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Law- any system of uniformity, rule of action, promulgated and enforced by state
Divisions of Law
Subjects of 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
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
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))
- 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.)
Art. 1156
- “An obligation is a juridical necessity to give, to do or not to do”
Sources of Obligations
Art. 1157
- “Obligation arises from: