CHAPTER I LAW, ITS CONCEPT AND CLASSIFICATION INTRO TO LAW

COMMENTS NOTES / OUTLINE

A. Definition of “law”
a. Any rule of action of action or norm of conduct applicable to all kinds of
action and to all objects of creation
b. (legal sense) is defined as a rule of conduct, just and obligatory, laid down
by legitimate authority for common observance and benefit
B. Elements of Law
a. It is a rule of conduct – laws serve as guides of an individual in relation to
his fellowmen and to his community
b. Law must be just – in order to obtain stability of the social order. Law
should run as golden threads through society, to the end that law may
approach its supreme ideal which is the sway and dominance of justice
c. Must be obligatory – if laws are not enforced, the purpose for which they
are intended will not be served
d. Laws must be prescribed by legitimate authority – conferred upon those
duly chosen by the sovereign will of the people
e. Laws must be ordained for the common benefit – famous Latin maxim
“Salus Populi Est Suprema Lex” – the welfare of the people shall be the
supreme law. Law must be applied to all citizens
C. Classification of Law
a. Natural law derives its force and authority from God. It is superior to other
laws. It is binding to the whole world, in all countries and at all times
i. Physical Law is the universal rule of action that governs the
conduct and movement of things which are non-free and material
ii. Moral Law is a set of rules which established what is right and
what is wrong as dictated by the human conscience and as
inspired by the eternal law
b. Positive Law
i. Divine Law is considered godly. An example of the Divine Positive
Law is the Ten Commandments and of Divine Human Positive Law
is the Commandments of the Church
c. Publice Law is concerned with the welfare of the public
i. Constitutional Law is the fundamental law of the land which
defines the powers of the government
ii. Administrative Law fixes the organization and determines the
competence of the administrative authorities and which regulates
the method by which the function of the government are
performed
iii. International Law is a body of rules which regulated the
community of the nations
iv. Private Law is a body of rules which creates duties, rights and
obligations, and the means and method of setting courts in
motion for the enforcement of a right or a redness of wrong
1. Substantive Private Law declares legal relations of litigants
when the courts have been properly moved to action
upon facts duly presented to them
2. Procedural or Adjective Private Law refers to the means
and methods of setting the courts in motion, making the
facts known to them and effectuating their judgments
D. Sources of Law
a. Legislation is vested in the President of the Philippines upon the
imposition of Martial Law and after the dissolution of the old Congress
CHAPTER I LAW, ITS CONCEPT AND CLASSIFICATION INTRO TO LAW

COMMENTS b. Precedent means that the decisions or principles enunciated by a court of

Stare decisis means that courts competent jurisdiction on a question of law do not only serve as guides
look to past, similar issues to but also as authority to be followed by all other courts of equal or inferior
guide their decisions. These past jurisdiction in all cases involving the same question until the same is
decisions are known as overruled or reversed by a supreme court
precedent. Precedent is a legal i. stare dicisis is not applied and recognized in the Philippines in the
principle, or a rule, that is same manner that it is applied and recognized in common law
created by a higher court countries
decision. ii. our New Civil Code provides as follows: “x x x Judicial decisions
applying or interpreting the laws or the Constitution shall form a
part of the legal system of the Philippines. x x x” (Art. 8, NCC)
c. Custom has the force of law only when they are acknowledged and
approved by society through long and uninterrupted usage. There are
requisites before the court considers custom
i. A custom must be proved as a fact according to the rules of
evidence (Art. 12, NCC);
ii. The custom must not be contrary to law (Art. 11, NCC);
iii. There must be a number of repeated acts and these repeated acts
must have been uniformly performed;
iv. There must be a judicial intention to make a rule of social conduct;
and
v. A custom must be acknowledged and approved by society through
long and uninterrupted usage
d. Court Decision are not laws, but they are evidence of the meaning and
interpretations of the laws
i. Philippines adhere to STARE DECISIS which means that once a case
has been decided one way, then another case involving exactly the
same question or point of law should be decided in the same
manner. This does not necessarily mean that erroneous decisions,
or those found to be contrary to law must be perpetuated. On the
contrary, they should be abandoned

NOTES / OUTLINE