What is the definition of law in the strict legal Law (in the strict legal sense) is promulgated and

sense? enforced by the state.

What are the general divisions of law? The general divisions of law are state law and law in
the non-legal sense.

What is divine law? Divine law is the law of religion and faith that
concerns itself with the concept of sin and salvation.

What is the source of divine law? Divine law is formally promulgated by God through
direct revelation.

What is the sanction of divine law? The sanction of divine law is the assurance of
certain rewards and punishments in the present life
or the afterlife.

What is the source of Natural Law? Divine inspiration in man of the sense of justice,
fairness, and righteousness, by internal dictates of
reason alone.

What is the binding force of Natural Law? Ever present and binding on all men everywhere
and at all times, basic understanding of right and
wrong.

How does Natural Law compare to Divine Law? It is impressed in man as the core of his higher self
at the very moment of being or, perhaps, even
before that.

What is the place of Natural Law in State Law? Reasonable basis of state law.

What is Moral Law? Totality of the norms of good and right conduct
growing out of the collective sense of right and
wrong of every community.

What determines what is right and wrong in Moral Mores or ways of life.
Law?

What is the sanction of Moral Law? No definite legal sanction. Disregard leads to social
reaction of public displeasure, contempt or
indignation, while conformity leads to spontaneous
response and approval.
What is the binding force of Moral Law? Moral law is not absolute, it varies with the changing
times.

What is the place of Moral Law in State Law? It influences or shapes state law.

What is Physical Law? Laws of Physical Science or Physical Law.

What do Physical Laws describe? Uniformities of actions and orders of sequence.

What is the definition of physical law? Laws of Physical Science or Physical Law -
Uniformities of actions and orders of sequence
which are the physical phenomena that we sense
and feel.

What is the order or regularity in nature? Objects have no power to disobey, certain results
follow certain causes.

What is state law? Laws promulgated and enforced by the state.

What are some other names for state law? Positive Law, Municipal Law, Civil Law, Imperative
Law.

What is the binding force of state law? Only state law is enforced by the state with the aid
of its physical force, if necessary.

What does state law concern with? State law does not concern with violations of divine,
natural, moral, and physical law unless they also
constitute violations of its commands.

What are the concepts of state law in the general or All the laws taken together - "The mass of obligatory
abstract sense? rules established for the purpose of governing the
relations of persons in society."

What are the concepts of state law in the specific or Rule of conduct, just, obligatory, promulgated by
material sense? legitimate authorities.

What are the characteristics of law? It is a rule of conduct, obligatory, promulgated by

legitimate authority, and of common observance
and benefit.

What is the role of the legislature in promulgating The legislature is the competent authority in the
laws? Philippines that enacts laws, known as statutes.
What are the sources of law? The Constitution is the fundamental law,
promulgated by the people themselves, and serves
as the highest law.

What is the highest law of the land in the The Constitution.

Philippines?

What is the purpose of legislation? To declare legal rules by a competent authority.

What are administrative or executive orders, They are issued by administrative officials under
regulations, and rulings? legislative authority to clarify or explain the law and
carry into effect its general provisions.

What is the doctrine of precedent or stare decisis? It refers to the decisions of the courts applying or
interpreting the laws or the Constitution, which form
part of the legal system of the Philippines.

What is custom in the context of law? It refers to habits and practices that have become
acknowledged and approved by society as binding
rules of conduct.

What must be proved as fact according to the rules The application of law.
of evidence?

What may be applied by courts in the absence of Other sources.

law or statute exactly applicable to the point in
controversy if not contrary to the law?

What are some examples of other sources that may Principles of justice and equity, decisions of foreign
be used by courts? tribunals, opinions of text writers, and religion.

What is the rule in case of doubt in interpretation or No judge or court shall decline to render judgment
application of laws? by reason of the silent obscurity (vagueness/doubt)
or insufficiency of the laws.

What are some examples of legal institutions? Churches, corporations, political parties, trade
associations, schools, labor unions, professional
organizations, social clubs, families, and hosts of
others.

What is the purpose of a remedial sanction? To indemnify the person who has suffered damages
or injury from a violation of law.
What is the purpose of a penal sanction? To punish the violator.

What is due process? Procedural steps, hearing, and fair opportunity.

What is the object of penal sanction? The punishment of the violator.

What is the meaning of due process? Procedural steps, hearing, and fair opportunity.

What is judicial power? The power to decide actual cases and controversies
involving the interpretation and application of laws.

