GE 112- INTRODUCTION TO THE LAWS ON PUBLIC AND PRIVATE LANDS

MODULE 1: GENERAL OVERVIEW OF LAW

Topic Outline:
• Hierarchy and Dimensions of Law
• Divine, Natural, and Man-Made Laws
• Laws of Nature
• Principles of Law
• Functions, Sources, Classification, and Characteristics of Law in the Philippines

I. Definition
Law has various definitions, as it can be understood in different contexts and perspectives. While these
definitions may vary in scope and focus, they all aim to capture the essence of law as a system that
governs behavior, relations, and order within a society. Below are several interpretations of law that
reflect its diverse roles in society:
From (Britannica) law is described as a discipline and profession concerned with a community’s
customs, practices, and rules of conduct that are recognized as binding by the community. A controlling
authority carries out enforcement of these rules. This definition emphasizes the connection between
law and social norms, acknowledging that law exists to maintain order and is upheld by an authority.

Cambridge Dictionary presents law as a rule, typically made by a government, to regulate how a society
behaves. It is a clear and practical explanation, highlighting the formal aspect of law as a set of
regulations imposed by a governing body. While straightforward, it focuses mainly on government-
created laws, which may not cover informal or customary legal systems.

In a more philosophical aspect, is defined as any rule of action or system of uniformity. While this
definition presents a broader view of law as any system that promotes uniformity, it might be too
general to capture the specific legal functions of governance, enforcement, and consequences central
to most legal systems.

II. Division of Law:

The law is often categorized into various divisions based on its origin, enforcement, and purpose. These
divisions reflect the diverse sources from which laws can emerge and how they impact society. Below, we
explore five important divisions of law: Divine Law, Natural Law, Moral Law, Physical Law, and State
Law. Each of these plays a distinct role in shaping the values, behavior, and structure of human society.

• Law (in the strict legal sense) is promulgated and enforced by the state (state law)
• Law (in a non-legal sense) is not promulgated and enforced by the state. (Divine, natural, moral,
and physical laws)

State, divine, natural, and moral laws are guidelines for behavior that apply specifically to humans as
rational beings. In contrast, physical law governs all things, including humans, regardless of how
they use their power or intellect.
a) Divine Law
Divine law refers to laws believed to come directly from a divine or higher power (such as God), and
they primarily deal with concepts of sin and salvation rather than earthly crime and punishment.

Sin vs. Crime: Divine law focuses on moral and spiritual violations, with sin being an offense against
God’s will, while crime is typically defined as a violation of state laws. Divine law addresses the eternal
consequences of actions, such as the soul's salvation, whereas crime has immediate societal
consequences like punishment or imprisonment.

Promulgation through Revelation: Divine law is communicated directly by God to humans, often
through sacred texts (like the Bible, Quran, or Torah) or prophets. These revelations guide believers on
how to live righteous lives according to religious principles.

Sanctions: The consequences of violating divine law are spiritual and often carry the promise of either
eternal reward (salvation, heaven) or punishment (damnation, hell). These consequences may take place
in the afterlife, making divine law different from secular legal systems, which focus on temporal
punishments.

Example:

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GE 112- INTRODUCTION TO THE LAWS ON PUBLIC AND PRIVATE LANDS

• Christianity: The Ten Commandments are examples of divine law that govern moral
behavior, such as prohibitions against stealing or bearing false witness.

