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Business Law 1

The LAW on
OBLIGATIONS
and CONTRACTS

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Law on Obligations and Contracts
• Law (JURIS/LEX -LEXES/LEY-LEYES/
LEGE-LEGIS)
– set/body of

JEDO PRINGS
made by competent authorities
and
imposed in a particular territory
for common observance
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Law on Obligations and Contracts

JURISPRUDENCE
otherwise known as CASE/DECISIONAL LAW
made by supreme court
and
such CASE LAW now forms part of the expressed laws of the
Republic of the Philippines
for common observance
of all those living and residing in the Philippines
(Art. 8 CCP-DOCTRINE OF STARE DECISIS)

E.g. CASE LAW - Pp vs. Flordeliz – judicial decision


interpreting and applying the New Anti-Rape
Law (RA 8353) 3
Law on Obligations and Contracts
EXECUTIVE ORDER/S
otherwise known as NEOs/LEOs
made by Chief executive/
local executives
and
such NEOs/LEOs now form part of the expressed laws of the
Republic of the Philippines (NEO’s)/
in a particular municipality/city /province/region
(LEO’s)
for common observance
of all those living and residing in the Philippines/
in that particular municipality/city/province as the case maybe

E.g. EO 209 – FAMILY CODE OF THE PHILIPPINES


– by former President Corazon Cojuangco Aquino 4
Law on Obligations and Contracts

PRESIDENTIAL DECREE/S
otherwise known asPDs (includes PresPocs)
made by President of the
philippines
and
such PDs/PPs now form part of the expressed laws of the
Republic of the Philippines
for common observance
of all those living and residing in the Philippines

E.g. PD 1081- MARTIAL LAW – by former Philippine


Dictator FEM
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Law on Obligations and Contracts
ORDINANCE/S
LOs
otherwise known as
made by Local legislative councils &
LOCAL EXECUTIVES
and
such LOs now form part of the expressed laws of a particular
barangay/municipality/city/province/region
in the Philippines
for common observance
of all those living and residing in said particular territory

E.g. MUNICIPAL ORDINANCE anent TRICYCLES-applied only


to the lowlands
MUNICIPAL ORDINANCE anent MOMMA – applied only to
the highlands/Cordilleras
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Law on Obligations and Contracts
PROTOCOL/
LEGAL POLICIES & PROCEDURES
IMPLEMENTING RULES & REGULATIONS/
LEGAL INSTRUCTIONS

otherwise known as PPs/IRRs/LIs

made by CONGRESS (bicameral)


and
such RAs/IRRs now form part of the expressed laws of the
Republic of the Philippines
for common observance
of all those living and residing in the Philippines

E.g. IRR of PD 442 (LABOR CODE OF THE PHILIPPINES)

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Law on Obligations and Contracts
NORMS of CONDUCT
otherwise known as
CUSTOMS/TRADITIONS/PRACTICES
adopted & implemented through the course of time
and
such CUSTOMS/TRADITIONS/PRACTICES NOT CONTRARY TO LAW now form
part of the expressed laws of the
Republic of the Philippines
for common observance
of all those living and residing in a
PARTICULAR GEOGRAPHICAL AREA/
belonging to a particular ETHNIC GROUP
in the Philippines (Art. 10-12 CCP)
E.g. TRADITION OF BURYING THE DEAD - CORDILLERANS
POLYGAMOUS MARRRIAGES - MUSLIMS 8
Law on Obligations and Contracts

LEGAL GUIDELINES
otherwise known as LGs/ROC
made by CONGRESS /SUPREME COURT
and
such LGs/ROC now form part of the expressed laws of the
Republic of the Philippines
for common observance
of all those living and residing in the Philippines

E.g. ROC anent the filing of cases in the


courts of justice
LG’s on ADR (RA 9285)
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Law on Obligations and Contracts

SPECIAL LAWS
otherwise known as RAs/BPs/CAs/Acts
made by CONGRESS/BATASANG
PAMBANSA
and
such RAs/BPs/CAs/Acts now form part of the expressed laws of
the
Republic of the Philippines
for common observance
of all those living and residing in the Philippines

E.g. Act 2031 –NEGOTIABLE INSTRUMENTS LAW –


enacted into law February 3,1911 10
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