2. Definition of Law
Comprehensive sense
Law means any rule of action or any system of
uniformity.
The legislative pronouncements of the rules
which should guide one’s action in society.
(Gifis Law Dictionary)
Rule of a conduct or action established by
custom or laid down and enforced by a governing
body
3. General Classification of Law
1. Natural Law
It refers to the fundamental precepts of which are not
promulgated but rather discovered by divine
inspiration or by the use of reason.
2. Positive Law (State Law)
It consists of rules, more particularly referred as
Statutes, promulgated by a competent authority
known as the legislature and enforce by the
State.
4. General Classification of Law
1. Natural Law
a. Physical Law
- also known as physical science
- refers to the uniformities of actions and orders of sequence in the
operation of nature, which are the physical phenomena that we
sense and feel
b. Moral Law
- It is the totality of social norms regulating human activity growing
out of the collective consciousness or public sense of right or wrong
of the people.
c. Divine Law
- It is the law of the religious faith and concerns itself with concept
of sin and salvation, of death and life, of the temporal and of the
eternal.
5. General Classification of Law
2. Positive Law
a. Political and International Law
b. Labor and Social Law
c. Civil Law
d. Taxation
e. Mercantile Law
f. Criminal Law
g. Remedial Law
6. Characteristics of Positive Law
1. It is a rule of conduct;
2. Promulgated by a competent court;
3. Obligatory; and
4. Of general observance.
7. Sources of Law
The principal sources of law in the Phil.
are as follows:
1. Constitution;
2. Legislation;
3. Administrative or Executive Orders,
Regulations and Rulings;
4. Jurisprudence
5. Custom
6. Others sources
8. Classification of Law under the
Philippine Legal System
1. According to its purpose
2. According to scope or content
3. According to relationship
9. Classification of Law under the
Philippine Legal System
1. According to its purpose
Substantive Laws – are those that grant or
provide privileges and duties to a person
Remedial/Procedural Laws – are those that
provide for the manner of enforcing or protecting
legal rights and claims.
10. Classification of Law under the
Philippine Legal System
2. According to scope or content
Public Laws – are those that deal with subjects
of public nature or that which governs relations
of the individuals with the state
Private Laws – are those that regulates the
relations of the members of the community with
one another.
11. Classification of Law under the
Philippine Legal System
3. According to relationship
Civil Laws – are those that deal with the
relationship persons
Political Laws - are those that deal with the
people’s relationship with the government.
12. Law on Obligation & Contracts
Substantive or Remedial?
Substantive Law
Public or Private Law?
Private Law
Civil or Political Law?
Civil Law
13. Conclusive Presumption of the
Knowledge of the Law
Art. 3, Civil Code
Ignorance of the law excuses no
one from compliance therewith.