b) Natural Law
Natural law is the belief that certain moral principles are inherent in human nature and can be discovered
through reason rather than being revealed by a divine or governmental authority. It emphasizes fairness,
justice, and the natural sense of right and wrong that all humans are believed to possess.
Natural law is not something revealed through divine intervention but is thought to be "written" in
human nature. Humans can reason about what is right and wrong. For example, even without formal
laws, most people can recognize the wrongness of murder or theft through their natural sense of justice.
It is believed to be universal and binding on all humans, regardless of time or place. It is a constant that
transcends cultural and religious boundaries, meaning that people in all societies are expected to abide
by these universal moral truths. Although both divine law and natural law deal with concepts of
morality, they differ in origin. Divine law comes from a higher power or God, often through scripture
or prophets, while natural law is seen as an inherent part of human nature, accessible to reason without
the need for revelation.
Example: Right to Life, Natural law supports the idea that all humans have an inherent right to life,
and thus, murder is wrong, regardless of legal systems or cultural differences.
c) Moral Law
Moral law refers to the rules of right and wrong that are shaped by the collective values of a society or
community. It is based on shared moral standards that are passed down through generations and reflect
what is considered "good" or "bad" behavior within that community. The moral law is not absolute. It
varies with the changing times, conditions, or convictions of people. It is a product of societal
consensus. What one community views as moral, another might not. These norms are built on cultural,
social, and ethical values that evolve over time. Unlike divine or natural law, which is seen as universal
or eternal, the moral law can change depending on the society and historical period. Practices that were
once considered morally acceptable, such as slavery or discrimination, are now widely regarded as
immoral in many parts of the world.
Examples: Human Rights, Animal Rights
d) Physical Law
This refers to laws that govern the physical universe. These laws describe the regularities and order that
we observe in nature and apply to all matter and energy, regardless of human actions. In the operation
or course of nature, there are uniformities of actions and orders of sequence, which are the physical
phenomena that we sense and feel. They are known as the laws of physical science or physical science.
Examples: Law of Gravity; Newtons Law of Motion.
e) State Law
State law refers to the body of laws enacted by governments to regulate society. These laws
are created through formal legislative processes and are enforced by state institutions, such as
the police and courts. These laws are created through legislative bodies (such as congress or
parliament) and enforced by state institutions. These laws regulate everything from crime and
civil rights to commerce and education.
Examples: Criminal laws; Civil Laws (property law, divorce law etc.)
III. Functions of law
1. To maintain social, political, and economic stability while simultaneously permitting change.
2. To protect the private ownership of property and assist in making voluntary agreements (called
contracts) regarding exchanges of property and services.
3. Preservation of the state.
IV. Characteristics of Law
1. It is a law of conduct – law tells us what shall not be done and what shall be done.
2. It is obligatory – it is considered a positive command imposing a duty to obey and involving a
sanction that forces obedience.
3. It is promulgated by legitimate authority.
4. It is of common observance and benefit – man intends law to serve man. It regulates the relations
of men to maintain harmony in society. Therefore, be observed by all for the benefit of all.
V. Sources of Law
1. Constitution – it is often referred to as the fundamental or supreme law or highest law of the land
because it is promulgated by the people themselves, binding on all individual citizens and all
government agencies. It is a body of rules and principles by which the powers of sovereignty are
regularly exercised.

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GE 112- INTRODUCTION TO THE LAWS ON PUBLIC AND PRIVATE LANDS

2. Legislation – it consists of a competent authority's declaration of legal rules. It is a preponderant

source of law in the Philippines. Acts passed by the legislature are so-called enacted law or statute
law. Legislation includes ordinances enacted by local government.
3. Administrative or executive orders, regulations, and rulings are those issued by administrative
officials under legislative authority. These are intended to clarify or explain the law and carry into
effect its general provisions. It is valid only when they are not contrary to the laws or Constitution.

4. Judicial decisions or jurisprudence – the decisions of the courts, particularly the Supreme Court,
applying or interpreting the laws or the Constitution, form part of the legal system of the
Philippines.

5. Customs – it consists of those habits and practices which, through long and uninterrupted usage,
have become acknowledged and approved by society as binding rules of conduct.

