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INTRODUCTION TO
PHILIPPINE LAW
 Course Objectives
I. To appreciate the concept and role of law
in society
II. To identify the characteristics of law
III. To distinguish classifications of law
IV. To enumerate sources of laws
V. To be familiar with important legal terms
 I. The Concept and Role of Law in
Society
What is Law?
A rule of conduct, just and obligatory, formulated
by legitimate power or competent authority, and
of common observance and benefit.

The mass of obligatory rules established for the

purpose of governing the relations of persons in
society.
CJ Ma. Lourdes Sereno, Dissenting Opinion
League of Cities vs. COMELEC, G.R. No. 176951; 28 June 2011.

Our system of democracy is committed irrevocably to a government

of laws, and not of men. Laws give witness to society’s moral values and
are the depositories of what the sovereign as a whole has agreed to
uphold as the minimum standards of conduct that will govern
relationships and transactions within that society. In a representative
democracy, the Filipino people, through their elected representatives,
deliberate, distill and make moral judgments, which are crystallized into
written laws that are made public, accessible and binding to all xxx
enabling them to govern their affairs and definitively settle their
differences in an orderly, predictable manner. xxx
(S)tatutory laws perform an equalizing function of imposing a
knowable standard of conduct or behavior to which all members of
society must conform to – a social contract which everyone regardless of
class, sex or religion is bound.
 II. Characteristics of Law
A. Obligatory
– A command, not a suggestion/ advice
– Command maybe mandatory, prohibitory or permissive
– Definite, although authority to provide details of
implementation may be granted to an agency
– A violation of the law results in some form of penalty or
legal consequence or sanction
– Dura lex sed lex. (The law may be harsh, but that is the
law.)
B. Enacted by the legislative authority

Historical background:
• 1898 - unicameral Malolos Congress -- Promulgated the
Malolos Constitution
• 1907 to 1935 - Period of American Colonization (4,275 Acts)
Act No. 1508, The Chattel Mortgage Law
Act No. 3815, The Revised Penal Code
• 1935- Commonwealth Constitution (733 C.A.)
C.A. No. 141, Public Land Act
C.A. No. 613 , Philippine Immigration Act
• 1946 - Philippine Constitution -- 1st to 7th Congress (6,635 R.A.)
R.A. 386, Civil Code of the Philippines
R.A. 337, The General Banking Act

• 1972 - Proclamation 1081/ Martial Law (2,036 P.D., 1,525 LOI, 504 AO)
P.D. 27, Land Reform
P.D. 1529, Property Registration Decree

• 1976 - Interim Batasang Pambansa/ Regular Batasang Pambansa (891 BP)

B.P. Blg. 22, Bouncing Checks Law
B.P. Blg. 68, Corporation Code of the Philippines
B.P. Blg 129, Judiciary Reorganization Act of 1980

• 1986 - EDSA 1 Provisional Constitution (302 E.O.)

E.O. No. 292, Administrative Code of 1987
E.O. No. 287, Family Code of the Philippines
Present Congress:
Under Article VI of the 1987 Constitution, legislative power
shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives.
– Must pass 3 readings; voting is done on the 3rd reading
– Must be signed by the President, subject to veto
– Must be published in the Official Gazette or newspaper of general
circulation
R.A. 8353 (1997), Anti-Rape Law
R.A. 8424 (1997), Tax Reform Act
R.A. 9262, (2004), Violence Against Women and Their Children Act
R.A.10354 (2012), Responsible Parenthood and Reproductive Health Act

1946 - 1st Congress of the Philippines

2022 – 19th Congress of the Philippines
C. Prospective in application
§ Laws shall have no retroactive effect, unless
the contrary is provided.
§ Nullum crimen nulla poena sine lege. There is
no crime when there is no law punishing it.

D. Of general observance
§ For the benefit of, and obligatory upon, all or
all members of a particular class with valid
classification.
§ Ignorantia legis non excusat. Ignorance of the
law excuses no one.
E. Effective until amended or revoked.
§ Laws are repealed only by subsequent
ones, and their violation or non-
observance shall not be excused by disuse,
or custom or practice to the contrary.
 III. Classification of Laws
A. Public or Private Law
1. Public Law- one which affects the public at large or the
whole community; defines and governs the relationship of
the state and the individual.
Example: Revised Penal Code; 1987 Constitution; Local
Government Code
2. Private Law - one which applies only to a specific
person/s or subject/s; defines and governs the relationship
between and among individuals.
Example: Civil Code; Family Code
B. Substantive or Procedural
1. Substantive law - one which creates, defines or
regulates rights concerning life, liberty or
property; or one which gives rise to a cause of
action.
Example: Civil Code

2. Procedural law – provides for the method and

steps to be followed by which substantive rights
are enforced in courts of justice or agencies of
government.
Example: Rules of Court
C. Civil or Criminal
1. Civil law – regulates the relationship between
individuals; involves private interests; civil
procedures apply
Examples: family law (support); contracts (lease);
property (sales)

