Introduction To Law and The Family Code: Atty. John Mark A. Camalon

Introduction to Law and the
Family Code
ATTY. JOHN MARK A. CAMALON

Definition of Law
It is a rule of conduct, just,

obligatory, promulgated by
legitimate authority, and of
common observance and
benefit.
Definition of Law
It is the expression of the

sovereignty of the people
through duly constituted
authority such as the
legislature
Elements of Law
1. Law is a rule of conduct

2. Law must be just and
obligatory
3. Law must be promulgated by
legitimate authority
4. Enacted for common
observance and benefit
Elements of Law
1. Law is a rule of conduct

- Law tells us what shall be done and
what shall not be done.
- As a rule of human conduct, law
takes cognizance of external acts
only.
Elements of Law
2. Law must be just and

obligatory
- Law is considered as a positive

command imposing a duty to obey
and involving a sanction which
forces obedience.
Elements of Law
3. Law must be promulgated by

legitimate authority
- In a democratic country like the
Philippines, the legitimate or competent
authority is the Legislature.
- Laws called statutes are enacted by
Congress.
- LGUs are also empowered to enact
ordinances.
Elements of Law
4. Law must be of common

observance and benefit
- It regulates the relations of men to
maintain harmony in society and to
make order and co-existence possible.
- Law must, therefore, be observed by all
for the benefit of all.
Classification of Law under the
Philippine System
The methods of classifying law

are many.
For our purposes, it would be
best to consider the main
classifications of law, as to its
purpose, an second, as to its
nature.
Sources of Law
1. Constitution
2. Legislation (statutes)
3. Administrative or Executive
Orders, Regulations and Rulings
4. Judicial Decisions or
Jurisprudence
5. Custom
Sources of Law
1. Constitution
- It is a written instrument by which
the fundamental powers of the
government are established,
limited, and defined, and by which
these powers are distributed among
the several departments for their
safe and useful exercise for the
benefit of the people.
Sources of Law
1. Constitution
- Often referred to as the
fundamental law or supreme law of
the land because they are
promulgated by the people
themselves, binding on all
individual citizens and all agencies
of government.
Sources of Law
1. Constitution
- It is the law to which all other
laws must conform.
- laws which are inconsistent with
the Constitution shall be void and
the latter shall govern.
Sources of Law
2. Legislation
- It consists in the declaration of
legal rules by competent authority.
- Acts passed by the Legislature are
called statutes.
- Legislation includes ordinances
enacted by local government units.
Sources of Law
3. Administrative or Executive
Orders, Regulations and Rulings
- Those issued by administrative
officials under legislative authority.
- Administrative rules/regulations
are intended to clarify or explain
the law and carry into effect its
general provisions.
Sources of Law
Jurisprudence
- Judicial decisions applying or
interpreting the laws or the
Constitution shall form a part of
the legal system of the Phil. (Art. 8
Civil Code)
Sources of Law
Jurisprudence
- As regard court decisions, these are
judicial pronouncements that
interpret the law as it is applied in
a factual situation or problem and
are considered part of the laws of
the land.
Sources of Law
Jurisprudence
- In our system, we adhere to the
doctrine of Stare Decisis which
means that once a case has been
decided one way such decision
stands until it is subsequently
reversed or modified.
Sources of Law
Jurisprudence
- Such doctrine has deeply rooted
itself in our judicial system even at
the early beginnings of or republic.
Philippine System
1) As to purpose
a. Substantive Law
b. Remedial Law
Philippine System
1) As to purpose
a. Substantive Law
- That portion of the body of law
creating and defining rights and
duties which may be public or
private in character.
- Ex. The Law on Obligations & Contracts
Philippine System
1) As to purpose
a. Substantive Law
b. Remedial Law
- Prescribes the manner or
procedure by which rights may be
enforced or protected or their
violations redressed.
Philippine System
1) As to subject matter
a. Public Law
b. Private Law
Philippine System
a. Public Law
- The body of legal rules which
regulates the rights and duties
arising from the relationship of
the state to the people.
- Ex. Criminal law, Constitutional Law,
International Law.
Philippine System
a. Public Law
b. Private Law
- The body of rules which regulates
the relations of individuals with one
another for purely private ends
(private transactions between
parties). Ex. Civil law, Mercantile law.
Philippine System
a. Public Law
b. Private Law
- The body of rules which regulates
the relations of individuals with one
another for purely private ends
(private transactions between
parties). Ex. Civil law, Mercantile law.
Organization of Courts
Under the Constitution, the judicial

