Law may be defined as the principles and regulation Statutes

established in a community by some authority and Also known as acts, are laws passed by a legislature.
applicable to its people, whether in the form of Federal statutes are the laws passed by Congress,
legislation or customs and policies recognized and usually with the approval of the President.
enforced by judicial decision  Philippine Statutes
 Acts
Characteristics of Law
 Commonwealth Acts
1. Rule of conduct;  Mga Batas Pambansa
2. Just and obligatory;  Republic Acts
3. Promulgated by legislative authority;  Government
4. It is for common observance and benefits.
Government as Element of the State
Purpose of Law
State is community of persons, more or less numerous,
1. Substantive Law: law that creates or defines rights, permanently occupying a definite territory, under an
duties, obligations, and causes of action that can organized government to which they render habitual
be enforced by laws obedience and enjoying freedom from foreign control.
2. Adjective Law: the portion of the law that deals
The elements of the state are the following:
with the rules of procedure governing evidence,
pleading, and practice While Substantive Laws are  People
set of laws that governs how members of a society  Territory
are to behave. It is contrasted with Adjective Laws  Government
which is the set of procedures for making,  Sovereignty
administering and enforcing substantive laws.
Definition and basic duties of the government
Types of Law
Government is the agency or instrumentality through
1. Criminal laws--those dealing with homicide, illegal which the will of the people is formulated, expressed,
drugs, theft, and other antisocial behavior--are and realized. It is the body of people and institutions
enforced by agents of the state against specific that make and enforce laws for society.
persons or corporations.
2. Civil lawsuits involve personal injuries, business Their basic duty are the following:
disputes, land deals, libel and slander, and various
 Insure domestic peace and order
other commercial interests. The parties in a civil
case may be individuals, corporations, or the state  Establish the defense of the state and preservation
itself. of independence
3. Administrative Law except for criminal laws, most  Promote physical, social and economic wellbeing
of the laws passed by Congress and the state of the people
legislatures are implemented through  Promotion of general welfare, public safety, and
administrative law proceedings. public morality
 Secure economic development
The main sources of Philippine law are:
Classification of Government
 The Constitution – the fundamental and supreme
law of the land The modern classification of forms of government are
 Statutes – including Acts of Congress, municipal the following:
charters, municipal legislation, court rules, A – as to the number of persons exercising of persons
administrative rules and orders, legislative rules exercising the sovereign powers.
and presidential issuances.
 Treaties and conventions – these have the same 1. Monarchy – it is ruled by one person usually called
force of authority as statutes. the monarch. It may be a king, queen, emperor,
 Judicial decisions – Article 8 of the Civil Code of the empress, tzar or tsarina.
Philippines provides that ‘judicial decisions 2. Democracy – it is ruled by the people. The ultimate
applying to or interpreting the laws or the power is vested in the people.
Constitution shall form a part of the legal system of B – as to the division of powers between national and
the Philippines’. Only decisions of its Supreme local government
Court establish jurisprudence and are binding on all
other courts. 1. Unitary government – the centralization of
government powers in the national government. The
authority of the national government is supreme over social support. It is known to be the basic and
local government authority and therefore all laws paramount law of the land to which all other laws must
conceived by the local government must be in total conform and to which all persons, including the highest
conformity with what the national government official to the land must defer. It is also the basic
provides. principles and laws of a nation, state, or social group
that determine the powers and duties of the
2. Federal government – this form divides the powers government and guarantee certain rights to the people
of the government between the national government in it.
and the different local government units. Both are
supreme in their own jurisdictions. Here, the local The Constitution of the Philippines
government enjoys autonomy in contrast to unitary
system. The constitution (Filipino: Saligang Batas ng Pilipinas or
Konstitusyon ng Pilipinas, Spanish: Constitución de la
C – as to the relationship of the executive to the República de Filipinas) or supreme law of the Republic
legislative department of the Philippines. Its final draft was completed by the
Constitutional Commission on October 12, 1986 and
1. Presidential government – it is that form of was ratified by a nationwide plebiscite on February 2,
government in which the chief executive is 1987.
