INTRODUCTION TO LAW

THE GENERAL NATURE OF LAW

MEANING OF LAW IN GENERAL

In its widest and most comprehensive sense, the term law means any rule of
action or any system of uniformity.
Thus, law, general, determines not only the activities of men as rational being
but also the movements or motions of all objects of creation, whether animate or
inanimate.

GENERAL DIVISION OF LAW

Law, as above defined, may be divided into two (2) general groups.
(1) Law (in the strict legal sense) which may promulgated and enforced by
the state; and
(2) Law (in the non-legal sense) which is not promulgated and enforced by
the state.

The first refers to what is known as the state law while the second include
divine law, nature law, moral law, and physical law. (see M.J. Gamboa,
Introduction to Philippines Law, 6th ed., p. 3.)

SUBJECT OF LAW
State law, divine law, natural law, and moral law are comprised in the
definition of Law as a rule of action. They apply to men as rational being only. On
the other hand, physical law operates on all things, including men, without regards
to the latter’s use their will power and intelligence. It is called law only figurative
speaking.
 Before proceeding with the discussion of state law, let us first dispose of
those laws with which the state is not directly concerned.

DIVINE LAW
Divine law is the law of religion and faith which concern itself with the
concept of sin (as contrasted with crime) and salvation.
(1) Source. __ It is formally promulgated by God and revealed or divulged to
mankind by means of direct revelation.
(a) Under the old Testament, divine law is embodied in the Ten
Commandments. It is believed by Christian that these laws were
formally given by God, through Moses, the great Hebrew prophet and
leader. (see C. Pascual, Legal Method, 2nd ed., pp.7-8.)
(b) Of course, divine law differs according to what one believes to have
been established and communicated to mankind by revelation. Thus,
to the Mohammedans, divine law is embodied in the Muslim Quoran.
(2) Sanction. __ The sanction of divine law lies in the assurance of certain
rewards and punishments in the present life or in the life to come. (Clark,
Elementary Law, p. 5.)

NATURAL LAW
Natural law may then be defined as the divine inspiration in man of the sense
of justice, fairness, and righteousness, not by divine revelation or formal
promulgation, but by internal dictates of reason alone.
(1) Binding force – Natural law is ever present and binding on all men
everywhere and at all times. 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. In other words, there are some acts
or conduct which man knows in his heart and his conscience, not by the
dictates of his moral nature, are simply good or bad evil.
Thus, we know that killing for the sake of killing or stealing for the sake of
stealing is bad or evil because it is contrary to what we believe is just, fair
 or righteous. When we speak of this inward instinct if justice, fairness and
righteousness in man as divinely inspired by the dictates of his higher
nature, we are talking about natural law or the law of nature. (see C.
Pascual, The Nature and Elements of the Law, 1954 ed., pp. 9-10)

(2) Compared to divine law – While natural law and divine law are very
similar, they are not, however, the same. Divine Law, as the law of
religious faith, is made known to man by means, of direct revelation. On
the other hand, natural law is said to be impressed in man as the core of
this higher self at the very moment of being or, perhaps, even before that.
(see C. Pascual, Legal Method, 2nd ed., p.111.)
(3) Place in state law – Natural law has been regarded as the reasonable
basis of state law.
MORAL LAW
When we talk of moral law, we are speaking of the 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 – “At a comparatively early
stage of their existence human beings learned that it was good for the
welfare of the group that the privilege to determine what is right and
what is wrong was not left to each member of the group. 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. – As distinguished from state law, there is no definite legal
sanction (punishment imposed by law like imprisonment and / or
payment of fines or damages) or violation of purely moral law. “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. If, on the other hand, there is conformity to the moral
norms, there is created spontaneous social response which may be in the
form of public pleasure, approval or even joy. “(see C. Pascual, The Nature
and Elements of Law, 1954 ed., p. 16.)
 (3) Binding force. – Moral law is not absolute. It varies with the changing
times, conditions or convictions of the people. For example, polygamy is
considered immoral (it is also a crime) in the Philippines, whereas, it is
allowed in some parts of the world. Today’s fashions in women’s dress
are socially allowed but at different times, they would have been morally
condemned.
(4) Place in state law. – Moral Law, to a great extent, influences or shape
state law.