power or the power to decide actual
cases and controversies involving the
interpretation and application of law, is
vested in one Supreme Court and in
such lower courts as may be
established by laws.
1. Regular Courts
- The Philippine judicial system
consists of a hierarchy of courts.
- the Supreme Court, the Court of
Appeals and the Regional Trial Courts
are considered courts of general or
superior jurisdiction.
2. Special Courts
- Those created by law to hear special
kind of cases.
- Ex. Sandiganbayan, Family Court,
Court of Tax Appeals.
3. Quasi-Judicial Agencies
- Administrative bodies under the
executive branch, performing quasi-
judicial functions, like the NLRC, SEC,
LTFRB, CSC, COMELEC, COA, etc.
- Their functions are described as quasi-
judicial because they involve also the
settlement or adjudication of
controversies or disputes.
Worlds Legal System
There are 3 legal systems that have exerted

influence to our laws in the past several
centuries and which are still continuously
affecting our jurisprudence.
Worlds Legal System
1. Roman Law
2. Common Law or Angelican Law
3. Mohammedan Law
Worlds Legal System
1. Roman Law
- It is an unwritten law which does not
emanate from the express will of the
Legislature. Founded on maxims, rules
and principles derived from time-honored
usages and customs which received
acceptance from courts of law.
Worlds Legal System
1. Roman Law
3. Mohammedan Law
- Those observed by the Muslims in
Mindanao.
- Derived principally from Koran and
from writings of Islamic jurists.
Worlds Legal System
Of the 3 legal systems, Roman Law has

greatly influenced Philippine Laws.
Roman Law
It is the body of rules and

principles adopted to guide the
Romans in the conduct or
observance of their personal and
official affairs.
Roman Law
Originally these body of rules

were referred to as Jus Quiritium
because it was dominated by
ritualism and strong religious
tenor.
Roman Law
Later it was referred to as the civil

law of the Romans, then known as
Jus Civile.
Value & Importance of Roman Law
Our Civil Code is basically

Roman in origin.
Numerous maxims and legal
principles are continually being
used and cited by law professors
and students and even by law
practitioners in their pleadings.
Our Civil Code is basically

Roman in origin.
Numerous maxims and legal
principles are continually being
used and cited by law professors
and students and even by law
practitioners in their pleadings.
1. Ignorantia legis non excusat

2. Dura lex sed lex
3. Sic utere tuo ut alienum non
laedas
4. Patria Potestas
5. Negotiorum gestio
6. Res perit domino
7. Jus possidendi
8. Jus abutendi
9. Jus utendi
10. Jus fruendi
11. Jus disponendi

12. Jus vendicandi
13. Nulla poena sine lege
14. Salus populi est suprema lex
15. Caveat emptor
16. Solutio indebiti
Modern laws and concepts of

persons and family relations,
paternal authority, marriage,
divorce, concubinage,
legitimation, emancipation,
adoption, guardianship, property
and many others are of roman
origin.
3 periods of Romes Political History
1. Monarchy (753-509 B.C.)

- From the earliest times to the
abolition of the kingship
The roman political history is

divided into 3 periods:
1. Monarchy (753-509 B.C.)
2. Republic (509-31 B.C.)
- From the abolition of
monarchy to the unification of
Italy.
1. Monarchy (753-509 B.C.)

