INTRO TO LAW NOTES

JULY 20, 2015

STATUTE LAW
Broader meaning since it includes
not only statutes proper but also
the judicial interpretation and
application of the enactment.
Classes of Statute Law
1. General Law
2. Special Law
3.
4.
5.
6.
7.
Constitution vs. Statute
CONSTITUTION
Kinds of Constitution
According to Form:
o Written
o Unwritten
According to Method of
Amendment
o Rigid
o Flexible
According to History
o Conventional
o Cumulative
According to the Extent which
they are observed
o Normative
o Nominal
o Semantic
TREATIES
- Under Philippine Laws, Treaties are
international agreements entered into
by the Philippines which require
legislative concurrence after executive
ratification. This term may include

compacts like conventions,

declarations, covenants and acts.
Under International Law, Treaty means
an international agreement concluded
between States in written form and
governed by international law,
whether embodied in a single
instrument or in two or more related
instruments and whatever its
particular designation.
Treaty making power is lodged to the
executive.

Requirements of the Parties

Entering a Treaty
1. That the parties intended to create
rights and obligations.
2.
STATUTES PROPER
Written will of the legislative
solemnly expressed according to the
form necessary to constitute it as a law
of the state.
Classes of Statute
According to the Extent of their
Effects:
o General
Affects all persons of a
state or persons or
things of a particular
class.
Affects people at large.
Ex: Civil Code
o Special
Affects particular
persons, class or
things.
Operates on a specific
class or specific
individuals.
Ex: Franchise Tax
o Local

Affecting a particular or
specific area or region
or any subdivision of
the state.
Applies to a particular
locality or place.
Ex: Ordinance

As to Persons Affected:
o Public
Affects the persons or
things within a
jurisdiction, concerns
the public and not
merely private
interests.
o Private
Affects particular
individuals, specifically
enumerates the
persons, classes of
persons or things that
will be affected in a
particular manner.
According to Effectivity
o Prospective
One which anticipates
the regulation of future
conduct or acts done
and transactions
occurring after it takes
effect.
o Retrospective
One which effects acts
already committed and
operates on acts that
will be committed.
According to Force/Effect
o Mandatory
Renders the
proceedings to which it
relates null and void for
non-compliance.
Must; Shall
o Directory
Does not invalidate the
proceedings to which it
relates for noncompliance.
May

According to Terms Used

o Affirmative
Directs the doing of an
act.
Shall
o Negative
Prohibits a thing from
being done.
Shall Not

According to the Term or

Duration
o Permanent
Operation or effectivity
is not limited but
continues in operation
unless repealed or
amended.
Ex: Civil Code
o Temporary
Operation or effectivity
is limited to a period or
term and continues
until such period or
term expires, unless
later repealed or
amended.
Ex: Moratorium Law

According to Nature
o Original
Independent of existing
statutory provision.
o Amendatory
Expressly adds to or
supplement an original
law.
o Repealing
Revokes either
expressly or impliedly
another statute.

Other
o Remedial

Grants a remedy or
improves or facilitates
existing remedies.
o Curative
Cures defects in a prior
law or validates legal or
administrative
proceedings.
o Penal
Imposes a penalty or
punishment for
violation.

Other
o Adopted
Wholly or partly
adopted from another
state.
o Re-enacted

Pre-existing statute
passed by the same
legislation which
originally enacted it for
the same purpose.

Other
o Permissive
Allows certain acts or
omissions, especially
those injurious to the
rights of others.
o Prohibitive
Forbids the doing or not
doing of certain things.
o Preceptive
Commands the doing
of certain things and at
the same time provides
for