constitutionally independent of the legislature with
respect to his tenure, acts, and powers. The chief Three other constitutions have effectively governed
executive is elected by the people for a definite period the country in its history:
and therefore he is directly responsible to them for his
policies and acts.  the 1935 Commonwealth Constitution
 the 1973 Constitution
2. Parliamentary government – it is that form of  and the 1986 Freedom Constitution.
government in which the real executive (the Prime
minister and his cabinet or ministry) is immediately and The earliest constitution establishing a "Philippine
legally responsible to the legislature and mediately or Republic", the 1899 Malolos Constitution, was never
finally responsible to the electorate, while titular or fully implemented throughout the Philippines and did
nominal executive (head of state) occupies a position not establish a state that was internationally
of irresponsibility. recognized, due in great part to the eruption of the
Philippine-American War following its adoption.
Three inherent powers of the State
Background of the 1987 Constitution
1. Eminent domain – it is the power of the state to take
private property for public purpose or public use in  It is known to be the basic and paramount law of
exchange of just compensation. the land to which all other laws must conform and
to which all persons, including the highest official
2. Police power – It is the power of the state to enact of the land must defer.
laws in relation to persons and property as may  Its final draft was completed by the Constitutional
promote public health, public morals, public safety and Commission on October 12, 1986, and was ratified
the general welfare of each inhabitant provided that by a nationwide plebiscite and took effect on
they are not contrary to the Constitution. February 2, 1987 during the tenure of former
3. Power of taxation – It is the power of the state to President Corazon Aquino.
impose burdens or charges upon persons and property Constitutional Reform in the Philippines
for the purpose of raising revenue for public purpose.
Also known as Charter Change (colloquially Cha-Cha),
These powers are inherent, this means that the state refers to the political and legal processes needed to
automatically possesses these powers. In other words, amend the current 1987 Constitution of the
these powers are not granted by any law to the state. Philippines. Under the common interpretation of the
The Constitution: Definition Constitution, amendments can be proposed by one of
four methods:
Having its roots in the infamous Magna Carta and
expressed further in the US Declaration of  People's Initiative
Independence and adopted by majority of democratic  Constituent Assembly
countries around the world, the Constitution is an  Constitutional Convention
essential piece of legislation whose sole purpose is to  a joint Concurrent Resolution by both Lower
mandate the government to craft laws that will ensure  House and Senate
protection of its people from its rights, abuses and
I. National Territory foreign vessels, namely: (1) French rule is that crimes
committed aboard a foreign merchant vessel are
The national territory comprises the Philippine subject to the jurisdiction of the flag state; (2) English
archipelago, with all the islands and waters embraced
rule are crimes committed aboard a foreign merchant
therein, and all other territories over which the vessel are subject to the jurisdiction where it is
Philippines has sovereignty or jurisdiction, consisting of committed. Philippines followed the English Rule.
its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular The jurisdiction of the Philippines also extends outside
shelves, and other submarine areas. The waters the Philippine territory such as commission of any
around, between, and connecting the islands of the crime on a Philippine ship or airship.
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Law is:
Philippines.  A rule of conduct, or body of rules
Maritime zones are the following:  Which are just and obligatory
 Promulgated by legitimate or competent authority
1. Territorial Sea – 12 nautical miles from the base; all  For common observance
penal laws apply.
Kinds of Law:
2. Contiguous – 24 nautical miles from base line; State
has the power to prevent and punish infringement of 1. Substantive law – it creates, defines, and regulates
customs, immigration, fiscal and sanitary laws. the conduct, rights, duties, and obligations of
individuals and entities that can be enforced.
3. Exclusive Economic Zone (EEZ) - 200 nautical miles 2. Procedural law – it provides the means and
(230 miles) beyond a nation's territorial sea; 200 methods by which the case is to be filed, tried, and
nautical miles (230 miles) beyond a nation's territorial decided. The kind of law that deals with the rules
sea. of procedures governing evidence, pleading, and
As a rule, our criminal laws and other laws are practice. Also known as Adjective law.
applicable and obligatory on all persons who live or Scope of Law
sojourn in Philippine territory but with the following
exceptions:  Public Laws – a branch of law concerned with
regulating the relations of individuals with the
1. Treaty stipulations – Example is the Visiting Force government and the organization and conduct of
Agreement, an agreement between the Philippine and the government itself.
US Government regarding the treatment of US Armed  Private Laws – a branch of law concerned with
Forces visiting the Philippines. private persons, property, and relationships.
