The General Nature of Law
Chapter
Intriduction
Date
01-28-22
Law
any rule of action or any system of uniformity
>binding custom
>a rule of conduct or action prescribed and enforced by a controlling authority.
>a rule of conduct or action prescribed or formally recognized as binding or enforced by a
controlling authority
>Law secures:
Justice
Resolves social conflict
orders society
protects interests
controls social relations.
General divisions of Law
(1) Law (in strict legal sense) which is promulgated and enforced by the state; and
(2) Law (in non-legal sense) which is not promulgated by the state.
Subjects of Law:
Divine Law
>belongs to the field of philosophical theology
>law of religion - Promulgated by God through direct revelation.
>a law that is embodied by the concept of 10 commandments
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Natural Law
>a law that deals with metaphysics or first priniciples of things such as cause, identity, time, space
etc.
>is a formal promulgation and only inspired by the divine revelation that takes action that is
bounded in a sense of justice, fairness, and righeousness.
>It is dictated by the moral nature of a person. So his good and proper behavior is predicated on
his knowledge of the underlying standard or criteria of what constitutes good and evil
Moral Law
>a law that properly belongs to ethics.
>It is a law that talks about how each community grows together in a sense of what is right and
what is wrong. So a moral law is not fixed. It can vary depending on the convictions of the
emerging ways of people’s life.
Physical Law
>is a law based on scientific generalizations and empirical observations of physical behavior
>it is a law that takes action in accordance to the regularity where both the course of nature and
the society are involved. This law is based on empirical observations of physical behavior tested
from scientific experiments and methods. That is why it is also called as “laws of physical science
or physical law”
State Law
>The law that concerns us in which is enforced by the state
Concepts of State Law
General Sense- is established for the purpose of governing the people in the society.
Specific Sense- rule of conduct, just, obligatory, promulgated by the legitimate authority
and of common observance and benefit.
Sanction-is imposed when one violates a purey moral law
Characteristics of Law:
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It is a rule of conduct- tells us what must be done and not
It is obligatory- positive command imposing duty to obey and involving a sanction
It is promulgated by legitimate authority- are enacted under the legislative branch of our
government or Congress. It is established to enact ordinances that is bounded by the binding
force of laws.
It is of common observance and benefit- it is intended to serve man to maintain the human
relations in harmony in the society.
Sources of Law:
1. Constitution-based on a particular reference such as the Constitution of the Philippines. It is
considered as the highest law or supreme law in which established and enforced by the
government.
2. Legislation- based on a competent authority that declares legal rules that is so-called
enacted law or statute law.
3. Administrative or executive orders, regulations, and rulings- issued by the administrative
officials under the legislative authority. This is only valid when it’s not contrary to the laws of
the constitution
4. Juridical decisions or jurisprudence- based on Supreme court decision or the point of law
from the superior court that binds the lower/minor courts.
5. Custom- can be based on those habits and practices that has been acknowledge by the
society as a moral conduct.
Law on Obligations and Contracts
the body of rules which deals with the nature and sources of obligations and the rights and
duties arising from the agreements and the particular contracts.
CIVIL CODE OF THE PHILIPPINES
found in the Repulic Act (R.A.) 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
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ARTICLE 1156
An obligation is derived from the Latin word obligatio which means tying or binding
Article 1156 pertains to Civil Code definition of an obligation.
An obligation is a juridical necessity to give, to do, or not to do.
Obligation as a juridical necessity:
an obligation imposes on the obligor a duty to perform, and simultaneously creates a
corresponding right to demand performance by the obligee to whom performance is to be
tendered
>he who has the duty of giving, doing, or not doing
>An obligation is a juridical necessity because an obligation imposes on the debtor/obligor a duty
to perform and at the same time, it creates a corresponding right to demand performance by the
obligee to whom the right/duties must be tendered. So, if an obligor fails to comply on his duties
or break someone’s right he may be held accountable for it. In other words, the debtor must
comply with his obligations otherwise he can acquire undesirable consequences
Remember!
Obligor=Debtor
Obligee= Creditor/ he who has the right to the performance of the obligation
Nature of Obligations Under the Civil Code
Civil Obligations- are corresponding rights to an obligee that is bounded by the law to enforce
their performance in courts of justice.
Essential Requisites of an Obligation
Passive Subject- (Debtor or Obligor) the person who has the duty/obligation
Active Subject- (Creditor or Obligee) the person who is entitled by fulfillment of
duty/obligation. The one who acquire the rights.
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Object or Prestation- (subject matter of the obligation) the compliance of the debtor. There is
conduct required
Juridical Tie or Legal Tie- (also called efficient cause)
Kinds of obligation according to subject matter:
1. Real obligation (obligation to give)
>Subject matter: thing/object
2. Personal obligation (obligation to
do or not to do)
>Subject matter: an act to be done or not to be done
2 kinds of personal obligation:
*Positive personal obligation –obligation to do
*Negative personal obligation –obligation not to do
Obligation, Right, and Wrong Distinguished
(1) Obligation is the act or performance which the law will enforce
>this requires an action by complying to their duty
(2) Right power which a person has under the law, to demand from another any prestation
>
(3) Wrong (Cause of action) an act or omission of one party in violation of the legal right or rights.
Injury-is also used to refer the wrongful violation of the legal right of another.
