1 - Introduction To Law: The Meaning of Law
1 - Introduction To Law: The Meaning of Law
1 - Introduction To Law: The Meaning of Law
Law may be divided into two general groups: Natural law has been regarded as the reasonable
basis of state law.
1. Law (in the strict legal sense) which is
promulgated and enforced by the state (State
Law) Moral Law
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state (divine Moral law refers to the totality of the norms of
law, natural law, moral law, and physical law) good and right conduct growing out of the collective
sense of right and wrong of every community. (It is
based on what the group believes to be right or wrong)
Subjects of Law
There is no definite legal sanction like
State law, divine law, natural law, and moral law imprisonment for violation of purely moral law only
are comprised in the definition of law as a rule of action. approval or disapproval of the rest of the group.
They apply to men as rational beings only.
Moral law is not absolute. It varies with the
Physical law operates on all things, including changing times, conditions or convictions of the people.
men, without regard to the latter’s use of their willpower
and intelligence. It is called law only figuratively Moral law, to a great extent, influences or
speaking. shapes state law.
Divine law is the law of religion and faith which Physical law in general is consist of the
concerns itself with the concept of sin (as contrasted uniformities of actions and orders of sequence which are
with crime) and salvation. the physical phenomena that we sense and feel. (e.g. law
of gravitation, law of chemical combination.)
Source - It is formally promulgated by God and revealed
or divulged to mankind by means of direct revelation. State Law (Law)
Sanction – The sanction of divine law lies in the State law is the law promulgated and enforced
assurance of certain rewards and punishments in the by the state. This is also known as positive law,
present life or in the life to come municipal law, civil law, or imperative law.
Natural may be defined as the divine inspiration In its general sense, state law refers to all the
in man of the sense of justice, fairness, and laws taken together. It may be defined as the “the mass
righteousness, not by divine revelation or formal of obligatory rules established for the purpose of
promulgation, but by internal dictates of reason alone. governing the relations of persons in society.”
Natural law is ever present and binding on all In its specific sense, state law has been defined
men everywhere and at all times. There is in every man a as “a rule of conduct, just, obligatory, promulgated by
legitimate authority, and of common observance and 3. Administrative or executive orders, regulations, and
benefit.” rulings – They are those issued by administrative
officials under legislative authority. They are valid only
when they are not contrary to the laws and constitution.
What does law do? 1. Regular courts – The Philippine judicial system
-Law secures justice, resolves conflict, orders consists of hierarchy of courts resembling a pyramid
society, protects interests, control social relations. with the Supreme Court at the apex. Under present
legislation, the other courts are
Classifications of Law
1. as to its purpose
Meaning of Obligation
Forms of Obligations
The term obligation is derived from the Latin
word obligatio which means tying or binding. The form of an obligation refers to the manner in which
It is a tie or bond recognized by law by virtue of an obligation is manifested or incurred. It may be:
which one is bound in favor of another to render
something—and this may consist in giving a thing, 1. oral
doing a certain act, or not doing a certain act. 2. in writing
3. partly oral and partly in writing
Meaning of Juridical Necessity 2. Right is the power which a person has under law, to
demand from one another any prestation.
Obligation is a juridical necessity because in
case of noncompliance, the courts of justice may be 3. A wrong is an act or omission of one party in
called upon by the aggrieved party to enforce its violation of the legal right or rights of another. In law,
fulfillment or, in default thereof, the economic value that the term injury is also used to refer to the wrongful
it represents. violation of the legal right of another.
Legal Obligations are obligations arising from law. They b. Solutio indebiti is the juridical relation which
are not presumed because they are considered a burden is created when something is received when
upon the obligor. They are the exception, not the rule. there is no right to demand it and it was unduly
To be demandable, they must be clearly set forth in the delivered through mistake. The requisites are:
law.
-There is no right to receive the thing
delivered
2. Contracts – when they arise from the stipulation of -The thing was delivered through
the parties mistake
Ex. Obligation to repay a loan or indebtedness Ex. D owes C Php 1,000.00. If D paid T
by virtue of an agreement believing that T was authorized to
receive payment for C, the obligation to
A contract is a meeting of minds between two parties return on the part of T arises. If D paid
whereby one binds himself, with respect to the other, to C Php 2,000.00 by mistake, C must
give something or to render some service. return the excess of Php 1,000.00
.
Contractual Obligations are obligations arising from
contracts or voluntary agreements. It is presumed that
the contracts entered into are valid and enforceable. Quasi-contractual obligations are obligations that arise
from quasi-contracts or contracts implied by law.
Ex. Obligation to return money paid by mistake Ex. Obligation of a thief to return the car stolen
or which is not due by him; the duty of a murderer to indemnify the
heirs of his victim.
e. There is no pre-existing contractual relation
Oftentimes the commission of a crime causes between the parties
not only moral evil but also material damage. From this
principle, the rule has been established that every person
criminally liable for an act or omission is also civilly Ex. While playing softball with his friends,
liable for damages. X broke the window glass of Y his neighbor.
The accident would not have happened had they
In crimes however, which cause no material played a little farther from the house of Y.
damage, there is no civil liability to be enforced. But a In this case, X is under obligation to pay
person not criminally responsible may still be liable the damage caused to Y by his act although there
civilly, such as failure to pay a contractual debt; causing is no pre-existing contractual relation between
damage to another’s property without malicious or them because he is guilty of fault or negligence.
criminal intent or negligence, etc.