2. Laws of Preferential Application – As a general rule, Forms & Branches of Government
Ambassadors, Public Ministers, and Domestic Servants
of ambassadors or ministers are exempt from arrest  Government is merely an agency or
and imprisonment, and their properties exempt from instrumentality of the State through which the will
distraint, seizure and attachment. of the State is formulated, expressed, and realized.
(Cruz, supra at 33)
3. Principles of Public International Law –Diplomatic
 A government is a system of order for a nation,
officer who is engaged in the performance of their
state, or another political unit. A government is
official functions has diplomatic immunity. Those
responsible for creating and enforcing the rules of
diplomatic officer are:
society, defense, foreign affairs, the economy, and
a) Sovereigns and other heads of state public services. While the responsibilities of all
b) Charges d’ affaires governments are similar, those duties are executed
c) Ambassadors in different ways depending on the form of
d) Ministers government.
e) Minister resident
Forms:
f) Plenipotentiary
 Presidential government – there is separation of
4. Warship rule - A warship of another country, even
executive and legislative powers to two distinct
though docked in the Philippines, is considered an
governmental branches.
extension of the territory of its respective country.
 Parliamentary government – there is fusion of
There are two fundamental rules in determining the both the executive and legislative powers although
jurisdiction over the crimes committed on board the actual exercise of the executive powers is
 vested in a Prime Minister who is chosen by and  Eminent Domain – power of the government to
accountable to the Parliament. forcibly acquire private property for public purpose
 Totalitarian government - It is one in which there after payment of just compensation.
is total control of all phases of the people’s lives.
While the people seemingly enjoy certain civil Art. III – Bill of Rights
rights extended to them as a promise, actually, the Bill of Rights – it enumerates specific protections
people have no rights. against the abuse of state power.
 Federal government - one in which the power of
the government are divided between two sets of 1. a right to due process and equal protection of law
organs, one for national affairs and the other local 2. a right against searches and seizures without a
affairs, each organ being supreme within its own warrant issued by a judge
sphere; consists of autonomous local government 3. a right to privacy
units merged into a single State, with the national 4. the right to freedom of speech and expression,
government exercising limited degree of power freedom of the press, freedom of assembly, and
over the domestic affairs but generally full the right to petition
discretion of the external affairs of the State. 5. the free exercise of religion
 Monarchy- A form of government in which power 6. a right of abode and the right to travel
is vested in the hands of a single person without 7. a right to information on matters of public concern
regard to the source of his election or the nature or 8. a right to form associations, unions, or societies for
duration of his tenure purposes not contrary to law.
 Aristocracy- A form of government in which a few 9. a right to just compensation before private
persons – the aristocrats holding exceptional rank property is taken for public use.
and privileges, especially the hereditary nobility, 10. non-impairment of contracts
exercise the power of the state. It is in this context 11. a right of free access to courts
that it means the government by an elite of the 12. the right to remain silent and to have competent
society that has high social status, wealth, and legal counsel
political power. 13. a right to bail and against excessive bail conditions
 Democracy- A form of government in which the 14. the right to a speedy trial and to be presumed
supreme power is vested in the people and innocent until proven guilty
exercised directly by them or by their elected 15. the privilege of the writ of habeas corpus
delegates or representatives under a free electoral 16. the right against self-incrimination
system. 17. the right to political beliefs and aspirations
18. the right against involuntary servitude
Branches of the Government of the Republic of the PH 19. a prohibition against cruel, degrading, or inhuman
punishment
1. Executive Department – the department
20. the right against double jeopardy
responsible for enforcing and implementing the
21. prohibition of ex post facto laws
laws, rules and regulations. President, Vice
22. right against imprisonment for non-payment of
President, Local executive officials.
debt
2. Legislative Department – they create, enact,
amend, and repeal laws, rules, and regulations. Art. IV – Citizenship
The Bicameral Congress is composed of 2
branches, the Senate and the House of  Citizenship - it is membership in a political
Representatives. community which is more or less permanent in
3. Judicial Department – it is responsible for the nature.
application, interpretation, and construction of  Citizenship is the status of being a citizen.
doubtful provisions of law.  The citizen is entitled to certain rights like the right
to receive protection from the government, the
Powers of the Government right to vote, to run for public office, to own land,
exploit natural resources, operate public utilities,
 Police Power – power of the government to
administer educational institutions and manage
regulate and restrain the use of liberty and
mass media.
properties to promote the public welfare.