PHYSICAL LAW
“In the operation or course of nature, there are uniformities of actions and
order of sequence which are the physical phenomena that we sense and feel. They
known as the laws of physical science or physical science or physical law.”
(Ibid., p.19.)
(1) Order or regularity in nature – A law of physical science, being addressed
to object 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. (Clark, Elementary Law, p. 34)
(2) Called law only by analogy – In other words, this order or regularity is
called law only by analogy. “Examples of physical law are many. The more
conspicuous ones are the law of gravitation and the law of chemical
combination.” (see C. Pascual, Legal Method, 2nd ed., p.13)

STATE LAW
The kind of law, however, which particularly concerns, us in this work in the
state law or the law that law that is promulgated and enforced by the state.
(1) Other terms used. – This law is called positive law, municipal law, or
imperative law. It is the law that we refer to when we speak of law in
connection with obligations and contracts, marriage, the administrative
of justice, the conduct of elections, and entire governmental process
itself.
 (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. – The fields of state law. – The fields of state law
are different from those of divine law, natural law, and moral law. State
law does not concern itself with violations of the latter rules they also
constitute violations of its commands. A full examination of divine law
properly belongs to the fields of philosophical theology; of natural law, to
metaphysics; of moral law, to ethics; and of physical law, to physical
science or physics. (M.J. Gamboa, op. cit. p. 5.)
Leaving aside these topics, we proceed now with the consideration of state
law.

CONCEPTS OF STATE LAW

The terms law may be understood in two (2) concepts: in the general on
abstract sense, and in the specific or material sense.
(1) In its general sense, the term refers to all the laws taken together. It may
be defined as “the mass of obligatory rules established for the purpose of
governing the relations of person society.” (see A. Tolentino. Civil Code of
the Philippines, 1953 ed., Vol. 1, p. 1.) Example of the use of law in this
sense are: “law of the land,” “rule of law and not of men”, “equality
before the law,” “enforcement of the law,” etc.
(2) In its specific sense, the terms have been defined as “a rule of conduct,
just obligatory, promulgated by legitimate authority, and of common
observance and benefit.” (I Sanchez Roman, 3.) It has this second
connotation when we refer to a particular statute or legal rule, e.g., the
law on obligations and contracts.
CHARACTERISTICS OF LAW
The characteristics of law (in its specific sense) are:
(1) It is a rule of conduct. – Law tells us what shall be done and what shall not
be done. As a rule of human conducts, Law takes cognizance of external
acts only;
 (2) It is obligatory. – Law is considered a positive command imposing a study
to obey and evolving a sanction which force obedience;
(3) It is promulgated by legitimate authority. – In a democratic country, like
Philippines, the legitimate or competent authority is the legislature.
Under the Constitution, laws called “statutes” are enacted by Congress
which is the name of the legislative branch of our government; local
government units are also empowered to enact ordinance which have the
binding force of laws; and
(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 to make order and co- existence possible.
Law must, therefore, be observe by all for the benefit of all.

