Introduction to Law

Prosecutor Janet Grace B.

Dalisay-Fabrero
Reflection
Assuming you were given by a scientist/inventor
friend a highly innovative, complicated newly
invented machine, aside from saying thank you
what do you think the most appropriate thing to
ask or do regarding said machine?
The answer is simple. Follow his
instructions. Follow the
machine manuals instructions
and the machine will work.

A manual is one required to
know how this machine can
work properly and
appropriately. It contains the
INSTRUCTIONS the every user
needs.

How can the human machine
this strange, lovable and
complex machine called Man,
with its mortal body and its
eternal soul be made to
function well? The answer is
also simple: Follow the
instructions of its Maker. Unless
this is done, the human machine
will become futile, senseless
object, utterly incapable of
fulfilling its destiny. These
instructions from the maker
we call the LAW
Law defined on its Most Generic
Sense
Law may be defined in its most generic sense as
an ordinance of reason promulgated for the
common good by HIM who is in-charge.
Law as defined in the
Widest/Comprehensive term
The term law means any rule of action or any
system of uniformity.

Thus law in general determines not only the
activities of men as rational beings but also the
movement or motions of all objects of creation,
whether animate or inanimate
What is law?
A definition: law is the system of control (i.e. a set of rules)
through which society operates (i.e. citizens must obey or
suffer a penalty)
Law declares how we must behave and consists of those rules
which are enforced through the legal system (particularly the
courts)
The system is more complex in reality as the rules are
affected by social, economic, political and international
considerations
General Divisions of Law
1. Law (in the strict legal sense) which is
promulgated and enforced by the STATE
Example STATE LAW
2. Law (in the non-legal sense) which is not
promulgated by the State
Example Divine law, natural law, moral law and
physical law

General Divisions of Law
State law, divine law, natural law and moral law
are comprised in the definition of law as RULE
OF ACTION. These laws apply to rational
beings only.

Physical law operates on all things including
men without regards to the latters use of
Will power and intelligence. It is
Called law only in figurative sense.
DIVINE LAW
This law refers to the law
of religion and faith and
focuses with the concept
of SIN.

It is under the field of
philosophical theology
DIVINE LAW
Law is promulgated by GOD
and revealed to mankind by
means of direct revelation.

The sanction of divine law lies
in the assurance of certain
rewards and punishment in
present life to come. Example:
Divine law under the Old
Testament is embodied in the
Ten Commandments. To the
Mohammedans, divine law is
embodied in the Quoran.
NATURAL LAW
Natural law may be defined as the
divine inspiration in mans sense of
justice, fairness and righteousness
not by divine revelation but by
mans internal dictates of reason
alone.

There is in every man a basic
understanding of right and wrong
based on an understanding of the
fundamental standard or criterion
of good and evil.
NATURAL LAW
There are some acts or conduct
which man knows in his heart and
his conscience not by theorizing by
dictates of his moral nature are
simply good or bad or evil.
Natural is impressed in man as the
core of his higher self at the very
moment of being or perhaps even
before that,
It is regarded as the reasonable
basis of STATE LAW and belongs to
the field of METAPHYSICS.

MORAL LAW
Moral law represents the totality of
the norms of good and right conduct
growing out of the collective sense
of right and wrong of every
community.

The mores or ways of life were then
evolved which were always
considered right and correct and
obedience to them may be
demanded by the group.
MORAL LAW
Moral law has no definite legal
sanction. If a member of the
community disregards the moral
norms, a spontaneous social reaction
is produced in the form of public
displeasure, contempt or even
indignation. Moral law is not
absolute as it varies with the
changing times.

Moral law, to a great extent,
influences or shapes STATE LAW and
under the field of ETHICS.
PHYSICAL LAW
A physical law or scientific law is "a
theoretical principle deduced from
particular facts, applicable to a defined
group or class of phenomena, and
expressible by the statement that a
particular phenomenon always occurs if
certain conditions be present.
A property of a physical phenomenon,
or a relationship between the various
quantities or qualities which may be
used to describe the phenomenon, that
applies to all members of a broad class
of such phenomena, without exception.
PHYSICAL LAW
Over the years, one thing scientists
have discovered is that nature is generally
more complex than we give it credit for.
The following laws of physics are
considered fundamental, but many of
them refer to idealized, closed systems,
which are hard to obtain in the real world.
Also, some are altered slightly in different
circumstances. The laws that Newton
developed, for example, are modified by
the findings of the theory of relativity, but
they are still basically valid in most regular
cases that you'll run into. Other examples
Newton's Three Laws of Motion Law" of
Gravity:


CONCEPTS OF LAW
Considered as a cause derecho is the abstract
science of law; considered as an effect, it is
the given.