 Taxation – power of the government to generate Modes of acquiring citizenship:
revenues to support the services and programs to
the public.  Birth
 Marriage
 Naturalization - It is a legal process by which an Philippines or to corporations or associations at
alien acquires the citizenship of another state. It is least sixty per centum of whose capital is owned by
the act of adopting a foreigner and clothing him such citizens, or such higher percentage as
with the privileges of a native citizen. Congress may prescribe, certain areas of
investments.
Types of citizenship by birth:
CIVIL LAW
 Jus soli – citizenship is based on place of birth
 Jus sanguinis – citizenship is based on blood  It is the mass precepts which determine and
relationship regulate the relations of assistance, authority and
obedience among the members of a family and
Art. V – Suffrage those which exist among members of society for
It is the right to vote. Suffrage may be exercised by: the protection of private interest

1. all citizens of the Philippines not otherwise Difference of Civil Law System from Common Law
disqualified by law System
2. who are at least eighteen years of age, and  Civil law is codal, statutory and written law
3. who shall have resided in the Philippines for at o The civil law system is a codified system of
least one year, and in the place wherein they law. It takes its origins from Roman law.
propose to vote, for at least six months o Only legislative enactments are considered
immediately preceding the election. binding for all.
4. No literacy, property, or other substantive o Less freedom of contract – parties are not
requirement shall be imposed on the exercise of allowed to contract out of provisions that
suffrage. are specified by law.
5. Any person who, on the day of registration may not  Common law is basically derived from case law,
have reached the required age or period of jurisdictions, and common practice.
residence but, who, on the day of the election shall o Countries following a common law system
possess such qualifications, may register as a voter. are typically those that were former British
Disqualification - The following shall be disqualified colonies.
from registering to vote: o It is not a written constitution or codified
laws.
1. Any person who has been sentenced by final o Judicial decisions are binding – decisions of
judgment to suffer imprisonment of not less than the highest court can generally only be
one (1) Year. Provided, however, That any person overturned by that same court or through
disqualified to vote under this paragraph shall legislation.
automatically reacquire the right to vote upon o Extensive freedom of contract
expiration of five (5) years after service of o Generally, everything is permitted that is
sentence; not expressly prohibited by law.
2. Any person who has been adjudged by final
judgment by a competent court or tribunal of Civil Code of the Philippines
having committed any crime involving disloyalty to Art. 2. Laws shall take effect after 15 days following the
the duly constituted government such as rebellion, completion of their publication either in the Official
sedition, violation of the firearms laws or any crime Gazette, or in a newspaper of general circulation in the
against national security, unless restored to his full
Philippines, unless it is otherwise provided.
civil and political rights in accordance with law;
3. Insane or incompetent persons declared as such by What is a newspaper of general circulation? (Art. 2,
competent authority New Civil Code)
Art. XII. National Economy and Patrimony 1. Published for the dissemination of local news and
general information
 The State shall protect Filipino enterprises against 2. Bona fide subscription list of paying subscribers
unfair foreign competition and trade practices. 3. Published at regular intervals
 In the grant of rights, privileges and concessions
covering the national economy and patrimony, the Laws shall take effect after 15 days following the
State shall give preference to qualified Filipinos. completion of their publication means:
 The Congress shall, upon recommendation of the
 Effectivity date is on the 16th day
economic and planning agency, when the national
interest dictates, reserve to citizens of the
 If the law states that it will be effective Essential elements of an Obligation:
“Immediately upon approval”, it means
immediately after publication.  Juridical tie – efficient cause established by the
various sources of obligations
 Publication is indispensable.
 Object (prestation) – the particular conduct
Art. 3. Ignorance of the law excuses no one from required to be observed by the debtor (to give, to
compliance therewith. do, or not to do)
 Active subject – the obligee or creditor
Exception of presumption of knowledge of law:
 Passive subject – the obligor or debtor
1. Mistake of doubtful or difficult question of laws
Sources of Obligation
2. Mutual error as to the legal effect of an agreement
when real purpose is frustrated 1. Law – obligations derived from law are not
3. Payment by reason of mistake in the construction presumed.
or application of doubtful or difficult questions of
laws. 2. Contracts – obligations arising from contracts have
the force of law between the contracting parties and
Art. 13. When the law speaks of years, months, days or should be complied with in good faith. It is the meeting
nights, it shall be understood that years are of three of minds between two persons whereby one binds
hundred sixty-five days each; months, of thirty days; himself, with respect to the other, to give something or
days, of twenty-four hours; and nights, from sunset to to render some service.
sunrise.
3. Quasi-contracts – is a juridical relation arising from
If months are designated by their name, they shall be certain lawful, voluntary, and unilateral acts with the
computed by the number of days which they objective of preventing unjust enrichment or benefit at
respectively have. the expense of another.
Kinds:
In computing a period, the first day shall be excluded,
 Negotiorum gestio is the voluntary administration
and the last day included.
of the property, business or affairs of another,
Legal Periods: without his consent or authority that creates an
obligation for reimbursement for the necessary
 Year – 12 calendar months expenses the gestor had spent.
 Month - 30 days unless it refers to a specific  Solutio indebiti refers to payment by mistake. It is
calendar month receiving payment by mistake that is not due or
 Day - 24 hours does not have such right to demand such payment.
 Night - Sunset to sunrise It creates an obligation to return such payment.
 First day is excluded and last day is included
4. Acts or omissions punishable by law (Delicts) –
Principle of Unjust Enrichment (Art. 22) criminal liability will give rise to civil liability only if the
same felonious act or omission results in damage or
 Enrichment is without just or legal ground
injury to another and is the direct and proximate cause
 Defendant has been enriched
thereof.
 Plaintiff has suffered a loss
 No other action based on contract, quasi-contract, 5. Quasi-delicts - are acts or omissions that cause
crime or quasi-delict. damage to another, there being fault or negligence, is
obliged to pay for the damage done but without any
Obligations and Contracts pre-existing contractual relations between the party.
Obligations Kind of Obligations Based on Juridical Quality
 it is a juridical necessity to give, to do, or not to do  Civil obligations – it gives a right of action to
(Art. 1156). compel its performance. It provides for a legal
 also defined as a juridical relation whereby a sanction in case of its breach.
person called the creditor may demand from  Natural obligation – it does not grant a right of
another, the debtor, the observance of a action to enforce its performance, but if there is
determinate conduct, and in case of breach, may voluntary fulfillment by the debtor, it authorizes
obtain satisfaction from the assets of the latter. the retention of what has been delivered or
rendered by reason thereof.
It does not provide for a legal sanction in case of
non-performance.
Kind of Obligations Based on Presentation
 Personal obligation – it involves an obligation to do
or not to do
 Real obligation – it involves an obligation to give or
to deliver.
Kinds:
o Determinate or specific obligation – it
involves an obligation to deliver a
determinate or specific thing.
A determinate thing is one which is
particularly designated or physically
segregated from all others of the same
class or species.
o Indeterminate or generic obligation – it
involves an obligation to deliver an
indeterminate or generic thing.
A generic thing is one which is designated
by its class or genus.
Kind of Obligations Based on Number of Subjects
 Simple obligation – there is only one debtor and
only one creditor.
 Joint or solidary obligation – there is plurality of
subjects.
o Joint obligation – one in which each
debtor is liable only for a proportionate
part of the debt, and each creditor is
entitled to demand only a proportionate
part of the credit from each debtor.
o Solidary obligation – one in which each of
the debtors is liable for the entire
obligation, and each of the creditors is
entitled to demand the satisfaction of the
whole obligation from any or all of the
debtors.
Kind of Obligations Based on Preference/Absence of
Term (Period) or Condition
 Pure obligation – obligation is not subject to any
condition or term (period).
 Conditional obligation – one which is subject to
condition.
 Obligation with a term – an obligation whose
effects are subjected in one way or another to the
expiration of a term.
Contracts
 It is the meeting of minds between two persons
whereby one binds himself, with respect to the
other, to give something or to render some service.
Kinds of Contract as to Perfection:
 Consensual – that which is perfected by mere
consent.
 Real – that which is perfected not by mere consent
but by the delivery of the object of the contract.