Meaning of law

Law is a rule of action or any system of uniformity it is not only the activities
of men but also the movement or motion of all object of creation

General division of law

Law (in strict legal sense)-promulgated and enforce by the state (estate law)
Law (in the non-legal sense)- not promulgated and enforce by the state (ex:
divine law, natural law, moral law, and physical law)

Subject of law
State law,divine law, natural law and moral law are apply to men as rational
being only while physical law operates all things including men
Divine law
Is the law of religion and faith which concern itself with the concept of sin and
salvation.
1.Source- it is promulgated by god and revealed to mankind by means of
direct revelation; under old testament it is embodied in the ten commandments and
it is formally given by god through moses the great herbew prophet and leader; to
the mohammedans divine law is embodied in the muslim quoran

2.Sanction-assurance of certain rewards and punishment in the present life or

life to come

Natural law
The divine inspiration in man of the sense of justice, fairness, and
righteousness by internal dictates of reason alone
1.Binding force-there are some acts or conduct which man knows In his heart
and conscience not by theorizing but by the dictates of his moral nature, are simply
good or bad or evil
2. Compared to divine law-divine law is law of religious faith and means of
direct revelation while natural law is impressed in man as the core of his higher self
at the very moment of being
3. Place in state law- it is the reasonable basis of state law

Moral law
Totality of the norms of good and right conduct growing out of the collective
sense of right and wrong every community
1. Determination of what is right and wrong-
2. Sanction-there is no legal sanction but it can be public displeasure,
contempt or even indignation
 3. Binding force- moral law is not absolute. It varies with the changing times,
condition or conviction of the people
4. Place in the state law- it influence or shapes state law

Physical law
Physical phenomena that we sense and feel also known as law of physical
science
1. Order or regularity in nature- physical science being addressed to object
which have no power to disobey
2. Called law only by analogy-

State law
Law that is promulgated and enforced by the state
1. Other terms used- also called positive law, municipal law, civil law, or
imperative law. It is the law that we refer when we speak obligation and
contract, marriage, election and other
2. Binding force- only state law is enforced by the state, with the aid of its
physical force if necessary
3. Concern of state law-state law does not concern itself with the violation of
its command. Full examination of Divine law ( philosophical theology),
natural law (metaphysics), moral law ( ethics), physical law (physics),

Concept of (state) law

Law may be understood in 2 concepts the general or abstract sense and
specific or material sense
1. General sense refers to all the law taken together it may be define as the
mass of obligatory rules established for the purpose of governing the relation
of person in society
2. Specific sense may be define as a rule of conduct, just, obligatory,
promulgated, by legitimate authority and of common observance and
benefit

Characteristics of law
1. It is a rule of conduct- it tells us what shall be done and what shall be undone
2. It is obligatory- it is a positive command imposing a duty to obey and
involving a sanction
3. It is promulgated by legitimate authority-statutes law enacted by congress
4. It is common observance and benefit- law is intended by man to serve man it
must be observed by all for benefit of all

Necessity and function of law

Law secures justice, resolve social conflict, orders society, and protects
interest, controls social relation. Every citizen should have some understanding of
law and observe it for the common good
Sources of law
1. Constitution- written instrument by which the fundamentals powers of the
government are established, limited, and defined and which these powers are
distributed among the several departments for their safe and useful exercise
for the benefit of the people; referred as fundamental law or supreme law
or highest law. It is the law to which all other law enacted by the legislature
must conform. Which means that law declared by the courts to be
inconsistent by the constitution shall be void
2. Legislation- declaration of legal rules by a competent authority it include
ordinance by the LGU. Act passed by the legislature is called enacted law or
statute law
3. Administrative or executive orders, regulation and rulings- issued by
administrative official under legislative authority it is only valid when not
contrary to law and constitution
4. Judicial decision or jurisprudence- decision of the court, particularly Supreme
Court. The decision of a superior court on a point of law are binding on all
subordinate court are called doctrine of presedent or stare decisis
5. Customs- consist of habits and practices which through long and
uninterrupted usage have become acknowledged and approved by the
society as binding rules of conduct
6. Other sources- decision of foreign tribunals, opinion of text writers and
religion

Rule in case of doubt in interpretation or application of law.

In case of doubt in the interpretation or application of laws, it presumed that
the law making body intended the right and justice to prevail

Organ of social control

There are churches, corporation, political parties, trade association, school,
labor union, professional organization, social clubs, families and others

Law compared with other means of social control

Paki basa sa book page 11

Organization of courts
Under the constitution, the juridical power or the power to decide actual
cases and controversies is vested in one Supreme Court and in such lower courts as
may be established by laws
1. Regular courts- supreme court at the apex the other courts are court of
appeals, regional trial court in different provinces, metropolitan trial court in
metropolitan areas, municipal trial courts in cities not forming part of
metropolitan, municipal circuit trial courts In areas define as municipal circuit
and circuit courts exercise jurisdiction over 2 or more cities; the supreme
 court, court of appeals and the regional trial courts are considered courts of
general or superior jurisdiction
2. Special courts- special anti-graft court, sandiganbayan and court of tax
appeals a special tax court same level of court of appeals
3. Quasi-judicial agencies- they involve also settlement or adjudication of
controversial or disputes; administrative bodies under the executive branch
performing quasi-judicial function like NLRC,SEC,LFRB, (civil service
commission, commission on election and commission on audit) do not form
part of the integrated judicial system

