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  • Introduction To Law

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    elie lucido
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    The document provides an introduction to the general nature of law. It discusses several types of law including divine law, natural law, moral law, physical law, and state law. It also outlines the key characteristics of law as being obligatory rules of conduct promulgated by a legitimate authority for the common benefit. The sources of law are identified as the constitution, legislation, administrative orders and rulings, and judicial decisions. Finally, it provides a brief overview of the organization of courts in the Philippine judicial system.

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    obligation and contract

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    LAW 1

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    The document provides an introduction to the general nature of law. It discusses several types of law including divine law, natural law, moral law, physical law, and state law. It also outlines the key characteristics of law as being obligatory rules of conduct promulgated by a legitimate authority for the common benefit. The sources of law are identified as the constitution, legislation, administrative orders and rulings, and judicial decisions. Finally, it provides a brief overview of the organization of courts in the Philippine judicial system.

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    © All Rights Reserved
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    44 views2 pages

    Introduction To Law

    Uploaded by

    elie lucido
    The document provides an introduction to the general nature of law. It discusses several types of law including divine law, natural law, moral law, physical law, and state law. It also outlines the key characteristics of law as being obligatory rules of conduct promulgated by a legitimate authority for the common benefit. The sources of law are identified as the constitution, legislation, administrative orders and rulings, and judicial decisions. Finally, it provides a brief overview of the organization of courts in the Philippine judicial system.

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    of 2

    INTRODUCTION TO LAW

    THE GENERAL NATURE OF LAW

    Law means any rule of action or any system of uniformity.


         Division of Law:
                Law (in strict legal sense) is promulgated and enforced by the state; (state law)
                Law (in non-legal sense) is not promulgated and enforced by the state. (divine, natural, moral and
    physical laws)
                State law, divine law, natural law and moral law are comprised in the definition of law as a rule of
    action. They apply to men as rational beings only. On the other hand, physical law operated on all things,
    including men, without regard to the latter’s use of their power and intelligence.

    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

     It is a law promulgated and enforced by the state.

    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

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