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, in general) determines not only the activities of men as rational beings but "General divisions of law. Law, as above defined, may be divided into two (2) general groups: FE ta = + -4-(1) Law (in the ‘strict legal) sense) which is: promulgated) nd— hh Jin) Law (in the‘aon-legalbense) which is nok promulgated! The first refers to what is known as the state law while the second includes divine law, natural law, moral law, and physical law. (see MJ. Gamboa, Introduction to Philippine Law, 6thed., p- 5 fo ree o DV lhe Vow 3.) BR 3S. ee o Skee L Subjects of law. — 4) Nekuralglor U5 2 ny ° No * State law, divine law, hatur ; and moral law are oy comprised in the definition of law as a rule of action. They apply to men as rational beings only. On the other hand, physical law operates in Hithings. including men, without regard to the Jatter’s use of their will power and intelligence. It is called law > only figuratively speaking, |Before proceeding with the discussion of state law, let ug first dispose of those laws with which the state is not directly concerned. Divine law. Mae Divine law is the Jaw of religion and faith’ which concerns 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 \ fa) Under the Old Testament, divine law is embodied * RT Can is believed by Christians 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, ‘Mohammedan, divine law is embodied in the << Natural law. ik k Natural law may then be defined as the divine inspirati in man of the sense of justice, \ ess, and righteousness) not db 4 ¥ me Teese c formal promulgation, but (1) Binding force. — Natural law is ever present and Binding on al me everywhere and at all times. There is in every 4 basic, understanding of right and wrong based on an Reese of the fundamental standard or criterion of good _ evil. In other words, there are some acts or conduct WI man knows in his heart and his conscience, not by theo bua the dictates of his moral nature, are simply good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 of justice, fairness and righteousness in man as __ divinely inspired a the dictates g is ipher nature, we are talking about (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 pV" Jaw are very similar, they are not, however, the same. Divine law, < as the law of religious faith, is made known to man by means ||, ,jof direct revelation. On the other hand, natural law is said to “be impressed in man as the core of his higher self at the very. moment of er 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. . — Wat a7 WON \ Moral Ga When we talk of moral law, we are speaking of the Shenornsotgoodandghnsnaumtgrowingoutothecoletive sense of right and wrong of every co! ity. (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 ores) 1 ways then evolved which were always considered ri; and obedience to them was demanded by the group.” (2) Sanction. — As distinguished from state law, there is eee a ee imposed by law like imprisonmentand/or payment of fines or damages) for violation of purely moral law. “If a member of the community disregards orms, a ; SO action is produced in the form of pub 1 elt, on the other hand, there is conformity to the moral norms, there is created spontaneous social response which may be in the Ta a lta aad. easureof public pleasure, approval or even joy.” (see C. Pascual, The Nature and Elements of Law, 1954 e 16.) (3) Binding force. — Morolalay.ts-not abeoluigg Vaties with the changing times, conditions or convictions of the ; 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 shapes state law. t ¥ ‘Physical ‘law. ’ “In the operation or course of nature, there are uniformities of actions and orders of sequence which are the physical henomena that we sense and feel. They are known as thelial Verse sine psa iw” (id, 1.) (1) Order or regularity in nature A law of physi science, 5 Wsobey is in reality nothing more than an order or in nature by which certain resultsfollow certain causes, (Clark Elementary Law, p. 34.) sBeniegioley (2) Called law only byanalogy. — 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 1 in this work is the state law or the law that is & 1) Other terms used. — This law is also cal pal laws civil law, refer to when we speak o| perative la(2) Binding force. — As a tule of action, only state law is enforced by the state, With the aid of its physical force, if ecessary: | (3) Concern of state law. — The fields of state law are dif- | erent from those of divine law,\natural law, “and ‘moral law. tate law does not concern itself with violations of the latter rules of action unless they also constitute violations of its)com-— es nands. A full examination o} properly belongs tothe » : ifields 0 of ‘al law, to metaphysics} {moral law, to ethics; and