Ley is a specific law.

Example : A student of law (derecho) studies
specific laws (leyes).


STATE LAW
State law means law that is promulgated by the
State
Other terms used POSITIVE LAW or HUMAN
POSITIVE LAW, MUNICIPAL LAW, CIVIL LAW OR
IMPERATIVE LAW
As a rule of action, only the state can enforce it.
STATE LAW IN ITS GENERAL SENSE
State law is defined by the late Senator Arturo
Tolentino (Also a civil law expert of the Philippines)
as the mass of obligatory rules established for the
purpose of governing the relations of persons in the
society. Examples of use of law in these sense: rule
of law and not of men; equality before the law
STATE LAW IN ITS SPECIFIC SENSE
State law in specific sense has been defined as a rule of
conduct, just, obligatory, promulgated by legitimate
authority and of common observance and benefits.
(Sanchez Roman)
State law or human positive law is a reasonable rule of
action, expressly or indirectly promulgated by proper
human authority for the common good and usually but not
necessarily imposing a sanction in case of disobedience.
STATE LAW IN ITS SPECIFIC SENSE
Elements/Characteristics of State Law
a. It is a rule of conduct comprising of
reasonable rules of action
b. It is obligatory there must be positive
command imposing it as a duty. Usually but
not necessarily carries with it sanctions to
ensure obedience and compliance.
STATE LAW IN ITS SPECIFIC SENSE
c. It is promulgated by legitimate authority. Meaning
the persons promulgating the law have the power to
bind. While competency is ideally expected from
person promulgating the law, this is not strictly the
requirement for validity and enforceability of the
law.
d. It is of common observance or benefit It is one
intended to serve man. It regulates relations of men
to maintain harmony in the society.
Why study law?
To become a more effective business operator by:
recognising and managing risks
being aware of the law and the legal environment and
how they impact on decision making
To become a more resourceful consumer
Everyone is presumed to know it, so it will be beneficial to
know the basic concepts
The law is a reflection of community values (Do you agree?)
Law not only shapes the business environment, but is shaped
by business
Law, order, morality & justice
Preservation of order within the community
(e.g. road rules)
Societys values:
changing
competing
victimless crimes
Fair treatment
The rule of law
NECESSITY AND FUNCTION OF LAW
Is law necessary?
1. The Harm Principle
Laws created under the Harm Principle are written to
protect people from being harmed by others. Laws
against violent crime and property crime fall into this
category. Without basic Harm Principle laws, a society
ultimately degenerates into despotism--the rule of the
strong and violent over the weak and nonviolent. Harm
Principle laws are essential, and every government on
Earth has them.

NECESSITY AND FUNCTION OF LAW
2. The Parental Principle
In addition to laws intended to discourage people from
harming each other, some laws are written to prohibit
self-harm. Parental Principle laws include compulsory
attendance laws for children, laws against neglect of
children and vulnerable adults, and laws banning the
possession of certain drugs. Some Parental Principle laws
are essential to protect children and vulnerable adults,
but even in those cases they can be oppressive if they are
not narrowly written and sensibly enforced.

NECESSITY AND FUNCTION OF LAW

3. The Morality Principle
Some laws are based not strictly on harm or self-harm
concerns, but also on promoting the personal morality of
the law's authors. These laws are usually, but not always,
grounded in religious belief. Historically, most of these
laws have something to do with sex--but some European
laws against Holocaust denial and other forms of hate
speech also appear to be motivated primarily by the
Morality Principle.

NECESSITY AND FUNCTION OF LAW
4. The Donation Principle
All governments have laws granting goods or services
of some kind to its citizens. When these laws are used
to control behavior, however, they can give some
people, groups, or organizations unfair advantages over
others. Laws promoting specific religious beliefs, for
example, are gifts that governments extend to religious
groups in hopes of gaining their support. Laws
punishing certain corporate practices are sometimes
used to reward corporations that are in the
government's good graces, and/or to punish
corporations that are not.
NECESSITY AND FUNCTION OF LAW
5. The Statist Principle
The most dangerous laws are those intended to protect
the government from harm, or to increase its power for its
own sake. Some Statist Principle laws are necessary--laws
against treason and espionage, for example, are essential to
the stability of government. But Statist Principle laws can also
be dangerous--laws restricting criticism of the government,
such as flag burning laws that prohibit the desecration of
symbols that remind people of the government, can easily
lead to a politically oppressive society full of imprisoned
dissidents and frightened citizens who are afraid to speak out.