2. Republic (509-31 B.C.)
3. Empire (31 B.C. 1453 A.D.)
- Marked by the breakdown of
the old republican form and is
characterized by fierce political
strife.
Monarchy
Romulus, from whom the name of the

city was derived, is the founder of
Rome.
The kings who immediately succeeded
him are:
Numa Pompilius
Tullus Hostilus,
Ancus Maritus.
Monarchy
Numa Pompilius was

described as a wise and pious
ruler.
is known to have established
the Roman religion and the
adding of 2 months to the
ten-month calendar.
Monarchy
During the reign of Tullus

Hostilus, the Romans
conquered Alba Longa, the
religious center of the Latin
people.
Monarchy
Under Ancus Maritus, a

number of troublesome Latin
cities were conquered and
their inhabitants were
brought to Rome.
Monarchy
Shortly before 600 B.C.,

Rome was conquered by
Etruscan princess from across
the Tiber.
Monarchy
Tarquinus Priscus (616 B.C.),

the first of the Etruscan
kings, drained the citys
marshes and improved the
Forum, which was the
commercial and political
center of the town.
Monarchy
He carried on many wars

with many neighboring
people.
Monarchy
Under Servius Tullius, the 2nd

Etruscan King, a treaty was
made with the Latin cities
which acknowledged Rome
as the head of all Italy.
Monarchy
The last of the kings of Rome,

Tarquinus Superbus (
Tarquin the proud), was a
tyrant who opposed the
people.
Monarchy
A rebellion of the arstocracy

against him was led by Junius
Brutus at about 509 B.C.
As a result, the Etruscans
were driven from the city and
the rest of the Latium, and
Rome became a Republic.
Republic (509-31 B.C.)
In this period, constant

warfare and conquest
prevailed.
The reins of government was
in the hands of aristocratic
citizens called patricians.
At first, the plebeians

(common citizens) had little
to do with the administration
of government.
Gradually, they removed the
barrier between them due to
their continuing demands for
reform.
The Senate was the most

important body, consisted of
300 men who were chosen by
the consuls from the
patricians.
The plebeians were

oppressed, barred from
office, political power, and
suffered from unjust debt
laws and unfair distribution
of territory won by conquest.
To seek redress, the plebeians

in 494 BC marched out of
Rome and threatened to
make a new city.
The patricians acceded to
their demands.
They were granted the right

to be represented by new
officials, call Tribunes, which
had the right to vote on any
act of any magistrate which
was unjust to any citizen.
They continued to gain other

rights and an assembly of their
own, called concilium plebis,
was recognized.
They appointed a 10-man
commission called Decemvirs,
to put state laws into writing
and have them engraved on 12
bronze tablets in 450 BC.
In 445 BC the plebeians won

the right to marry patricians.
Laws were passed that revised
debt laws, limited holdings to
300 acres of land, and
compelled large landowners to
employ a certain proportion of
the laborers.
The growing power of the

plebes was marked by the
gradual rise of a new voting
body, the Comitia Tributa,
where one mans vote counted
as much as another mans vote.
Equalization between
plebeians and patricians was
being realized
The lands conquered by the

Romans were welded into one
single nation.
It did not exploit the
conquered cities of Italy for its
own interest.
Instead, it granted many of

them privileges of human
citizenship.
Most of this people were given
the status of allies.
They had self-government and

the right to trade abd
intermarry in Rome.
They did not, however, have
the right to vote.
All of Italy was dotted with

colonies of Roman citizens.
Most of the colonies retained
their full civic rights.
Thus a common interest in the
welfare of Rome spread
throughout the Italian
Peninsula.
All of Italy was dotted with

colonies of Roman citizens.
Most of the colonies retained
their full civic rights.
Thus a common interest in the
welfare of Rome spread
throughout the Italian
Peninsula.
Intoxicated by their sudden

rise to power, the new
generation of states departed
from the wise policies of their
great predecessors.
They fought ruthlessly and
ruined the countries they
conquered.
Most of the conquered lands

were administered by
governors.
The governors committed
abuses and tried to amass
wealth while in office.
Exorbitant taxes enriched the
greedy collectors.
The ancient simplicity of

