Concept and Classifcation of Law

Rule of conduct formulated and made obligatory by legitimate power of the state
Includes RA, PD, EO (president in the e of legislati!e power", Presidential issuances (ordinance
power" #urisprudence, ordinances passed by sanggunians of local go!ernment units$
%orld& 'egal (ystem
Statute Law and its classes
An act of legislature (Philippine )ommission, Phil$ 'egislature, *atasang Pambansa, )ongress"
PD&s of +arcos during the period of martial law ,-./ )onstitution
EO of A0uino re!olutionary period 1reedom )onstitution
Public 2 a3ects the public at large
general 2 applies to the whole state and operates throughout the state ali4e upon all people or
all of a class$
(pecial 2 relates to particular person or things of a class or to a particular community,
indi!idual or thing$
'ocal 'aw 2 operation is confined to a specific place or locality (e$g municipal ordinance"
Pri!ate 2 applies only to a speci5c person or sub6ect$
Permanent and temporary statutes
Permanent 7 one whose operation is not limited in duration but continues until repealed$
8emporary 7 duration is for a limited period of time 5ed in the statute itself or whose life
ceases upon the happening of an e!ent$ o E$g$ statute answering to an emergency
Other classes of statutes
Prospecti!e or retroacti!e 2 accdg$ to application
Declaratory, curati!e, mandatory, directory, substanti!e, remedial, penal 2 accdg$ to operation
According to form o A9rmati!e o :egati!e
)onstitution Distinguished *y (tatute
(tatutes Proper and repository of statute proper
Codes of the Philippines
)i!il )ode
Re!ised Penal )ode
'abor )ode
:ational Internal Re!enue )ode
'ocal ;o!ernment )ode
Administrati!e )ode
Intellectual Property )ode
)orporation )ode
'egislati!e *odies of ;o!ernment
Methods in adopting the constitution
a$ Proclamation :o$ -, creating the )onstitutional )ommission of <= members$
b$ Appro!al of the draft )onstitution by the )onstitutional )ommission on October ,<, ,->?
c$ Plebiscite held on 1ebruary @, ,->.
d$ Proclamation :o$ <>, proclaiming the rati5cation of the )onstitution$
When bill becomes a law
,$ %hen the President signs itA
@$ %hen the President !etoes it but the !eto is o!erridden by two7 thirds !ote of all the
members of each Bouse
/$ %hen the President does not act upon the measure within /= days after it shall ha!e been
presented to him
Political 7 It is that branch of public law which deals with the organiCation and operations
of the go!ernmental organs of the (tate and de5nes its relations with the inhabitants of
the territory$
DE %hat is the scope of political lawF AE ,$ Political law @$ )onstitutional law /$
Administrati!e law G$ 'aw on municipal corporations <$ 'aw on public o9cers ?$ Election laws
.$ Public international law
)onstitutional 'aw
'ocal 'egislation
Publication of Ordinance
Subordinate Legislation
It is the authority of the administrati!e body tas4ed by the legislature to implement laws to
promulgate rules and regulations to properly eecute and implement laws$
Public Corporation
One created by the state, either by general or special act for purposes of administration of local
go!ernment or rendering ser!ice in the public interest$
Municipal Corporation
*ody politic and corporate constituted by the incorporation of inhabitants for of the country , but
chieHy toregulate and administer the local or internal a3airs of the city, town or district which is
incorporated$
International Foreign Law
8he law which deals with the conduct of states and of international organiCations and with their
relations inter se, as well as with some other relations with persons, natural or 6uridical$
(ources of Political 'aw
Public Oce
It is the right, authority, and duty created and conferred by law, by which for a gi!en period,
either 5ed by law or enduring at the pleasure of
the creating power, an indi!idual is in!ested with some portion of the so!ereign functions of the
go!ernment, to be eercised by him for the bene5t of the public$
!lements of Public Oce
,$)reated by )onstitution or by law or by somebody or agency to which the power to
create the o9ce has been delegatedA
@$ In!ested with Authority to eercise some portion of the so!ereign power of the (tate
/$8he powers conferred and the duties to be discharged must be de5ned directly or impliedly
by the 'egislature or through legislati!e authorityA
G$Duties are performed Independently without control unless those of a subordinate$
<$ )ontinuing and Permanent