NECESSITY AND FUNCTION OF LAW
Functions
Law
secures justice
resolves conflict
orders society
protects interest
controls social relations

IN OTHER WORDS, NO SOCIETY CAN LAST AND
CONTINUE WITHOUT MEANS OF SOCIAL CONTROL,
WITHOUT RULES ON SOCIAL ORDER BINDING ON ITS
MEMBERS
Characteristics of the law: certainty
People in both their personal and business
lives should be able to:
form relationships with others
enter into contracts, such as those
relating to marriage and the acquisition
and disposal of property
reasonably secure in their knowledge of
what they are doing and their
understanding of its effects
Characteristics of the law: flexibility
The law must be able to respond without
undue delay to the challenge of change at
all levels of society

Characteristics of the law: fairness
The effectiveness of law depends upon its
acceptance by members of society and
that will not be available where a law is
inequitable, unfair or unreasonable
Characteristics of the law:
accessibility
All should have access to knowledge of the law,
either directly or through intermediaries.
[T]o bind the citizen by a law, the terms of which
he has no means of knowledge, would be a mark of
tyranny.

Sir Garfield Barwick, Watson v Lee (1979) 144 CLR 374 at 379
SOURCES OF LAW IN THE
PHILIPPINES
1. Constitution the fundamental law of the law being
deemed to be promulgated by the people
themselves. All other legislations of the country must
be in consonance with the Constitution. Present
Constitution is the 1987 Philippine Constitution
Define Constitution: written instrument by which the
fundamental powers of the government are established,
limited and defined and by which these powers are
distributed among the several departments for their safe
and useful exercise for the benefit of the people (
Malcolm and Laurel, Philippine Constitutional law)
SOURCES OF LAW IN THE
PHILS.
2. Legislation the legislative department of
the Philippine is the CONGRESS comprising of
the house of senate and the house of
representatives. The laws passed by
Congress are known as statutes or laws.
Those laws passed by legislative bodies of the
local government units such as Sangguniang
Panlalawigan, Sangguniang Panglusod are
known as ordinances

SOURCES OF LAW IN THE
PHILS.
3. Administrative or executive orders, regulations and
rulings
Law making power legislative exercise
Rule making power administrative exercise.
If laws are passed by Congress, the executive body is
mandated to enforce these laws. To guide the executive
body in enforcement of these laws, the executive is duly
empowered to pass rules and regulations governing the
implementation of these laws. This is an exercise of its
rule making power. Rules and regulations passed by the
by, executive body are intended to clarify or explain the
law and carry into effect its general provision. They must
not be contrary to laws and the Constitution.
SOURCES OF LAW IN THE
PHILS.
4. Judicial decisions or jurisprudence
SUPREME COURT it is the highest court of the law and
is empowered to interpret the laws of the land.
Jurisprudence refers to decisions of the Supreme Court
on a particular case which are binding to all lower courts,
meaning it must be made as guidance and applicable in
rendering decision on cases of similar facts and
circumstances to ensure uniformity in interpretation of
the law. Decision of the Supreme Court on a particular
issue is part of the legal system of the country.
Decision of SC being binding to all lower courts is based
on the doctrine of PRECEDENT or STARE DECISIS.

SOURCES OF LAW IN THE PHILS.
Decision of the lower court binds only the parties of the
case and not binding upon other courts rendering similar
facts or circumstances. What is binding to lower courts
would be the jurisprudence of the SC.

Be it noted that rulings of the SC is pro-active and
dynamic. Meaning SC may reverse or modify its previous
rulings and for this reason, judges and lawyers must be
abreast of the changing character of the law and
jurisprudence from time to time.

