INTRODUCTION TO LAW

A.Y. 2020 – 2021

A. CONCEPT OF LAW

a. Definition of Law

“What is law?” I have been a lawyer for several years now yet I
cannot even give you a straightforward answer to this question. I
have also asked other senior lawyers and no one can give me the
same definition. It seems that there are many definitions offered in
answer to this question.

In its broadest sense, law means “any rule of action or norm of

conduct applicable to all kinds of action and to all objects of
creation.” It means, that it includes ALL laws- state law, physical
law, divine law, etc.

In a strict legal sense, it is defined as a “rule of conduct, just and

obligatory, laid down by legitimate authority for the common
observance and benefit.”

Let’s break down the 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. Laws must be just.- Laws must be just in order to obtain stability

of the social order. Laws, as guides for human conduct, ‘should
run as golden threads throughout society, to the end that law
may approach its supreme ideal which is the sway and
dominance of justice.’

3. It must be obligatory.- It must be obligatory because if it is not

enforced, the purpose for which they are intended will not be
served.

4. Laws must be prescribed by legitimate authority.- It must be

prescribed by legitimate authority because if not, people cannot
be expected to observe them.

Authority to make laws is conferred upon those duly

chosen by the sovereign will of the people. In the Philippines,
this doctrine is entrenched in our Constitution, Section 1, Article
2, which states that ‘sovereignty resides in the people and all
government authority emanates from them.’

Question, if sovereignty resides in the people and all

government authority emanates from them, can I make my own
laws? The answer is NO. While it is true that sovereignty resides
in the people, the authority to make laws is conferred upon
those duly chosen by the people. In other words, the sovereignty
of the people is exercised when the people elect their officials.
That is how powerful we are, that we have the ability to say, by
 voting, who gets to serve us and who gets to deliver our
message in Congress during the deliberations.

5. Laws must be ordained for the common benefit.- Have you heard
of the Latin maxim ‘SALUS POPULI EST SUPREME LEX?’ It means
the welfare of the people is 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 affiliations, age, or status in life.

b. Classification of Law – there are two classifications of law, we have

the NATURAL LAW and the POSITIVE LAW.

1. NATURAL LAW derives its force and authority from God. It is

superior to other laws and is binding to the whole world, in all
countries and at all times. Samples of Natural Law are:

i. Physical Law – it is the universal rule of action that governs

the conduct and movement of things which are non-free and
material;

ii. Moral Law – it is the set of rules which established what is

right and what is wrong as dictated by human conscience;

iii. Divine Law – example, The Ten Commandments

2. POSITIVE LAW – is legislature that consists of guidelines,

statutes and codes which are imposed upon a country and its
citizens, such as:

i. Public Law – pertains to our constitutional law which is

considered the fundamental law of the land which defines
the power of the government; administrative 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;
international law which is a body of rules which regulates
the community of nations.

ii. Private Law – body of rules which creates duties, rights and
obligations, and the means and methods of setting courts in
motion for the enforcement of a right or for redress of a
wrong. So, for private laws, they are classified further into
SUBSTANTIVE LAW and PROCEDURAL LAW.

SUBSTANTIVE LAW are those rules which declare legal

relations of litigants when the courts have been properly
moved to action upon facts duly presented to them. It is the
body of law which the courts are established to administer.
It is that part of the law which creates, defines and
regulates rights. Example: Revised Penal Code, Civil Code,
Labor Code
 PROCEDURAL LAW refers to the means and methods
of settling the courts in motion, making the facts known to
them and effectuating their judgments. Simply put, it is the
aggregate of rules of procedure or practice. It provides a
method for enforcing or maintaining rights. Example: Rules
of Procedure, Implementing Rules and Regulations of the
Labor Code

c. SOURCES OF LAW

There are many sources of law but it is derived mainly from

the following sources: legislation, precedent, custom and court
decisions.

i. LEGISLATION – The power to legislate laws is vested in the

Congress of the Philippines which consists of the Senate and
House of Representatives.

During the imposition of Martial Law and the old

Congress was dissolved, the power to legislate laws was
vested in the President that is why President Marcos issued
presidential decrees and letters of instructions.

After the People’s Revolution of February 1986, the

three branches of government were restored operating
under the doctrine of separation of powers and the power to
legislate is now lodged back in the Congress.

ii. PRECEDENT – This means that the decisions or principles

enunciated by a court of competent jurisdiction on a
question of law do not only serve as 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.
It is also known as the doctrine of stare decisis.