NECESSITY AND FUNCTIONS OF LAW

(1) What would life be without law? If we can answer this question, we can
answer the more basic question of whether law necessary. If life without
law would be the same as it is now, obviously law is not necessary.
Society come into existence because its members could not live without
it. The need for internal order is as constant as the need for external
dense. No society can be stable in which either of these requirements fails
to be provided for. (see F. Pollack, A First Book on Jurisprudence, 5th ed.,
p. 6.)
(2) What does law do? It has been said that law secures justice, resolve social
conflict, orders society, protects, interest, controls social relations, Life
without basic laws against theft, violence, and destruction would be
solitary, nasty, brutish, and short, Life without other laws, such as those
regulating traffic, sanitation, employment, business, redress of harm or
of broken agreements, etc. – would be less orderly, less healthful, less
wholesome, etc. (see Horward and Summers, Law, its Functions, 1965
ed.,pp.35-37.)
(3) What is our duty as members of society? No society can last and continue
without means of social control, without rules of social order binding on
its members. The sum of such rules as existing in a given society, under
 whatever particular forms, is what, is common speech, we understand by
law or is also referred to as the legal system. Since we find law necessary,
every citizen should have some understanding of law and observe it for
the common good.
SOURCES OF LAW
The principal sources of law in the Philippines are the constitutions and
customs.
(1) Constitution. – With particular reference to the Constitution of the
Philippines, it may be defined as “the 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.” (see Malcolm & Laurel, Phil. Constitutional Law, 1936 ed., p.6.)