Roman life gave way to Luxury
and pomp.
Morals were undermined and
vice and corruption flourished.
The peasants were oppressed
and deprived of their
landholdings.
These events led to a bitter

hostility between aristocratic
few and the poor.
The death of Tiberius marked

the beginning of a century of
revolution and civil war that
ended the establishment of the
Roman Empire.
The thing that saved the

ultimate destruction of Rome
was the emergence of 3
brilliant statesmen:
Gaius
Julius Caesar
Augustus
Scrapping the old republican

framework, they remolded the
structure into an empire.
All power was gradually
concentrated in the hands of a
single ruler backed by the
Roman Army.
Empire (31 B.C. A.D. 1433)
The reign of Augustus marked

the end of the revolutionary
period.
The establishment of the
empire was followed by 2
centuries of profound peace,
and in the provinces resposible
men held power.
Empire (31 B.C. A.D. 1433)
Roman citizenship was

extended to all free men
throughout the empire and
Roman law was administered
in every court.
Empire (31 B.C. A.D. 1433)
Augustus was followed by his

stepson, Tiberius (AD 14-37).
His reign was followed by that
of Caligua, Claudius, and Nero,
the last ruler of the line of
Augustus upon whose death
ended the first century of
peace.
Empire (31 B.C. A.D. 1433)
After another century, the

passion for a life of luxury
existed in all classes. Of
Selfishness and self-indulgence
had become the first law of life.
Slave labor had degraded the
once sturdy peasantry to the
status of serfs or beggars.
Empire (31 B.C. A.D. 1433)
The middle class, which once

had been the backbone of the
nation, had almost
disappeared.
In Roman society, there were
then only the rich and the very
poor.
Empire (31 B.C. A.D. 1433)
For 2 years, after 2 centuries of

peace, there were struggles for
the throne among the military
commanders.
Empire (31 B.C. A.D. 1433)
The long centuries of the

Empire fall naturally into two
periods.
1. Principate the emperor is in
fact supreme, its power is
disguised under republican
forms.
Empire (31 B.C. A.D. 1433)
The long centuries of the

Empire fall naturally into two
periods.
1. Principate
2. Dominate the emperor is no
longer in theory, merely the
princeps or first citizen, he is
now dominus or master of his
subjects.
Empire (31 B.C. A.D. 1433)
Diocletian ascended the

throne.
He introduced important
reforms amounting to a change
in the Constitution.
Empire (31 B.C. A.D. 1433)
The Senate was levelled down

to that of the City Council of
Rome, thereby having
practically no control over the
Emperor himself.
From Diocletian until its end,
the Roman empire remained
an absolute monarchy.
Empire (31 B.C. A.D. 1433)
He also instituted
administrative division
between the Western and
Eastern and Eastern halves of
the empire.
This cleavage was accentuated
when emperor Constantine
transferred his capital to
Constantinople.
Empire (31 B.C. A.D. 1433)
This marked the gradual

disintegration of the Western
Empire and in the 5th century,
when the last Roman emperor
of the West, Romulus
Augustus, was deposed, the
Western Empire finally
collapsed with the Teutonic
invasions (476 AD).
Empire (31 B.C. A.D. 1433)
The Eastern Empire, on the

other hand, has a long future
still before it, which was only
to end with the capture of
Constantine by the Turks in
1453 AD.
LAW AND ITS
APPLICATION
Courts Duty to Decide Every Case
A judge cannot decline to render

judgment by reason of the silence,
obscurity or insufficiency of the
laws.
He must decide the case assigned
to him whether or not he knows
what law shall be applied.
In case of silence, obscurity or

insufficiency of the laws, a judge
may still be guided by the
following:
1. Customs which are not contrary to

law, public order or public policy
2. Court decisions, foreign or local
3. Legal opinion of qualified writers and
professor
4. General principles of justice and
equity
5. Rules of statutory construction
Interpretation of Laws
In case of doubt in the interpretation

or application of the laws, it is
presumed that the lawmaking body
intended right and justice to prevail.
The following are the most basic rules

of statutory construction:
1. When the law and its meaning is
clear and unmistakable, there is
no need to interpret it any
further.

2. When construction or
interpretation is necessary, the
court should interpret the law
according to the meaning the
legislature intended to give it.

3. If there are 2 possible
interpretations of a law, that
which will achieve the ends
desired by Congress should be
adopted.

