OBLICON LECTURE - INTRO TO LAW

Attorneys Bendrick and April Bowie introduce Module 1: Introduction to Law. This module covers the meaning of law, its general divisions, subjects and concepts, characteristics and sources, classifications, and an introduction to obligations and contracts. The intended learning outcomes include discussing the definition of law, identifying its primary and secondary sources, and emphasizing its necessity and functions.

The term 'law' generally means any rule of action or system of uniformity. It is divided into two general senses: law in its specific sense (strict legal sense or state law) and law in its non-legal sense. The strict legal sense refers to law promulgated and enforced by the state. The non-legal sense includes divine law, natural law, moral law, and physical law.

Divine law is the law of religion and faith, based on direct revelation (e.g., Ten Commandments, Quran). Natural law is divine inspiration in humans, reflecting justice, fairness, and righteousness, and serves as a reasonable basis for state law. Moral law is the collective sense of right and wrong within a community, subject to change over time and across cultures. Physical law refers to uniformities of actions or orders of sequence in nature, like the law of gravity, which applies to all things indiscriminately.

State law, also known as positive law, municipal law, imperative law, or civil law, is promulgated and enforced by the state. The three main branches of government responsible for this are the legislative (Article 6 of the Constitution, consisting of the Senate and House of Representatives), the executive (Article 7, led by the President), and the judiciary (Article 8, comprising the Supreme Court and lower courts).

A bill must be approved by both the Senate and the House of Representatives before it is sent to the President. The President has options: sign the bill into law, veto it (returning it with objections to the house of origin), or allow it to lapse into law after 30 days without action. A vetoed bill can still become law if overridden by a two-thirds vote of all members of both houses.

State law, divine law, natural law, and moral law apply to men as rational beings. Physical law operates on all things, including men, without regard for their will. Law in its general sense refers to all laws taken together, establishing obligatory rules for human relations in society. In its specific sense, law is defined as a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

The four characteristics of law are: it is a Rule of Conduct, OBLIGATORY (imposes a duty to obey with sanctions for non-compliance), Promulgated by legitimate authority (i.e., the legislative department of the government or local government units), and of Common observance and benefit (regulates relations to maintain societal harmony and order).

Primary sources of law in the Philippines include: the Constitution (the supreme law of the land), legislation (declaration of rules by competent authority), administrative or executive orders (rules issued by executive officials to implement laws), and judicial decisions/jurisprudence (decisions of the Supreme Court, which form part of the legal system). Customs are also a primary source, referring to habits and practices acknowledged by society as binding rules, applied by courts in the absence of applicable statutes and proven as fact.

Secondary sources are supplementary and resorted to when primary sources are absent. They are not binding but have persuasive effects (e.g., justice and equity, foreign decisions, opinions of legal scholars). Laws are classified according to purpose (substantive law which defines rights and duties, and adjective law which prescribes procedures to enforce them) and subject matter (public law which governs state-people relations, and private law which governs individual relations).

The law of obligations and contracts deals with the nature and sources of obligations, and rights and duties arising from agreements. It is a private, substantive law. This body of law is found in Book 4 of the Civil Code of the Philippines (Republic Act No. 386), specifically articles 1156 to 1304 (general provisions on obligations), articles 1305 to 1422 (contracts), and articles 1423 to 1430 (natural obligations).

Article 3 of the Civil Code states that ignorance of the law excuses no one from compliance. This means everyone is conclusively presumed to know the law, and good faith or lack of knowledge cannot be invoked as a valid defense. The lecture concludes by inviting questions and encouraging viewers to subscribe for more educational content on law and obligations and contracts.