VI. Classification of Law

The methods for classifying law are many. For our purposes, it would be best to consider the
main classifications of law, first, as to its purpose and second, as to its nature.
(1) As to its purpose:
• (a) Substantive law or that portion of the body of law creating, defining, and regulating rights and
duties that may be either public or private. An example of substantive private law is the law on
obligations and contracts; and
• (b) Adjective law or that portion of the body of law prescribing the manner or procedure by which
rights may be enforced or their violations redressed. Sometimes this is called remedial law or
procedural law. The provision of law which says that actions for the recovery of real property shall
be filed with the Regional Trial Court of the region where the property or any part thereof lies, is
an example of private adjective law.
Rights and duties are useless unless they can be enforced. It is not enough, therefore, that the state regulates
the rights and duties of all who are subject to the law; it must also provide legal remedies by which
substantive law may be administered. Hence, the need for adjective law. The adjective law in the Philippines
is governed by the Rules of Court promulgated by the Supreme Court and by special laws.
(2) As to its subject matter:
• (a) Public law or the body of legal rules which regulates the rights and duties arising from the
relationship of the state to the people. An example of public law is criminal law, the law which
defines crimes and provides for their punishment. In legal theory, when a person commits a crime,
he violates not only the right of the individual victim but primarily that of the state because the
crime disturbs the peace and order of the state.
Also included are: international law or that law which governs the relations among nations or states;
constitutional law or that which governs the relations between the state and its citizens; it establishes the
fundamental powers of the government; administrative law or that which governs the methods by which
the functions of administrative authorities are to be performed; and criminal procedure or that branch of
private law which governs the methods of trial and punishment in criminal cases; and
• (b) Private law or the body of rules which regulates the relations of individuals with one another
for purely private ends. The law on obligations and contracts comes under this heading because it
deals with the rights and obligations of the contracting parties only. The state, however, is also
involved in private law; it enforces private law but simply as an arbiter and not as a party.
Included in private law are civil law, commercial or mercantile law, and civil procedure. Civil procedure is
that branch of private law that provides for the means by which private rights may be enforced.

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GE 112- INTRODUCTION TO THE LAWS ON PUBLIC AND PRIVATE LANDS

VII. Principles of Law

In the Philippine legal system, the principles of law refer to the foundational norms and rules that guide the
enactment, interpretation, and enforcement of laws. Some of the key principles include:

• Rule of Law: This principle ensures that laws are applied equally to all citizens and that no one is
above the law. It requires legal decisions based on established laws, not arbitrary actions.
• Due Process: This principle guarantees that no person shall be deprived of life, liberty, or property
without due process of law. It emphasizes fairness in legal procedures.
• Equality Before the Law: All individuals, regardless of social status, ethnicity, or economic
standing, are subject to the same laws and protection under the legal system.
• Separation of Powers: The government is divided into the Executive, Legislative, and Judicial
branches. Each branch has distinct powers and responsibilities to avoid concentration of power and
ensure checks and balances.
• Public Policy: Laws should reflect and promote the common good, protecting citizens' rights and
ensuring societal well-being.

VIII. Sources of Philippine Law

The legal framework of the Philippines is composed of various sources that provide authority for lawmaking
and interpretation. These sources include:

A. Constitution

The Constitution of the Philippines serves as the supreme law of the land. It defines the structure of
government, the rights of citizens, and the principles that guide the country's legal system. The
Constitution is considered the highest source of law, and all other laws must comply with its provisions.

• 1987 Constitution: The current Constitution, ratified in 1987, outlines the principles of
governance, human rights, and the powers of the three branches of government. It includes
provisions on national sovereignty, territorial integrity, and the role of citizens in governance.

B. Statutes

Statutes are laws passed by the legislative branch of the government, specifically the Congress of the
Philippines. These laws are written and codified to address various issues, such as criminality, business
regulations, civil matters, and others. Examples include:

• Civil Code of the Philippines

• Revised Penal Code
• Labor Code of the Philippines

C. Administrative Issuances

Administrative issuances refer to rules, regulations, and guidelines promulgated by government agencies
and executive bodies under the authority granted to them by statutes. These issuances provide more
specific details on how laws will be implemented. Examples include:

• Executive Orders
• Memorandum Circulars
• Department Administrative Orders

D. Local Ordinances

Local ordinances are laws passed by local government units (LGUs) such as cities, municipalities, and
provinces. These ordinances are aimed at addressing the specific needs and issues within local
communities. For example:

• Zoning ordinances
• Environmental protection laws specific to the locality

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GE 112- INTRODUCTION TO THE LAWS ON PUBLIC AND PRIVATE LANDS

E. Jurisprudence (Case Law)

Jurisprudence refers to the body of court decisions or judicial precedents that interpret and apply the law.
These decisions are binding on lower courts and provide guidance on how laws are to be understood
and enforced. Jurisprudence plays a critical role in clarifying and shaping the application of laws.

