OBLICON
Law- any rule of action or any system of uniformity
General divisions of Law
1. Law (in the strict legal sense) which is enforced and
promulgated by the state
2. Law (in non-legal sense) which is not promulgated and
enforced by the state
First refers to state law while the second refers to divine, moral, natural
and physical law.
State, divine, natural and moral laws are comprised in the definition of
law as a rule of action. They apply to men as rational beings only.
Physical law operates on all things including men.
Characteristics of Law
1. It is a rule of conduct- law tells us what should be and what
shouldn’t be done. Law takes cognizance of external acts only.
2. It is obligatory. Law is considered a positive command
imposing a duty to obey
3. It is promulgated by legitimate authority.In PH, the
legitimate competent authority is the legislature. Under the
Constitution, laws called statutes are enacted by Congress
which is the legislative branch of our government, local govt
units are also empowered to enact ordinances
4. It is of common observance and benefit. Law is intended by
man to serve man.
SOURCES OF LAW
The principal sources of Law in PH are the: Constitution, Legislation,
Administrative rules and regulations, judicial decisions and customs.
1. CONSTITUTION- the written instrument by which the fundamental
powers of govt are established
It is often referred to as the fundamental law or supreme law or highest
law of the land.
2. LEGISLATION- it consists in the declaration of legal rules by a
competent authority. It also included ordinances enacted by LGU.
- it is the preponderant source of law
Enacted law or statute law- acts passed by the legislature
3. Administrative or executive orders, regulations and rulings-
issued by administrative officials under legislative authority
- intended to clarify or explain the law
4. Judicial decisions or jurisprudence- the decisions of the courts
particularly the Supreme Court
Doctrine of precedent or stare decisis- the decisions of a superior court
are binding all subordinate courts
 The Supreme Court may reverse or modify any of its previous
rulings.
5.CUSTOMS- it consists of those habits and practices which through long
and uninterrupted usage have become acknowledged and approved by
society as binding rules of conduct.
- it must be proved as a fact according to rules of evidence. It may be
applied by the courts in the absence of law or statute
6. OTHER SOURCES- not binding on the courts
CIVIL CODE- provided that “no judge or court shall decline to render
judgment by reason of silence
A sanction is remedial if the object is the indemnification of the person
who has suffered damages.
A sanction is penal if the object is the punishment of the violator.
ORGANIZATION OF COURTS
Supreme Court- the judicial power to decide actual cases and
controversies
1. Regular Courts- Under present legislation are: a. Court of
Appeals b. Regional Trial Courts- sitting in diff provinces and
cities c. Metropolitan Trial Courts- in Metropolitan areas
- Supreme Court, Court of Appeals Regional Trial Courts-
are considered courts of general or superior jurisdiction.
2. Special Courts- aside from these courts, there is under the
Constitution a special anti-graft court, the Sandiganbayan. It
forms part of the judicial hierarchy with CTA.
3. Uasi- Judicial agencies- administrative bodies under the
executive branch performing uasi-judicial functions
CLASSIFICATIONS OF LAW
1. As to purpose
a. Substantive Law- the portion of the body of law creating,
defining and regulating rights and duties ex: law on oblicon
b. Adjective Law- that portion of body of law prescribing the
manner or procedure by which rights may be enforced.
Sometimes called remedial or procedural law.
Rules of Court- governs the adjective law in PH
2. As to subject matter
a. Public law- the body of legal rules which regulates the
rights and duties arising from relationship of the state to
the people ex:criminal law
International law- law which governs the relations
among states or nations
Constitutional law- governs the relations among state
and its citizens
Administrative law- governs the method by which the
functions of admin authorities are performed
Criminal procedure- the branch of private law which
governs the methods of trial &punishment in criminal
cases
b. Private Law- the body of rules which regulates the
relations of individuals with one another for purely
private ends.
Civil procedure- branch of private law which provides for
the means by which private rights may be enforced.
The Law of Obligations and Contracts is the body of rules which deals
with the nature and sources of obligations
- It is found on Republic Act No. 386 aka Civil Code of the
Philippines
- When we speak of civil law we refer to law found on civil
code
- CC of PH is based mainly on CC of Spain which took effect
on PH on December 07, 1889.
- It is divided into 4 books.
ESSENTIAL REQUISITES OF AN OBLIGATION
1. Active subject-creditor or obligee– has the power to compel
the debtor, entitled to demand the fulfillment of obligation, has
the right
2. Passive subject – debtor or obligor- the person who is bound to
the fulfillment of the obligation: one who has a duty
3. Object or Prestation (Subject matter of the obligation)–
conduct required to be observed by the debtor- to give to do or
not to do
4. Juridical tie or legal tie (aka efficient cause) –that which binds
or connects the parties to the obligation
Kinds of Obligation according to subject matter
1. Real Obligation (obligation to give)
2. Personal Obligation
a. Positive personal obligation (to do)
b. Negative personal obligation (not to do)
Kinds of Quasi- Contracts
1. Negotiorum Gestio- voluntary management
2. Solutio Indebiti- something is received when there is no right
to demand it and it was delivered through mistake
SCOPE OF CIVIL LIABILITY
1. Restitution
2. Reparation of the damage cause
3. Indemnification for consequential damages
Quasi-contracts – arise from lawful, unilateral and voluntary acts which
are enforceable to the end that no one should unjustly enrich himself at
the expense of another,
Quasi-delicts – arise from damage caused to another thru an act or
omission there being fault or negligence,
Requisites of Quasi-Delicts
1. There must be an act/omission
2. There must be fault or negligence
3. There must be damage caused
4. There must be a direct relation or connection of cause and
effect between the act/omission and the damage
5. There is no pre-existing contractual relation between the
parties
Crime distinguished from Quasi-Delict
1. Crime- there’s a malicious intent or criminal negligence
Quasi-Delict- There is only negligence
2. Crime- purpose is punishment
Quasi-Delict- indemnification of the offended party
3. Crime- affects public interest
Quasi-Delict- affects private interest
4. Crime- there are 2 liabilities: criminal and civil
Quasi-Delict- there’s only civil liability
5. Crime- cannot be compromised by the parties themselves
Quasi-Delict- can be compromised by another civil liability
6. Crime- guilt must be proven by reasonable doubt