SOURCES OF LAW IN THE PHILS.
5. Customs- 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.
It has the force of law when recognized and
enforced by law.
A custom must be proved as fact according to
the rules of evidence. (Art. 12, Civil Code)


SOURCES OF LAW IN THE
PHILS.
6. Other sources
Principles of justice and equity
Decisions of foreign tribunals
Opinions of text writers and religion.
They are however only supplementary, that is,
they are resorted to by the courts in the absence
of all the other sources. They are, however, not
binding on the courts.

RULES IN INTERPRETATION
Our Civil Code provides that no judge or court
shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the
laws.
(Art. 9, Civil Code)

In case of the doubt in the interpretation or
application of laws, it is presumed that the law
making body intended right and justice to
prevail.
(Art. 10)

In our country, courts are not only courts of law
but also of justice.
ORGAN OF SOCIAL LAW

Law is not an end in itself. It may be viewed as a
means of SOCIAL CONTROL- the control of social
behaviour that affects others.






SUPREME COURT
ORGANIZATION OF COURTS
COURT OF
APPEALS
COURT OF TAX
APPEALS
SANDIGAN
BAYAN
REGIONAL TRIAL
COURTS
MUNICIPAL TRIAL
COURTS
MUNICIPAL CIRCUIT
TRIAL COURTS
METROPOLITAN
TRIAL COURTS
JURISDICTION OF THE METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS/MUNICIPAL CIRCUIT TRIAL COURTS
Civil
(1) Exclusive (EOJ)
o Actions involving personal property valued at not more than 300K/400K
o Actions demanding sum of money not exceeding 300K/400K
Includes admiralty & maritime cases
o Probate proceedings where gross value of estate does not exceed 300K/400K
o Actions involving title/possession of real property where assessed value does
not exceed 20K/50K
o Provisional remedies in principal actions within their jurisdiction

o Summary Procedure
Forcible entry and unlawful detainer
Irrespective of amount of damages or unpaid rentals sought to be recovered
Other cases where total of the claim does not exceed 100K/200K
o Inclusion and exclusion of voters


JURISDICTION OF THE METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS/MUNICIPAL CIRCUIT TRIAL COURTS
(2) Delegated
o Cadastral and land registration cases
No controversy or opposition, and
Contested lots valued at more than 100K

(3) Special
o Petition for Habeas Corpus
In the absence of all RTC judges


JURISDICTION OF THE METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS/MUNICIPAL CIRCUIT TRIAL COURTS
B. Criminal
(1) Exclusive
o Summary Procedure
Violations of traffic laws, rules and regulations
Violations of rental law
Violations of city/municipal ordinances committed w/in territorial
jurisdiction
Offenses punishable with imprisonment of not more than 6 months, or
a fine not exceeding 1K, or both
Regardless of other impossible accessory or other penalties and civil
liability arising therefrom
Offenses involving damage to property through criminal negligence
where imposable fine does not exceed 10K
o Offenses punishable with imprisonment of not more than 6 years
Irrespective of fine
Regardless of other impossible accessory


JURISDICTION OF THE REGIONAL TRIAL COURTS
CIVIL
1) Exclusive
o Other cases where demand or value of property in controversy
exceeds 300K/400K
o Actions in admiralty & maritime jurisdiction where
demand/claim exceeds 300K/400K
o Probate proceedings where gross value of estate exceeds
300K/400K
o Actions involving title/possession of real property where
assessed value exceeds 20K/50K
o Actions not capable of pecuniary estimation
o Cases not falling within EJ of any court, tribunal, person or body
exercising judicial or quasi-judicial functions


JURISDICTION OF THE REGIONAL TRIAL COURTS
o Under Securities & Regulation Code
Devices or schemes employed by the board of directors,
business associates, its officers or partnership, amounting to
fraud or misrepresentation
Controversies arising out of intra-corporate partnership
relations
Controversies in the election or appointment of directors,
trustees, officers, or managers of such corporation,
partnership or association
Petition to be declared in a state of suspension of
payments
o Application for issuance of writ of search and seizure in
civil actions for infringement of intellectual property
o Violations of Anti-Money Laundering Act


JURISDICTION OF THE REGIONAL TRIAL COURTS
B.Criminal
(1) Exclusive
o Not within the EJ of any court, tribunal, or body
Offenses punishable with imprisonment of more
than 6 years irrespective of fine
Offenses not falling within EOJ of Sandiganbayan
None of the accused is occupying a position
corresponding to salary grade 27 and higher
o Only penalty provided by law is a fine exceeding 4K
o Jurisdiction to impose the maximum and most
serious penalty imposable for an offense forming part
of the complex crime


