LAW 1

INTRODUCTION TO LAW

LAW IN GENERAL

Law Defined.
In general, law is a reasonable rule of action promulgated by
competent authority for the common good. (ordained with competent
authority to be observe, executed and providing penalty for a violation
thereof.)

From the above definition, there are four (4) essential elements of law
and these are:

1) Reasonable rule of action;

2) Due promulgation, for otherwise obedience can hardly be expected;
3) Promulgation by competent authority;
4) Generally, a sanction imposed for disobedience

Concepts of law;

The term law may be understood in two concepts;

1) In the general or abstract sense, and
2) In the specific or material sense.

In the first sense, it is equivalent to the Spanish term derecho; and in the
second, to the same Spanish term ley (Tolentino, Civil Law. Vol. 1).

In the general or abstract sense, law has been defined as “the science
of moral rule, founded on the rational nature of man, which govern his free
activity, for the realization of the individual and social end, of a nature both
demandable and reciprocal.” (1, Sanchez Roman 3).

Briefly, it is a mass of obligatory rules established for the purpose of

governing the relations of persons in society. (1 Salvat).

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 In the specific or material sense, law has been defined as a “juridical
proposition or an aggregate of proposition, promulgated and published by
the competent organs of the State in accordance with the Constitution”.

According to Ruggierro, it is a norm of human conduct in social life,

established by a sovereign organization and imposed for the compulsory
observance of all”.

Sanchez Roman defines it as “a rule of conduct, just, obligatory,

promulgated by legitimate authority, and of common observance and
benefit.”

Another author defines law in its specific sense as “a just precept

promulgated by the competent authority for the common good of a people
or nation, which constitutes an obligatory rule of conduct for all its
members.”

From the foregoing definitions of law by different authors, four

characteristics of law stand out. These are:

1) It is a rule of human conduct

2) Promulgated by competent authority
3) Obligatory
4) Of general observance

Law as “derecho” and “ley”. –

a) “Derecho” is the abstract science of law considered as a cause; considered

as an effect, it is a right given.
b) “Ley” is a specific law. (Note: A student of law (derecho) studies specific law
(leyes)

Foundation of Law. –

Law is a product of social life, and is a creation of human nature. It

was intended by man to serve man. It regulates the relations of human
beings so that harmony can be maintained in the social groups, by placing
restrictions on individual liberty in order to make co-existence possible. Law,
therefore, rests upon the concept of order, co – existence, and liberty.
(Ruggiero 1-6-8).

Law and Morals. –

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 Not all human conduct is regulated by law. There are forces of
regulation, such as morals and religion. Only the rules of law, however, have
a legal sanction and can be enforced by public authority.

Basis. – Law and morals have a common basis and spring from the
same source - - the social conscience. In fact

PHILIPPINE CIVIL LAW

Introduction

Concepts of Law. – The term LAW may be understood in 2

concepts:

1. General or abstract sense (wide/entirety) – defined as the

“science of moral rules, founded on the rational nature of man
which governs his free activity for the realization of the
individual and social ends of a nature both demandable and
reciprocal. (Sanchez Roman)
2. Specific sense (particular) – law is defined as “rule of conduct,
just and obligatory, promulgated by legitimate authority, and of
common observance and benefit.” (written nature)

Foundation of Law. – Law rests upon the concept of order, co-

existence and liberty. (peace, tranquility and freedom to exercise your
rights and dreams)

Characteristics of Law:
1. It is a rule of human conduct; rules governing human relations
and interaction
2. Promulgated by competent authority; Congress or any legislative
body
3. Obligatory; and – compliance is a must otherwise the law is
simply a joke
4. Of general observance – this is the general rule requiring every
person found in this country and even outside of the country
because they are Filipino citizens. Example is the Nationality Law
which follows every Filipino as to his status.

General Division of Law. – In its most comprehensive sense law is

divided into 2 general groups:
1. Divine law – which God himself ordained or legislated;

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 2. Human Law – that which promulgated by man to regulate
human relations.

