INTRODUCTION TO LAW

Law is any rule of action or system of uniformity. There are 2 divisions of law which are Strict Legal Sense
(promulgated and enforced by the State) and Non-Legal Sense (which is NOT promulgated and enforced by the
State.) Subjects of law are Divine (religion), Moral (ethics), Natural (conscience), Physical (nature) and State Law.

State Law is promulgated and enforced by the State; influenced and shaped by the Moral Law and Natural
Law is regarded as the reasonable basis. The two concepts of it are in its General Sense (the mass obligatory to rules
established for the purpose of governing the relations of the people.) and in its Specific Sense (a rule of conduct,
just, obligatory, promulgated by legitimate authority and of common observance and benefit.)

If the life without law would be the same as it is now, then it is not needed. No society can be stable. The
law secures justice, resolves social conflicts, order society, protects interests and controls social relations. As a
member of the society, we should have some understanding of the law and observe it for the common good.

Sources of law are;

 Constitutions (the written instrument by which the fundamental power of the government are
established, limited and defined and by which these powers are distributed among the several
departments for their safe and useful exercise for the benefit of the people.)
 Legislation (declaration of legal rules by a competent authority; statute or enacted law.)
 Administrative or executive orders, regulations and rulings (intended to clarify or explain the law ad
carry on its general provisions.
 Judicial decisions of jurisprudence (stare decisis or doctrine of precedent is that the decision of the
superior court on a point of view of the law are binding on all the subordinate courts.)
 Customs (habits and practices which through long and uninterrupted usage have become acknowledge
and accepted by the society as a binding force.)
 Other sources. (not binding on the courts.)

Organization of the Courts are as follows:

1. Regular Courts (Supreme Court at the top; Others are: Court of Appeals, Regional Trial Courts.)
2. Special Courts (Special Anti-Graft Court, Sandiganbayan)
3. Quasi-judicial Agencies (SEC, LTFRB, COA; for settlement and adjudication of disputes.)

Classification of law as to its purpose are: (1) Substantive Law (portion of the body of law creating, defining
and regulating rights and duties; and (2) Adjective Law (prescribes the manner or procedure by which the
rights may be enforced, or their violations redressed.)

Classifications of law as to its subject matter are: (1) Public Law (regulates the rights and duties from the
relationship of the state of the people; and (2) Private Law (regulates the relation of individuals with one
another for purely private ends.)

“No judge or court shall decline to render judgement by reason of the silence; Justice must prevail. “

Civil Code of the Philippines (R.A. No. 386) is based mainly on the Civil Code of Spain which took effect on
December 7, 1889. It was approved as an R.A. on June 18, 1949 and took effect on August 30, 1950. It is divided into
four books in which, Book IV is ObliCon. Title I. Obligations (Art. 1156-1304); Title II. Contracts (Art. 1305-1422); and
Title III. New Provision N.O. (Art. 1423-1430)

“Ignorance of law excuses no one from compliance therewith.” (Art. 3, Civil Code)
CLASSIFICATION OF OBLIGATIONS
A: From the viewpoint of:
1. Sanction
a. Civil – gives a right of action to compel their performance.
b. Natural– not based on positive law but on equity and natural law; does not grant
a right of action to enforce their performance, but after voluntary fulfillment b
y the obligor, they authorize retention of what has been delivered/ rendered by r
eason thereof.
c. Moral– cannot be enforced by action but are binding on the party who makes it i
n conscience and natural law.
2. Performance
a. Positive – to give; to do
b. Negative – not to do
3.Subject matter
a. Personal – to do; not to do
b.Real – to give
4. Object
a.Determinate / specific – particularly designated or physically segregated from all oth
ers of the same class.
b.Generic– is designated merely by its class or genus.
c.Limited generic– generic objects confined to a particular class.
5. Person obliged
a. Unilateral – only one party is bound
b. Bilateral – both parties are bound
6. Creation
a. Legal – imposed by law
b. Conventional – established by the agreement of the parties like contracts
7. Susceptibility of partial fulfillment
a. Divisible – obligation is susceptible of partial performance
b. Indivisible – obligation is not susceptible
8. Existence of burden or condition
a. Pure – is not burdened with any condition or term. It is immediately demandable.
b. Conditional – is subject to a condition which may be suspensive (happening of w
hich shall give rise to the obligation) or resolutory (happening terminates the o
bligation).
9. Character of responsibility or liability
a.Joint – each debtor is liable only for a part of the whole liability and to each creditor s
hall belong only a part of the correlative rights
 b.Solidary – a debtor is answerable for the whole of the obligation without prejudice
to his right to collect from his co‐
debtors the latter’s shares in the obligation (Art. 1207, NCC)

10. Right to choose and substitution

a.Alternative – obligor may choose to completely perform one out of the several pr
estations\
b.Facultative – only one prestation has been agreed upon, but the obligor may re
nder one in substitution of the first one (Art. 1206, NCC)
11. Imposition of penalty
a. Simple – there is no penalty imposed for violation of the terms thereof
b. Obligation with penalty – obligation which imposes a penalty for violation

TITLE I. OBLIGATIONS
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1156. AN OBLIGATION IS A JURIDICAL NECESSITY TO GIVE, TO DO OR NOT TO DO.

