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Classification of Law
I.

Natural Law
- force and authority from God
- binding to the whole world

1.

3. Divine Law
- Divine Positive (Ten Commandments)
- Divine Human Positive (Church Commandments)

Kinds of Human Positive Law

1.

- disobedience is by direct penalties

or considering a contract void

3. whether a right is given, or procedure for

2. Permissive or Suppletory Law

enforcement is laid down

- can be deviated from

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RIGHT is given or PROCEDURE for Enforcement

(Political Law, Criminal Law, Law on Taxation)

- governs relations of the individual

Substantive Law

2. Remedial Law (Procedural or Adjective Law)

(Civil Law, Labor Law, Commercial Law)

- governs relations between individuals

Political Law

1.

- establishes rights and duties

with the State.

2. Private Law

Kinds of Human Positive Law

SCOPE or CONTENT

Public Law

Mandatory and/or Prohibitory Law

- must be complied with

force and eect

2. scope or content of the law

1.

Kinds of Human Positive Law

FORCE and EFFECT

According to:

Kinds of Human Positive Law

Physical Law - Universal Rule (Physics)

2. Moral Law - Right & Wrong by human

conscience

II. Human Positive Law

- promulgated by human authority
- usual imposition of sanctions
towards disobedience

1.

Kinds of Natural Law

- prescribes the manner of enforcing

legal rights and claims

Criminal Law

- branch of public law

- branch of public law

- organization and operation of Govt Organs

- defines oenses

- defines relations of the State with its

- specifies corresponding penalties

inhabitants
Criminal Law I & II

Consti. Laws I & II, Admin Law, Public Ocer Law, Elec. Laws, PIL)

Taxation
- branch of public law
- imposition and collection of taxes

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Civil Law
- branch of law which every peculiar
nation has established for itself.

- concerned with civil or private rights or

remedies
Taxation I & II

Persons & Family , Property, ObliCon, Sucession, Sales, Credit

Transactions, Agency, Trust, Partnership, Torts & Damages, Transpo

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Labor Law
- deals/w employer-employee relationships

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Commercial Law

- applies to the rights, relations relations and

conduct of persons and businesses

- working conditions, wages, fringe benefits,

engaged in commerce, merchandising,

grievances, and associations of employees

and trade
Labor Law I & II

Remedial Law

Corporation Law, Negotiable Instruments Law

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Sources of Law

- refers to means and methods of setting the

1. By Authority

courts in motion making facts know to

- primary or secondary

them and eectuating their judgements.

2. By Source
Civil Procedure, Criminal Procedure,
Evidence, Special Proceedings

Primary Authority

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Mandatory; direct legislation & judicial decisions

Books: ocial authentic repositories of legislation

1.

and court decisions

Administrative rules and regulations

Binding upon courts

Secondary Authority

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Primary Authority II
Mandatory Authority

- created by jurisdiction which law operates

2. Persuasive Mandatory Authority

- created by other jurisdictions which have

persuasive value to our courts

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Secondary Authority II

persuasive (at best), not really authority

does not have to be followed.

opinion of the Sec. of Justice, binding upon the

free to be accepted or rejected by the court

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frequently addresses issued raised by primary law

Exec. dept. but persuasive upon courts

may be accepted in lack of primary law

Opinions of SEC, BSP

Books: prim. authority is commented on,
criticized or explained.

(Books of search, textbooks, and etc.)

Secondary Authority

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does not have to be followed.

free to be accepted or rejected by the court
frequently addresses issued raised by primary law
may be accepted in lack of primary law

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