CLASSIFICATION-OF-LAW.pdf

CLASSIFICATION OF LAW law creates, defines, and regulates the rights and duties of parties while; In modern times, the law is also classified procedural law prescribes the method of into the following categories: ​...

CLASSIFICATION OF LAW law creates, defines, and regulates the rights and duties of parties while; In modern times, the law is also classified procedural law prescribes the method of into the following categories: ​ enforcing the rights or obtaining redress for their invasion. It provides the manner on International and Municipal Law: Law may which we enforce or preserve our rights. be broadly divided into two classes: Such procedure is usually prescribed in the Rules of Court. international law and municipal law. International law is not only law but also a STATUTORY AND COMMON LAW very important branch of law. ​ Statutory Law refers to the enactments by a International law is divided into two classes: competent legislative body and is usually Public international law and Private manifested in a formal written instrument international law. ​ with the force and effect of law for its compliance. The system of law is reduced Public international law is that body of to a codified written instrument for general rules which governs the conduct and observation and compliance.​ relations of the States with each other. Common law is the body of customary law, By private international law, it means based upon judicial decisions and embodied those rules and principles according to in reports of decided cases, that has been which cases having foreign elements are administered by the common-law courts of decided.​ England since the Middle Ages.​ Private international law applies to - It refers to law that has for its source the individuals and not to States. Moreover, the decisions laid out by the court of the land.​ rules and principles of private international law vary from State to State and there is no uniformity. ​Private international law is KINDS OF LAW enforced by municipal courts which apply municipal law and not international law. General Laws- refers to statutes that affect people, property, and transactions within the Municipal law is the law applied within a territorial jurisdiction of the Republic of the State. Municipal laws are domestic or Philippines.​ national laws. They regulate the relationship between the State and its citizens and Special Laws- refers to statutes that pertain determine the relationship among citizens​ to a particular area or matter usually providing for its own definition and Statute law can be either substantive or prescribes its own penalties for violations of procedural.​The substantive law defines the the provisions rights while the procedural law deals mainly with the procedure or remedies.​Substantive Local Laws- refers to ordinances promulgated by the local legislative body of a local government unit applicable only within its local territorial jurisdiction.​ Public Laws- refers to enactments of the THREE CLASSES OF PUBLIC LAW legislature pertaining to a general area of law.​- Public law determines and regulates Constitutional law determines the nature of the organization and functioning of the State the State and the structure of the and determines the relation of the State with government. It is superior to the ordinary its subjects.​ law of land. Constitutional law is written in India and the United States but it is Private law regulates and governs the unwritten in England. The modern tendency relations of citizens with one another. The is to have written constitutions. ​ parties are private individuals and the State decides the disputes among the people. Administrative law deals with the structure, There is great difficulty in classifying private powers and functions of the organization of law. A general classification of private law is administration, the limits of their powers, the the law of persons, law of property, the law methods and procedures followed by them of obligations, the conflict of laws, contracts, and the methods by which their powers are quasi-contracts and tort. Civil and Criminal controlled including the legal remedies Law:​ available to persons whose rights have been infringed. There are two types of law and justice, civil and criminal. It means there are two types Criminal law defines offences and of wrongs – civil wrongs and criminal prescribes punishments for them. It not only wrongs. ​ prevents crimes but also punishes the offenders. ​Criminal law is necessary for the Remedial Laws- refers to statutes that maintenance of law and order and peace provide for the procedure in which one may within the State. In criminal cases, it is the enforce a right or for redress of grievance.​ State which initiates proceedings against the wrongdoers. The State is always a party Curative Laws- refers to statutes that in criminal case.​ correct mistakes or irregularities committed prior to its enactment.​ Civil Law spells out the duties that exist between persons or between citizens and their government.​ Criminal Law looks at crimes against the public. Criminal law is always public. In such a case, the government is attempting to penalize guilty persons.​ DECISIONS AND OPINIONS OF COURT SOURCES IN STATUTORY CONSTRUCTION Unanimous Opinion is the First. This is when all of the judges agree.​ In case of silence, obscurity, or insufficiency of the laws, the judge may still be guided by Majority Opinion. When there is not a the following:​ unanimous opinion, a majority opinion is written. This outlines the views of the Customs, which are not contrary to law, majority of the judges on this particular public policy or public order;​ issue.​ Court decisions, foreign or local, in similar Concurring Opinion. Concurring opinions case​ are usually written when a judge agrees with the decision for but for a different Legal opinions of qualified writers and reason.​ professors;​ Dissenting Opinion. This is sometimes General principle of justice and equity; and​ called the "minority opinion." This is written by the judges who disagree with the Rules of statutory construction​ majority opinion. * In applying the law, the court should discover the real intent and purpose of the LAW AND ITS APPLICATION legislature. If that intent and purpose can be discovered within the law, it is the duty of Court’s Duty to Decide Every Case​Art. 9, the court to carry out that intention.