“Obligatio” means tying or binding. An obligation is a legal duty, however created, the violation of which
may become the basis of an action of law. It is based on positive law which gives rise to civil obligations and not to
natural obligations. Every obligation has four definite elements, without which no obligation can exist, to wit: (1) an
active subject, (obligee or creditor) who has the power to demand the prestation; (2) a passive subject, (obligor or
debtor) who is bound to perform the prestation; (3) an object (prestation or subject matter) subject to give, to do
or not to do; (4) The juridical or legal tie, the vinculum which binds the contracting parties. The juridical tie or
vinculum is based on the sources of obligation arising from either the law or contract. The law does not require any
forms of obligations arising from contract and in other sources, there are no forms at all.

For illustration: In an obligation to pay taxes, the passive subject is the taxpayer, the active subject is the
government through the Bureau of Internal Revenue, the prestation is ―to give, specifically to pay taxes, the juridical
tie is a source of obligation arising from law.

Obligations can be Real Obligations (to give) or Personal Obligations which could be Positive (to do) or
Negative (not to do)

ARTICLE 1157. OBLIGATIONS ARISES FROM: LAW, CONTRACTS, QUASI-CONTRACTS, ACTS OR OMISSION
PUNISHABLE BY LAW, AND QUASI-DELICTS

It arises from: (1) Law when they are imposed by the law itself. (Paying of taxes.); (2) Contracts when there’s
a meeting of minds. (Repay a loan.); (3) Quasi-Contracts arise from lawful, voluntary and unilateral acts which results
to a good end; (4) Crimes or Delicts when there’s a criminal liability then there’s a civil liability.; and (5) Quasi-Delicts
or torts when they arise from negligence resulting to damage.

Sources classified as those (1) emanating from law; (2) emanating from private acts such as licit acts
(contracts and quasi-contracts and illicit acts (delicts which is punishable by law and quasi-delicts which is not.)
ARTICLE 1158. OBLIGATONS DERIVED FROM LAW ARE NOT PRESUMED. ONLY THOSE EXPRESLLY DETERMINED IN
THIS CODE OR IN SPECIAL LAWS ARE DEMANDABLE AND SHALL BE REGULATED BY THE PERCEPTS OF THE LAW
WHICH ESTABLISHES THEM; AND AS TO WHAT HAS NOT BEEN FORESEEN, BY THE PROVISIONS OF THIS BOOK.

ARTICLE 1159. OBLIGATIONS ARISING FROM CONTRACTS HAVE THE FORCE OF LAW BETWEEN THE CONTRACTING
PARTIES AND SHOULD BE COMPLIED IN GOOD FAITH.

Contract is the meeting of minds between two parties whereby one binds himself, with respect to the other,
to give something or to render some services. It is valid if it is not contrary to a law, morals, good customs, public
order and public policy. Compliance in good faith or fulfillment in accordance with the stipulation of the contract
must be sincere and honest.

ARTICLE 1160. OBLIGATIONS ARISING FROM QUASI-CONTRACTS SHALL BE SUBJECT TO THE PROVISIONS OF
CHAP.1 TITLE XVII OF THIS BOOK.

The law considers that the parties entered a contract although they have not actually done it. Two kinds
are Negotiorum Gestio (volunteerism) and Solutio Indebiti (one can’t be unjustly enriched at the expense of another.)

ARTICLE 1161. CIVIL OBLIGATIONS ARISING FROM CRIMINAL OFFENSES SHALL BE GOVERNED BY THE
PENAL LAWS, SUBJECT TO THE PROVISIONS OF ART. 2177 AND THE PERTINENT PROVISIONS OF
CHAPTER 2 PRELIMINARY TITLE, ON HUMAN RELATIONS AND OF TITLE XVIII OF THIS BOOK,
REGULATING DAMAGES.

Crime causes not only material damages but also moral damages. Every person criminally liable
for an act or omission is also civilly liable for damages. It is governed by the Revised Penal Code and the
Civil Code.

