Introduction to Law

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Any rule of action or any system of uniformity

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Determines not only the activities of men as rational beings but also movements or motions of all objects of creations, whether animate or inanimate.

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Law which is promulgated and enforced by the state (strict legal sense) -- the state law

Law which is not promulgated and enforced by the state (non-legal sense) -- divine law, natural law, moral law, physical law

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The law of religion and faith which concerns itself with the concept of sin ( as contrasted with crime) and salvation. Formally promulgated by God and revealed or divulged to mankind by means of direct revelation Sanction of divine law – the assurance of certain rewards and punishment in the present life or in the life to come

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Divine inspiration in man of the sense of justice, fairness and righteousness, not by divine revelation or formal promulgation, but the internal dictate of reason alone. Impressed in man as the core of his higher self at the very moment of being or, even before that.

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The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community No definite legal sanction for violation; public displeasure, contempt or indignation; public approval, pleasure or joy Not absolute

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Found in the operation or course of nature; the uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel E.g. Law of gravitation and chemical combination

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Promulgated and enforced by the state Positive law, municipal law, civil law or imperative law

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General or abstract sense

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Specific or material sense

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The mass of obligatory rules established for the purpose of governing the relations of persons in society “ law of the land”, “rule of law and not of men”, “equality before the law”, “enforcement of the law”

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A rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit (Sanchez Roman) E.g. Law on obligations and contracts

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1. A rule of conduct -- what shall be done and what shall not be done

2. Obligatory -- a positive command imposing a duty to obey and involving a sanction which forces obedience

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3. Promulgated by legitimate authority -- the legislative branch of Government 4. Of common observance and benefit -- regulates the relation of men to maintain harmony in society and to make order and coexistence possible

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Constitution Legislation Administrative or executive orders, regulations and rulings Judicial decisions or jurisprudence Custom

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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 (Malcolm & Laurel) The fundamental law or supreme law or highest law

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The declaration of legal rules by a competent authority Enacted law or statute law Includes ordinances enacted by local governments

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Issued by administrative officials under legislative authority Intended to clarify or explain the law and carry into effect its general provisions

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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 (Art 8, New Civil Code) Doctrine of Precedence or Stare Decisis Has the force and effect of law

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“let it stand”, et non quieta movere Once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner

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An opinion “uttered by the way, not upon the point of question pending” Opinions not necessary to the determination of a case

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Consists of habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct Has the force of law when recognized and enforced by the state Must be proved as a fact according to the rules of evidence May be applied in the absence of law applicable to the point in controversy

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Principles of justice and equity Decisions of foreign tribunals Opinions of textwriters Religion

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“ No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws” (Art 9, NCC)

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“ In our country, courts are not only courts of law but also of justice. Faced with a choice between a decision that will serve justice and another that will deny it because of a too strict interpretation of the law, courts must resolve in favor of the former, for the ultimate end of the law is justice (Pangan vs Court of Appeals, 166 SCRA 375)

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The judicial power or the power to decided actual cases and controversies involving the interpretation and application of laws, is “vested in one Supreme Court and in such lower courts as may be established by laws” (Art VIII, 1987 Constitution)

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Supreme Court Court of Appeals Regional Trial Court Metropolitan Trial Courts Municipal Trial Courts in Cities Municipal Circuit Trial Courts

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Sandiganbayan Court of Tax Appeals

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National Labor Relations Commissions, SEC, LTFRB, Insurance Commission Constitutional Commissions ( COA, Civil Service, COMELEC)

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As to Purpose 1. Substantive Law 2. Adjective Law As to its subject matter 1. Public Law 2. Private Law

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That portion of the body of law creating and defining rights and duties which may be either public or private in character (e.g. substantive private law – law on obligations and contract)

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That portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed. Remedial law or procedural law

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The body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. E.g. Criminal law – defines crimes and provides for their punishment International law Constitutional law Administrative law Criminal Procedure

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The body of rules which regulates the relations of individuals with one another for purely private ends E.g. Obligations and contracts Civil law, commercial or mercantile law and civil procedure

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“ In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail” (Art. 10, NCC)

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1. “When the law and its meaning is clear and unmistakable, there is no need to interpret it further” (VERBA LEGIS)

2. Legislative intent must be ascertained from the statute as a whole (OPTIMA STATULI INTERPRETATIX IPSUM STATUTUM)

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“Courts have the duty to reconcile or harmonize the different provisions of the statute including the conflicting provisions thereof”

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AS A RULE, THE STATUTE OF LATER DATE PREVAILS

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GENERALIA SPECIALIBUS NON DEROGANT “SPECIAL PROVISIONS PREVAIL OVER THE GENERAL PROVISIONS

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SPECIAL LAW PREVAILS OVER THE GENERAL LAW Exceptions: The general law prevails over special law hen it treats the subject in particular and the special law refers to it in general. ( Bagatsing vs Ramirez, GR No. 41636, Dec. 17, 1976) General law prevails over special law when the legislature intended the general enactment to cover the whole subject and to repeal all prior laws inconsistent therewith. (Lichanco vs Civil Aeronautics Board, 43 SCRA 670)

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Ignorance of the law excuses no one from compliance therewith (Art. 3, NCC) IGNORANTIA LEGIS NON EXCUSAT

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The act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

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Same purpose to ascertain and give effect to the legislative intent

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Makes use of intrinsic aids or those found in the statute itself E.g. title ;preamble; words, phrases and sentences context; punctuation; headings and marginal notes; and legislative definitions and interpretation clauses

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Makes use of extrinsic aids or those found outside of the written language of the law Extrinsic Aids : contemporaneous circumstances, policy, legislative history of the statute, contemporaneous or practical construction, executive construction, legislative construction, judicial construction, construction by the bar and legal commentators.

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1. when the language of the statute is ambiguous, doubtful or obscure when taken in relation to a set of facts;

2. when reasonable minds disagree as to meaning of the language used in the statute

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When the law speaks in clear and categorical language. The duty of the court, in such a case, is to APPLY THE LAW, NOT TO INTERPRET IT (Go Ka Toc & Sons vs Rice & Corn Board, L23607, May 23, 1967)