INTRODUCTION

(Persons and Family Relations)

Atty. Josefina I. Paredes

I. Law is considered as
Instructions from
the maker

For a MACHINE to function;

how would you make it work?

FOLLOW THE
INSTRUCTION OF
THE M A K E R

For a Human Being (MAN);

how could he/ she be

made to function well?

FOLLOW THE
INSTRUCTION OF
THE M A K E R

Unless this is done,

the complex machine, we call

MAN, with his mortal body and

eternal soul will become
a futile, senseless object,
utterly incapable of fulfilling
His destiny.

B. FACULTIES and OBJECTS

of the HUMAN MIND
- INTELLECT the proper object of which is
the TRUTH
- W I L L the proper object of which is
the GOOD
*The intellect cannot rest comprehends
infinite truth
*The will cannot be satisfied grasped
infinite good

Since the combination of the

TRUTH and the GOOD is what
we call the Beautiful;
It follows that the combination of
infinite TRUTH and
infinite GOOD is

INFINITE BEAUTY or GOD!!

MAN, who is created by GOD,

is ultimately destined for GOD.
Thus, MAN, whose purpose is to
KNOW GOD, to LOVE HIM And to
SERVE HIM in this World;
.Can attain his final Destiny
Only by following the LAW!!

II. Law defined in its most

generic sense:

- - Ordinance of
reason, promulgated
for the common good
by the proper authority
(by Him who is in charge.)

A.

Classification of LAW according to manner

of promulgation:

1. Natural Law (promulgated impliedly

in our conscience and body.
*Natural Moral Law applies to our higher
faculties
Ex. Do good; avoid evil
*Law of Nature both higher and lower
faculties
Ex. Law of gravity

2. Positive Law (promulgated expressly or

directly)
*Divine Positive Law
Ex. Ten Commandments
*Divine Human Positive Law
Ex. Law of the Church
*Human Positive Law (HPL)
Ex. Congressional
statutes; Executive Orders

HUMAN POSITIVE LAW

General definition:

Reasonable rule of action, expressly

or directly promulgated by competent
human authority for the common
good, and usually, but; not
necessarily, imposing a sanction in
case of disobedience.

Essential Elements of Human Positive

Law
a). Reasonable Rule of Action
b). Due promulgation for otherwise
obedience can hardly be
expected
c). Promulgation by competent
authority
d). Generally, a sanction imposed for
disobedience

2. HPL distinguished from Morality

- HPL covers only external conduct;
Morality covers both external acts
and internal thoughts
-HPL enforced by the State;
Morality not so; unless in so far as
moral legislation has been enacted.

3. Bases for Human Positive Law:

Basic Premises:

Divine Pronouncements
Natural Moral Nature of MAN
Legislative Enactments
Jurisprudence/Judicial
Decision Convention/Treaties
Customs/Tradition

Concept of Law as Derecho and Ley

-Considered as a cause, derecho is the
abstract science of law;
-Considered as an effect, it is the given;
- A student of LAW studies specific laws (Leyes)

5. Classification of HPL
a) According to whether a right is
given or merely the procedure for enforcement:
a.1 Substantive Law establishes
rights and duties
a.2 Remedial or Procedural Law
prescribes the manner
of enforcing legal rights
and claims.

b). According to scope or content of the Law:

b.1 Private Law Regulates the relations

of members of the community
with one another.
Ex. Civil and Commercial Law

b.2 Public Law governs the relations of

individual with the State
Ex. Political Law, Penal Law,
Remedial Law, Taxation

c). According to Force or Effect

c.1 Mandatory/Prohibitive Laws

have to be complied with
c.2 Permissive or Suppletory
may be deviated from if the
individual so desires.

CIVIL LAW
definition :

Branch of Law that

generally treats of the personal
and Family relations of an individual,
his property and successional rights
and the effects of his obligations
and contracts.

Mass of precepts that determine

and regulate the relations of
assistance, authority and
obedience among members of the
family and those which exist
among members of society for the
protection of Private Interest.

(Sanchez Roman)

Note:

The word civil is derived from

the Latin civiles, a citizen, as
as distinguished from a
savage or barbarian.
Originally, the word pertained
to a member of a civitas
or free political community.

A system of norms or rules

which regulate the relations of
persons, individual or collective,
and which protects the person
in his personality, as well as his
interests, both moral and
patrimonal. (CASTAN)

Civil Law covers:

1. Person himself and the
rights of personality
2. Family and rights of family
3. Associations and Partnerships
4. Human Patrimony which includes:
a Right to things or to property
and its modification
b Right to Obligations and Contracts
c Right of Hereditary Succession

Civil Law distinguished from Political Law

*Civil Law governs the relations of the members
of the family.
*Political Law governs the relations of the people
and government.

Civil Law distinguished from Civil Code

*Civil Law wider in concept than the civil code
*Civil Code is a compilation of existing civil laws,
scientifically arranged into books,
titles, chapters and sub-heads and
promulgated by legislative authority.

*Most of our civil laws are found in

the civil
code but it is not the only
repository
of our civil laws. PD 603 and the
Family
Code (Exec. Order No. 209)
are not
found in the Civil
Code.

The Civil Code of the Philippines

End