4. Laws of pleading, practice and
procedure are liberally
construed in order to promote
their object and to assist the
parties in obtaining just, speedy
and inexpensive determination
of every action and proceeding

5. In case of doubt in the
interpretation and application of
laws and when all other rules of
statutory construction fail, it is
presumed that the lawmaking
body intended right and justice
to prevail.
Application of laws
In applying the law, the court should

discover the real intent and purpose of
the legislature.
If that intent and purpose can be
discovered within the law, it is the duty
of the court to carry out that intention.
If the same cannot be discovered within
the law, the court shall be guided by
extrinsic aids.
Concept, Purpose & Effect of Stat
Con
Definition:
- It is the act or process of discovering and
expounding the meaning and intention of
the authors of the law with respect to its
appication to a given case, where that
intention is rendered doubtful, among
others, by reason of the fact that the given
case is not explicitly provided for in the
law.
Construction distinguished from
Interpretation
One who interprets makes use of
intrinsic aids or those found in the
statute itself.
One who constructs makes use of
extrinsic aids or those found outside of
written language of the law.
Therefore, one must interpret first before
he construes.
One must interpret first before he
construes
In trying to ascertain the legislative
intent, courts should first be guided by
intrinsic aids - those found in the law
itself.
If the legislative intent could be
ascertained by merely making use of
intrinsic aids, there is no need to make
use of extrinsic aids - those found
outside of the written language of the
law.
Intrinsic aids distinguished from
extrinsic aids
Intrinsic aids are any of the following:
- Title
- Preamble
- Words
- Phrases and sentence context
- Punctuation
- Headings and marginal notes
- Legislative definitions and interpretation clauses.
extrinsic aids
Extrinsic aids may consist of:
- Contemporaneous circumstance
- Policy
- Legislative history of the statute
- Contemporaneous or practical construction
- Executive construction
- Legislative construction
- Judicial construction
- Construction by the bar and legal commentators
extrinsic aids
Interpretation and construction have the
same purpose and that is to ascertain and
give effect to the legislative intent.
When interpretation and
construction is necessary
1. When the language of the law is

ambiguous, doubtful or obscure when
taken in relation to a set of facts;
2. When reasonable minds disagree as to
meaning and language used in the
statute
When interpretation and
construction is NOT necessary
It is not necessary to interpret or

construct when the law speaks in clear
and categorical language,
The duty of the court, in such a case, is to
APPLY THE LAW, NOT TO INTERPRET
IT.
Who interprets the law and who
determines legislative intent
The judiciary has the delicate task of

ascertaining the significance of a
constitutional or statutory provision, an
executive order, a procedural or a
municipal ordinance.
Letter or the law and the Spirit of the
law
A too literal reading of the law is apt to

constrict rather than fulfill is usually
found not in the letter that killeth but in
the spirit that vivifieth.
Intrinsic Aids
I. Title
- That which expresses the subject matter
of the law.
- It can help in the construction of statutes
but is not controlling and not entitled
much weight.
Intrinsic Aids
II. Preamble
- That part of the statute following the title
and preceding the enacting clause which
states the reasons or objectives of the
enactment.
Intrinsic Aids
III.Words, Phrases and Sentence

Context
- The intention of the legislature must
primarily be determined from the
language of the statute and such
language consists of the words, phrases
and sentences used therein.
Intrinsic Aids
III.Words, Phrases and Sentence

Context
- The meaning of the law should, however,
be taken from the genera consideration
of the act as a whole and not from any
single part, portion or section or from
isolated words and phrases, clauses or
sentences used.
Intrinsic Aids
IV. Punctuation
- It is an aid of low degree in interpretation
and can never control against the
meaning of the written word.
- However, if it gives a meaning which is
reasonable and in accord with legislative
will, it may be used as additional
argument for adopting the literal
meaning of the words.
Intrinsic Aids
V. Headings and marginal notes

- If the meaning of the statute is clear or if
the text of the statute is clear they will
prevail as against the headings, especially
if the headings have been prepared by
compilers and not by the legislature.
Intrinsic Aids
V. Legislative Definition &

