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DEFINITION (and/or elements) OF LAW any rule of action or norm of conduct applicable to all kinds of action and to all
objects of creation which therefore include all laws, whether they refer to state law, physical law, divine law, and others (in its broadest sense) a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit (in its strict legal sense, Sanchez Roman, 23) B. a. Divine Positive Law, i.e., Ten Commandments b. Divine Human Positive Law, i.e., Commandments of the church Positive Law 1. Public Law a. b. Constitutional Law is the fundamental law of the land which defines the powers of the government. Administrative Law that 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 body of rules which regulates the community of nations.
1. 2.
It is a rule of conduct Laws serve as guides of an individual in relation to his fellowmen and to his community; Law must be just Laws, as guides for human conduct, should run as golden threads through society, to the end that law may approach its supreme ideal which is the sway and dominance of justice;
c. 2.
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 of a redress of wrong. a. b. Substantive private law those rules which declare legal relations of litigants when the courts have been properly moved to action upon facts duly presented to them. Procedural or adjective private law refers to the means and methods of setting the courts in motion, making the fact known to them and effectuating their judgments.
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It must be obligatory If the laws are not enforced, the purpose for which they are intended will not be served; Laws must be prescribed by legitimate authority If the laws are not prescribed by legitimate authority, the people could not be expected to observe them. Authority to make laws is conferred upon those duly chosen by the sovereign will of the people. This is in consonance with Section 1, Article 2 of the Philippine Constitution which says that sovereignty resides in the people and all government authority emanates from them;
SOURCES OF LAW 1. Legislation Before the declaration of Martial Law in the Philippines on September 21, 1972, the power to legislate laws is vested in the Congress of the Philippines which consists of the Senate and the House of Representatives. Upon the imposition of mArtial Law and after the dissolution of the old Congress, the power to legislate laws is vested in the President of the Philippines. This is the reason why the President issued presidential decrees and letters of instructions. When the Batasang Pambansa was orgnanized, legislative power is principally vested in this body although the President, under and by virtue of what is known as Amendment No. 6, continued to issue decrees when the exigency of the situation requires and in case of other emergencies. Among many others, this is one of the dictatorial acts that was severely questioned by several lawyers and critics of the past regime. Now, after Precedent 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. Custom have the force of law only when they are acknowledged and approved by society through long and uninterrupted usage. The following are requisites before the court considers customs: a. A custom must be proved as a fact according to the rules of evidence (Art. 12, NCC); b. The custom must not be contrary to law (Art. 11, NCC); c. Court Decision 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, although judicial decisions are not laws, they are evidence of the meaning and interpretations of the laws.
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Laws must be ordained for the common benefit This recognizes the famous Latin maxim of Salus Populi Est Suprema Lex 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 persuasion, or status in life. CLASSIFICATION OF LAW
2. 3.
A.
Natural Law This law derives its force and authority from God. It is superior to other laws. It is binding to the whole world, in all countries and at all times. 1. 2. Physical Law Universal rule of action that governs the conduct and movement of things which are non-free and material. Moral Law Set of rules which establishes what is right and what is wrong as dictated by the human conscience and as inspired by the eternal law. Divine Law
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DEFINITION (and/or elements) OF LAW any rule of action or norm of conduct applicable to all kinds of action and to all

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