Intro to law

• Any rule of action or any system of uniformity

  Meaning of Law in General
• Determines not only activities of men but also movements of all objects or creation, animate or

  inanimate

  Meaning of Law in General
• Law in ___promulgated by the state (state of law)

  strict legal sense
• Law in ___not promulgated and enforced by the state (divine law, natural law, moral law, physical law)

  non-legal sense
• Subjects of Law that apply to men as rational beings only

  Divine law, natural law, moral law
• Subjects of Law that operates on all things, including men, without regard to the latter’s use of their will power and intelligence

  Physical law
• Law of religion and faith which concerns itself with the concept of sin and salvation

  Divine law
• Source: promulgated by God, revealed through direct revelation

  Divine law
• Sanction- lies in the assurance of certain regards and punishments in the present life or in the life to come

  Divine law
• Divin inspiration in man of the sense of justice, fairness and righteousness by internal dictated of reason alone

  Natural Law
• Binding force- ever present and binding on all men at all times. There is in every man

  a basic understanding of right and wrong based on a fundamental standard of good

  and evil.

  Natural Law
• Compared to divine law- said to be impressed in man as the core of his higher self at

  the very moment of being or before that

  Natural Law
• Place in state of Law- regarded as reasonable basis of state of law

  Natural Law
• Totality of the norms of good and right conduct growing out of the collective sense of right

  and wrong of every community

  Moral Law
• Determination of what is right and wrong- at early stage of 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 to left to each member of the group. Mors or way of life evolved which were considered right and correct and obedience to them was demanded by the group

  Moral Law
• Sanction- there is no definite legal sanction for violation of purely moral law (only spontaneous social reaction such as public displeasure or public pleasure)


  Moral Law
• Binding force- not absolute; varies with the changing times, conditions or conviction of the people

  Moral Law
• Place in state law- influences or shapes state law

  Moral Law
• In the operation or course of nature, there are uniformities of actions and orders of sequence which are physical phenomena that we sense and feel. They are known as the laws of physical science or physical law

  Physical Law
• Order or regularity in nature- nothing more than an order or regularity in nature by which certain results follow certain causes

  Physical Law
• Called law only by analogy- this order or regularity is called law only by analogy

  Physical Law
• Particularly concerns us in this work is the state of law that is promulgated and enforced by the state

  State law
• Other terms used- positive law, municipal law, civil law, imperative law (oblicon, marriage, administration of justice conduct of elections, entire governmental process itself) 


  State law
• Binding force- only state law is enforced by the state with the aid of its physical force, if necessary

  State law
• Concern 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 of action unless the also constitute violations of its commands.

  State law
• Divine law


  physical theology
• natural law


  metaphysics
• moral law


  ethics
• physics law


  physical science
• all laws taken together, “the mass obligatory rules

  established for the purpose of governing the relations of persons in society” (law on the land, rule of law and not men, equality before the law enforcement of the law)

  General sense
• “rule of conduct, just, obligatory promulgated by legitimate authority and of common observance and benefit” (law of oblicon) 


  Specific sense
• law takes cognizance of external acts only; tell us what shall and shall not be done

  rule of conduct
• law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience.

  obligatory
• in a democratic country, legitimate or competent authority is the legislature. Under the constitution, laws called “statutes” are enacted by congress

  promulgated by legitimate authority
• law is intended by man to serve man. It regulates relations of men to create harmony in society

  common observance and benefit
• Sources of Law: Constitution, Legislation, Administrative or executive orders, regulations and rulings, Judicial decisions or jurisprudence, Custom, Other sources
• “written instrument by which the fundamental powers of the government are established, limited and defined, and by which these powers are distributed among the serve departments for their safe and useful exercise for the benefit of the people”; fundamental law or supreme la or highest law

  Constitution
• consist in the declaration of legal rules by a competent authority. Acts passed by the legislature are so-called enacted law or statute law; includes ordinance by LGUs

  Legislation
• issued by administrative officials under legislative

  authority; intended to clarify or explain the law

  Administrative or executive orders, regulations and rulings
• the decision of the court applying or interpreting the laws or the constitution form part of the legal system of the Philippines. The decision of a superior court is binding on all subordinate courts (doctrine of precedent or state decisis)

  Judicial decisions or jurisprudence