Human Law is also divided into 2 main classes:

1. General or public law;
a) International Law;
b) Constitutional Law;
c) Administrative Law;
d) Criminal Law; and
e) Religious Law

2. Individual or private Law:

a) Civil Law
b) Mercantile Law; and
c) Procedural Law

Kinds of Specific Law.- In one sense, every law commands because

it is obligatory but is commands in 3 different ways:
1. Mandatory – commands that something must be done
2. Prohibitory – commands that something must NOT be done
3. Permissive - commands that what is permits to be done should be
tolerated or respected.

Classification of Laws. – A code is a collection of law of the same

kind, a body of legal provisions referring to a particular branch of law.
Example: Fishery Law, Law on Firearms, Gambling Laws, Drugs Law
and many others.

Reasons for Codification. –

1. The necessity of simplifying and arranging the many juridical rules
scattered in several laws and customs;
2. The necessity of unifying various legislation in the same country;
and
3. The necessity of introducing reforms occasioned by social changes.

Illustration:

Civil Code: Revised Penal Code:

1. Persons & Family 1. Book One 5. Public Order
2. Property 2. Crimes against
Persons 6. Public Officers
3. Succession 3. Crimes against Property
4. Obligations & Contract 4. Crimes against Chastity

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 5. Special Contracts

According to the Code Commission, 25% of the articles in the

New Civil Code are exact reproductions of the Spanish Civil Code or is
referred as the Old Civil Code, 32% were modified or amended. These
comprised 57% of the Code on Person, Obligation and Contract,
Property and Succession, 43% are new articles. These new articles
deal with Special Contracts, Quieting of Title, Trusts, Prescriptions and
some parts in Torts. These figures however are not quite exact. They
are just rough estimates.

Changes from the Old Civil Code now found in the New
Civil Code.

1. Creation of new rights. – e.g. in the case of spurious children

who were given rights for the first time like successional rights
and right of support, etc. New provisions on Human Relations
(Article 33 -36), Reformation of Instruments (Article 1359), new
additional quasi – contracts (Article 2174 and 2175) moral and
nominal damages (Articles 2217 and 2221)
2. Adoption of new solutions like Article 461 (change in the river
course), Article 1256 (consignation), Article 1658 (lease).
3. Clarification of old provision like Article 275 (legitimation) ,
Article 902 (illegitimate children’s right to inherit ab intestate),
Article 1410 (void contracts)
4. Omission of certain subjects e.g., dowry.

CIVIL CODE – Civil law has been defined as “the mass of precepts
which determine and regulate the relations of assistance, authority
and obedience among the members of a family, and those which exist
among members of a society for the protection of private interest.”

Precepts a command or principle intended as a general rule of action

or conduct.

Between members of the family – Family Code; persons and

family, succession
Between members of the community – obligation & contract,
property, credit torts.

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 PERSONS

INTRODUCTION

Derecho – general or abstract concept of law

Ley – specific or material concept of law

Derecho:
 Science of moral rules
 Founded on rational nature of man
 Demandable and reciprocal
 Purpose: govern the free activity of man for the realization of
the individual and social ends

Ley:
 A rule of human conduct
 Promulgated by legitimate authority
 Considered as obligatory and for general observance
 Purpose: govern the relations of persons in society
 It is founded upon the concepts of order, coexistence, and liberty

Derecho divisions of law: divine law and human law

Ley divisions of law: mandatory, prohibitory and permissive

Civil law:
 Mass of precepts
 Determines and regulates the relations of assistance, authority and
obedience existing:
 among members of a family
 among members of a society
 Purpose: protection of private interest, family relations and
property rights.

Civil code:
 Collection of legal provisions
 Regulates the private relations and determines the respective
rights and obligations of the members of civil society
 With reference to persons, things and civil acts

Language: English text shall prevail in the interpretation; Spanish

terms shall be interpreted according to their original sources.