Classification of law
1. As to its purpose
a. Substantive law or that portion of the body of law creating, defining,
and regulating rights and duties which may be either public or private
in character
b. Adjective law- body of law prescribing the manner or procedure by
which rights may be enforced or their violation redressed. Sometimes
called remedial law or procedural law
2. As to its subject matter
a. Public law- body of legal rules which regulates the rights and duties
arising from the relationship of the state to the people example is
criminal law which define crimes and provide for their punishment also
include international law which govern the relation among nations or
states; constitutional law which govern the relation between the state
and its citizen; administrative law which govern the method by which
the function of the administrative authorities are to be performed and
criminal procedure which govern the method of trial and punishment in
criminal cases
b. Private law- body of rules which regulates the relations of individuals
with one another for purely private ends; civil procedure is the branch
of private law which provides for the means by which private rights
may be enforced

Law on obligation and contract

Body of rules which deals with the nature and source of obligation and the
rights and duties arising from agreement and the particular contracts

Civil code of the Philippines

The law on obligation and contract is found in RA 386 otherwise known as
civil code of the Philippines. Civil law is a law found primarily in our civil code. It is
based on civil code of spain took effect in the phil. On December 7 1889 approved
on june 18 1949 and took effect on August 30 1950. It is divided on 4 books

Civil code provision on obligation and contracts

 Book IV of the civil code deals with obligation and contracts. The general
provision on obligation are contained in title I, article 1156-1304 while contract in
title II article 1305-1422

Conclusive presumption of knowledge of law

Ignorance of law excuses no one from compliance therewith everyone
therefore is conclusive presumed to know the law reason for the presumption ay
nasa book page 16

ARTICLE 1156. An obligation is a juridical necessity to give, to do

or not to do
Obligations derive from latin word obligation means tying or binding. One is
bound in favor of another to render something, may consist of giving, doing or not
doing
Debtor or obligor (who has the duty of giving, doing or not doing), creditor or
obligee (who has the right to the performance of the obligation)
Obligation is a juridical necessity because in case of noncompliance the court
may be called upon the aggrieved party to enforce its fulfilment or in default
thereof, the economic value that it represent. Debtor may also be liable to damage
in other words the debtor must comply his obligation whether he likes it or not
because there is a harmful consequence

Nature of obligation under the civil code

Pakibasa sa book page 18

Essential requisites of an obligation

1. Passive subject(debtor or obligor) person who is bound to the fulfilment of
the obligation
2. Active subject(creditor or oblige) person who is entitled to demand the
fulfilment of the obligation
3. Object or prestation(subject matter of the obligation) conduct required to be
observed by the debtor can be giving, doing or not doing
4. Juridical or subject manner(efficient cause)- binds or connects the parties to
the obligation ; source of the obligation

Form of obligation
Form of obligation is a manner in which obligation is manifested or incurred it
can be oral, written or partly oral and partly written
1. Law does not require any form in obligation arising from contract for their
validity or binding force
2. Obligation arising from other sources do not have form at all
Obligation, right and wrong distinguished
1. Obligation- act or performance which the law will enforce
2. Right- power which a person has under the law to demand for another any
prestation
3. Wrong (cause of action)- act or omission of one party in violation of the legal
rights or rights. The essential element of legal wrong are
a. Legal right in favor of a person (creditor)
b. Correlative legal obligation on the part of another (debtor) to respect
or not to violate said right
c. Act or omission by the latter in violation of said right with resulting
injury or damage to be former

Kinds of obligation according to subject matter

1. Real obligation (obligation to give) thing which the obligor must deliver to
the oblige
2. Personal obligation(to do or not to do) act to be done or not to be done
a. Positive personal obligation- obligation to do
b. Negative personal obligation- obligation not to do

Article 1157. obligation arise from:

1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omission punished by law
5. Quasi-delicts
Source of obligation
1. Law- imposed by law itself
2. Contract- stipulation of the parties
3. Quasi-contracts- lawful, voluntary and unilateral acts which are enforceable
to the end that no one shall be unjustly enriched or benefited at the expense
of another
4. Crimes or acts or omission punished by law- arise from civil liability which is a
consequence of a criminal offense
5. Quasi-delicts- arise from damage to another through an act or omission, there
being a fault or negligence. But no contractual relation exist between two
parties
Sources classified
1. Law
2. Private acts
a. Licit acts case of contracts and quasi-contracts
b. Illicit acts case of crimes and quasi-delicts or torts
 There are only 2 source: law and contracts because quasi-contracts, crimes
and quasi-delicts are imposed by law

