Introduction To Law
Introduction To Law
Divine Law
Is a law of religion and faith which concerns itself with the concept of sin (as contrasted with crime)
and salvation;
It is formally promulgated by God and revealed or divulged to mankind by means of direct
revelation;
The sanction of divine law lies in the assurance of certain rewards and punishments in the present
life or in the life to come.
Natural Law
Is a divine inspiration in man of the sense of justice, fairness, and righteousness not by divine
revelation or formal promulgation but by internal dictates of reason alone;
It is ever present and binding on all men everywhere and at all times;
Natural law and divine law are very similar they are not however, the same; divine law as the law of
religious faith, is made known to man by means of 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 being, or
perhaps, even before that.
Moral Law
It is the totality of the norms of good and right conduct growing out of the collective sense of right
and wrong of every community;
Moral law is not absolute. It varies with the changing times, conditions or convictions of people
Physical Law
In the operation or course of nature, there are uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel. They are known as the laws of physical
science or physical science.
State Law
Characteristics of Law
1. It is a law of conduct – law tells us what shall be done and what shall be done.
2. It is obligatory – it is considered a positive command imposing a duty to obey and involving a
sanction which forces obedience.
3. It is promulgated by legitimate authority
4. It is of common observance and benefit – law is intended by man to serve man. It regulates the
relations of men to maintain harmony in society. Therefore, be observed by all for the benefit of all.
Sources of Law
1. Constitution – it is often referred to as the fundamental or supreme law or highest law of the land
because it is promulgated by the people themselves, binding on all individual citizens and all
agencies of the government. It is a body of rule and principles in accordance with which the powers
of sovereignty are regularly exercised.
2. Legislation – it consists in the declaration of legal rules by a competent authority. It is a
preponderant source of law in the Philippines. Acts passed by the legislature are so-called enacted
law or statute law. Legislation includes ordinances enacted by local government units.
3. Administrative or Executive orders, regulations and rulings – they are those issued by the
administrative officials under legislative authority. These are intended to clarify or explain the law
and carry into effects its general provisions. It is valid only when they are not contrary to the laws or
Constitution.
4. Judicial decisions or jurisprudence – the decisions of the courts, particularly the Supreme Court
applying or interpreting the laws or the Constitution form part of the legal system of the Philippines.
5. Customs – it consists of those habits and practices which through long and uninterrupted usage
have become acknowledged and approved by the society as binding rules of conduct.
Organization of Courts
1. Regular Courts – the Philippine Judicial system consists of a hierarchy of courts resembling a
pyramid with the Supreme Court at the apex. Other courts are: Court of Appeals, Regional Trial
Courts (RTC), Metropolitan Trial Courts in Metropolitan, (MTCM) Municipal Trial Courts (MTC),
Municipal Circuit Trial Courts (MCTC).
2. Special Courts – a. Sandiganbayan (special anti-graft court), Court of Tax Appeals
3. Quasi-judicial agencies