of physical law, to physical science) ) ior physics. (MJ. Gamboa, op. cit., p.5.). Gio. ’ * - ae nage Leaving aside these topics, we proceed now with the . consideration of state law. Concepts of (state) law. ___ The term law may be understood in two (2) concepts: in the eneral or abstract sense) and in thépecific or material sense eneral sense, the term refers t It may be defined as “the mass of obligatory rules | established for the purpose of governing the relations of persons | in society.” (see A. Tolentino, Civil Code of the Philippines, 1953 “4, Vol. 1, p. 1.) Examples of the use of law in this sense are: “law \/ the land,” “rule of law and not of men,” peaget before the Chor Jaw,” “enforcement of the law,” etc. platy, ¥ Uescorm Roore Kain (2) Inits specific sense, the term has been aeaned ae” .” (ISanchez Roman 3.) It as this second connotation when we refer to a particular statute or legal rule, ¢.g., the law on obligations and contracts. Characteristics of law. The characteristics of law (in its specific sense) ar es (1) Itisa rule of conduct. — Law tells us ‘what shall be done) and what shall paces a rule of ae Taw takes cognizance of acts only; L thoknovsede L Respov prnity C SwncdichovAND CONTRACTS. THE LAW ON OBLIGATIONS, atory. — Law 1s considered a positive com. ey and involving a sanction 2 0 Ms ‘ (2) It is oblige mand imposing a duty to obé forces obedience; { \\\\\ of\a is legitimate authority. 3) It is promulgated by legitim rity. 3 Oe country, like the Philippines, the cae ity i islature, Under the Constitution, ompetent authority is the legis e Co Tnwesalled “statutes” are enacted { by Congress which is ea of the legislative branch of our government; local governmen units are also empowered to enact ordinances which have the binding force of laws; and ; (4) tis of common observance and benefit. — Law is intended by mantoserve man. I and Law must, therefore, be observed 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 Gs necessary. If life without law would be the same as it is now, obviously law is not necessary. ' 1 Society comes into existence because its members could not live without it The need for internal order is as constant as the need forexternal defense. No society can be stable in whicheither ‘of these requirements fails to be provided for. (see F. Pollack, A First Book on Jurisprudence, 5th ed., p. 6.) at does law do? It has been said thal ontrols so . Life without ba violence, anc would be solita short. Life without other laws such as sanitation, employment, business, redress agreements, etc. — would be less ordel wholesome, etc. (see Howard and St and Its Limits, 1965 ed., pp. 35-37.) (3) What is our duty as members of s last and continue without means ofrules of social order binding on its members. The sum of such tules as ex a given society, under whatever particular forms, is what, in 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 faw. eo - The principal sources of law in the Philippines are the stitution, legisiation, administrative | rules and Tegulations, judicial decisions, and customs. (1) Constitution. — With particular reference to the Consti- tution 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 é& Laurel, Phil. Constitutional Law, 1936 ed., p. 6.) It is often referred to as i ! ae te land because it is promulgated by the peop! ves, binding on all individual citizens and all agencies of the government. It is the law to which all other laws enacted by Stee legislature (as well as administrative or 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 shal] govern. (see Art. 7, Civil eo (2) Legislation. — It consists in thedeclaration of legal rul by a competent jority. (Salmond, Jurisprudence, 9th ed., p. 209.) It is Acts passed by the legislature are eee law . one law,> Legislation includes ordinances enacte 2 toeelpovernmnens units. 4 Peeponterortt - superior mina [areate (3) Administrative or executive orders, culations, and rulings. — They are those issued by admit under Nastya authority. Administrativeify or explain the law and carry into effect ity. “Administrative acts are valid only when they 'd the Constitution. (Art. 7, Ciyi, are intended to cla! general provisions. are not contrary to the laws 4 Code.) Se ae (4) Judicial decisions or jurisprudence, — The decisions of the courts, particularly the Supreme Court, eres or interpr the laws or the Constitution form part of the legal sy: of j Philippines. (Azt. 8, Ibid.) The decisions of a area court on a point of law are binding on all subordinate courts. This is calleq the doctrine of' precedent or stare decisis: § § The Supreme Court, however, may reverse OF modify an; of its previous rulings. Until then, the decisions of the Supreme Court applying or interpreting the laws or the Constitution ai “Jaws” by