I.

Introduction to Law

- What is Law?
In a general sense, a law is any rule of action or any system of uniformity.
Examples of law under this definition include the law of gravity and the laws of motion.

- Characteristics of Law
1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by legitimate authority
4. It is of common observance and benefit

- General Divisions of Law

Strict Legal Sense Non-Legal Sense
Promulgated by the State (Legislative Branch) Not promulgated by the State
Enforced by the State (Executive Branch) Not enforced by the State
Example: State Law Examples: Divine Law, Natural Law &
Physical Law

- Subjects of Law – subjects of law are generally divided into two categories:

1. Law as a rule of action – this means that the laws under this category provide for standards that
define right and wrong actions and uniformity.

Law as a Rule of Action

Divine Law Natural Law Moral Law State Law
Law of religion & faith Defined by inner Norms of good and Promulgated rules
dictates of reason right conduct of conduct.
Source is God Source is Fairness & Varies from Law as defined in
Righteousness culture, conditions the strict legal
and time. sense.
Reward or Punishment in Reasonable basis for No definite Punishments are
life or afterlife State Laws. punishment for its defined under
violation. promulgated rules.

2. Law in the figurative sense – not a law per se but treated as such because of the uniformity it
creates among all things

Physical law – generally speaking, these are laws of physical science that affects all things, including
human beings. Though it may be perceived by the human senses, in most cases, it cannot be
altered.
a. Order or Regularity in Nature – This refers to the natural order of things in nature. These are laws
of science which all things cannot disobey.
Example: The food chain in the wild dictates that the lion is the predator and the gazelle is the prey.
b. Law by Analogy – These are rules that create a regularity or order of things.

Example: Law of Gravity

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 - Necessity of Law
1. The law promotes compliance with rules
2. The law provides:
a. Justice
b. Order
c. Conflict Resolution
d. Protection of Interest
e. Control of Personal and Social Relations
3. The law requires members of society to abide by a GENERAL social order

- Substantive Law vs. Procedural Law – the distinction lies in the purpose of the law.
Substantive Law Procedural Law
Creates or defines rights and duties which Prescribes the manner or procedure by
may be private or public. which rights may be enforced.
Example: Obligations and Contracts Example: Katarungang Pambarangay, Civil
Procedure, Criminal Procedure and Special
Proceedings

- Public Law vs. Private Law – the distinction lies in the relationship governed.
Public Law Procedural Law
Governs relationship between the State and Governs relationships between individuals.
the people
Example: Criminal Law & Constitutional Law Example : Obligations and Contracts &
Persons and Family Relations (both under
Civil Law)

- Sources of Law
1. Constitution – the Constitution is the supreme law of the land. The current one that we have right
now is the 1987 Philippine Constitution.
2. Legislation – these are the laws that have been passed by the legislature (Congress and Senate)
3. Administrative or Executive Orders, Regulations and Rulings – These are what we call
administrative laws. Examples of this are laws implemented by the DOLE, DENR and other similar
government agencies.
4. Judicial Decisions (Jurisprudence) – The Supreme Court, as the head of the judiciary, can hear and
decide cases. The rulings to such cases become part of the interpretation and application of the
law.
5. Customs – These are habits and practices of a community which have ripened into a rule of
conduct. An example of this are the practices of indigenous communities in the mountain
provinces.

- Basic Legal Concepts

1. Parens Patriae – This is the concept that the government must protect the citizens.
2. Equal Protection Clause (Sec. 1, Art. III, 1987 Phil. Constitution) – This means that the law
applies equally to all individuals without bias.
3. Non-Impairment Clause (Sec. 10, Art. III, 1987 Phil. Constitution) – This means that a law that
changes the terms of a contract will be declared null and void.

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 4. Publication Requirement (Art. 2, New Civil Code) – Laws need to be published for them to take
effect. This is a necessary requirement for conclusive presumption to apply.
5. Conclusive Presumption (Art. 3, NCC) – Ignorance of the law excuses no one from compliance
therewith.
6. Duty to Render Judgement (Art. 8, NCC) – Judges have the duty to make judgements on cases
before them.
7. Presumption of Intent (Art. 10, NCC) – it is presumed that the intention of the law-making body
was to promote justice and what is right.
8. Applicability of Custom (Art. 11 & 12, NCC) – Customs must be proven as a fact and must not be
contrary to laws, public order or public policy.
9. Applicability of Penal Laws (Art. 14, NCC) – In general, all people, including foreigners, are
covered by criminal laws in the Philippines. Therefore, if a foreigner does a crime in the
Philippines, he/she will be made liable.
10. Human Relations (Arts. 19 to 21, NCC) – Any person who causes damage to another, either with
intent or unintentionally, shall be made liable to the person to whom the damage was caused.
11. Unjust Enrichment (Art. 22, NCC) – No person shall be unjustly enriched at the expense of another.

- Hierarchy of Courts (Exhaustion of Remedies)

1. Barangay – in some cases, barangay procedures are a necessary requirement before going to any
court. A “Certificate to File Action” may be required for minor cases.
2. Administrative Bodies – As a rule in Philippine Administrative Law, the exhaustion of
administrative remedies requires that ALL other remedies must be used before going to courts.
3. Metropolitan Trial Court or Metropolitan Circuit Trial Court – this is the lowest court in the
judicial system.
4. Regional Trial Court – this is the court of general jurisdiction, cases which are beyond the scope of
the MTC or MCTC are filed in the RTC.
5. Court of Appeals – this is the court where most cases from the MTC, MCTC or RTC are sent for
appeal.
6. Court of Tax Appeals – this is the court where tax cases are usually appealed after exhaustion of
administrative remedies.
7. Sandiganbayan – this is a special court for government officials with a salary grade of SG 27 or
higher.
8. Supreme Court – the highest Court in the Philippines, rulings of the Supreme Court form part of
the legal system and of the laws of the land. It has the power of control over all courts and even
the study of law.

II. Law in the Philippines

- The law degree in the Philippines is divided into eight (8) major subjects.
1. Constitutional Law – The field of law that deals with the 1987 Philippine Constitution. Since the
constitution is the supreme law of the land, all laws must comply with the Constitution. This is
why for every subject of law, a constitutional basis is always being given.
2. Remedial Law – The field of law that deals with the procedures in enforcements of rights.
3. Criminal Law – The field of law that defines the acts or omissions that are punishable by law.
4. Civil Law – The field of law that defines the relations and obligations between persons.

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 5. Commercial Law – This is a branch of law that deals with the kinds of business organizations
that can be established and the relations it may have with other persons.
6. Taxation Law – This field of law that deals with the fiscal obligations of natural individuals and
business organizations to contribute to the national fund.
7. Labor Law – This field of law generally pertains to the relations and transactions between
employers, employees and the government agencies regulating laws on employment.
8. Legal Ethics – This is a field of law that dictates the rules of conduct for lawyers.

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