Interpretation
- If the legislature has defined the words
used in the statute and has declared the
construction to be place thereon, such
definition or construction should be
followed by the courts.
Extrinsic Aids
I. Contemporaneous Circumstance
- These are the conditions existing at the
time the law was enacted.
a. History of the times and conditions
existing at the time the law was enacted
b. Previous state of the law
c. Evils sought to be remedied or corrected by
the law
d. Customs and usages of the people
Extrinsic Aids
I. Contemporaneous Circumstance
- It constitutes the reasons why the law
was enacted.
Extrinsic Aids
II. Policy
- The general or the settled policy of the
state may enlighten the interpreter of the
law as to the intention of the legislature
in enacting the same.
- Includes the conditions, the prevailing
sentiment of the people, the executive
order issued by the President preceeding
the enactment will throw light upon the
intention of the legislative intent.
Extrinsic Aids
III.Legislative History of the Statute

- Such history may be found in the reports
of legislative committee, in the transcript
of stenographic notes taken during the
hearing, and legislative debates.
Extrinsic Aids
IV. Contemporaneous and practical

construction
- Those who lived at or near the time when
the law was passed were more acquainted
with the conditions and reasons why the
law was enacted.
Extrinsic Aids
V. Executive construction
- The construction given by the executive
department deserves great weight and
should be respected if said construction
has been formed and observed for a long
period of time.
Extrinsic Aids
Rules to remember:
a. Congress is deemed to have been aware
of the contemporaneous and practical
construction made by the officers
charged with the administration and
enforcement of the law.
Extrinsic Aids
Rules to remember:
b. The courts should respect that
contemporaneous construction except if
it is clearly erroneous.
Extrinsic Aids
Rules to remember:
c. It has more weight if it is rendered by
the Chief Legal Adviser of the
government who can issue opinions to
assist various departments.
Extrinsic Aids
Rules to remember:
c. The opinion of the Chief Legal Adviser
is subservient to the ruling of the
judiciary.
Extrinsic Aids
VI. Legislative Construction

- is entitled to consideration and great
weight but it cannot control as against
the courts prerogative to decide on what
is the right or wrong interpretation.
Extrinsic Aids
VII. Judicial Construction

- It is presumed that the Legislature was
acquainted with and had in mind the
judicial construction of former statutes
on the subject.
Extrinsic Aids
VII. Construction by the Bar and Legal

Commentators
- The opinion and commentaries of text
writers and legal commentators, whether
they are Filipinos or Foreigners, may also
be consulted as, in fact, they are
oftentimes cited or made in court
decisions.
Extrinsic Aids
Note:
Extrinsic aids are entitled to
respect, consideration and weight
but the courts are at liberty to
decide whether they are applicable
or not to the case brought to it for
decision.
CIVIL CODE OF THE
PHILIPPINES
(REPUBLIC ACT NO. 386)
ATTY. JOHN MARK A. CAMALON

Effect and Application of Laws
Article 1.
This Act shall be known as the Civil

Code of the Philippines.
Sources of the Civil Code
a. The Civil Code of Spain
b. The Philippine Constitution of 1935
c. Statutes or Laws (Philippine, American,
European)
d. Rules of Court (local and foreign)
e. Decisions of local tribunals (particularly the
Supreme Court)
Sources of the Civil Code
f. Decisions of foreign tribunals
g. Customs and traditions of our people
h. General principles of law and equity
i. Ideas from the Code Commission itself
Books of the Civil Code
Book I Persons and Family Relations
Book II Property, Ownership, and its Modifications
Book III Different Modes of Acquiring Ownership
Book IV Obligations and Contracts
Book V Special Contracts
WHEN LAWS TAKE EFFECT
Art. 2.
Laws shall take effect after fifteen days
following the completion of their publication
in the Official Gazette, unless it is otherwise
provided.
This Code shall take effect one year
after such publication. (1a)
EFFECTIVITY OF THE CIVIL CODE
The Civil Coe of the Philippines took effect

on August 30, 1950.
This Article provides for the effectivity of
two kinds of law, namely:
(a) An ordinary law
(b) The Civil Code

Effectivity Date of an Ordinary Law
An ordinary law takes effect:

