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INTRODUCTION TO THE LAW

1. The General Nature of Law

- Determines not only the activities of men as rational beings but also the movements
or motions of all objects of creation, whether animate or inanimate.

2. Meaning of Law
- Any rule of action or any system of uniformity.

3. General Divisions of Law

a. Strict legal sense (promulgated and enforced by the state, aka. State law)
b. Non-legal sense (contrary to first, it includes divine law, natural law, moral law, and
physical law)

4. Characteristics of Law
a. A rule of conduct (what shall be done and what shall not be done. It takes cognizance
of external acts only)
b. Promulgated by legitimate authority-legislature. (“statutes” are enacted by
Congress, a legislative branch of our government; LGU are also empowered to enact
ordinances which have the binding force of laws)
c. Obligatory (considered a positive command imposing a duty to obey and involve
sanction to force obedience)
d. Of common observance and benefit. (intended by man to serve man, regulates
relations to maintain harmony in society and to make order and co-existence
possible, and be observed by all for the benefit of all)

5. Necessity and Functions of Law

a. Life without law 1. Society comes into existence because its

members could not live without it
2. There is a need of internal order
b. Act of Law 1. Secures justice, resolves social conflict,
orders society, protects interests,
controls social relations
c. duty as members of society 1. every citizen should have some
understanding of law and
2. observe it for the common good

6. Sources of Law

a. Constitution (the fundamental law or 1. written instrument by which the

supreme law or highest law) fundamental powers of the government
are established, limited, and defined,
and by which these powers are
distributed among the several

b. Legislation.
c. Administrative or executive orders,
regulations, and rulings
d. Judicial decisions or jurisprudence
e. Custom
f. Other sources (not binding on the
courts)
departments for their safe and useful
exercise for the benefit
2. promulgated by the people themselves,
binding on all individual citizens and
all agencies of the government.
3. Basis for conformance of It is the all
other laws enacted by the legislature
(as well as administrative or executive
acts, orders and regulations having the
force of law)
4. laws that are inconsistent with the
Constitution shall be void and the latter
shall govern
1. consists in the declaration of legal rules
by a competent authority
2. preponderant source of law
3. includes ordinances enacted by LGU
4. enacted law or statute law (acts pass by
legislature)
1. issued by administrative officials under
legislative authority
2. intended to clarify or explain the law
and carry into effect its general
provisions.
3. valid when they are not contrary to the
laws and Constitution.
1. The decisions of the Supreme Court,
applying or interpreting the laws or the
Constitution form part of the legal
system of the Philippines
- doctrine of precedent or stare
decisis (binding on all subordinate
courts)
- may reverse or modify any of its
previous rulings
- its judgments are applied to all
1. consists of long and uninterrupted
habits and practices which have
become acknowledged and approved by
society as binding rules of conduct
2. has the force of law when recognized
and enforced by the state
3. must be proved as a fact according to
the rules of evidence
4. applied by courts in the absence of law
or statute exactly applicable to the
point in controversy.
1. Added principles of justice and equity,
2. decisions of foreign tribunals,
3. opinions of textwriters, and religion
7. Law on Obligation and Contracts Defined
- the body of rules which deals with the nature and sources of obligations and the
rights and duties arising from agreements and the particular contracts

8. Civil Code of the Philippines

- Republic Act No. 386
- civil law refers to the law found primarily in Civil Code.
- based mainly on the Civil Code of Spain which took effect in the Philippines on
December 7, 1889.
- Approved on June 18, 1949 and took effect on August 30, 1950.
- divided into four books
- Book IV of the Civil Code deals with obligations and contracts

9. Conclusive Presumption of Knowledge of Law

- Ignorance of law excuses no one from compliance therewith.
- Reasons for presumption that everyone is conclusively presumed to know the law:
a. If not be binding until they are actually known, then social life will be impossible
b. impossible to prove the contrary when a person claims ignorance of the law
c. absurd to absolve those who do not know the law and increase the obligations of
those who know it
d. we carry norms of right and wrong, and a sense of duty
e. The rule is dictated not only by expediency but also by necessity because it may
lead to evasion

CHAPTER 1: General Provisions of the Law

1. Definition of Obligation

Latin word of obligatio means tying or binding.

It is a tie or bond which one is bound in favor of another to

render something — and this may consist in giving thing,
doing a certain act, or not doing a certain act

Civil Code stresses the duty under the law 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

juridical necessity in case of noncompliance, the courts of justice may be called

upon by the aggrieved party to enforce its fulfillment or, in
default, the economic value that it represents

Nature of obligations under A civil obligations-give to the creditor or obligee a right

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

Essential requisites 1. A passive subject (called debtor or obligor)

2. An active subject (called creditor or obligee)
3. Object or prestation (subject matter of the obligation)
4. A juridical or legal tie (also called efficient cause)

Form of obligations (way
an obligation is manifested or
incurred)
1. General rule- 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.

Distinction from Obligation,
right, and wrong
1. Obligation- act or performance which the law will
enforce
2. Right- the power which a person has under the law, to
demand from another any prestation.
3. A wrong (cause of action)- an act or omission of one
party in violation of the legal right or rights

Kinds of obligation according
to the subject matter
1. Real obligation (obligation to give)- the subject matter is
a thing which the obligor must deliver to the obligee.
2. Personal obligation (obligation to do or not to do)-the
subject matter is an act to be done or not to be done.
Two kinds of personal obligation:
(a) Positive personal obligation or obligation to do
or to render service
(b) Negative personal obligation is obligation not to
do (which naturally includes obligations “not to
give”).

