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I.

INTRODUCTION TO LAW AND THE PHILIPPINE LEGAL SYSTEM

1. What is law?
-means any rule of action or any system of uniformity.
-it is divided into two general groups: (Law which is promulgated and enforced by
the state: state law and Law which is not promulgated and enforced by the state: divine
law, natural law, moral law and physical law)

2. What is divine law?


-is the law of religion and faith which concerns itself with the concept of sin and
salvation.
-is promulgated by God and revealed to mankind by means of direct revelation.

3. What is natural law?


-is the divine inspiration in man of the sense of justice, fairness, and righteousness,
not by divine revelation or formal promulgation, but by internal dictates of reason alone.
-is said to be impressed in man as the core of his higher self at the very moment of
being or, perhaps, even before that.
-is the reasonable basis of state law.

4. What is moral law?


-refers to the totality of the norms of good and right conduct growing out of the
collective sense of right and wrong of every community.
-it is not absolute (same-sex marriage)
-influences or shapes state law.

5. What is physical law (law of physical science)?


-refers to uniformities of actions and orders of sequence which are the physical
phenomena that we sense and feel.

6. What is state law?


-refers to the law that is promulgated and enforced by the state.
-ObliCon
-(general sense) refers to all the laws taken together; is the mass of obligatory rules
established for the purpose of governing the relations of persons in society.
-(specific sense) is a rule of conduct, just, obligatory, promulgated by legitimate
authority, and of common observance and benefit.

7. What are the characteristics of law?


1) It is a rule of conduct.
2) It is obligatory.
3) It is promulgated by legitimate authority.
4) It is of common observance and benefit.

8. What do you think is the purpose of law?

9. What are the sources of law?


1) Constitution – the supreme or highest law of the land.
2) Legislation
3) Administrative or executive orders, regulations and rulings
4) Judicial decisions or jurisprudence
5) Custom
6) Other sources

10. What is the presumption rule in case of doubt in interpretation or application of laws?
-it is presumed that the lawmaking body intended right and justice to prevail.

11. What are the classifications of law as to its purpose?


1) Substantive law – the portion of the body of law creating and defining rights and
duties which may be either public or private in character. (ObliCon)
2) Adjective law – the portion of the body of law prescribing the manner or
procedure by which rights may be enforced or their violations redressed. (Remedial or
procedural law)

12. What are the classifications of law as to its subject matter?


1) Public law – the body of legal rules which regulates the rights and duties arising
from the relationship of the state to the people. (criminal, international, constitutional,
adiministrative)
2) Private law – the body of rules which regulates the relations of individuals with
one another for purely private ends. (civil procedure)

13. What do you mean by “Ignorance of law excuses no one from compliance therewith”?

14. What is law on obligations and contracts?


-is the body of rules which deals with the nature and sources of obligations and the
rights and duties arising from agreements and the particular contracts.