The Doctrine of Stare Decisis 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. So, there are instances wherein
the court the will abandon older principles. Take note that in
the doctrine of stare decisis, the case involved must be
identical o exactly the same facts for the preceding principle
to apply.

Supreme Court decisions are binding on inferior

courts. But you should be mindful of the latest decisions
 of the court because the latest necessarily amends or
reverses previously rendered decisions.

iii. CUSTOMS – Customs have the force of law only when they
are acknowledged and approved by society through long
and uninterrupted usage.

In this jurisdiction, before a custom may be

considered as part of the law, there are several requisites,
such as:

- It must be proven as a fact according to the rules

of evidence;
- The custom must not be contrary to law;
- There must be a number of repeated acts and
these repeated acts must have been uniformly
performed;
- There must be a judicial intention to make a rule of
social conduct;
- A custom must be acknowledged and approved by
society through long and uninterrupted usage.

The requisites are actually very strict and very

difficult to prove. For example, it says that there must be a
number of repeated acts. How many acts would constitute
as repetitive? 3x? 5x? 10x? 15x? 30x? 50x? How many?
And it must be uniformly performed, what if the
presentation or procedure was modified a bit each year so,
do you mean to say, even if you have been doing it for the
past 50 years if it is not uniformly performed, that custom
cannot be considered as such?

There is also the matter of having judicial intention

to make a rule of social conduct. When is the reckoning
point of the judicial intention?

It also requires that the custom must be

acknowledged and approved by society. Does it require all
the members of society? or would a select few suffice? The
requisites are too restrictive.

iv. COURT DECISIONS – 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,
even if they are not laws, they are evidence of the meaning
and interpretation of the laws.

B. LAW AND ITS APPLICATIONS

a. Interpretation of laws
 Question, if you are the judge, can you decline to render
judgment because you feel that the law is unfair or obscure? No. As
judge, you must decide the case assigned to you and apply the law
applicable regardless of whether you think it is unfair or obscure. As
judge, you may be guided by: customs, court decisions, legal
opinions of qualified writers and professors, general principles of
justice and equity and the rules of statutory construction.

In criminal cases, we have the established rule that there is

no crime when there is no law punishing it or “nulla poena sine
lege.” In other words, if there is no law which punishes an act
complained of, the judge must dismiss the case. For example, is it
a crime for your 70 year old grandpa to be walking around Tacloban
downtown at 10pm? Generally, no. So, can the police arrest your
grandpa? No. What if he was arrested? E di, he was arrested. But
you can argue, for his release, that there is no law punishing a 70
year old person from walking around Tacloban downtown at 10PM.
As judge, you have to dismiss the case or acquit grandpa.

But supposing, you did not know that at 8PM of the same
night, the Mayor issued an Executive Order setting a curfew for
senior citizens from 9PM – 5am and the penalty for violators is
imprisonment. Is the arrest now valid? Yes. Can you still argue
nulla poena sine lege? Not anymore because there is already a law
punishing 70 year old people from walking around Tacloban
downtown at 10pm. Can you argue that your grandpa hasn’t heard
about the EO yet so he can be excused? No. As judge, what will you
do? Can you excuse grandpa because he did not know about the EO
or because he is old already and seems “kawawa?” No, as judge,
you have to proceed to hear the case and impose the penalty for
such violations. Because as judge it is your duty to apply the law
without fear or favor.

Question, what if the judge has doubts in the interpretation and

application of the law, what can he do? Support your answer with
legal basis. Email your answer in essay format to
gaspaymauro.sharilee.law@gmail.com. Deadline on Wednesday, 14
October 2020 at 5:00 PM.

Part 2/2 of the Intro Notes will be posted within the weekend.

As stated in Article 10 of the Civil Code, In case of doubt in

the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail, therefore, no
matter how hard or harsh the law is, it is still the law and the judge
has no choice but to apply the law. This was manifested in the case
of People v. Amago G.R. No. 227739 wherein the accused claims
that the penalty of reclusion perpetua is too cruel and harsh as a
penalty and pleads for sympathy, however, the Court held that the
Courts are not the forum to plead for sympathy; it is their duty to
apply the law, disregarding their feeling of sympathy or pity for the
accused. The Supreme Court has always held that equity, which has
been described as justice outside legality, is applied only in the
absence of, and never against, statutory law or judicial rules of
procedure.