Article 1158. obligation derived from law are not presumed on

those expressly determined in this code or in special law are
demandable and shall regulated by the precepts of the law
establishes them; as to what has not been foreseen, by the
provision of this book
Legal obligation
They are not presumed because they are considered a burden upon a obligor
they are exception, not the rule. To be demandable, they must be clearly set forth in
the law
Special law are any law not included in the civil code example corporation
code, insurance law and other

1159. obligation arising from contract have the force of law

between the contracting parties and should be complied with in
good faith
Contractual obligation
Contracts is a meeting of minds between 2 persons whereby one binds
himself with respect to the other to give, to do or not to do something
1. Binding forces- obligation arising from contract has the force of law between
2 contracting parties and contract must be valid and It cannot be valid if it is
against the law
2. Requirement for valid contract- if it is not contrary to law, morals, good
customs, public order and public policy
3. Breach of contract- it takes place when a party fails or refuse to comply,
without legal reason or justification

Compliance in good faith

Compliance or performance in accordance with the stipulation of terms of the
contract or agreement

Article 1160. obligation derive from quasi-contracts shall be

subject to the provision of chapter 1, title XVII of this book
Quasi-contractual obligation
Quasi-contracts juridical relation resulting from lawful, voluntary and
unilateral acts by virtue of which the parties become bound to each other to the end
that no one will be unjustly enriched or benefited at the expense of another; there is
no consent but the same is supplied by fiction of law
Kind of quasi-contracts
1. Negotiorum gestio- voluntary management of the property or affairs of
another without the knowledge or consent of the latter
2. Solotio indebiti-juridical relation which is created when something is received
when there is no right to demand it and it was unduly delivered thought
mistake the requisite are;
a. There is no right to receive the thing delivered
b. The thing was delivered through mistake
3. Other example of quasi contracts- provided on article 2164-2175 of the civil
code

Article 1161. obligation arising from criminal offense shall be

governed by the penal laws, subject to the provision of article
2177, and of the pertinent provision of chapter 2, preliminary title,
on human relations, and of title XVIII of this book, regulating
damages
Civil liability arising from crimes
1. Every person criminally liable for an act or omission is also civilly liable for
the damage
2. In crimes, however, which cause no material damage, there is no civil liability
to be enforced. But a person criminally responsible may still be liable civilly

Scope of civil liability

1. Restitution- return the car or to pay its value if it is lost or destroyed
2. Reparation of damaged caused- pay for any damage cause to the car
3. Indemnification for consequential damages- pay such other damages suffered
by the owner as a consequence of a crime

Article 1162. obligation derived from quasi-delicts shall be govern

in the provision of chapter 2, title XVII of this book, and by special
laws
Obligation arising from quasi delicts
Quasi-delicts is an act or omission by a person which cause damage to
another in his person, property or rights giving rise to an obligation to pay for the
damage done

Requisites of quasi-delicts
Before a person can be liable to quasi-delicts the following requisites shall be
presented
1. There must be an act or omission
 2. There must be fault or negligence
3. There must be a damage cause
4. There must be a direct relation or connection of cause and effect between the
act or omission and the damage
5. There is no pre-existing contractual relation between the parties

Crimes distinguished from quasi delicts

1. Crime is criminal or malicious intent or criminal negligence while quasi-delicts
is only negligence
2. Crime is the purpose of punishment while in quasi-delicts the indemnification
of offended party
3. Crime affects public interest while quasi-delicts concern private interest
4. In crime there is criminal and civil liability while in quasi-delict there is only
civil liability
5. Criminal liability cannot be compromised or settled by the parties
themselves, while the liability for quasi-delicts can be compromised as any
other civil liability
6. Crime must be proved beyond reasonable doubt while quasi-delicts must be
proved by preponderance of evidence

Article 1163. every person obliged to give something is also

obliged to take care of it with proper diligence of a good father of
a family, unless the law or the stipulation of the parties required
another standard of care
Meaning of specific and determinate thing and generic or
indeterminate thing

Specific or determinate particularly designated or physically segregated other of the

same class
Generic or indeterminate refers only to a class or genus to which it pertains and
cannot be pointed out with particularity

Specific thing and generic thing distinguished

1. A determinate thing is identified individuality and cannot be substitute
2. A generic thing is identified only by its specie and the debtor can give any of
the same class

Duties of debtor in obligation to give a determinate thing

1. Preserve the thing
a. Diligence of a good father of a family
b. Another standard of care
c. Factor to be considered
d. Reason for debtor obligation
 2. Deliver the fruit of the thing
3. Deliver the accession and accessories
4. Deliver the thing itself
5. Answer for damages in case of non-fulfilment or breach

Duties of debtor in obligation to deliver a generic thing

1. To deliver a thing which is of the quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances
2. To be liable for damages In case of fraud, negligence, in the performance of
his obligation or contravention of the tenor thereof