their own right because they declare what the law: say or mean. Unlike rulingsof the lower courts, which bind the parties to specific cases alone, its judgments 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. (MJ. Gamboa, op. cit., p. 15.) For instance, in a 3 contract for services rendered where no definite compensation is po the compensation to be paid may be ascertained from stoms and usages of the place. (see Smith vs. Lopez, 5 Phil. 78) A custom must be proved as a fact according to the of evidence. (infra.) (Art. 12, Civil Code.) It may be applied | the courts in the absence of law or statute exactly applicable 1 the point in controversy. But customs which are contrary to public order or public policy are not countenanced. (Art. 11, (6) Other sources. — To the abovs _€ 5 e may be added princi of justice and equity, decisions of forei : i ty, reign tribunals, opinions ec ters, and religion. They are, however, only su: aa t is, they are resorted to by the courts in the ‘tien of the other sources. st (Ibid, pp.11, 14) They are, however, not binding on theRule in case of doubt in interpretation or application of laws. : 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 doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.” (Art. 10, Ibid.) 2 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 life, liberty, or property of an individual, and more so if he is poor or disadvantaged. Organs 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 clubs, families, and host of others. Such organizations, through rules, regulations and orders, 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 institutions 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 rules, regulations and orders with which the entire citizenry must comply. The rules, ete., of social and economic organizations, for example, govern only limited numbers; (3) People associated with an organization can ordinari terminate their relationship and thereby 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 sanctions 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 tules, etc. For the 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 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 decide actual cases and controversies involving the inter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) one 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 court, the Sandiganbayan. (Art. XI, Sec. 4 thereof.) It 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 ission, Commission on Elections and Commission on dit) do not form part of the integrated judicial system. Their functions are described as “quasi-judicial” because involve the settlement or adjudication of controversiesClassifications of law. The methods for classifying law are many. For our pur. poses, 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 either be 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. _ Anexample 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 tights 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 lo. 386, otherwise known as the Civil Code of the Philippines. we speak of civil law, we refer to the law found primarily vil Code. Civil Code of the Philippines is based mainly on the of Spain which took effect in the Philippines on Nie igDecember 7, 1889, (Mijares vs. Neti, 3 Phil. 196.) It was approved dlie Act No. 386 on June 18, 1949 and took effect on +30, 1950, (Lara vs. Del Rosario, 94 Phil. 778.) as Re Aw It is divided into four (4) books Civil Code provisions on obligations and contracts. Book IV of the Civil Code deals with obligations ang ts, The general provisions on obligations are contained ticles 1156-1304, while those on contracts, in Title I (05-1422. The general rules of law governing contracts 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 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) Tf 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) Stig 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 car ry nor i mn and a sense of duty, so that our reas Ting e Tn on indicates many times what— 090 — “UONRIOTA Iau} OJ asNdXxa PIRA & a}NyYsUOD JOU Saop ‘ssp pariqryo.d jo uorssassod au) Surystund 30 ‘swear jo uorssessod JeSayyt 103 Ayfeuad e Zuisodun Mey, ayy Jo suolstaord ayy Jo aoueious! ‘snyl : (HS7 Td T “eyaninz ‘sa eyaninz ‘/-d “pign) ,,AIssaoau Aq osye nq Aduarpedxe Aq ATwo you pazeyIp St ‘10Jaray}. ‘a[NI ay], “segnp ye8aq eu} jo aoueunoyiad-uou asnoxa 0} JO ‘sR Way} Jo saouanbasuod jeSa] ayy adessa 0} Me] aly Jo aouesous! peayd Ajjnyssaoons plnooa suosiad jr payeayep aq prnom aoysn{ jo uoyersruTwupe ayy pue payeqyoey aq pynom Mme] ayy jo uorseag, ($) pur “(61-81 -dd “y19 ‘do ‘ounuapoy, “y) peynsuos aq prnoys oym siaAMP] ale arayy ‘SuOHETar [eotpyn{ payeatjduros azour ur pue op o} aaey a SI MY10L NOILINGOULNI