CONCEPTS OF LAW

1) General or abstract sense - founded on the rational nature of man

Moral Laws - right or wrong as dictated by the human conscience.
Morality recognizes that humans have free will to achieve their unique
and individual aspirations

2) Specific or material sense - a rule of conduct that are just and obligatory promulgated by legitimate authority.
A. It is a rule of conduct - Law serves as a guide to an individual on how he will act to others and the community.
B. Law must be just - Law serves as a guide to human conduct in order to attain stability of the social order.
C. It must be obligatory - Laws should be enforced.
D. Laws must be prescribed by legitimate authority
E. Law must be ordained for the common benefit - Law should be applied equally to all citizens.

KINDS OF SPECIFIC LAW

1. Mandatory - should be done
2. Prohibitory - should not be done
3. Permissive - what it permits to be done should be tolerated or respected.

Article VII Sec. 13, 1987 Philippine Constitution - The President, Vice-President, Cabinet members, and their deputies
are prohibited from holding other jobs, practicing any profession, participating in businesses, or having financial interests
in government contracts or franchises during their term. They must avoid conflicts of interest.
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GENERAL DIVISIONS OF LAW
1. Divine law - God himself is the legislator who has promulgated the law.
2. Human law - promulgated by man to regulate human relations.

Human Law - Divided into two (2) main classes.

1. General or Public Law
A)International law - governs the relations between nations or states.
B) Constitutional law - governs the relations between human beings as citizens of a state.
C)Administrative law-governs the relations between officials and employees of the government.
D) Criminal law - guaranties the coercive power of the law so that it will be obeyed.
E) Religious law - regulates the practice of religion.

2. Individual or Private Law

A) Civil law - regulates the relations of individuals for purely private ends.
B) Mercantile law - regulates the special relations produced by commercial transactions.
C) Procedural law - provides for the means by which private rights may be enforced.
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NATURE OF PHILIPPINE LAW
Philippine law is a blend of Customary Law influence, Civil Law influence, and Common Law influences.

CIVIL LAW INFLUENCES - Written codes that serve as the primary source of law.
Ex. Contractual relations, Property Relations, Family Relations

COMMON LAW ELEMENTS - Procedures and the structure

of the courts.
- Influence is clearly seen in the Philippine judicial system's approach to jurisprudence
- Decisions of higher courts bind lower courts.
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CONSTITUTIONAL FRAMEWORK
The 1987 Constitution is the supreme law of the Philippines.
- outlines the Structure of the government
- Enumerates the rights of Filipino citizens
- establishes the directives for governmental operations
- Separation of powers among the legislative, executive, and judicial branches

STATUTORY LAWS - laws created by the government through the legislative process

LOCAL AND NATIONAL LAWS - Legal system recognizes the autonomy of local government units // Enactment of
ordinances and resolutions

LEGAL PROCEDURES AND JUDICIARY - interpreting the law ///

Supreme Court being the highest tribunal /// Decisions are final and executory ///

INFLUENCE OF INTERNATIONAL LAW - Philippines is a participant in the global legal community adhering to various
international treaties and conventions which then become part of the domestic legal system upon ratification rank higher
than statutory laws but
below the constitution

Article 2 of the New Civil Code - (EFFECTIVITY OF LAW) - Laws shall take effect AFTER fifteen days of posting in the
official gazette or newspaper in general circulation.
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SOURCES OF LAW -

1. THE CONSTITUTION - the fundamental and supreme law of the land /// As such, it is the authority of the highest order
against which no other authority can prevail /// Every official action, to be valid, must conform to it. ///

2. STATUTES - intended to provide rules and regulations.

Ex. Acts of Congress, Municipal charters and legislation, Court Rules, Administrative rules and orders, Legislative
rules, Presidential Issuances.

R.A. 11967 or the Internet Transaction Act of 2023 - Regulates electronic commerce in the country.
RA 10173 or the Data Privacy Act of 2012 - It protects your personal data which is treated in the same way as your own
personal property. *Personal data should never be collected, processed and stored by any organization without your explicit consent,
unless otherwise provided by law.

3. TREATIES AND CONVENTIONS - a compact made between two or more independent nations /// Treaties have the
same force of authority as statutes.

4. JUDICIAL DECISIONS - applying to or interpreting the laws or the Constitution shall form a part of the legal system of
the Philippines’. (Article 8, Civil Code). *These decisions assume the same authority as the statutes to which they apply or interpret
5. CUSTOMARY LAW - set of laws based on the traditions, customs, or norms of a local community which individual
follow in the course of their interactions
*The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures,
traditions and institutions’ (Art XIV, Section 17 of the 1987 Constitution)
*The old Civil Code provided that ‘where no statute is exactly applicable to the point in controversy, the custom of the place shall be
applied, and in the absence thereof, the general principles of law in the absence of any statute governing the point in controversy.

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PROCEDURE IN THE ENACTMENT OF LAWS Outline of the legislative process, as mandated by the
Constitution:

1. Preparation of the Bill - The Member or the Bill Drafting Division of the Reference and Research Bureau
prepares and drafts the bill upon the Member's request.
2. First Reading of the Bill - On First Reading, the Secretary General reads the title and number of the bill. The
Speaker refers the bill to the appropriate Committee/s.
3. Committee consideration - The Committee where the bill was referred to evaluates it to determine the
necessity of conducting public hearings.

4. Second Reading of the Bill - On Second Reading, the Secretary General reads the number, title and text of the
bill and the following takes place:
a. Period of Sponsorship and Debate
b. Period of Amendments
c. Voting which may be by viva voce, count by tellers, division of the House; or nominal voting

5. Third Reading of the Bill- On Third Reading, the Secretary General reads only the number and title of the bill.
A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his vote. No
amendment on the bill is allowed at this stage.
The bill is approved by an affirmative vote of a
majority of the Members present. If the bill is disapproved, the same is transmitted to
the Archives.
The approved bill is transmitted to the Senate for
its concurrence

6. Transmittal of the approved bill to the Senate - After the Bill is approved with the lower house of Congress, it
will be transmitted to the Senate. /// In the Senate, The bill undergoes the same legislative process.
7. Conference Committee -
1. A Conference Committee is formed to amend, revise, and finalize the Bill.
2. The conferees are not limited to reconciling the differences in the bill but may introduce new
provisions germane to the subject matter or may report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both Houses. No
amendment is allowed.
*A conference committee is a temporary, ad hoc panel composed of House and Senate conferees formed for
the purpose of reconciling differences in legislation that has passed both chambers.

8. Transmittal of the bill to the President - Presidential action on the bill. The President may approve or veto the
bill.
If the bill is approved by the President, the same is If the bill is vetoed by the President, the bill,
assigned an RA number and transmitted to the together with a message citing the reason for the
House where it originated. veto, is transmitted to the House where the bill
originated.

9. Action on approved bill - 10. Action on vetoed bill -

the bill is reproduced, and copies are sent to the the message is included in the Order of Business. If
Official Gazette Office for publication and the Congress decides to override the veto, the
distribution to the implementing agencies. It is then House and the Senate shall proceed separately to
included in the annual compilation of Acts and reconsider the bill or the vetoed items of the bill. If
Resolutions. the bill or its vetoed items is passed by a vote of
two-thirds of the Members of each House, such bill
or items shall become a law.