• Supreme Court decisions are the highest form of jurisprudence and have the force of law.

IX. Substantive and Remedial Laws. Laws in the Philippines are categorized into substantive and
remedial laws:

A. Substantive Laws

Substantive laws define rights, duties, and obligations. These laws determine the legal relationship between
individuals and between individuals and the state. They include:

• Criminal Law: Laws that define crimes and prescribe punishment (e.g., Revised Penal Code).
• Civil Law: Laws that govern private rights and obligations, such as contracts, property, and family
law (e.g., Civil Code).
• Labor Law: Laws regulating employment relationships, worker's rights, and conditions of work
(e.g., Labor Code).

B. Remedial Laws

Remedial laws provide the procedure for enforcing rights and obligations. These laws govern the steps and
processes for pursuing legal claims and ensuring justice. They include:

• Rules of Court: The procedural rules that guide how civil, criminal, and administrative cases are
handled in court.
• Election Laws: The laws governing the electoral process and the conduct of elections in the
country.

4. Categories of Philippine Laws

A. Political/Administrative Laws

These laws govern the structure, organization, and operation of government entities, as well as the
relationship between the state and its citizens. They include:

• Constitutional Law: Governs the establishment and powers of government institutions and
protects individual rights.
• Administrative Law: Regulates the functioning of government agencies, rules, and regulations.

B. Civil Laws

Civil laws focus on the legal relationships between private individuals and entities. They cover a wide range
of topics including:

• Family Law: Marriage, divorce, child custody, and inheritance.

• Property Law: Rights and responsibilities related to ownership and possession of property.
• Contract Law: Rules governing the formation, performance, and enforcement of contracts.

C. Criminal Laws

Criminal laws address acts that harm society and prescribe punishment. They are primarily concerned
with:

• Defining crimes (e.g., theft, homicide, drug offenses).

• Prescribing penalties (e.g., imprisonment, fines, or death in some cases).
• Criminal procedures for the arrest, prosecution, and trial of offenders.

Prepared & Compiled: Marichu Itang January Semester_2025 EVSU_DGE

GE 112- INTRODUCTION TO THE LAWS ON PUBLIC AND PRIVATE LANDS

D. Remedial Laws

Remedial laws are primarily concerned with the enforcement of rights and the administration of justice.
They include:

• Civil Procedure: The rules for civil suits, from filing a case to final judgment.
• Criminal Procedure: The process for prosecuting criminal offenses.
• Special Proceedings: Proceedings for probate, adoption, and guardianship.

To fully understand the Philippine legal system, one must become acquainted with its primary
sources of law and their classification into different legal fields. The Constitution stands as the core,
while statutes, administrative orders, local laws, and judicial decisions contribute to its framework.
Laws are categorized into substantive and remedial types, with substantive laws defining rights and
remedial laws outlining the processes to enforce them. A solid understanding of political, civil,
criminal, and remedial laws is essential for citizens and legal professionals to navigate the legal system
effectively. This is particularly important in land surveys, as legal clarity is crucial when dealing with
property rights, land ownership, and boundaries. Professionals in land surveying must be well-versed
in these laws to ensure accurate and lawful handling of land-related matters

Peer-Share Activity:

1. Find a partner (seatmate) and begin a discussion.

2. Talk about some laws you follow as a law-abiding citizen in the Philippines. Consider
both daily and occasional laws you adhere to.
3. For each law you discuss, identify the following:
a. Which division of law does the law belong to?
b. Under what classification does the law fall?
c. Who promulgated the law?
d. Contemplate the possible sanctions you might face if you violate this law.
4. You will have 10 minutes to discuss with your partner.
5. I will randomly select 5 pairs to share their answers with the class.

Note: Focus on being clear and concise in your discussion, and feel free to share examples from
your daily life.

Prepared & Compiled: Marichu Itang January Semester_2025 EVSU_DGE