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.

1. INTRODUCTION TO LAW
Thess A. Tubongbanua
College Instructress

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. Subjects of law
• 1. Men as rational beings
• 2. All things including men

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. LAW IN THE NON-LEGAL SENSE
• -

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. 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. 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. 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. 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. 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. LAW IN THE LEGAL SENSE
• -

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. 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. 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. 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. 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. Sources of Law
The principles sources of law in the Philippines
are the:
• Constitution
• Legislation
• Administrative rules and regulations
• Judicial decisions
• Customs

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Credits to:
The Law on Obligations and Contracts, 2014, pp 1-16
Hector S. De Leon
Hector M. De Leon, Jr.