MODULE 1 OBLICON

• Law, in its most generic sense, is the ordinance of reason promulgated for the common good
• For law to be fair and useful, it has to be promulgated, i.e., made known to those who are expected to follow it
• Classification of Law according to Promulgation:

  • Natural Law: promulgated impliedly in conscience and body, further classified as Natural Moral Law and Law of Nature
  • Positive Law: expressly promulgated by an authority, further classified as Divine Positive Law, Divine-Human Positive Law, and Human Positive Law
• In the study of Obligations and Contracts, only Human Positive Law is dealt with
• Human Positive Law is defined as a rule of conduct, just, , promulgated by legitimate authority, and of common observance and benefit
• Laws in the Philippines have been influenced by Roman Law, precepts under Spanish and American Laws, international law, local customs and traditions, and Islamic Laws
• Classification of Human Positive Law:

  • According to what it establishes: Substantive Law and Remedial or Procedural Law
  • According to the scope or content of the law: Private Law and Public Law
  • According to force or effect: Mandatory Laws and Permissive Laws
• A law must be approved by the competent authority, be punitive or of general application, and must be published to take effect in the Philippines
• Publication of a law must be made in the Official Gazette or in a newspaper of general circulation
• To be considered a newspaper of general circulation, it must be published for the dissemination of local news and general information, have a bona fide subscription list of paying subscribers, and be published at regular intervals
• National newspapers like the Philippine Star, The Philippine Daily Inquirer, and the Manila Bulletin are considered newspapers of general circulation
• Complete publication of a law is required for it to take effect, meaning ALL its contents must be published, not just the title or number
• After fulfilling publication requirements, a law generally takes effect 15 days after its publication completion, unless the law itself specifies another day of effectivity
• Under the Philippine legal system, the 1987 Constitution is the fundamental and supreme law of the land
• Statutes, or Acts of Congress, are the most superior form of law outside the Constitution
• International Treaties or Conventions and jus cogens or peremptory norms of international law have the same authority and effect as statutes
• Sub-ordinate legislations are promulgated by administrative agencies to provide details necessary for implementing statutes or treaties
• Judicial decisions interpret laws and may declare statutes, treaties, or ordinances void if they contravene the Constitution
• Customs and traditions may be given effect in the legal system if proven as a fact and not contrary to law, public order, or public policy
• The hierarchy of laws in the Philippines is: 1. The 1987 Constitution, 2. Statutes, Treaties, Peremptory Norms of International Law, 3. Sub-ordinate Legislation and Ordinances, 4. Customs and Traditions, when proven
• Civil Law deals with personal and family relations, property, successional rights, and the effects of obligations and contracts
• The Civil Code of the Philippines is divided into four books: persons, property, ownership, its modifications, modes of acquiring ownership, and obligations and contracts
• Effectivity of Philippine Laws:

  • Five requisites for an ordinary law to take effect: approval by competent authority, punitive or of general application, and publication
• Process of law-making:

  • Introduction of a bill by a member of the House of Representatives or the Senate
  • Steps include first reading, committee study, second reading, third reading, approval by both Houses, and approval by the President
• Tabloids like Bandera and Abante may qualify as newspapers of general circulation as long as they do not cater to a specific interest
• Sub-ordinate legislations are promulgated by administrative agencies to provide details necessary for implementation, but they must not contravene the statute or Constitution
• Judicial decisions interpret laws and may declare statutes, treaties, or ordinances void if they contravene the Constitution
• Customs and traditions may be given effect in the legal system if proven as a fact and not contrary to law, public order, or public policy
• Justice Egardo L. Paras, he defined law as a reasonable rules of action, expressly and directly promulgated by a competent authority for a common good and usually but not necessarily imposing a sanction in case of disobedience