Introduction to Law 6th Edition PDF

**Introduction to Law** 6^th^ Edition Rolando A. Suarez Law -- in its broadest sense, means any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation. In this sense therefore, it includes all laws, whether they refer to state law, physical law, divine...

**Introduction to Law** 6^th^ Edition Rolando A. Suarez Law -- in its broadest sense, means any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation. In this sense therefore, it includes all laws, whether they refer to state law, physical law, divine law, and others. In a strict legal sense, law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit (Sanchez Roman, 23) Law has the following elements: 1. It is a rule of conduct -- laws serve as guides of an individual in relation to his fellowmen and to his community. 2. Law must be just -- Laws, as guides for human conduct, "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. 3. It must be obligatory -- if laws are not enforced, the purpose for which they are intended will not be served 4. Laws must be prescribed by legitimate authority -- if laws are not prescribed by legitimate authority, the people could not be expected to observe them. Authority to make laws is conferred upon those duly chosen by the sovereign will of the people. This is in consonance with Section 1, Article II of the Philippine Constitution which says that "sovereignty resides in the people and all government authority emanates from them. 5. Laws must be ordained for the common benefit -- this recognizes the famous Latin maxim of "Salus Populi est Suprema Lex" -- the welfare of the people shall be the supreme law. Laws should be applied not only to a particular group of citizens. They are supposed to be applied equally to all citizens regardless of their religion, political persuasion, and status in life. Classification of Law 1. Natural Law -- this law derives its force and authority from God. It is superior to other laws. It is binding to the whole world, in all countries at all times. a. Physical Law -- Universal rule of action that governs the conduct and movement of things which are non-free and material. b. Moral Law -- Set of rules which establishes what is right and what is wrong as dictated by the human conscience and as inspired by the eternal law. 2. Positive Law c. Divine Law i. Divine Positive Law , i.e. -- Ten Commandments ii. Divine Human Positive Law , i.e., Commandments of the Church. d. Public Law iii. Constitutional Law -- is the fundamental law of the land which defines the powers of the government iv. Administrative Law -- that law which fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the government are performed. v. International Law -- body of rules which regulate t he community of nations. vi. Private Law - Body of rules which creates duties, rights and obligations, and the means and methods of setting courts in motion for the government of a right or of a redress of wrong. 1. Substantive Private Law -- those rules which declare 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 hem and effectuating their judgments. SOURCES OF LAW Law is derived from different sources : 1. Legislation 2. Precedent 3. Custom; and 4. Court decision 1. Legislation -- Before the declaration of Martial Law on 9/21/1972, the power to legislate laws is vested in the Congress of the Philippines which consists of the Senate and the House of Representatives. Upon the imposition of Martial Law and after the dissolution of the old Congress, the power to legislate law is vested in the President of the Philippines. This is the reason why the President issued 1. Presidential decrees and 2. Letters of instructions. When the Batasang Pambansa was organized, legislative power is principally vested in this body although the President, under and by virtue of what known as Amendment No. 6, continued to issue decrees when the exigency of the situation requires and in case of other emergencies. Among many others, this is one of the dictatorial acts that was severely questioned by several lawyers and critics of the past regime. After the People's Revolt on February 22-25, 1986, and in accordance with the wished and the will of the sovereign Filipino people, the three branches of government operating under the doctrine of separation of powers are restored, with each department being committed to do its utmost share in bringing about a more democratic and efficient system of government that is responsive to the needs of the people. 2. Precedent -- this means that the decisions or principles enunciated by a court of competent jurisdiction on a question of law do not only serve a guides but also as authority to be followed by all other courts of equal or inferior jurisdiction in all cases involving the same question until the same is overruled or reversed by a superior court. In the Philippines, this doctrine of ***stare*** ***decisis*** is not applied and recognized in the same manner that it is applied and recognized in common law countries. However, our New Civil Code provides as follows: "xxx Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. xxx\" (Art. 8, NCC) 3. Custom -- Customs have the force of law only when they are acknowledged and approved by society through long and uninterrupted usage. In the Philippines, there are several requisites before the court considers custom. They are as follows. 3. A custom must be proved as a fact according to the rules of evidence (Art.12, NCC); 4. The customer must not be contrary to law (Art. 11, NCC); 5. There must be a number of repeated acts and these repeated acts must have been uniformly performed; 6. There must be a judicial intention to make a rule of social conduct; and 7. A custom must be acknowledged and approved by society through long and uninterrupted usage.. 4. Court Decision -- Judicial decisions which apply or interpret the Constitution and the laws are part of the legal system in the Philippines but they are not laws. However, although judicial decisions are not laws, they are evidence of the meaning and interpretations of the laws. In the Philippines, we adhere to the doctrine of 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 principle, however, 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.