Introduction to Law ●​ General - refers to the body of rules that

Law - Law is a system of rules that a country applies to all people within a given
or state creates and enforces to control how territory. It's a broad, abstract concept that
people behave. It helps keep order, settles governs the overall relationships between the
disagreements, and protects people's rights. government and its citizens. This includes
laws that define crimes like murder or theft,
Kinds of Law which apply to everyone, regardless of their
●​ Divine Law - promulgated by a certain status. For example, Traffic laws are a form
religious belief, laws relating to the of general law because they apply to every
teachings of a certain religion. e.g., driver on the road.
Christian faith, there are laws that we need ●​ Specific - also known as material law- is a
to follow. more focused concept. It refers to a
●​ Natural Law - more neutral in the sense that particular rule or set of rules that governs a
it does not favor one religion or another. specific situation or a particular class of
e.g., if on the debate of abortion, the divine people. It deals with the relationships
law is clear that you shall not kill, between private individuals or entities, such
therefore, it is wrong under divine law, but as contracts or property rights. Specific laws
not necessarily under natural law, depending are more detailed and narrowly defined. For
on the justification for doing something, example, A law outlining the specific
because it is again based on reason. requirements for a marriage contract is a
●​ Moral Law - these are rules governing what is specific law because it only applies to people
right and wrong, and moral law can be who are getting married.
subjective and more or less objective. If it's
to begin it may differ from one culture to Characteristics of Law
another what is right or wrong in one culture ●​ Rule of Conduct - guiding and regulating human
may not be that may not be necessarily the behavior. It sets standards for what is
same with another culture that is the idea of considered acceptable and unacceptable in
morals, morality is somehow culturally society. For example, traffic laws are rules
subjective in a sense now sometimes there are of conduct that dictate how drivers should
things that we can say the wrong in one behave on the road to ensure safety.
culture and right in another culture but then ●​ Obligatory - it must be obeyed by all
these are rules governing morals and it is citizens. Failure to comply can result in
within the context of culture of a certain sanctions or penalties. This characteristic
group or a collective another kind. ensures that the law is taken seriously and
●​ Physical Law - these are more advanced has a real impact on people's actions. An
versions of theories like the law of gravity. example is the legal requirement to pay taxes;
The law of gravity states that something that not doing so can lead to fines or
goes up must go down. It is not necessarily imprisonment.
governing humans, but the natural world, the ●​ Promulgated by Legitimate Authority - it must
physical world. be created by an official body with the power
●​ State Law - law created and enforced by the to do so. In most democratic countries, this
government to regulate society. It is also is the legislative branch of the government,
called positive law, municipal law, civil law, like a Congress or Parliament. This ensures
or imperative law. State law deals with rules that laws are created through a proper,
for things like contracts, marriage, constitutional process and not by just anyone.
elections, justice, and the overall ●​ Common Observance and Benefit - they are
functioning of government. Unlike natural or designed to be followed by everyone and to
moral laws, it has binding force because it is promote the general welfare of society. This
enforced by the state using physical force if characteristic ensures that the law serves the
needed. greater good, fostering order, justice, and
stability. An example is a law establishing
Concepts of State Law
 public parks, which benefits the entire ●​ Private Law - Regulates the relation of
community. individuals with one another for purely
private ends.
Sources of Law ➢​Civil Law - This is a broad category for
●​ Constitution - the fundamental and supreme law non-criminal legal issues between people.
of the land. It covers things like a dispute over a
●​ Legislation - including Acts of Congress, fence or a disagreement about a service.
municipal charters, municipal legislation, ➢​Commercial Law - Governs the rights,
court rules, administrative rules and orders, obligations and relations of persons
legislative rules, and presidential issuances. engaged in trade or business activities
●​ Executive Order - intended to clarify or ➢​Civil Procedure - a branch of private law
explain the law and implement the law. which provides for the means by which
●​ Judicial Decisions - Article 8 of the Civil private rights may be enforced.
Code provides that ‘judicial decisions
applying to or interpreting the laws, or the General Provisions on Obligations
Constitution shall form part of the legal
system of the Philippines’. Obligation (Art. 1156 NCC) -​ An obligation
●​ Custom - habits and practices which, through is a juridical necessity to give, to do and not
long and uninterrupted usage, have become to do.
acknowledged and approved by society as
binding rules of conduct. Juridical Necessity - in case of
noncompliance, the courts of justice may be
Classification called upon for its fulfillment.
a.​As to purpose DAMAGES – sum of money given as a compensation
●​ Substantive Law - is the "what." It defines for the injury or harm suffered by the obligee
people's rights and duties. For example, the for the violation of his right.
law that says "you have the right to own a
car" is substantive law. Essential Requisites of Obligation
●​ Procedural Law - is the "how." It explains ●​ Passive Subject (debtor/obligor) - the person
the process for enforcing those rights. It who is bound to the fulfillment of the
tells you how to file a lawsuit, how to obligation. Has the duty to perform.
present evidence in court, and how a judge ●​ Active Subject ( creditor/obligee) - the