Quasi-Delict- the fault is proved by preponderance of
evidence
Duties of a debtor to deliver a determinate thing
1. Preserve the thing.
2. Deliver the fruits of the thing.
3. Deliver the accessions and accessories.
4. Deliver the thing itself
5. Answer for damages in case of non-fulfillment or breach
Remedies of debtor in specific real obligation
a. Demand specific performance or fulfillment of the obligation
with a right to indemnity for damages
b. Demand rescission or cancellation of the obli with a right to
recover damages
c. Demand payment of damages only when it is the only feasible
remedy
Situations contemplated in Article 1167
a. Debtor fails to perform an obligation to do
b. Debtor performs an obligation to do but contrary to the terms
c. Debtor performs an obligation to do but in a poor manner
Kinds of Delay
1. Mora Solvendi- delay on part of the debtor
2. Mora Accipiendi- delay on part of the creditor
3. Compensatio Morae- delay in reciprocal obligations
When demand is not necessary to put debtor in delay
1. When the obligation so provides
2. When the law so provides
3. When time is of the essence
4. When demand would be useless
5. When there’s performance by a party in reciprocal obli
Fraud and negligence distinguished
1. Fraud-there’s deliberate intention to cause damage/injury
Negligence-there’s no such intention
2. Fraud- waiver of liability for future fraud is void
Negligence- waiver of liability is allowed
3. Fraud- must be clearly proved
Negligence-presumed from the violation of contract. obli
4. Fraud- liability cant be mitigated
Negligence- can be reduced accdg to circumstances
Kind of negligence accdg to source of obligation
1. Contractual negligence (culpa contractual)- negligence
arise from contracts resulting in their breach
2. Civil Negligence (culpa acquiliana)- negligence which by
itself is a source of obligation
3. Criminal negligence (culpa criminal)- negligence resulting
in omission of the crime
Requisites of Fortuitous Event
1. The event must be independent of the human will or at least
the debtors will
2. The event could not be foreseen, or if foreseen, is inevitable
3. The event must be of character as to render it impossible for
the debtor to comply with his obligation in a normal manner
4. The debtor must be free from any participation:in or
aggravation of the injury to the creditor that there’s no
concurrent negligence on his part
Exceptions in Fortuitous Event
1. When expressly specified by law
a. The debtor is guilty of fraud, negligence or delay or
contravention of the tenor of the obligation
b. The debtor has promised to deliver the same thing to 2 or
more person who doesn’t have the same interest
c. The obligation to deliver a specific thing arises from a
crime
d. The thing to be delivered is generic
2. When declared by the stipulation
3. When the nature of the obligation requires the assumption of
risk
Two Kinds of Presumption
1. Conclusive Presumption- one which cant be cobtradicted
2. Disputable (Rebuttable) Presumption- one which can be
contradicted or rebutted by presenting proof
Exception of Transmissibility of Rights
1. Prohibited by law
a. By contract of partnership- two or more people bind
themselves to contribute money, property
b. By contract of agency- a person binds himself to render
some service or to do something in representation of
another
c. By contract of commodatum- one of the parties delivers
to another something not consumable
2. Prohibited by stipulation of the parties- when prohivited by
stipulation
Pure obligation- one which is not subject to a condition and no specific
date is mention for fulfillment
Conditional obligation- one whose consequences are subject in one way
or another to the fulfillment of condition
Condition- future and uncertain event
Characteristics of a condition
1. Future and uncertain-
2. Past but unknown
Two principal Kinds of Condition
1. Suspensive condition (condition precedent or condition
antecedent)- the fulfillment of which will give rise to an
obligation
2. Resolutory Condition (condition subsequent)- one the
fulfillment of which will extinguish an obligation
Distinctions
1. Suspensive- once condition is fulfilled, obligation arises
Resolutory- once condition is fulfilled, obligation is extinguish
2. Suspensive- if not take place, the tie of the law doesn’t appear
Resolutory- Law is consolidated
3. Suspensive- if it take place, the existence of obligation is mere
hope
Resolutory- hovers the possibility of termination
When obligation is demandable at once
1. When it is pure
2. When it is subject to resolutory condition
3. When it is subject to resolutory period
Period- a future and certain event
Protestative condition- a condition suspensive in nature which
depends upon the sole will of one of the parties
Causal condition- the suspensive condition depends upon chance or
upon the will of a third person the obligation is valid
Mixed Condition- the obligation is valid if the suspensive condition
depends partly upon chance and partly upon the will of a third
person
Two Kinds of Impossible Conditions
1. Physically impossible conditions- when the nature of things
cannot exist or cannot be done
2. Legally impossible conditions- when they are contrary to
law, morals good customs, public order and policy
ARTICLE 1189. When the conditions have been imposed with the
intention of suspending the efficacy of an obligation to give, the
following rules shall be observed in case of the improvement, loss or
detoriation of the thing during the pendency of the condition
1. If the thing is lost without the fault of the debtor, the obligation
shall be extinguished
2. If the thing is lost through the fault of the debtor, he shall
obliged to pay damages,it is understood that the thing is long
when it perishes, or goes out of commerce, or disappears in
such a way that its existence is unknown or it cannot be
recovered
3. When the thing deteriorates without the fault of the debtor, the
impairment is to be borne by the creditor;
4.  If it deteriorates through the fault of the debtor, the creditor
may choose between the rescission of the obligation and its
fulfillment, with indemnity for damages in either case;
b. Non-reciprocal obligations- are those which do not
impose simultaneous and correlative performance on
both parties.
- the performance of one party is not depended upon the
performance by the other
Obligation with a period- one whose effects or consequences are
subjected in one way or another to the expiration or arrival of said period
or term
Kinds of Period
1. According to effect
a. Suspensive period (ex die)- obligation begins only from
a day certain upon the arrival of the period
b. Resolutory Period (in diem)- obligation is valid up to a
day certain and terminates upon arrival of the period
2. According to source
a. Legal period- when it is provided for by laws
b. Conventional or voluntary period- when it is agreed to by
the parties
c. Judicial period- when it is fixed by the court
3. According to definiteness
a. Definite period- when it is fixed or known when it will
come
b. Indefinite period- when it is not fixed or not known
when it will come