1. Restitution;
2. Reparation of the damages caused and;
3. Indemnification for consequential damages.

ARTICLE 1162. OBLIGATIONS DERIVED FROM QUASI-DELICTS SHALL BE GOVERNED BY THE PROVISIONS
OF CHAPTER 2, TITLE XVII OF THIS BOOK, AND BY SPECIAL LAWS.

A person (tort-feasor) causes damage to another person giving rise to an obligation

(indemnification if the offended party.) There being fault or negligence but there is no pre-existing
contract between the parties. Before a person can held liable for quasi-delict, the following must be
present:

1. There must be an act or omission;

2. There must be a fault or negligence;
3. There must be damage caused;
4. There must be a connection between the act or omission and the damage and;
5. There is no pre-existing contract between the parties.
 CHAPTER 2. NATURE AND EFFECT OF OBLIGATIONS
There’s a specific or determinate thing which refers to a thing particularly designated or physically
segregated with others of the same class and there’s also a generic or indeterminate thing where it refers to a class
or genus which it pertains and has no particularity (Genus never perishes.)

I. To give a determinate thing

 Primary Obligation: Giving what is supposed to be given.
 3 Accessory Obligations:
2. ARTICLE 1163. EVERY PERSON OBLIGED TO GIVE SOMETHING IS ALSO OBLIGED TO TAKE
CARE OF IT WITH THE PROPER DIIGENCE OF A GOOD FATHER OF A FAMILY, UNLESS THE LAW
OR THE STIPULATION OF THE PARTIES REQUIRES ANOTHER STANDARD OF CARE.

 General Rule: Diligence of a good father of the family

 Exception: Law or stipulation requires different standard of care. Law is the min.
 If through negligence, something causes the thing damage, the debtor is liable
for damages.
3. ARTICLE 1164. THE CREDITOR HAS A RIGHT TO THE FRUITS FROM THE TIME THE OBLIGATION
TO DELIVER IT ARISES. HOWEVER, HE SHALL ACQUIRE THE NO REAL RIGHT OVER THE IT
UNTIL THE SAME HAS BEEN DELIVERED TO HIM.
 Ownership is transferred only by delivery. Hence, creditor’s right over the fruits
is merely personal (right or power of the creditor to demand from the debtor)
and not real (right or interest over a thing without specific passive subject.)
 Example: A sold to B a mango plantation to be delivered on January 1. Come
January 1, A did not deliver. A instead sold the fruits to C, a buyer in good faith.
B sues A for specific performance. Court awards the plantation to B. Does B
have a right to the fruits? Yes, as against A. No, as against C, because B’s right
over the fruits is only personal. B’s remedy is to go against A for the value of the
fruits.
3. To deliver the accessions and accessories (Article 1166)
 Don’t take accession in the technical sense (or else, it might overlap with ii).
Understand it to mean things that go with the thing to be delivered (i.e. radio of
the car).
  ARTICLE 1165. WHEN WHAT IS TO BE DELIVERED IS A DETERMINATE THING, THE
CREDITOR, IN ADDITION TO THE RIGHT GRANTED HIM BY ARTICLE 1170, MAY COMPEL
THE DEBTOR TO MAKE THE DELIVERY.

IF THE THING IS INDETERMINATE OR GENERIC, HE MAY ASK THAT THE OBLIGATION BE

COMPLIED WITH AT THE EXPENSE OF THE DEBTOR.

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.

 Remedies Available to the Creditor

1. Specific performance – the debtor must perform it personally; a
substitute cannot perform the obligation because it is specific.
2. Equivalent performance – damages may be obtained exclusively or in
addition to the 1st action.
The requisites of a valid prestation are:
1. Possible, physically and juridically;
2. Determinate, or at least determinable according to pre‐established elements or criteria; and
3. Has a possible equivalent in money.

TERMINOLOGIES
 Stare Decisis or doctrine of precedent is that the decision of the superior court on a point of view of
the law are binding on all th
 e subordinate courts.
 Negotiorum Gestio is the voluntary management of the affairs of another without their consent or
knowledge.
 Solutio Indebiti is when one cannot be unjustly enriched at the expense of another.
 Tort-feasor is a person who caused damage to another person
 Compliance in good faith is the fulfillment in accordance with the stipulation of the contract must be
sincere and honest.

Mora solvendi – default on the part of the debtor/obligor

a. Ex re – default in real obligations (to give)

b. Ex personae – default in personal obligations (to do)

Kinds of Period (Art. 1193):

1. Ex die - period with a suspensive effect. Obligation becomes demandable after the lapse of the
period.

2. In diem - period with a resolutory effect. Obligation is demandable at once but is extinguished
upon the lapse of the period