2. Sources of Obligations and their concepts: 

a. Law
- when they are imposed by law itself
b. Contracts
- when they arise from the stipulation of the parties.
c. Quasi-Contracts
- when they arise from lawful, voluntary and unilateral acts which are enforceable to
the end that no one shall be unjustly enriched or benefited at the expense of another.
- these obligations may be considered as arising from law.
d. Crimes or acts or omissions punished by law
- When they arise from civil liability which is the consequence of a criminal offense.
e. Quasi-Delicts or torts
- when they arise from damage caused to another through an act or omission, there
being fault or negligence, but no contractual relation exists between the parties.

5 sources of obligations.
1. emanating from law
2. emanating from private acts which may be
 arising from licit acts, in the case of contracts and quasi-contracts (infra.)
  arising from illicit acts, which may be either punishable in the case of delicts or
crimes, or not punishable in the case of quasi-delicts or torts. (infra.)

Actually, there are only two (2) sources:

law and contracts, because obligations arising from quasi-contracts, delicts, and quasi-
delicts are really imposed by law. (see Leung Ben vs. O’Brien, 38 Phil. 182.)

3. Law
ART. 1158. Obligations derived from law are not presumed. Only those expressly determined in
this Code or in special laws are demandable, and shall be regulated by the precepts of the law
which establishes them; and as to what has not been foreseen, by the provisions of this Book
 refers to legal obligations or obligations arising from law
 not presumed because they are considered a burden upon the obligor.
 They are the exception, not the rule.
To be demandable, they must be clearly set forth in the law, i.e., the Civil Code or special laws
(refer to all other laws not contained in the Civil Code.)

4. Contracts

ART. 1159. Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith.
 contractual obligations or obligations arising from contracts or voluntary agreements
 presupposes that the contracts entered into are valid and enforceable

Contractual obligations
A contract is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service.
(1) Binding force.
 have the force of law between the contracting parties, i.e., they have same
binding effect of obligations imposed by laws.
 does not mean, howeve0……….r, that contract is superior to the law.
 as a source of enforceable obligation, contract must be valid (cannot be
valid if it is against the la)

(2) Requirement of a valid contract.

 not contrary to law, morals, good customs, public order, and public policy.
 invalid or void if it is contrary to law, morals, good customs, public order,
or public policy.
 In the eyes of the law, a void contract does not exist.
 no obligations will arise.
 A contract may be valid but cannot be enforced. This is true in the case of
unenforceable contracts.

5. Quasi-Contracts
ART. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of
Chapter 1, Title XVII of this Book

Quasi-contractual obligations
  juridical relation resulting from lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other to the end that no one will be unjustly
enriched or benefited at the expense of another. (Art. 2142.)
 not properly a contract at all.
 there is no consent but the same is supplied by fiction of law.
 The law considers the parties as having entered into a contract, although they have
not actually did so, and irrespective of their intention, to prevent injustice

Kinds of quasi-contracts

a. Negotiorum gestio- voluntary management of the property or affairs of another

without the knowledge or consent of the latter
b. Solutio indebiti- 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
 There is no right to receive the thing delivered; and
 The thing was delivered through mistake

Compliance in good faith

 in accordance with the stipulations or terms of the contract or agreement.

 sincerity and honesty must be observed
 non-compliance by a party with his legitimate obligations after receiving the benefits
of a contract would constitute unjust enrichment on his part.

6. Delicts
ART. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws,
subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
(1092a)

CIVIL LIABILITY ARISING FROM CRIMES OR DELICTS

 commission of a crime causes not only moral evil but also material damage. Thus,
 criminally liable for an act or omission is also civilly liable for damages. (Art.
100, Revised Penal Code.)
 in crimes which cause no material damage (like contempt, insults to persons in
authority, gambling, violations of traffic regulations, etc.),
 there is no civil liability to be enforced.
 But a person not criminally responsible may still be liable civilly (Art. 29; Sec. 2[c],
Rule111, Rules of Court.), such as failure to pay a contractual debt, causing damage to
another’s property without malicious or criminal intent or negligence, etc.

SCOPE OF CIVIL LIABILITY

(1) Restitution;
(2) Reparation for the damage caused; and
(3) Indemnification for consequential damages. (Art.
104, Revised Penal Code.)
7. Quasi-Delicts
Obligations arising from quasi-
delicts. (governed by the
provisions of Chapter 2, Title XVII
of this Book, and by special laws)
Requisites of quasi-delict
Crime distinguished from quasi-delict
CRIME
criminal or malicious intent or
criminal negligence
purpose is punishment
affects public interest
generally two liabilities: criminal
and civil
can not be compromised or settled
by the parties themselves
guilt of the accused must be
proved
beyond reasonable doubt
an act or omission by a person (tortfeasor) which causes
damage to another in his person, property, or rights
giving rise to an obligation to pay for the damage done,
there being fault or negligence but there is no pre-
existing
contractual relation between the parties
1. an act or omission;
2. fault or negligence;
3. damage caused;
4. direct relation or connection of
cause and effect between the act or omission and
the damage;
5. no pre-existing contractual relation
between the parties
QUASI-DELICT
negligence
indemnification of the offended party
concerns private interest
only civil liability
liability for quasi delict can be compromised as any
other civil liability
Fault or negligence of the defendant need only be proved
by preponderance (i.e., superior or greater weight) of
evidence