constitution:
The supreme law, detailing governmental powers and mandates.
It binds all citizens and government agents.
Legislation:
Enacted law from competent authorities is the primary source of law in the Philippines. Includes local government ordinances.
Administrative Rules and Regulations:
Issued under legislative authority, aimed at detailing existing laws.
Judicial Decisions (Jurisprudence):
Court decisions, especially from the Supreme Court, serve as law through precedent.
Higher court decisions bind subordinate courts.
Custom:
Established norms accepted over time as binding; may hold legal status if recognized by the state.
Other Sources:
Includes principles of justice, opinions from legal scholars, and religion, but they're supplementary and non-binding.
RULES IN CASE OF DOUBT IN INTERPRETING LAW
Courts are mandated to render judgment despite legislative ambiguities (Art. 9, Civil Code).
Presumption favors justice, which guides statutory interpretation towards achieving equitable outcomes (Art. 10, Civil Code).
Courts aim for justice, sometimes foregoing strict law interpretations if they serve fairness better.
Cite: Pangan vs. Court of Appeals.
ORGANS OF SOCIAL CONTROL
Law acts as a means of social control, managing behaviors affecting others. These organs of control include:
Legal institutions alongside churches, corporations, schools, and communities in regulating societal behavior.
COMPARING LAW WITH OTHER MEANS OF SOCIAL CONTROL
Institutional Authority:
Legal institutions are granted authority representing the whole citizenry, unlike organizations serving specific memberships (e.g., churches).
Scope of Rule-Making:
Legal institutions can enforce rules binding upon all citizens, while social organizations have limited applicability.
Mandatory Compliance:
Exit from legal obligations isn't an option for citizens, contrasting the voluntary nature of social group memberships.
Sanctions:
Legal sanctions (e.g., imprisonment, fines) differ in severity and variety from civil organizations' regulations.
Due Process:
Legal procedures demand due process before sanctions are enacted, while social organizations are not necessarily bound by such requirements.
ORGANIZATION OF COURTS
Judicial power is vested in a Supreme Court and lower courts formed under the Constitution (Art. VIII, Sec. 1).
Hierarchical Structure:
Supreme Court at the apex, with lower courts including Court of Appeals, Regional Trial Courts, Metropolitan Trial Courts, etc.
Special Courts:
Include the anti-graft court and other specialized courts like the Court of Tax Appeals.
Quasi-Judicial Agencies:
Administrative bodies undertaking quasi-judicial functions; they do not form part of the judicial system but handle disputes and controversies.
CLASSIFICATIONS OF LAW
By Purpose:
Substantive Law: Defines rights and duties and can be public (criminal law) or private (obligations and contracts).
Adjective Law: Covers procedures for enforcement of rights.
By Subject Matter:
Public Law: Governs relations between individuals and the state.
Includes criminal, international, constitutional, and administrative law.
Private Law: Regulates interactions among individuals; includes civil law, commercial law, and civil procedure.
LAW ON OBLIGATIONS AND CONTRACTS
Definition:
The law comprises rules dealing with the nature, sources, rights, and duties from agreements and contracts (Art. 1307).
Civil Code of the Philippines:
Mandated by Republic Act No. 386, effective from August 30, 1950. Historically based on the Spanish Civil Code, its content includes obligations and contracts in Book IV, detailing general provisions and specific contracts.
Conclusive Presumption of Law Knowledge:
Ignorance of the law does not excuse violations (Art. 3, Civil Code); everyone is conclusively presumed to know the law.
LAWS, OBLIGATIONS, AND ENFORCEMENT
Nature of Obligations under the Civil Code:
Obligations recognized by law (civil obligations) allow creditors to demand performance; natural obligations lack enforceability despite moral equivalence.
Essential Requisites of an Obligation:
Passive Subject: Debtor or obligor bound to fulfill the obligation.
Active Subject: Creditor or obligee entitled to demand fulfillment.
Object: Subject matter of the obligation (act, performance, etc.).
Juridical Tie: Legal connection binding parties (Art. 1157).
Obligations Derived from Law:
Types of obligations originating from laws, contracts, quasi-contracts, delicts, and quasi-delicts (Art. 1157).
Civil Liability for Crimes:
Civil liability arises from criminal actions, requiring compensation for damages caused (Art. 1161).
QUASI-DELICTS
Definition:
Quasi-delicts arise from acts or omissions inflicting damage on another, leading to obligations to compensate (Art. 2176).
Differences with Crimes:
Crimes usually involve malicious intent and incur both civil and criminal liabilities; quasi-delicts only entail civil liability due to negligence.