will make a decision. person who is entitled to demand. Has the
b.​As to subject matter right to demand.
●​ Public Law - Regulates the rights and duties ●​ Object/Prestation (subject matter) - the
arising from the relationship of the state conduct required to be observed by the debtor.
to the people. what is to be given, done and not done.
➢​Criminal Law - Defines crimes, their ●​ Juridical/Legal tie (efficient cause) - binds
nature, and provides for their or connects the parties.
punishment.
➢​Constitutional law - the fundamental law PRESTATION (Object)
of the land. It governs the relation of a 1.​ TO GIVE – delivery of a thing to the creditor
state to its citizens. (in sale, deposit, pledge, donation);
➢​International Law - Governs the 2.​ TO DO – covers all kinds of works or services
interaction and conduct between (contract for professional services);
countries, and the rights and duties of 3.​ NOT TO DO – consists of refraining from doing
the citizens of a country toward the some acts (in following rules and regulations)
citizens of another country.
➢​Administrative Law - Governs the Requisites of Prestation / Object
activities of administrative agencies of 1.​licit (if illicit, it is void)
the government. 2.​possible (if impossible, it is void)
3.​determinate or determinable (or else, void)
4.​pecuniary value ●​ PERSONAL OBLIGATION – the obligation to do or
not to do (e.g. the duty to paint a house, or
INJURY – wrongful act or omission which causes to refrain from committing a nuisance)
loss or harm to another DAMAGE – result of
injury (loss, hurt, harm) C. From the affirmativeness and negativeness of
the obligation
KINDS OF OBLIGATION ●​ POSITIVE OR AFFIRMATIVE OBLIGATION – the
obligation to give or to do
A. From the viewpoint of “sanction” ●​ NEGATIVE OBLIGATION – the obligation not to do
●​ Civil Obligation - gives the creditor a right (which naturally inludes not to give)
under the law to enforce their performance
●​ Natural Obligation - not being based on D. From the viewpoint of persons obliged -
positive law. Moral or social duty that is not “sanction” -
legally enforceable, but if voluntarily ●​ UNILATERAL – where only one of the parties is
fulfilled, the obligor can retain what was bound (e.g. Plato owes Socrates P1,000. Plato
delivered or rendered. must pay Socrates.)
➢​Art 1424 -If the time to sue for a debt ●​ BILATERAL – where both parties are bound (e.g.
has expired, the debtor cannot be forced In a contract of sale, the buyer is obliged to
to pay. But if he voluntarily pays, he deliver)
cannot demand the money back. -​ may be:
➢​Art 1425 -If someone else pays your old (b.1) reciprocal
debt without your knowledge, they cannot (b.2) non-reciprocal – where performance by
sue you for reimbursement. But if you one is nondependent upon performance by the
willingly reimburse them, you cannot ask other
for it back later.
➢​Art 1426 -If a minor (18–21) makes a Sources of Obligations (Art. 1157)
contract without parental consent, the 1.​Law (Art. 1158) - Directly imposed by law. Ex.
contract can be annulled. If the minor, : Parents must support children
after annulment, voluntarily returns what 2.​Contracts (Art. 1159) - Agreements that must
he got (money or property), he cannot be performed. Ex. : Pay rent as agreed
demand it back, even if he didn’t benefit 3.​Quasi-contracts (Art. 1160) - No agreement,
➢​Art 1427 - If a minor (18–21) without but fairness requires an obligation because
consent voluntarily pays money or delivers one benefited at the expense of another.
goods, he cannot ask for it back if the ●​ Solution Indebiti (Payment by mistake)
creditor already spent/used it. ●​ Negotiorum gestio (voluntary management of
➢​Art 1428 - If someone is sued for an another person’s abandoned property)
obligation and the court decides he 4.​Delicts/Crimes (Art. 1161) - If you commit a
doesn’t have to pay, but later he still crime, you may also be obliged to pay damages.
voluntarily pays, he cannot demand a Ex. : Thief must return stolen property,
refund Criminal acts.
➢​Art 1429 - If an heir pays a dead person’s CRIMINAL LIABILITY INCLUDES:
debt even if it’s more than what he 1.​Restitution: This is about restoring stolen or
inherited, the payment is valid and he lost property. The goal is to return the exact
cannot cancel it. item that was taken. For example, if someone
➢​Art 1430 - If a will is not legally stole a painting, they must return that
followed, but an heir still pays a specific painting. Even if a third person
gift/legacy written in that void will, the bought the painting without knowing it was
payment is valid and cannot be undone. stolen, the rightful owner still gets it back.
The innocent buyer would then have to sue the
B. From the viewpoint of subject matter thief to get their money back.
●​ REAL OBLIGATION – the obligation to give 2.​Reparation of the Damage Caused: This involves
paying for the damage that a crime caused to a
 person or their property. The court decides person cannot be jailed, but can still be sued
the amount.For instance, if a person and ordered to pay for damages.
vandalized a car, they'd have to pay for the 5.​Quasi-delicts (Art. 1162) - Fault or
cost of repairing the dents and scratches. negligence (not a crime) that causes damage to
This can also include non-monetary value, like another. Ex. : Reckless driver pays damages
the sentimental value of a destroyed family REQUISITES:
heirloom. a. omission
3.​Indemnification for Consequential Damages: b. negligence
This is about paying for additional damages c. damage cause to the plaintiff
that are a direct result of the crime. This d. direct relation of omission, being the
can include damages suffered by the victim's cause, and the damage, being the effect
family or other people. For example, if the e. no pre-existing contractual relations
victim of a crime had to miss work because of between parties Fault or Negligence – consists
their injuries, the criminal may have to pay in the omission of that diligence which is
for the victim's lost wages. The victim's required by the nature of the obligation and
family might also be compensated for emotional corresponds with the circumstances of the
distress. person, time, and of the place.

