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Law 1: Obligations and Contracts 34 terms tikyo1025

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Define Law In its widest and comprehensive sense, the term Law
means any rule of action or any system of uniformity.

General Divisions of 1. Law, in its strict legal sense, which is promulgated and
Law enforced by the state; refers to what is known as the state
law.
2. Law, in non-legal sense, which is not promulgated and
enforced by the state; this includes divine law, natural law,
moral law, and physical law.

What laws are State law, Divine law, Natural law, and Moral Law
comprised in the
definition of law as "rule
of action" (they apply to
men as rational beings
only)?

It is called law only as Physical law

figuratively speaking

Divine law ... is the law of religion and faith which concerns itself with
the concept of sin (as contrasted with crime) and salvation.

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Natural law ... the divine inspiration in man of the sense of justice,
fairness, and righteousness, not by divine revelation or
formal promulgation, but by internal dictates of reason
alone.

Moral law ... the totality of the norms of good and right conduct
growing out of the collective sense of right and wrong of
every community.

Physical law ... the uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel;
example, law of gravitation.

State law ... law that is promulgated and enforced by the state, with
the aid of its physical force, if necessary.

Concepts of State law 1. General or Abstract sense - refers to all laws taken
together; the mass of obligatory rules established for the
purpose of governing the relations of persons in society;
example, law of the land, rule of law and not of men,
equality before the law, enforcement of the law, etc.
2. Specific or Material sense - a rule of conduct, just,
obligatory, promulgated by a legitimate authority, and of
common observance and benefit; example, law of
obligations and contracts.

Characteristics of law, in 1. It is a rule of conduct - law tells us what shall be done

its specific sense and what shall not be done.
2. It is obligatory - law is considered a positive command
imposing a duty to obey and involving a sanction which
forces obedience.
3. It is promulgated by legitimate authority - laws are
enacted by congress, the legislative branch of the
government.
4. It is of common observance and benefit - it regulates
the relations of men to maintain harmony in society and
make order and co-existence possible.

What does law do? ... it secures justice, resolves social conflict, orders society,
protects interests, control social relations.

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Sources of law 1. Constitution

2. Legislation
3. Administrative or executive orders, regulations, and
rulings
4. Judicial decisions or jurisprudence
5. Customs
6. Other sources such as principles of justice and equity,
decisions of foreign tribunals, opinions of text writers, and
religion. They are, however supplementary, that is, they
resorted to by courts in the absence of all other sources;
not binding in courts.

Constitution ... the fundamental law, supreme law, or highest law of the
land because it is promulgated by people themselves,
binding on all individual citizens, all agencies of the
government; the law to which all other laws enacted by
the legislature, as well as administrative or executive acts,
orders, and regulations having the force of law, must
conform.

Organization of Courts 1. Regular Courts - Court of Appeals, Regional Trial Courts,

Regional Circuit Trial Courts, Municipal Trial Courts,
Metropolitan Trial Courts
2. Special Courts - Sandiganbayan, Court of Tax Appeals
3. Quasi-judicial Agencies - National Labor Relations
Commission, Securities and Exchange Commission, Land
Transportation Franchising and Regulatory Board, and the
independent Constitutional Commissions like COMELEC,
Commission on Audit

Main Classifications of 1. As to its purpose

Law 2. As to its subject matter

Classification of Law as 1. Substantive law - that portion of the body of law

to its purpose creating and defining rights and duties which may be
private or public in character; example, law of obligations
and contracts.
2. Adjective law - procedural law or remedial law; that
portion of the body of law prescribing the manner or
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procedure by which rights may be enforced or their

violations redressed.

Classification of Law as 1. Public law - the body of legal rules which regulates the
to its subject matter rights and duties arising from the relationship of the state
to the people; example, criminal law, includes international
law - governs the relations among nations and states, and
constitutional law -governs the relations between the state
and its citizens
2. Private law - the body of rules which regulates the
relations of individuals with one another for purely private
ends; example, civil law, mercantile law, and civil
procedure

The Law of Obligations ... the body of rules which deals with the nature and
and Contracts sources of obligations and the rights and duties arising
from agreements and the particular contracts; found in
Republic Act No. 386, otherwise known as the Civil Code
of the Philippines. Book IV of the Civil Code deals with
Obligations and Contracts.

