Introduction to Law PDF

1 - Introduction to Law The meaning of Law In its widest and most comprehensive sense, the term “law” means any rule of action or any system of uniformity. General Divisions of Law Law may be divided into two general groups: 1. Law (in t...

1 - Introduction to Law The meaning of Law In its widest and most comprehensive sense, the term “law” means any rule of action or any system of uniformity. General Divisions of Law Law may be divided into two general groups: 1. Law (in the strict legal sense) which is promulgated and enforced by the state (State Law) 2. Law (in the non-legal sense) which is not promulgated and enforced by the state (divine law, natural law, moral law, and physical law) Subjects of Law 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. Physical law operates on all things, including men, without regard to the latter’s use of their willpower and intelligence. It is called law only figuratively speaking. Divine Law Divine law is the law of religion and faith which concerns itself with the concept of sin (as contrasted with crime) and salvation. Source - It is formally promulgated by God and revealed or divulged to mankind by means of direct revelation. Sanction – 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 Natural may be defined as the 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. Natural law is ever present and binding on all men everywhere and at all times. There is in every man a basic understanding of right and wrong based on an understanding of the fundamental standard or criterion of good and evil. In other words, there are some acts or Philippine Electronics Engineering (ECE) Laws, Contracts, & Ethics 1 – Introduction to Law A. R. Sombilla Page 1 conduct which man knows in his heart and his conscience, not by theorizing, but by the dictates of his moral nature, are simply good or evil. 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. On the other hand, divine law is made known to man by means of direct revelation. Natural law has been regarded as the reasonable basis of state law. Moral Law Moral law refers to the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. (It is based on what the group believes to be right or wrong) There is no definite legal sanction like imprisonment for violation of purely moral law only approval or disapproval of the rest of the group. Moral law is not absolute. It varies with the changing times, conditions or convictions of the people. Moral law, to a great extent, influences or shapes state law. Physical Law Physical law in general is consist of the uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel. (e.g. law of gravitation, law of chemical combination.) State Law (Law) State law is the law promulgated and enforced by the state. This is also known as positive law, municipal law, civil law, or imperative law. As a rule of action, only state law is enforced by the state, with the aid of its physical force, if necessary. In its general sense, state law refers to all the laws taken together. It may be defined as the “the mass of obligatory rules established for the purpose of governing the relations of persons in society.” In its specific sense, state law has been defined as “a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.” Philippine Electronics Engineering (ECE) Laws, Contracts, & Ethics 1 – Introduction to Law A. R. Sombilla Page 2 Characteristics of State Law: 1. It is a rule of conduct. – Law tells us what shall be done and shall not be done. 2. It is obligatory – Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience. 3. It is promulgated by legitimate authority – In the case of the Philippines, the legitimate or competent authority is the legislature (e.g.. congress). Local government units are also empowered to enact ordinances which have the binding force of laws. 4. It is of common observance and benefit – Law must be observed by all for the benefit of all. What would life be without law? -The need for internal order is as constant as the need for external defense. No society can be stable in which either of these requirements fails to be provided for. What does law do? -Law secures justice, resolves conflict, orders society, protects interests, control social relations. What is our duty as members of society? -Since we find law necessary every citizen should have some understanding of law and observe it for the common good. Sources of Law 1. Constitution - the written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people. 2. Legislation – It consists in the declaration of legal rules by a competent authority. 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 administrative officials under legislative authority. They are valid only when they are not contrary to the laws and 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. The decisions of a superior court on a point of law are binding on all subordinate courts. This is called the doctrine of precedent or stare decisis. 5. Custom – It consist of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by the society as binding rules of conduct. It has the force of law when recognized and enforced by the state. Philippine Electronics Engineering (ECE) Laws, Contracts, & Ethics 1 – Introduction to Law A. R. Sombilla Page 3 6. Other sources – May consists of principles of justice and equity, decisions of foreign tribunals, opinion of textwriters, and religion. These are, however, only supplementary, that is, they are resorted to by the courts in the absence of all other sources. They are, however, not binding on the courts. Organization of Courts 1. Regular courts – The Philippine judicial system consists of hierarchy of courts resembling a pyramid with the Supreme Court at the apex. Under present legislation, the other courts are a. Court of appeals b. Regional Trial Courts sitting in the different provinces and cities c. Metropolitan Trial Courts in metropolitan areas established by law; Municipal Trial Courts in cities not forming part of a metropolitan area, and in municipalities; and Municipal Circuit Trial Courts in areas defined as municipal circuits. Circuit courts exercise jurisdiction over two or more cities and / or municipalities. The Supreme Court, the Court of Appeals, and the Regional Trial Courts are considered courts of general or superior jurisdiction. 2. Special Courts – There is, under the Constitution, a special anti-graft court, the Sandiganbayan. It forms part of the judicial hierarchy together with the Court of Tax Appeals, a special tax court created by law, on the same level as the Court of Appeals. 3. Quasi-judicial agencies – Administrative bodies under the executive branch performing quasi- judicial functions, like the -National Labor Relations Commission -Securities and Exchange Commission -Land Transportation Franchising and Regulatory Board -Insurance Commision -etc. and the independent Constitutional Commissions: -Civil Service Commission -Commission on Elections and Commission on Audit do not form part of the integrated judicial system. Their functions are described as “quasi-judicial” because they involve also the settlement or adjudication of controversies or disputes. Philippine Electronics Engineering (ECE) Laws, Contracts, & Ethics 1 – Introduction to Law A. R. Sombilla Page 4 Classifications of Law 1. as to its purpose (a) Substantive law or that portion of the body of law creating and defining rights and duties which may be either public or private in character. Ex. Law on Obligation and Contracts (b) Adjective Law or that portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed. Sometimes called remedial law or procedural law. 2. as to its subject matter (a) Public law or the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. Ex. Criminal law, international law, constitutional law, administrative law, criminal procedure (b) Private law or the body of rules which regulates the relations of individuals with one another for purely private ends. Ex. Law on obligation and contracts, civil law, commercial or mercantile law, civil procedure Law on Obligations and Contracts The law of obligation and contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts. Civil Code of the Philippines The law on obligations and contracts is found in RA 386, otherwise known as the Civil Code of the Philippines. The Civil Code is divided into four books. Book IV of the Civil Code deals with obligations and contracts. Reference: The Law on Obligations and Contracts 2011 by H. S. De Leon and H. M. De Leon, Jr. --------------------------------------------------------End-------------------------------------------------------- Philippine Electronics Engineering (ECE) Laws, Contracts, & Ethics 1 – Introduction to Law A. R. Sombilla Page 5