What is the judiciary composed of? The courts, one of the three main divisions of power
in the PH government.

What are the top 3 regular courts? Courts of General or Superior Jurisdiction.

What is the Sandiganbayan? A special anti-graft court.

What is the Court of Tax Appeals? A special tax court created by law, on the same
level as the Court of Appeals.

What are quasi-judicial agencies? Administrative bodies under the executive branch
performing quasi-judicial functions.

What is the purpose of substantive law? Creating, defining, and regulating rights and duties
which may be either public or private in character.

What are the classifications of law based on its Substantive Law.

purpose?

What are the different types of courts in the Supreme Court, Court of Appeals, Regional Trial
Philippine judicial system? Courts, Municipal Trial Courts, Municipal Circuit
Trial Courts - 2 or more cities/municipalities.

What is the purpose of Remedial Law? It prescribes the manner or procedure by which
rights may be enforced or their violations redressed.

What is the subject matter of Public Law? It regulates the rights and duties arising from the
relationship of the state to the people.
Give an example of a branch of Public Law. Criminal law - it defines crimes and provides for
their punishment, violating the rights of individual
victims and the state.

What is the subject matter of Private Law? It regulates the relations of individuals with each
other.

What does criminal procedure govern? The methods of trial and punishment in criminal
cases.

What does private law regulate? The relations of individuals with one another for
purely private ends.

What does civil procedure refer to? The means by which private rights may be
enforced.

What does the Law on Obligations and Contracts The nature and sources of obligations and the rights
deal with? and duties arising from agreements and contracts.

What does the Civil Code primarily consist of? The law primarily found in the Civil Code.

When did the Civil Code of Spain take effect in the December 7, 1889.
Philippines?

When was the Civil Code approved as Republic Act June 18, 1949.
No. 386?

When did the Civil Code take effect in the August 30, 1950.
Philippines?

What does Book IV of the Civil Code deal with? Obligations and contracts.

What does Title I, Articles 1156-1304 of the Civil Obligations.

Code cover?

What does Title II, Articles 1305-1422 of the Civil Contracts.

Code cover?

What does Title III, Articles 1423-1430 of the Civil Natural obligations.
Code cover?
According to the Civil Code, does ignorance of the
law excuse anyone from compliance?
What is the definition of an obligation according to
the Civil Code?
What is a right?
What is wrong or injury?
What is juridical necessity?
What are civil obligations?
What are natural obligations?
What are the essential requisites of an obligation?
What is the passive subject in an obligation?
What is the active subject in an obligation?
What is the object or prestation in an obligation?
What is the juridical or legal tie in an obligation?
No, ignorance of the law excuses no one from
compliance.
The Civil Code defines an obligation as the passive
aspect, merely stressing the duty under the law of
the debtor or obligor.
A right is a power which a person has under the law
to demand for another any prestation.
Wrong or injury refers to the act or omission of one
party in violation of the legal right or rights.
Juridical necessity refers to the need to enforce the
fulfillment of an obligation or, in default thereof, the
economic value it represents. It also includes being
liable for damages, which is a sum of money given
as compensation for the injury or harm.
Civil obligations are obligations which give the
creditor or obligee a right under the law to enforce
their performance in courts of justice.
Natural obligations are not based on positive law
but on equity and natural law. They do not grant a
right of action to enforce their performance,
although in case of voluntary fulfillment by the
debtor, the latter may not recover what has been
delivered or rendered by reason thereof.
The essential requisites of an obligation include a
passive subject (debtor or obligor), a active subject
(creditor or obligee), and the prestation or object of
the obligation.
The debtor or obligor.
The creditor or obligee.
The conduct required to be observed by the debtor.
It binds or connects the parties to the obligation and
is the source of the obligation.
What is the form of an obligation? It can be oral, in writing, or partly oral and partly
writing.

What are the two general rules regarding the form (1) The law does not require any form in obligations
of obligations? arising from contracts for their validity or binding
force. (2) Obligations arising from other sources do
not have any form at all.

What is a real obligation? A real obligation is an obligation to give, where the

subject matter is a thing which the obligor must
deliver to the oblige.

What is a personal obligation? A personal obligation is an obligation where the

subject matter is an act to be done or not to be
done.

What is a positive personal obligation? A positive personal obligation is an obligation to do

or to render service.

What is a negative personal obligation? A negative personal obligation is an obligation not

to do or not to give.