Effect of Acquittal in a Criminal Case 1158. Obligations from law are not presumed. Only
Acquittal those (1) expressly determined in this code or (2)
●​ Acquittal due to Reasonable Doubt: This means in special laws are demandable, and shall be
the prosecution didn't have enough evidence to regulated by the precepts of the law which
prove guilt beyond a reasonable doubt, the establishes them; and as to what has not been
high standard required in criminal court. In foreseen, by the provisions of this code.
this case, there is no civil liability. The ●​ Unless such obligations are EXPRESSLY provided
person is completely cleared and cannot be by law, they are not demandable and
sued for civil damages related to the same enforceable, and cannot be presumed to exist.
crime. ●​ The Civil Code can be applicable suppletorily
●​ Acquittal due to an Exempting Circumstance: to obligations arising from laws other than
This happens when a person committed a the Civil Code itself.
criminal act but is legally excused from ●​ Special laws – refer to all other laws not
criminal punishment. An example is a person contained in the Civil Code.
who acted in self-defense or someone who is
legally insane. Even though they aren't 1159. Obligations arising from contracts have the
criminally liable, they can still be held force of law between the contracting parties and
civilly liable for the harm they caused. For should be complied with in good faith.
example, a person who, due to insanity,
destroyed someone else's property might not go ●​ CONTRACT – meeting of minds between two
to jail but could still be ordered to pay for persons whereby one binds himself, with
the damages. respect to the other, to give, to do something
●​ Acquittal due to Preponderance of Evidence: or to render some service; governed primarily
This situation is the opposite of a reasonable by the agreement of the contracting parties.
doubt acquittal. It means there was enough ●​ VALID CONTRACT – it should not be against the
evidence to find the person responsible, but law, contrary to morals, good customs, public
not enough to meet the "beyond a reasonable order, and public policy.
doubt" standard for criminal conviction. The -​ In the eyes of law, a void contract does not
standard for civil cases is lower exist and no obligation will arise from it.
("preponderance of the evidence"), which means ●​ OBLIGATIONS ARISING FROM CONTRACTS – primarily
it's more likely than not that the person governed by the stipulations, clauses, terms
committed the act. Since the evidence shows and conditions of their agreements.
responsibility, there is civil liability. The -​ If a contract’s prestation is unconscionable
(unfair) or unreasonable, even if it does
 not violate morals, law, etc., it may not be
enforced totally.
-​ Interpretation of contract involves a
question of law.

COMPLIANCE IN GOOD FAITH – compliance or

performance in accordance with the stipulations
or terms of the contract or agreement.
FALSIFICATION OF A VALID CONTRACT – only the
unauthorized insertions will be disregarded; the
original terms and stipulations should be
considered valid and subsisting for the partied
to fulfill.

1160. Obligations derived from quasi-contracts

shall be subject to the provisions of chapter 1,
title 17 of this book.
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
in Human Relations, and of Title 18 of this book,
regulating damages.
1162. Obligations derived from quasi-delicts shall
be governed by the provisions of chapter 2, title
17 of this book, and by special laws.

●​ Obligor - The debtor or the person who has the

duty to give, to do, or not to do something.
●​ Obligee - The creditor or the person who has
the right to demand the performance of the
obligation.