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 engine, engineer, engineering come from the 5 Kinds of Law ( NMMPS )

Latin ingenium
1. NATURAL LAW - divine inspiration in a man of the
 gignere (genere), meaning to produce
sense of justice, fairness
 Engineering is the profession in which
2. MORAL LAW - system of the rules of human action,
knowledge of the mathematical
origin in the general sense, what is right or wrong
Characteristics of Engineering ( PAACEBU ) 3. MUNICIPAL OR POSITIVE LAW - system of rules of
human action established by the governmental
1. PROFESSION- is an occupation requiring an power
advanced academic training, associated with a 4. PHYSICAL LAW - is characterized by the elements
great body, member of a profession places of imperativeness and regularity
responsibilities to the public 5. SUBSTANTIVE LAW - that part of law which
2. ART - member of a profession places creates, defines, and regulates rights
responsibilities to the public
3. APPLICATION of SCIENCE - Science is a EXECUTIVE ORDER - Official document
systematized knowledge
PRESIDENTIAL DECREE - is an order made by a head of
4. CONCERNED with CONSTRUCTION ECONOMY
state or government and having the force of law
5. BENEFIT OF MAN - ultimate purpose
6. UTILIZATION of NATURAL RESOURCES DECREE - refers to any authoritarian decision and in
this sense is often derogatory
Functions of Engineering ( PRCDSM )
Civil Code of the Philippines (R.A. 386)
1. PRODUCTION
2. RESEARCH - careful and systematic investigation Art. 1305 - CONTRACT is a meeting of minds between
3. CONSTRUCTION two persons whereby one binds himself
4. DESIGN - working plan or pattern Art. 1306 - contracting parties may establish such
5. SALES stipulations
6. MANAGEMENT Art. 1308 - contract must bind both contracting parties
Art. 1309 - determination of the performance may be
Legislations - regulating the profession of engineering
left to a third person
LAW Art. 1313 - Creditors are protected in cases
Art. 1314 - Any third person who induces another
 A recognized causal link or principle Art. 1315 - Contracts are perfected by mere consent
 binding rules of conduct meant to enforce justice Art. 1318 – Consent , object certain ,cause of
 derives its legitimacy ultimately from universally obligation
accepted principles
 is a collection of the rules of conduct 3 STAGES OF CONTRACT (PPC)
1. PREPARATION (GENERATION) -Birth of the
Objectives of the Law ( SPOPPU )
contract, or commencement
1. Protection of the STATE 2. PERFECTION - Life of the contract, implemented
2. Protection of PUBLIC HEALTH 3. CONSUMMATION - Extinction of the contract,
3. Protection of ONE’s SELF
4. Protection of PROPERTY DEFECTIVE CONTRACTS ( RVUV )
5. Protection of the RIGHT OF PERSONAL ACTION 1. RESCISSIBLE CONTRACTS - All the essential
6. Protection of the RIGHT OF USE OF PROPERTY elements, reason of injury or damage to third
persons
Sources of Law ( CLEPUPje )
2. VOIDABLE CONTRACTS - is valid until annulled
1. CONSTITUTION - is a body of rules or guidelines, 3. UNENFORCEABLE CONTRACTS - cannot be used
Fundamental or highest law of the land upon or enforced unless ratified, validable
2. LEGISLATION - is the one that is laid down, contract.
established, or ordained by the lawmaking 4. VOID / INEXISTENT CONTRACTS - has no effect at
authority, followed by the citizens, subject to all, It cannot be ratified or validated, never been
sanction or legal consequences. executed at all
3. EXECUTIVE ORDERS - regulations and rulings
12 TYPES OF CONTRACTS
4. PRECEDENT - Prior cases, which are close in facts
or legal principles EXPRESS CONTRACT - shown by words, oral or written
5. CUSTOM or USAGE - consists of those habits and IMPLIED CONTRACT - one wherein intent the parties is
practices shown by conduct
6. PRINCIPLES OF JUSTICE AND EQUITY - principles EXECUTED CONTRACT - already been performed
have to be applied in the absence of law, EXECUTOR - is one not yet performed
precedent, custom and usage
NOMINATE CONTRACTS - are those with special name
or designation (nominados)
Kinds of Obligation
INNOMINATE CONTRACTS - do not have any special
designation ( innominados ) 1. Real obligation (obligation to give) - obligor must
CONSENSUAL CONTRACT - one perfected by mere deliver to the oblige.
consent, such as contract of sale 2. Personal obligation (obligation to do or not to do) -
REAL CONTRACT - one perfected by the delivery of the the subject matter is an act to be done or not to be
thing which is the object of the contract done.
UNILATERAL CONTRACT - only one of the parties has
an obligation Types of Personal Obligation
BILATERAL CONTRACT - creates reciprocal obligations 1. Positive personal obligation- obligation to do or
CONSENSUAL CONTRACT - that which is perfected by render service
mere consent 2. Negative personal obligation- not to do
REAL CONTRACT – that which is perfected by the
delivery of the thing Warranties
SOLEMN CONTRACT – that which requires compliance  are used by sellers to encourage customers,
with certain formalities prescribed from being thereby  either boost sales or become a major problem for
an essential element thereof a business,
CONTRARY TO LAW - the parties to a contract cannot  is a promise or guarantee
agree to an object  applied to materials, workmanship
AGAINST MORALS - no contract may be entered into
which is against virtuous 2 TYPES OF WARRANTIES

Express warranty - explicitly stated (written or spoken)


Contrary to good customs - the contracting parties are
prohibited from entering into contracts  Full warranty - repairs or replacement of a
Contrary to Public Order - Public order does not mean defective product at no cost.
the actual keeping of the public  Limited warranty - excludes certain parts of the
Contrary to public policy - Public policy refers not only product from coverage, or requires the customer
to public safety to pay some portion of repairs.

Implied warranty - exists automatically by state law


Law of Obligations
 Republic Act 386 – Civil code of the Philippines  Warranty of merchantability - is a promise that the
approved on June 18, 1949 product is fit for its intended purpose
 It is a body of rules which deals with the nature  Warranty of fitness for a particular purpose - arises
 An obligation or debt may exist by reason of the when the seller advises
judgment as well as an express contract
Disclaimer statement that contains exceptions to and
 Constitutes a legal or moral duty and renders a
exclusions from a warranty, limit damages that can be
person liable to coercion
recovered by a customer.
Jus in personam - Right against a person
Magnuson-Moss Consumer Product Warranty Act of
who gives it possessor a power
1975 - warranties for most consumer product ,sets
Jus in rem - Right in thing existing in a person with
minimum, rules, provisions
respect to an article
Consumer Product Safety Act of 1972 – require, recall,
Article 1156 - An obligation is a juridical necessity to
prohibit
give, to do or not to do
Food, Drug, and Cosmetic Act of 1938 - designed to
Civil obligation- which give to the creator or oblige a
assure that products will be pure
right under the law
State Statutes
Natural obligation- not being based on positive law but
Lemon laws - poorly built cars.
on equity and natural law
Licensing and certification laws- require certain
individuals
Elements of Obligation
Liability - responsibility or
1. Active Subject (Obligee and Creditor) - possessor of
accountability to pay, strict liability, wrong doer is
a right, the party whose favor an obligation is
obligated
constituted
2. Passive Subject (Obligor or Debtor) - party who has
a duty to give, to do or not to do
3. Prestation Object (Subject Matter) - consist of
giving, going, or not doing
4. Vinculum, Judirical Tie (Efficient Cause)