What are the four sources of obligations? (1) Law, (2) Contracts, (3) Quasi-contracts, (4)
Crimes or Acts or Omissions.

What is considered as arising from law? Obligation to return money paid by mistake or not
due.

What are crimes or acts or omissions punished by They arise from civil liability which is the
law? consequence of a criminal offense.

What are quasi-delicts or torts? 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.

What are the two sources of obligations? Law and contracts.

What are special laws? All other laws not contained in the Civil Code
(Corporation Code, Negotiable Instruments Law,
Insurance Code, National Internal Revenue Code,
Revised Penal Code, Labor Code, etc).
What is a contract? A meeting of minds between two persons whereby
one binds himself, with respect to the other, to give
something or to render some service.

What is the binding force of obligations? Obligations have the force of law.

What are the five sources from which obligations Law, contracts, quasi-contracts, acts or omissions
arise? punished by law, and quasi-delicts.

Are obligations derived from law presumed? No, obligations derived from law are not presumed.

What is the force of obligations arising from Obligations arising from contracts have the force of
contracts? law between the contracting parties and should be
complied with in good faith.

What are the requirements for a valid contract? All essential elements must be present, it must not
be contrary to law, morals, good customs, public
order, and public policy, and it must not be void.

What is the definition of a void contract? A void contract does not exist, so no obligations will
arise.

What is the definition of an unenforceable contract? An unenforceable contract is a contract that must
be valid but cannot be enforced.

What is the definition of a breach of contract? A breach of contract occurs when a party fails or
refuses to comply with their obligations under the
contract as promised.

What is the purpose of compliance in good faith? Compliance in good faith means performing in
accordance with the stipulations or terms of the
contract to prevent one party from taking unfair
advantage over the other.

What is the definition of a contract? A contract is a meeting of the minds or consent

between parties.

What is a quasi-contract? A quasi-contract is a legal fiction where the law

considers parties as having entered into a contract,
even if they have not actually done so, to prevent
injustice or unjust enrichment.
What is negotiorium gestio?
What is solutio indebiti?
What is the definition of Solutio Indebiti?
What are the requisites of quasi-delict?
What is the scope of civil liability for damages
arising from crimes?
What is the relationship between criminal liability
and civil liability?
What is the difference between a crime and a
quasi-delict?
What is the difference between crime and
quasi-delict?
What is the purpose of criminal liability?
What is the purpose of civil liability in quasi-delict?
Can criminal liability be compromised or settled by
the parties themselves?
Negotiorium gestio is the voluntary management of
the property or affairs of another without their
knowledge or consent.
Solutio indebiti is a juridical relation created when
someone mistakenly pays another person when
there is no obligation to do so.
A juridical relation which is created when something
is received when there is no right to demand it and it
was unduly delivered through mistake (Art 2154).
1. There must be an act or 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 or
omission and the damage. 5. There is no
pre-existing contractual relation between parties.
1. Restitution. 2. Reparation for the damage
caused. 3. Indemnification for consequential
damages (Art 104, Revised Penal Code).
Every person criminally liable for an act or omission
is also civilly liable for damages (Art 100, Revised
Penal Code). However, a person not criminally
responsible may still be civilly liable (Art 29; Sec.
2[c]. Rule 111, Rules of Court).
A crime is criminal or malicious in nature, while a
quasi-delict is based on fault or negligence.
Crime involves criminal or malicious intent or
criminal negligence, while quasi-delict involves only
negligence.
The purpose of criminal liability is punishment.
The purpose of civil liability in quasi-delict is
indemnification of the offended party.
No, criminal liability cannot be compromised or
settled by the parties themselves.
How is the guilt of the accused in a crime proven?
What is the standard of proof for civil liability in
quasi-delict?
What are the provisions that govern obligations
derived from quasi-contracts?
What are the provisions that govern civil obligations
arising from criminal offenses?
What are the provisions that govern obligations
derived from quasi-delicts?
What governs delicts?
The guilt of the accused in a crime must be proved
beyond reasonable doubt.
The standard of proof for civil liability in quasi-delict
is proved by preponderance of evidence.
Obligations derived from quasi-contracts are subject
to the provisions of Chapter 1, Title XVII of this
Book.
Civil obligations arising from criminal offenses are
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.
Obligations derived from quasi-delicts are governed
by the provisions of Chapter 2, Title XVII of this
Book, and by special provisions.
The provisions of Chapter 2, Title XVII of this Book
and by special laws.