Introduction
Lesson Code: PRE_LAW1_01
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Law, concept
In its general and abstract sense, law has been
defined as a science of moral laws founded on
the rational nature of man that governs his
free activity for the realization of the individual
and social ends of life under an aspect of
mutual conditional dependence. In its specific
and concrete sense, law is a rule of conduct,
just, obligatory, formulated by legitimate
power for common observance and benefit
(Lapitan vs. PCSO, 60 OG 6841)
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Purpose of law
Man does not exist independently of other
human beings. By nature, man will live in a
community. However, these communities will
only survive if there is peace and harmony. If
each person in a community will impose rules
for himself, conflicts between him and other
individuals will happen, thus, the need for rules
that will standardize and govern the conduct of
each other with another, with the government
and other entities or groups.
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Classification of law
In general, law may be classified
into the following:
1. Natural Law
2. Positive Law
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Natural Law
Natural law consists of specific principles
derived from nature (such as the law of
gravity and the law of supply and
demand), or based on morality or equity
(such as not recovering a payment
voluntarily made for a debt that has
prescribed), and which are binding upon
human society in the absence of or in
addition to positive law.
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Positive Law
Positive Law is further classified
as follows:
1.Divine Positive Law
2.Divine Human Positive Law
3.Human Positive Law
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Divine Positive Law –
Example is the Ten
Commandments
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Divine-Human Positive Law – This
consists of precepts established by
authorities within a religious sect or
denomination and whose formulation
is inspired by divine will. It is expressed
directly in the writings of the said sect
or denomination. The spiritual and
corporal works of mercy with the
Roman Catholic Church are examples
of this law.
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Human Positive Law – These
consists of principles
promulgated the State
which generally imposes
sanction in case of violation.
Examples are the
Constitution, LGU
Ordinances, etc.
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Human Positive Law is further
classified into the following:
1.According to function
2.According to scope
3.According to force and
effect
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• According to function
a.1. Substantive Law – That which
creates, defines and establishes rights
and duties, such as the Civil Code and
the Revised Penal Code
a.2 Procedural Law – That which
determines the process of enforcing
such rights and duties, such as the
Rules of Court
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• According to scope
b.1. Private Law – That which
regulates the relations of the members of
the community with one another, such as
the Civil Code.
b.2. Public Law – That which is
concerned with regulating the relations of
individuals with the State and the
organization and conduct of the
government such as Political Law, Penal
Law and Remedial Law.
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• According to force or effect
c.1. Mandatory Laws – Those
which require that something must be
done
c.2. Permissive Laws – Those that
allow discretion on the part of the
individual on their application
c.3. Prohibitory Laws – Those that
forbid an act to be done
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Sources of Law
• Constitution
• Act passed by the legislature and
ordinances enacted by local
governments
• Judicial Decisions
• Administrative regulation
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END OF TODAY’S LESSON
Topic next meeting:
1. General Provisions of Obligation and Contracts
(New Civil Code Articles 1156 to 1162)
Today’s task:
• Make an essay regarding the importance of law in the past
and in the present. Make an argument why is it necessary to
study and know the law (minimum of 500 words) 50 points
• Deadline: on or before Tuesday – next meeting
• Submit it on google classroom (MS. Word Format)
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