M1U1 Flashcards
definition of law under our legal system is the one given by
Spanish jurist Sanchez Roman
Sanchez Roman distinguished law between two senses:
the general sense and the specific sense
the science of moral laws based on the rational nature of man.
Law (derecho) in the General Sense
These rules of conduct are just and obligatory
Law (ley) in the specific sense
They are promulgated by legitimate authority
Law (ley) in the specific sense:
rules established by an instrumentality of the State - usually the Congress
Law in the specific sense
General division of law:
Law in its strict legal sense
Law in the non-legal sense
the law of religion and faith that deals with the concept of sin and salvation; believed to come directly from God
Divine Law
human beings possess intrinsic values that govern our reasoning and behavior.
Natural Law
the totality of the norms of good and right conduct is based on the collective sense of right and wrong of every community
Moral Law
the law of cause and effect. It affects not only people as rational beings but other things as well.
Physical Law
Law promulgated and enforced by the state.
State Law
Characteristics of state law:
A rule of conduct
Obligatory
Promulgated by legitimate authority
Of common observance and benefit
it tells people what to do and what not to do. It applies only to external conduct. In other words, what is only in the thoughts and minds is not covered by state law
A rule of conduct
it imposes a duty to obey. Otherwise there is a corresponding sanction or punishment
Obligatory
in the Philippines that legitimate authority is the legislative department or the Congress
Promulgated by legitimate authority
Laws made by the Congress are called
statutes, legislations or republic acts.
law must be observed by all for the benefit of all
Of common observance and benefit
Sources of Law:
Constitution
Legislation
Administrative
Judicial decisions or jurisprudence
Custom
Other Sources
the fundamental law or supreme law, the highest law of the land
Constitution
the fundamental law or supreme law, the highest law of the land
Constitution
laws enacted by Congress
Legislation
purpose is to implement, explain or provide the details of legislations
Administrative
decisions of the Supreme Court form part of our legal system
Judicial decisions or jurisprudence
habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct
Custom
may apply a custom only if there is no law or statute exactly applicable to resolve it
Custom
courts resort to them only in the absence of all other sources
Other Sources
highest court
supreme court
vested in the Judicial Department of the government which comprises of the Supreme Court and other lower courts.
Judicial power
consists of hierarchy of courts with a pyramid-like structure with the Supreme Court on top
judicial system
hear and decide almost all cases not falling under the jurisdiction of special courts
Regular Court
hear and decide special cases. These are the Sandiganbayan, Court of Tax Appeals and Sharia Courts.
Special Court
regular and special courts because they too hear and decide actual cases and controversies
quasi - judicial agencies
As to its purpose:
Substantive law
Adjective law
creates and defines rights and duties which may be either public or private character
Substantive law
prescribes the manner or procedure by which rights may be enforced or their violations redressed
Adjective law
As to subject matter:
Public law
Private law
regulates the rights and duties arising from the relationship of the state to the people
Public law
regulates the relations of individuals with one another for purely private end
Private law
sources of obligations and the rights and duties arising from agreements and the particular contracts
Law on Obligations and Contracts
body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters
Civil Laws
a collection of different civil laws and has 2270 articles
Civil Code
The Civil Code took effect on
August 30, 1950
The rule is
ignorance of the law excuses no one from complying with the law
the act of any person who, with intent to gain for himself
Fencing
includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing
Fence
Anti-Fencing Law
Presidential Decree 1612
