REVIEWER IN OBLICON

Meaning of Law
 Any rule of action or any system of authority.
 In general, it 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.
Divisions of Law
 Law (in strict legal sense) which is promulgated and enforced by the state;
 Law (in the non-legal sense) which is not promulgated and enforced by
the state.
Laws which are promulgated and enforced by the State
 Legislation
 Laws passed by a legislative body; ordinances passed by city or
municipal councils, as well as presidential decrees which have the
force and effect of law.
 Judicial Jurisprudence
 Judicial decisions of the Supreme Court called “Stare Decisis”,
which adopted and followed by lower courts in deciding cases of
similar nature and circumstances in their respective salas.
 Customs
 Habit or practice accepted by society as a rule or conduct acquired
through long and continuous usage.
 Example: Magna Carta of England, custom may be applied to
resolve any controversy in the event, that the law is silent or
ambiguous or insufficient on the question at hand.
Other sources
 These sources which may be resorted to y the courts to assist them in
making their decisions are:
 Religion,
 Decisions of foreign courts,
 Other principles of justice and equity
Requisites of Custom to be proven valid as a source of Law
 The act has been constantly and repetitiously performed as a general
practice by a great majority, if not all, of the people in the locality or
community;
 It has been a continued practice for a long period of time;
 It has been generally regarded as a proper rule of conduct;
 It is not contrary to law, public morals or public policy
Laws which are not promulgated and enforced by the State

Divine Law
 It is the law of religion and faith which concerns itself with the concept of
sin and salvation.
Natural Law
 It is defined as the divine inspiration in man of the sense of justice,
fairness, and righteousness, not by divine revelation or formal
promulgation but internal dictates of reason alone.
Moral Law
 It is the totality of norms of good and right conduct growing out of the
collective sense of right and wrong of every community.
Physical Law
 In the operation or course of nature, there are uniformities of actions and
orders of sequence which are the physical phenomena that we sense and
feel.
Concepts of State Law
 The mass of obligatory rules established for the purpose of governing the
relations of persons in society.
 A rule of conduct, just, obligatory, promulgated by legitimate authority, and
of common observance and benefit.
Characteristics of Law
 It is a rule of conduct
 It is obligatory
 It is promulgated by legitimate authority
 It is common observance and benefit
Sources of Law
 Constitution
 Legislation
 Administrative or Executive Orders, Regulations, and Rulings
 Judicial Decisions or Jurisprudence
 Custom
 Other Sources
Classifications of Law
As to Purpose:
 Substantive Law
 That portion of the body of law creating and defining specific rights,
responsibilities, duties and obligations as individuals and as
members of society.
 Adjective Law
  That portion of the body of law prescribing the manner and
procedure by which rights may be enforced or their violations
redressed.
Classifications of Law
As to Subject Matter:
 Public Law
 The body or legal rules which regulates the rights and duties arising
from the relationship of the state to the people.
 It embraces International Laws, Constitutional Laws, Administrative
Law, Criminal Law.
 Private Law
 The body of rules which regulates the relations of individuals with
one another for purely private ends, such as those laws pertaining
to Persons and Family Relations, Property, Obligations and
Contracts.
Law on Obligations & Contracts
 It is a body of rules which deals with the nature and sources of obligations
and the rights and duties arising from agreements and particular contracts.

ART. 1163 - Every person obliged to give something is also obliged to take care
of it with the proper diligence of a good father of a family, unless the law or the
stipulation of the parties requires another standard of care.
ART. 1664 - The creditor has a right to the fruits of the thing from the time
obligation to deliver it arises. However, he shall acquire no real right over it until
the same has been delivered to him.
ART. 1165
(1) When what is to be delivered is a determinate thing, the creditor, in addition to
the right granted him by Art. 1170, may compel the debtor to make the delivery.
(2) If the thing is indeterminate or generic, he may ask that the obligation be
complied with at the expense of the debtor.
(3) If the obligor delays, or has promised to deliver the same thing to two or more
persons, who do not have the same interest, he shall be responsible for any
fortuitous event until he has effected the delivery
ART. 1166 - The obligation to give a determinate thing includes that of delivering
all its accessions and accessories, even though they may not have been
mentioned.
ART. 1167_ If a person obliged to do something fails to do it, the same shall be
executed at his cost. This same rule shall be observed if he does it in
contravention of the tenor of the obligation. Furthermore, it may be decreed that
what has been poorly done, be undone.
Art. 1168. When the obligation consists in not doing, and the obligor does what
has been forbidden him, it shall also be undone at his expense. (1099a)
Art. 1169 - those obliged to deliver or to do something incur in delay from the
time the obligee judicially or extra-judicially demands from them the fulfi llment of
their obligation
Art. 1170. Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof,
are liable for damages
Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any
waiver of an action for future fraud is void.
Art. 1172. Responsibility arising from negligence in the performance of every
kind of obligation is also demandable, but such liability may be regulated by the
courts, according to the circumstances
Art. 1173. The fault or negligence of the obligor consists in the omission of that
diligence which is required by the nature of the obligation and corresponds with
the circumstances of the persons, of the time and of the place. When negligence
shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall
apply.
Art. 1174. Except in cases expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the
assumption of risk, no person shall be responsible for those events which could
not be foreseen, or though foreseen, were inevitable. (1105a) which,
Art. 1175. Usurious transactions shall be governed by special law.
Art. 1176. The receipt of the principal by the creditor without reservation with
respect to the interest, shall give rise to the presumption that said interest has
been paid. The receipt of a later installment of a debt without reservation as to
prior installments, shall likewise raise the presumption that such installments
have been paid. Presumptions of law in article 1176
Art. 1177. The creditors after having pursued the property in possession of the
debtor to satisfy their claims, may exercise all the rights and bring all the actions
of the latter for the same purpose, save those which are inherent in his person;
they may also impugn the acts which the debtor may have done to defraud them.
Art. 1178 - subject to the laws, all rights acquired in virtue of an obligation are
transmissible, if there has been no stipulation to the contrary.