It is often referred to as the fundamental law or supreme law or highest

law of the land because it is promulgated by the people themselves,
binding on all individual citizens and all agencies of the government. It is
the law to which all other laws enacted by the legislature (as well as
administrative or executive acts, orders and regulations having the force
of executive acts, orders and regulations having the force of law) must
conform. This means that laws which are declared by the courts to be
inconsistent with the Constitution shall be void and the latter shall
govern. (see art. 7, Civil Code.)
(2) Legislation. _ It consists in the declaration of legal rules by authority.
(Salmond, Jurisprudence, 9th ed., p.209.) It is preponderant source of law
in the Philippines. Acts passed by the legislature are so-called enacted law
or statute law. Legislation includes ordinances enacted by local
governments units.
(3) Administrative or executive orders, regulations and rulings. – They are
those issued by administrative officials under legislative authority.
Administrative rules and regulations are intended to clarify or explain the
law and regulations are intended to clarify or explain the law and carry
 into effect its general provisions, Administrative acts are valid only when
day are not contrary to the law and Constitution. (Art. 7, Civil Code.)
(4) Judicial decisions or jurisprudence. – The decisions of the courts,
particularly the supreme Court, applying or interpreting the laws or the
Constitution form part of the legal system of the Philippines. (Art. 8, Ibid.)
The decisions of a superior court on a point of law are biding on all
subordinate courts. This is called the doctrine of precedent or stare
decisis.
The Supreme Court, However, may reverse or modify any of its previous
rulings. Until then, the decisions of the Supreme Court applying or
interpreting the laws or the Constitution are “laws” by their own right
because they declare what the laws say or mean. Unlike rulings of the
lower courts, which bind the parties to specific cases alone, its
judgements are applied to all. Phil. Veterans Affairs Office vs. Segundo,
164 SCRA 365)
(5) Custom. – “ 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 the state. (M.J. Gamboa, op. cit., p. 15.) For
instance, in a contract for services rendered where no definite
compensation is stipulated, the compensation to be paid may be
ascertained from customs and usages of the place. (see Smith vs, Lopez.,5
Phil. 78.)
A custom must be proved as a fact according to the rules of evidence.
(infra) (art 12, Civil Code.) It may be applied by the by the courts in the
absence of law or law or statute exactly applicable to the point in
controversy. But customs which are contrary to law, public order or
public policy are not countenanced. (Art.11, Ibid.)
(6) Other sources. – To the above may be added 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 courts in the absence of all the others sources. They are,
however not binding on the courts in the courts. (Ibid., pp. 11, 14.)
RULE IN CASE OF DOUBT IN INTERPRETATION OR APPLICATION OF LAWS.
lpresumed that the lawmaking that the lawmaking body intended rights and justice
to prevail,’’ (Art. 10, Ibid.)
In our country, courts are not only courts of law but also of justice. Faced
with a choice between a decision that will serve justice and another that will deny
it because of a too strict interpretation of the law, courts must resolve in favor of
the former, for the ultimate end of the law is justice. (Pangan vs. Court of Appeals,
166 SCRA 375.) This is particularly true where what is at stake is the particularly
true where what is at stake is the life, liberty, or property of an individual, and more
so if he is proof or disadvantaged.
ORGAN OF SOCIAL CONTROL.
Law is not an end in itself. It may be viewed as a means of social control –
the control of social behavior that affects others. (Howards and Summers, op. cit.,
p.38,)
In modern pluralistic societies, there are many organs of social control. For
instance, in the Philippines, in addition to legal institutions – national and local –
there are churches, corporations, political parties, trade associations, schools, labor
unions, professional organizations, social club, families, and host of others. Such
organizations, social clubs, families, and host of others, Such organizations, through
rules, regulations and order, control some of the behavior of their members.
LAW COMPARED WITH OTHER MEANS OF SOCIAL CONTROL
There are several basic differences between social control through law and
control through other methods, to wit;
(1) Laws are made and administered by the only institution in society
authorized to act in behalf of the entire citizenry. Churches, for example,
act only for their members;
(2) Only the legal institutions within the society can make rule, regulations
and others with which the entire citizenry must comply. The rules, etc., of
social and economic organizations, for example, govern only limited;
(3) People associated with an organization can ordinarily terminate their
relationship and hereby free themselves from the impact of its rules and
 regulations. Citizens, of a state, however, cannot do this unless they
choose to leave the geographical area in which the state is sovereign;
(4) The sanction or techniques of control through law are more varied and
complex than the techniques available to organizations such as churches,
labor unions, and political parties. Expulsion is usually the most powerful
technique available to such organizations to secure compliance with their
rules, etc. For employee, it is the loss of his job.
Aside from imprisonment and deportation, there are many other
sanctions available to the law, including denial or revocation of license,
confiscation of property, imposition of civil liability for certain kind of
conduct, dissolution of organizations, and denial of privileges. A Sanction
is remedial if the object is the indemnification of the object is the
indemnification of the person who has suffered damages or injury from a
violation of law, and penal if the object is the punishment of the violator;
and
(5) Before the law “operates” Against an individual, various procedural steps
are required. Thus, the individual must ordinarily be given a hearing and
a fair opportunity to show why he should not, for example, be ordered to
pay money to a claimant, or be deprived of his liberty. Such steps are
commonly referred to as “due process” of law.
Organs of social control other than those provided by law are generally
not required to comply with such procedures in acting against individuals
except when their rules provide therefor. (Ibid., pp. 43-44)
ORGANIZATION OF COURTS.
Under the Constitution, the judicial power or the power to decide actual
cases and controversies involving the interpretation and application of laws, is
“vested in one Supreme Court and in such lower courts as may be established by
laws.” (Art.VIII, Sec. 1 thereof) The judiciary, composed of the courts, is one of the
three (3) main divisions of power in our system of government.

(1) Regular courts. – The Philippine judicial system consists of a

hierarchy of courts resembling a pyramid with the Supreme Court
 at the apex. Under present legislation, the other courts are: (a)
Court of Appeals, (b) Regional Trial Courts sitting in the different
provinces and cities, and (c) Metropolitan Trial Courts in
Metropolitan areas established by law; Municipal Trial Courts in
cities not forming part of a metropolitan area, and in
municipalities; and Municipal Circuit Trial Courts in areas defined
as municipal circuits. Circuit courts exercise jurisdiction over two
(2) or more cities and/ or municipalities.

The Supreme Court, the Court of Appeals, and the Regional Trial
Courts are considered courts of general or superior jurisdiction.

(2) Special courts. – Aside from these courts, there is, under the
Constitution, a special anti-graft, the Sandiganbayan. (Art. XI, Sec.
4 thereof.) t 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.