(a) On the date it is expressly provided to
take effect.
(b) If no such date is made, then after 15

days following the completion of its
publication in the Official Gazette or in
a newspaper of general circulation.
The law may provide for a longer or
shorter period of effectivity after
publication.
When a statute does not explicitly provide
for its effectivity, it shall have effect only
after the expiration of the 15-day period
following the completion of its publication.
The publication and the 15-day period

requirements are intended to enable the
people to become familiar with the statute.
The publication must be in full or it is no
publication at all, since its purpose is to
inform the public of the contents of the
laws.
Publication of merely the title or any part

of the law or a summary thereof is not
sufficient.
The clause "unless it is otherwise provided"
refers to the date of effectivity and not to
the requirement of publication itself, which
cannot in any event be omitted.
Publication is a requirement of due

process.
Publication is indispensable in every case,

but the legislature may in its discretion
provide that the usual fifteen-day period be
shortened or extended.
If the law provides that it shall take effect
immediately, it means that it shall take
effect immediately after publication with
the 15-day period being dispensed with.
Administrative Circulars and EO
Note:
- Circulars and Orders that are punitive in
nature or are meant to implement existing
laws based on a valid delegation of power
form Congress must also be published.
- For Administrative Rules and Regulations
to be effective, the concerned agency must
also file with the UP Law Center 3 certifiec
copies of every rule adopted.
Administrative Circulars and EO
1. Interpretative regulations and those

merely internal in nature that regulate
only the personnel of the administrative
agency need not be published.
2. Letters of instruction issued by

administrative superiors t be followed by
subordinates need not be published.
Art. 3
Ignorance of the law excuses no one
from compliance therewith.
Reason
It is founded not only on expediency and
policy but on necessity, to avoid disorder
in society.
That every person knows the law is a
conclusive presumption.
The public is always put on constructive
notice of the laws existence and
effectivity.
RETROACTIVITY OF LAWS
Art. 4
Laws shall have no retroactive effect,
unless the contrary is provided. (3)
Exceptions
1. When the contrary is expressly provided by
law
2. Interpretative Statutes
3. Procedural/remedial laws
4. Curative statutes
5. Penal in character and favorable to the
accused.
ACTS CONTRARY TO LAW
Art. 5
Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity. (4a)
1. Mandatory
2. Prohibitory Laws
1. Mandatory laws
- Is one the omission of which renders the
proceeding or acts to which it relates
generally illegal or void.
- Ex. Prescriptive periods
2. Prohibitory laws
- Those which contains positive prohibitions
and are couched in negative terms
importing that the act required shall not be
done otherwise than designated.
- Ex. No legal separation shall be based upon
stipulation of facts or confession of
judgment.

Introduction To Law and The Family Code: Atty. John Mark A. Camalon

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Introduction To Law and The Family Code: Atty. John Mark A. Camalon

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Introduction to Law and the

ATTY. JOHN MARK A. CAMALON

It is a rule of conduct, just,

It is the expression of the

1. Law is a rule of conduct

1. Law is a rule of conduct

2. Law must be just and

- Law is considered as a positive

3. Law must be promulgated by

4. Law must be of common

The methods of classifying law

Under the Constitution, the judicial

There are 3 legal systems that have exerted

Of the 3 legal systems, Roman Law has

It is the body of rules and

Originally these body of rules

Later it was referred to as the civil

Our Civil Code is basically

Our Civil Code is basically

1. Ignorantia legis non excusat

11. Jus disponendi

Modern laws and concepts of

1. Monarchy (753-509 B.C.)

The roman political history is

1. Monarchy (753-509 B.C.)

Romulus, from whom the name of the

Numa Pompilius was

During the reign of Tullus

Under Ancus Maritus, a

Shortly before 600 B.C.,

Tarquinus Priscus (616 B.C.),

He carried on many wars

Under Servius Tullius, the 2nd

The last of the kings of Rome,

A rebellion of the arstocracy

In this period, constant

At first, the plebeians

The Senate was the most

The plebeians were

To seek redress, the plebeians

They were granted the right

They continued to gain other

In 445 BC the plebeians won

The growing power of the

The lands conquered by the

Instead, it granted many of

They had self-government and

All of Italy was dotted with

All of Italy was dotted with

Intoxicated by their sudden

Most of the conquered lands

The ancient simplicity of

These events led to a bitter

The death of Tiberius marked

The thing that saved the

Scrapping the old republican

The reign of Augustus marked

Roman citizenship was

Augustus was followed by his

After another century, the

The middle class, which once

For 2 years, after 2 centuries of

The long centuries of the