JURISDICTION OF THE
COURT OF APPEALS
A. Exclusive
(1) Annulment of judgments of RTC
(2) Petitions under Rule 65 involving an act or
omission of a quasi-judicial agency

JURISDICTION OF SUPREME COURT
A. Exclusive
Petitions under Rule 65 against:
o CA
o COMELEC
o COA
o Sandiganbayan
o CTA en banc
o Ombudsman in criminal and non-administrative
disciplinary cases


Classification of Law
As to purpose
a. Substantive law creates and
defines rights and duties either
public or private in character
b. Adjective (procedural) law
prescribes the manner or
procedure by which rights or
duties are enforced.
Classification of the law: public law
and private law
Public law
regulates the interaction of citizens with the state
(e.g. criminal law, constitutional law, administrative law)
Private law
regulates the relationship between individuals within a
state (e.g. Obligations and contracts law, tort law,
property law)
Public law
administrative law
constitutional law
criminal law
International law

Private law
- CIVIL LAW (law on Obligations and Contracts,
Property etc)
- COMMERCIAL OR MERCANTILE LAW
- CIVIL PROCEDURE
Classification of the law:
criminal law and civil law
criminal law
generally aims to
punish

civil law
generally aims to
compensate

Classification of Law
According to FORCE or EFFECT
Mandatory ( absolute, imperative) and/or
Prohibitive laws those which have to be complied
with, because they are expressive of public policy;
disobedience is punished either by direct penalties
or by considering an act or contract void.
Permissive (or suppletory) laws those which may
be deviated from, if the individual so desires. ( In
the case of hidden treasure the finder gets 50%
and the owner of land on which it is found gets
50% (See 438) However by agreement the
proportion can be changed.
Civil law in the Philippines
Most of our civil laws are found and
codified in the Civil Code of the
Philippines (REPUBLIC ACT NO. 386)
which took effect on August 30, 1950.

The civil code contains 2270 articles.

Prior to the R.A. No. 386, the civil laws
in the Philippines were based on the
Old Civil Code of Spain of 1889
Civil law in the Philippines
Meaning of Civil Law It is that
branch of law that treats of the
personal and family relations of
an individual, his property and
successional rights and the
effects of his obligations and
contracts.
The word civil is derived from
the Latin term civiles a citizen
as distinguished from a savage
or barbarian.
Civil law in the Philippines
While most of our laws are found in the Civil
Code still the Civil Code is not the only place
where we can find our civil laws. The Civil
Code is a compilation of existing civil laws,
scientifically arranged into books, titles,
chapters and sub-heads and promulgated by
the legislative authority. From time to time,
legislations are added, modifying, amending
or abandoning previous civil law(s).
BOOKS OF THE CIVIL CODE OF
THE PHILIPPINES
Book I Persons ( as amended by the Family Code of the
Philippines E.O No, 209)
Book II Property, Ownership and Its Modification
Book III- Different Mode of Acquiring Ownership
Book IV Obligations and Contracts
Other Parts
1) Preliminary Title
2) Human Relations
3) Transitional Provisions
4) Repealing Clause
LAW ON OBLIGATIONS
AND CONTRACTS
This law is found in Book IV of Republic Act No. 386 or the
New Civil Code of the Philippines.
ARTICLES 1156 TO 1304 Law on Obligations
(149 articles)
ARTICLES 1305 TO 1422 Law on Contracts (118 articles)
ARTICLES 1423-1430 - Natural Obligations (8 articles)
Total of 275 articles to be taken up excluding law on
damages ( 41 articles -Arts. 2195 to 2235) and new FRIA
law (Financial Rehabilitation and Insolvency Act)

LAW ON OBLIGATIONS
AND CONTRACTS

Law on Obligations and Contracts:
It is the body of rules which deals with the
nature and sources of obligations and rights and
duties arising from agreements and particular
contracts.
APPLICABILITY OF LAW
Ignorantia juris non excusat or ignorantia legis
neminem excusat (Latin for "ignorance of
the law does not excuse" or "ignorance of the law
excuses no one")
It is a legal principle holding that a person who is
unaware of a law may not escape liability for
violating that law merely because he or she was
unaware of its content.
Under the Philippine laws, there is conclusive
presumption that everyone knows the law. This is
to give effect to the so called FORCE OF LAW.