(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 Commissions (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.
Classifications of law.
The methods for classifying law are many. For our purposes, it would be best
to consider the main classifications of law, first, as to its purpose, and second, as to
its nature.
(1) As to its purpose:

(a) Substantive law or 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 substantive private law is the law on
obligations and contracts; and
(b) Adjective law or that portion of the body of law prescribing the
manner or procedure by which rights may be enforced or their
violations redressed. Sometimes, this is called remedial law or
procedural law. The provision of law which says that actions for the
recovery of real property shall be filed with the Regional Trial Court of
the region where the property or any part thereof lies, is an example
of private adjective law.
Rights and duties are useless unless they can be enforced. It is not
enough, therefore that the state regulates the rights and duties of all who
are subject to the law; it must also provide legal remedies by which
substantive law may be administered. Hence, the need for adjective law.

The adjective law in the Philippines is governed by the Rules of Court

promulgated by the Supreme Court and by special laws.

(2) As to its subject matter:

(a) Public law or the body of legal rules which regulates the rights and
duties arising from the relationship of the state to the people.
An example of public law is criminal law, the law which defines crimes
and provides for their punishment. In legal theory, when a person
commits a crime, he violates not only the right of the individual victim
but primarily that of the state because the crime disturbs the peace
and order of the state.
Also included are: international law or that law which governs the
relations among nations or states; constitutional law or that which
 governs the relations between the state and its citizens; it establishes
the fundamental powers of the government; administrative law or
that which governs the methods by which the functions of
administrative authorities are to be performed; and criminal
procedure or that branch of private law which governs the methods of
trial and punishment in criminal cases; and

(b) Private law or the body of rules which regulates the relations of
individuals with one another for purely private ends. The law on
obligations and contracts comes under this heading because it deals
with the rights and obligations of the contracting parties only. The
state, however, is also involved in private law; it enforces private law
but simply as an arbiter and not as a party. (see M.J Gamboa,op.cit.,
p.98)
Included in 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.
Law on obligations and contracts defined.
“The law of 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.” (Ibid; see Art. 1307)
Civil Code of the Philippines.
The law on obligations and contracts is found in Republic Act No. 386,
otherwise known as the Civil Code of the Philippines. When we speak
of civil law, we refer to the law found primarily in our Civil Code.

The Civil Code of the Philippines is based mainly on the Civil Code of
Spain, which tooke effect in the Philippines on December 7, 1889. I t
was approved as Republic Act No. 386 on June 18, 1949 and took effect
on August 30, 1950.

It is divided into four books.

Civil Code provisions on obligations and contracts.
Book IV of the Civil Code deals with obligations and contracts. The general
provisions on obligations are contained in Title I, Articles 1156-1304, while those
on contracts, in Title II, Articles 1305-1422. The general rules of law governing
contracts are also applicable to the particular kinds of contracts (like sale, agency,
partnership, barter, etc.) in addition to the special provisions of law governing each
type of contract.

Book IV also contains new provisions dealing with natural obligations which
are found in Title III, Articles 1423-1430.

Conclusive presumption of knowledge of law.

Ignorance of the law excuses no one from compliance therewith. (Art.3, Civil
Code.) “Everyone, therefore, is conclusively presumed to know the law.” This
presumption is far from reality but it has been established because of the obligatory
force of law.
The following reasons have been advanced for this presumption:
(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; and
(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 (A. Tolentino, op. cit., pp. 18-19); and
(5) “Evasion of the law would be facilitated and the administration of justice
would be defeated if persons could successfully plead ignorance of the
law to escape the legal consequences of their acts, or to excuse non-
performance of their legal duties. The rule, therefore, is dictated not only
by expediency but also by necessity. (Ibid., p.7; Zulueta vs. Zulueta, 1 Phil.
254)

Thus, ignorance of the provisions of the law imposing a penalty for illegal
possession of prohibited drugs, does not constitute a valid excuse for
their violation.