ObliCon

Law- any system of uniformity, rule of action, promulgated and enforced by state

Divisions of Law

1. Strict Legal Sense - promulgated and enforced by state

a. State Law (positive, municipal, civil/ imperative law)
2. Non-Legal Sense
a. Divine Law
b. Natural Law apply to all men as rational beings
c. Moral Law
d. Physical Law operates on all things, including men

Subjects of Law

A. Divine - law of religion and faith, ten commandments

B. Natural - divine inspiration in man of the sense of justice, fairness and righteousness, not
by divine revelation, basic understanding of r/w
C. Moral- totality of norms of good and right conduct growing out to selective sense of r/w,
not absolute, varies at changing times
D. Physical - laws of physical science, we sense and feel, law only by analogy

Concept of state law

1. General sense “the mass of obligatory rules established for the purpose of governing the
relations of persons in society”
2. Specific sense “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 - tell us what shall be and shall not be done

2. It is obligatory - considered positive command, duty to obey
3. It is promulgated by legitimate authority - legislature, statutes are enacted by congress,
local govt van also w/c is binding force of laws
4. It is of common observance and benefit - intended by man to serve man

Sources of Law
Principal sources of law in the Philippines
1. Constitution - written instrument by which fundamental powers of the govt are
established, limited and defined, highest law of the land, fundamental law
2. Legislation - declaration of legal rules by competent authority, passed law are called
enacted/ statute law
 3. Administrative rules, executive orders, regulations and rulings - issued by admin officials
under legislative authority, clarification or explanation of the law to carry into effect its
general provision
4. Judicial decisions/ jurisprudence - decisions of courts, particularly supreme court,
interpreting laws or constitution
5. Customs - habits and practice w/c through long and uninterrupted usage become
acknowledged and approved by society as binding rule of conduct

“NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY REASON OF THE

SILENCE OBSCURITY OR INSUFFICIENCY OF THE LAWS”

Classification of Laws

1. As to it purpose
a. Substantive - portion of the body of law creating, defining and regulating rights
and duties
b. Adjective - “ .. prescribing manner or procedure by w/c rights may be enforced or
their violations redressed (remedial/procedural law)
2. As to its subject matter
a. Public - body of legal rules that regulates the rights and duties arising from
relationship of the state and people (e.g.: criminal law, international,
constitutional, admin)
b. Private - “..which regulates the relations of individuals with one another for purely
private ends (civil, commercial/mercantile law and civil procedure (branch of
private law))

Law on Obligations and Contracts

- body of rules which deals with the nature and sources of obligations and the rights and
duties arising from agreements and the particular contracts (Art. 1307)

Civil Code

- Law on ObliCon is found on RA 386 known as the Civil Code of the Philippines.
- based mainly on cc of spain, took effect in the phil on Dec. 7, 1889
- approved on June 18, 1949
- effective on August 30, 1950
- divided into 4 books
- contains: obligation, rights regarding-human relations, property and contracts
Civil Code provisions on ObliCon

- book IV of cc
- Title I, art. 1156-1304
- Title II, art 1305-1422
- General rules of law governing contracts are also applicable to particular kinds of
contracts (sale, agency, p-ship, barter, etc.)

“IGNORANCE OF LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH”

Art. 1156
- “An obligation is a juridical necessity to give, to do or not to do”

● Obligation -obligatio, tying or binding, bound to render something (giving a

thing, doing certain act or not)
● Juridical Necessity -enforceable in courts
-debtor mis comply w/ his obligation whether he likes it or not
-may be liable to damages if not fulfilled, for the violation of his
rights
● Civil Obligations -obligation w/c give creditor right under law to enforce
performance in courts of justice
● Natural Obligations -not based on positive law but on equity and natural law

Sources of Obligations
Art. 1157
- “Obligation arises from:

1. Law - imposed by law itself

2. Contracts - arise from stipulation of parties
3. Quasi-contracts - arise from lawful voluntary and unilateral acts w/c are
enforceable to the end
- “no one shall be unjustly enriched/ benefitted at the expense of
another
4. Acts or omission
punished by law - arise from civil liability
5. Quasi-delicts