5. If the thing is improved by its nature, or by time, the

improvement shall inure to the benefit of the creditor;

Requisites for Application of Article 1189

1. The obligation is a real obligation
2. The object is a specific or determinate thing
3. The obligation is subject to a suspensive condition
4. The condition is fulfilled
5. There is loss, deterioration or improvement of the thing during
the pendency of condition

Kinds of Loss
1. Physical Loss- when a thing perishes as when a house is
burned and reduced to ashes
2. Legal Loss- when a thing goes out of commerce or when a
thing legal become illegal
3. Civil Loss- when a thing disappears in such a way that its
existence is unknown (particular dog has been missing for
some time)

Rules in case of loss, deterioration or improvement of the thing

during the pendency of condition
1. Loss of the thing without debtors fault
2. Loss of the thing through debtors fault
3. Deterioration of the thing without debtors fault
4. Deterioration of the thing through debtors fault
5. Improvement of thing by nature or by time
6. Improvement of thing at the expense of the debtor

Usufruct- the right to enjoy the use and fruits of the thing belonging to
another
Kinds of obligation according to the person obliged
1. Unilateral- when only one party is obliged to comply with a
prestation
2. Bilateral- when both parties are mutually bound to each other
a. Reciprocal obligations- each party is a debtor and
creditor of the other