2. Criminal law – defines crimes and provides for

their punishment; offense against society ;
criminal procedures apply
Examples: crimes against public interest (forgeries);
crimes against property (robbery); crimes against persons
(rape)
 IV. Sources of Laws
1. Constitution
– Fundamental law
– Established by the people in their original
sovereign capacity to promote their happiness,
and permanently secure their rights, property,
independence and common welfare
– Defines, distributes, and limits powers of the
State for the use and benefit of the people
2. Congressional Legislation or Statute
– Enacted by Congress
– Cannot contravene the Constitution
– May be declared invalid, wholly or partially, for being
unconstitutional
– Constitutional principles mostly invoked in petitions
questioning the constitutionality of congressional
legislation:
• freedom of speech
• equal protection of the laws
• right to life
• independence of 3 branches of government
3. Treaties and other International Agreements
- contract between 2 or more states
4. Administrative Regulations
– Rules and regulations promulgated by government agencies
by authority of the law, for the purpose of implementing
the law
– Have the force and effect of law
– Cannot contravene the law
5. Municipal Ordinances
– Passed by the Sanggunian Panlalawigan,
Panlunsod, Bayan pursuant to the Local
Government Code
– Cannot contravene congressional legislation
6. Judicial Decisions
– Judicial decisions applying or interpreting the laws
or the Constitution shall form a part of the legal
system of the Philippines
– Supreme Court is the court of last resort
– Supreme Court is always right
 V. Legal Principles
1. Laws relating to family rights and duties, or to the
status, condition and legal capacity of person are
binding upon citizens of the Philippines, even
though living abroad.
Examples: civil status; hereditary rights

2. Penal laws and those of public security and safety

shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of
international law and treaty stipulations.
Examples: traffic rules & regulations
3. Any person who willfully causes loss or injury
to another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.

4. Rights may be waived, unless the waiver is

contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a
third person with a right recognized by law.
5. No person shall be imprisoned for debt or
non-payment of a poll tax.

6. No person shall be held to answer for a

criminal offense without due process of law.
 VI. Legal Terms
1. Cause of Action – the right to bring suit: (i) legal
right of the plaintiff; (ii) correlative obligation of
defendant; (iii) act or omission of the defendant in
violation of said legal right; and, (iv) remedy under
the law.

2. MeTC/MTC/ MTCC/ MCTC- Metropolitan Trial

Court/ Municipal Trial Court/ Municipal Trial Court
in Cities/ Municipal Circuit Trial Court – First Level
Courts
3. RTC - Regional Trial Court

4. CA - Court of Appeals

5. SC - Supreme Court

6. Courts with Special Jurisdiction:

§ Sandiganbayan
§ Court of Tax Appeals
7. Jurisdiction - power conferred by law to act on a case; may
refer to territory over which the authority extends; may be
based on subject matter; amount involved; crime/penalty
involved.

8. Original Jurisdiction – Refers to the first time a case is filed in

court or administrative agency.

9. Original and exclusive - “Exclusive” means that the case

cannot be filed in any other court or administrative agency.

10. Original and concurrent – Party has a choice where to file a

case.
Examples :

§ NLRC has original and exclusive jurisdiction over labor disputes;

§ MTC has original and exclusive jurisdiction over ejectment cases and BP
Blg. 22 (Bouncing Check Law) cases;

§ RTC has original and exclusive jurisdiction over all cases for sums of
money exceeding Php 2 Million; all civil actions which involve the
title to, or possession of, real property where the assessed
value exceeds Php 400,000.00; for annulment of marriage.

§ RTC, CA and SC have original and concurrent jurisdiction over petitions

for certiorari, prohibition, mandamus, quo warranto and habeas corpus
petitions; enforceable within their territorial jurisdiction.
11. Appellate Jurisdiction – jurisdiction to view, reverse, affirm or modify
decisions of lower courts or administrative bodies.
Examples:
• RTC has appellate jurisdiction over all cases decided by the MTC.
• CA has exclusive appellate jurisdiction over cases decided by the
RTC.

12. Venue – territory or place where case is filed.

§ civil cases - where the plaintiff or defendant resides, at the option
of the plaintiff; may be subject to agreement; may be waived.
§ criminal – where any of the elements of a crime was committed;
cannot be waived.

13. Jurisprudence - case law; the body of decisions rendered by the

Supreme Court; considered part of the law of the land.
14. Pleading – written allegations of a party of his claims
and defenses.

15. Complaint in civil procedure – initiatory pleading;

states the cause of action; determines jurisdiction.

16. Complaint in criminal procedure – complaint filed by

offended party before a prosecutor or fiscal; may be a
complaint-affidavit; may take the form of a statement
given to the police.

17. Information – an accusation in writing charging a

person with an offense, filed by prosecutor in court.
18. Petition for Certiorari, Prohibition and
Mandamus – questions the jurisdiction of the
court or office, not simply the correctness of an
action of decision.

19. Motion – an application for an order not included

in a judgment.

20. Testimonial and Documentary Evidence – that

which directly or indirectly proves a question of
fact, either by oral or written evidence.
21. Judicial / Extrajudicial / Quasi-Judicial
§ Judicial - before a court
§ Extrajudicial - outside of court
§ Quasi- Judicial - before an administrative agency
exercising jurisdiction to resolve cases

22. void ab initio / annullable

§ void - no legal effect whatsoever; void from the
beginning
§ annullable - acts that can be voided or ratified at
the option of the prejudiced party
23. Prescription – period passage of time that brings
about the creation or extinguishment of rights.

24. SCRA/ Phil – Supreme Court Reports Annotated or

Philippine Reports

Thank you!!!