INTRO TO LAW
LAW ON OBLIGATION AND CONTRACTS
INTRODUCTION TO LAW
The General Nature of Law
What is Law?
- The term law means any rule of action or any system of uniformity.
General division of law.
1. Law ( in the strict legal sense) - Promulgated (or declared) and enforced by the state.
- Refers to what is known as the State Law.
2. Law ( in the non-legal sense) - Not promulgated and enforced by the state. (The state is not
directly concerned)
- Includes the Divine Law, Natural Law, Moral Law, and Physical Law.
Subjects of Law
● Divine Law
- Is the law of religion and faith which concerns itself with the concept of sin (as contrasted
with crime) and salvation.
- a. Under Ten Commandments, given by God through Moses.
- b. Divine law differs according to what one believes. Like the Mohammedans, divine law
is embodied in the Muslim Quran. The Christians, - The Bible.
- Sanction - The sanction of divine law lies in the assurance of certain rewards and
punishments in the present life, in the life to come. Like the common belief of going to
heaven (salvation) or to hell (sin).
- Lying, saying bad words, or blasphemy might be considered sins according to religious
teachings, even if they are not always crimes under human law.
- Obligation - Obligation to go to church, pray, or abide by the ten commandments.
● Natural Law
- May be defined as the divine inspiration to man of the sense of justice, fairness, and
righteousness. Not by divine revelation or formal promulgation, but by internal dictates
of reason alone. - People can determine what is right or wrong by using their intellect or
understanding and conscience, rather than relying on laws imposed by authorities.
- Binding force - Natural law applies to all people, regardless of culture, religion, or
government.
- Based on human nature. Can simply identify good or bad or evil. (Individual)
- Natural law has been regarded as the reasonable basis of state law.
- Example. Right to life, self-defense, justice, fairness
- Obligations - Our obligation to be respectful towards others.
● Moral Law
- The totality of the norms of goods and right conduct growing out of the collective sense
of right and wrong of every community.
- It involves shared beliefs about good conduct and ethical decision-making within a
community. Obedience to them was demanded by the group. if one disregards a
spontaneous social reaction is produced in the form of public displeasure or criticism. Or
if there is conformity, social response in the form of public pleasure or approval.
LAW ON OBLIGATION AND CONTRACTS
- Moral law is not absolute, it varies with the changing times. For example, today’s women’s
fashion dresses are socially allowed but at different times, they would have been morally
condemned.
- Obligation ex. Care for family members: In many cultures, there is a moral obligation to care
for aging parents or family members who can no longer care for themselves.
● Physical Law
- Physical phenomenas that we feel.
- Known as the laws of physical science or physical law.
- Example. Law of gravitation and the law of chemical combination.
● State Law
- Promulgated and enforced by the state.
- Also called positive law, municipal law, civil law, or imperative law,
- Rule of action, once violated, legal action may be enforced.
Concepts of (state) Law
The term law may be understood in;
1. In its general sense, it refers to all the laws taken together. It may be defined as “The mass of
obligatory rules established for the purpose of governing the relations of persons in society.”
- Examples of the use of law in this sense are: “Law of the land,” “rule of law and not of
men,” “equality before the law” “enforcement of the law’
2. In its specific sense, the term has been defined as “a rule of conduct, just, obligatory,
promulgated by legitimate authority, and of common observance and benefit.”
- "Isang tuntunin ng pag-uugali, makatarungan, obligadong sundin, ipinatutupad ng
lehitimong awtoridad, at kailangang sinusunod at nakikinabang ang nakararami."
Characteristics of Law
1. It’s a rule of conduct - it tells us what shall be done and what shall not be done.
2. It is Obligatory - Law is considered as a positive command imposing a duty to obey, otherwise it
will face legal sanction.
3. It is promulgated by legitimate authority.
4. It is of common observance and benefit.
Sources of Law
1. Constitution
2. Legislation
3. Administrative or executive orders
4. Juridical decisions or jurisprudence
5. Custom
6. Other sources
Rule in case of doubt in interpretation or application of laws
- Our Civil Code provides that “No judge or court shall decline to render judgement by reason of
the silence, obscurity or insufficiency of the laws.” (Art. 9, Civil code)
LAW ON OBLIGATION AND CONTRACTS
- “In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.”
- The ultimate end of the law is justice.
Organs and Controls
- Law is not an end in itself. It may be viewed as a means of social control, the control of social
behavior that affects others.
- In modern pluralistic societies, there are many organs of social control, for instance, in the
Philippines, Legal institutions, national and local. Other organizations, such as churches, schools,
etc., through rules, regulations and orders, control some of the behavior of their members.
Law compared with other means of social control
- There are several basic differences between social control through law and control through other
methods.
Organizations of Courts
1. Regular Courts
2. Special Courts
3. Quasi-judicial agencies
Classifications of Law
1. As to its purpose
- a. Substantive law - that portion of the body of law creating, defining, and regulating
rights and duties which either be public or private in character.
- b. Adjective law - that portion of the body of law prescribing the manner or procedure by
which rights may be enforced or their violations redressed. Also called remedial law or
procedural law.
2. As to its subject matter
- a. Public law or the body of legal rules which regulates the rights and duties arising from
the relationship of the state to the people.
- b. Private law or the body of rules which regulates the relations of individuals with one
another for purely private ends.
Law on obligations and contracts defined.
- The law of obligations and contracts is 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.
Civil Code of the Philippines
- The law on obligations and contracts is found in the Republic Act. No. 386, otherwise known as
the civil code of the Philippines. When we speak of civil law, we refer to the law found primarily
in our Civil code. The Civil code of the Philippines took effect on August 30, 1950.
Conclusive presumption of knowledge of law
- “Ignorance of the law excuses no one from compliance therewith.”