​ NCC. ​Basic Rules in interpretation of Law​ STATUTORY CONSTRUCTION 1. When the law and its meaning is clear Is the act or process of discovering and and inmistakable, there is no need to expounding the meaning and intention of interpret it any further.​ the authors of the law with respect to its 2. When the construction or interpretation is application to a given case, where that necessary, the court, should interpret the intention is rendered doubtful among others, law according to the meaning the legislature by reason of the fact that the given case is intended to give it.​ not explicitly provided for in the law (Caltex 3. if there are two possible interpretations of Inc. vs. Palomar L-19650, L-19650, 1966, a law, that which will achieve the end SCRA 247)​ desired by Congress be adopted.​ 4. In case of doubt in the interpretation and application of laws and when all other rules of statutory construction fail, it is presumed that the lawmaking body intended right and justice to prevail.  interpretation clauses. All those found in the law.​- CONSTRUCTION VS. INTERPRETATION OF LAWS Extrinsic aids- legislative history of the statute, practical construction, executive Interpretation is the drawing of the true construction, legislative construction, judicial nature, meaning , and intent of the law construction, and construction by the bar through examination or its provision. One and legal commentators. ​ does not go outside of the context of the statute.​ PURPOSE OF INTERPRETATION AND CONSTRUCTION Construction is the process of using tools, aid, referencesaids in order to ascertain its To ascertain and give effect to the legislative nature, meaning, and intent.One has to go intent​When necessary?​ outside of the language of the statute and 1. When the language of the statute is resort to extrinsic aids.​ ambiguous, doubtful or obscure when take in relation to a set of facts; and​ * One who interprets makes use of intrinsic 2, When reasonable minds disagree as to aids or those found in the statute itself, meaning of the language used in the while one who constructs makes use of statute. extrinsic aids or those found outside of the written language of the law.​ WHO INTERPRETS LAW AND WHO DETERMINES LEGISLATIVE INTENTS ONE MUST INTERPRET FIRST BEFORE HE CONSTRUES Mantrade FMMC Employees Union v. Bacungan, GR. No. 48437, Sept. 30, 1986​ Basic rule​ Anyone can interpret the law. Lawyers, Courts should first be guided by intrinsic policemen, arbiters, administrative boards aids, or those found in the law itself. If the and agencies, as well as private citizens are legislative intent could be ascertained by involved from time to time in the merely making use of the intrinsic aids, interpretation of laws. However, it is not there is no need to make use of the extrinsic conclusive nor they bind the courts. aids. (Commissioner of Internal Revenue vs Limpan Investment Corp. L-28571 and As held in the Provincial Board of Cebu vs L-28644, July 31, 1970)​ CFI, 171 SCRA 1, INTRINSIC AIDS AND EXTRINSIC AIDS ​It is a cardinal principle of statutory construction that where the words and - Intrinsic aids are any of the following: title, phrases of a statute are not obscure or preamble, words, phrases and sentences ambiguous, its meaning and intention of the context: punctuation; headings and marginal legislature must be determined from the notes; legislative definitions and language employed, and where there is no ambiguity in the words, there is no room for construction.​ The first and fundamental duty of courts is to apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. (National Fefderation of Labor vs Eisma, GR-L61296, 127SCRA419, 1984 LESSON 3- LEGAL PROFESSION RULES OF COURT- RULE 138 It is the art and science of utilizing one’s Sec. 1. Who may practice law. — Any legal knowledge and training in the proper person heretofore duly admitted as a advocacy of the rights and interests of one’s member of the bar, or hereafter admitted as client before a court of law.​ such in accordance with the provisions of this rule, and who is in good and regular the body of people who practice law.​ standing, is entitled to practice law.​ is a profession in which legal professionals Section 2. Requirements for all applicants study, develop and apply law. for admission to the bar. — Every applicant for admission as a member of the bar must CHARACTERISTICS OF LEGAL be a citizen of the Philippines, at least PROFESSION twenty-one years of age, of good moral character, and resident of the Philippines; 1. A duty of public service​ and must produce before the Supreme 2. As officer of the court to the Court satisfactory evidence of good moral administration of justice​ character, and that no charges against him, 3. A relation to clients in the highest degree involving moral turpitude, have been filed or fiduciary.​ are pending in any court in the Philippines. 4. A relation to colleagues at the Bar Section 17. Admission and oath of PRACTICE OF LAW successful applicants. — An applicant who Refers to any activity, in or out of court has passed the required examination, or which requires the application of law, legal has been otherwise found to be entitled to procedure, knowledge, training, and admission to the bar, shall take and experience.​ subscribe before the Supreme Court the corresponding oath of office. Is to give notice or render any kind of service, which device or service requires the The Integrated Bar of the Philippines (IBP) use in any degree of legal knowledge or is the official organization of all Philippine skill. (Cayetano vs Monsod, 201 SCRA 210, lawyers whose names appear in the Roll of 1991) Attorneys of the Supreme Court.​Mission: To ensure that all members of the Integrated SERVICES OF A LAWYER Bar of the Philippines keep abreast with law Individual customarily or habiyually holds and jurisprudence, maintain the ethics of the himself out to the public as a lawyer and profession and enhance the standards of demands compensation for the following the practice of law. services: ​A. opinions ​B. Appearances​ C. Preparation of pleadings and contracts