Meaning of Obligation The term obligation is derived from the Latin word
"obligatio" which means binding or tying; it is a tie or bond
recognized by law by virtue of which one is bound in favor
of another to render something - and this may consist in
giving a thing, doing a certain act, or not doing a certain
act.
Civil Code definition merely stresses the duty of the
debtor or obligor (he who has the duty of giving, doing, or
not doing) when it speaks of obligation as a juridical
necessity.

Civil Obligations Obligations which give to the creditor or obligee a right

under the law to enforce their performance in courts of
justice.

4 Essential requisites of 1. A passive subject (debtor or obligor) - person bound to

an obligation the fulfillment of the obligation; he who has a duty
2. An active subject (creditor of obligee) - person entitled

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to demand the fulfillment of the obligation; he who has a

right
3. Object or Prestation (subject matter) - the conduct
required to be observed by the debtor
4. A juridical or legal tie (efficient cause) - that which binds
or connects the parties to the obligation
Form of Obligations A manner in which an obligation is manifested or incurred,
it may be oral or in writing or part of each.
1. As a general rule, the law does not require any form in
obligations arising from contracts for their validity or
binding force.
2. Obligations arising from other sources do not have any
form at all.

Obligation, Right, and 1. Obligation is the act or performance which the law will
Wrong distinguished enforce.
2. Right is the power which a person has, under the law, to
demand from anther any prestation.
3. Wrong, also called Injury, is an act of omission of one
party in violation of the legal right or rights of another.

2 Kinds of Obligations 1. Real obligation - obligation to give; is that in which the

according to subject subject is a thing which the obligor must deliver to the
matter obligee.
2. Personal obligation - obligation to do or not to do; is
that in which the subject is an act to be done or not to be
done. There are 2 kinds of personal obligation:
a. Positive personal obligation or obligation to do or
render service.
b. Negative personal obligation is obligation not to do or
not to give.

ART. 1157. Obligations 1. Law

arise from: 2. Contracts
3. Quasi-contracts
4. Acts or omission punished by law
5. Quasi-delicts

Sources of Obligations 1. Law - when they are imposed by law itself.

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2. Contracts - when they arise from the stipulation of the

parties.
3. Quasi-contracts - when they arise from lawful, voluntary
and unilateral acts that no one shall be unjustly enriched or
benefitted at the expense of another.
4. Crimes or acts or omissions punished by law - when they
arise from civil liability which is a consequence of a
criminal offense.
5. Quasi-delicts or torts - when they arise from damaged
caused to another through an act or omission.
Classifications of 1. Those emanating from the law
sources of obligations 2. Those emanating from privates acts, which maybe
subdivide into the following:
a. Those arising from licit acts, in case of contracts and
quasi-contracts
b. Those arising from illicit acts, which may be either
punishable in the case delicts or crimes, or not punishable
in the case of quasi-delicts or torts.
**Actually, there are only 2 sources: law and contracts,
because obligations arising from quasi-contracts, delicts,
and quasi-delicts are really imposed by law.

Contract ... is a meeting of minds between two (2) persons whereby

one binds himself, with respect to the other, to give
something or to render some service.

Binding Force Obligations arising from contracts have the force of law
between the contracting parties; contract cannot be valid
if it is against the law.

Requirement of a valid A contract is valid if it is not contrary to the law, morals,

contract good customs, public order, and public policy; contract
does not exist.

Compliance in good Compliance or performance in accordance with the

faith stipulations or terms of the contract or agreement.

Quasi-contractual ... is that juridical relation resulting form lawful, voluntary,

obligations and unilateral acts by virtue of which the parties become

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bound to each other to the end that no one will be unjustly

Kinds of Quasi- enriched
1. Negotiorum
or benefitted
gestio - the
at the
involuntary
expense management
of another. of the
contracts property or affairs of another without the knowledge or
consent of the latter.
2. Solution indebiti - the juridical relation which is created
when something is received when there is no right to
demand it and it was unduly delivered through mistake.
The requisites are:
a. There is no right to receive the thing delivered.
b. The thing was delivered through mistake.

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