THE ESSENTIAL ELEMENTS OF A LEGAL WRONG OR INJURY ARE:
1.) A legal right in favor of a person (creditor/obligee/plantiff)
2.) A correlative legal obligation on the part of another (debtor/obligor/defendant); to respect or
not to violate said right; and
3.) an act or omission by the latter in violation of said right with resulting injury or damage to
the former
Kinds of Obligation according to the subject matter
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Real obligation- (obligation to give) is that in which the subject matter is a thing which the
obligor must deliver to the obligee
>the object of the duty is something that the obligee is required to receive from the obligor.
Personal obligation-(obligation to do or not to do) is that in which the subject matter is an act
to be done or not to be done. It can be 2 kinds;
Positive personal obligation- TO DO, to render service
Negative Personal obligation-NOT TO GIVE
Article 1157
Obligations arise from:
1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts (1089a)
Souces of obligation
1. Law- when they are imposed by the law itself (e.g. obligation to pay your taxes, to
support one’s family”
1. Contracts- when they arise from the condition of the parties
Article 1306- The contracting parties may establish such stipulations, clauses terms
and conditions as may deem convenient, provided they are not contrary to law,
morals, good customs, public order, or public policy. (1255a)
Example: The obligation to repay a loan or indebtness by virtue of an agreement.
2. Quasi-contracts-when they arise from lawful voluntary and unilateral acts which are
enforceable to the end that no one shall be unjustly enriched or benefited at the expense
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of another. (Article 2142) In a sense, these obligation may be considered as arising from
law.
Quasi contracts are provision that ensure that no one is unfairly profited or benefitted
at the cost of another. In this way, both parties must have an equal supply of rights
Example: I got a beach promo package that contains a free breakfast. However,
during my stay at the beach a breakfast was sent to me by mistake that should be
supposedly on the other vacationer. Based on Article (2154) The obligation to return
money paid by mistake or which is not due. So, I was obliged to pay for that expense
I incurred.
ARTICLE 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical
relation of quasi-contract to the end that no one shall be unjustly enriched or
benefited at the expense of another.
Example: (Solutio indebiti) ARTICLE 2154. If something is received when there is no
right to demand it, and it was unduly delivered through mistake, the obligation to
return it arises. (1895) The obligation to return money paid by mistake
QUASI-CONTRACTS
The obligation to return money paid by mistake or which is not due.
1. Solutio Indebiti, exist when;
a) Something is recieved;
b) When there is no right to demand it;
c) It was unduly delivered through mistake.
Example;
Mr. A the assistant of Mr.B,in the absence of Mr.B, Mr.A received the amount of
5000 for the payment of B’s labor. Mr.A has the obligation to give the amount to
Mr.B.
2. Negotiorum Gestio, Which exist when one:
a) Voluntary takes charge of the agency or management of the business or
property of another.
b) Without any power from the latter.
Example;
Mr. Juan the caretaker of house for rent recieved the amount of more than the
boarders due. Mr. Juan without the power of the owner of the house
increase the payment which is not due to the boarders. Mr.Juan has the
obligation to return the money paid which is not due to the boarders.
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3. Crimes or acts or omissions punished by law- when they arise from civil liability which
is a consequence of a criminal offense. (Article 1161)
ARTICLE 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 Title, on Human Relations, and of Title XVIII of
this Book, regulating damages. (1092a)
Example: The obligation of a theif is to return the car he stoled; the duty of a killer is
to indemnify the heirs of their victim.
>An implied contract is where one party receives benefits from another party, under
such circumstances that the law presume a promise on the part of the party benefited
to pay a reasonable price for the same.
4. Quasi-delicts or Torts- when they arise from the damage caused to another through an
act or omission, there being fault or negligence, but no contractual relation exists between
the parties
>A quasi-delict or tort is when someone else is a harm inflicted by a party and there is
someone to blame or negligence, but there is no contract between the two people.
ARTICLE 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a quasi-delict
and is governed by the provisions of this Chapter. (1902a)
Example: The obligation of the head of a family that lives in a building or a part thereof to
answer for damages caused by things thrown or falling from the same (Art. 2193); the
obligation of the processor of an animal to pay for the damage which it may have caused.
(Art. 2183)
Article 1158
Art. 1158 – Obligations arising from law
not presumed (not expected)
always exist based on a legal basis (law)
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only those expressly and clearly
determined in the NCC (National Civil Code) or special
laws are demandable
Example: I told my friend that I will by him a free lunch or snack but then I forgot ( It wasn’t
intentional tho) In that case, I’m still I’m not obliged to buy him so because there is no law that
tells us that if we don’t buy someone a free lunch or snack it is considered as illegal. So, for it
to be an obligation it must be determined by the NCC or special laws.
Article 1159
Art. 1159 – Obligations arising from
contracts
- have the force of law between the
contracting parties
Compliance in good faith – in
accordance with the stipulations or
terms of the agreement
Contract is a meeting of minds
between two persons whereby one
binds himself, with respect to the
other, to give something or to render
some service (Art. 1305)
Essential requisites of a contract –
consent, object, consideration (COC)
Example: Me and Juan both agreed to buy his house for 500,000. So as a buyer, I already
signed the contract upon our agreement. But then days after, Juan decided to set his selling
price to 1,000,000. It is already considered ineffective because there is already an agreed
contract that exist between the two parties which is us. But then still, Juan is hesitant and
wants to claim that his selling price is1,000,000. At this point, there is a breach of contract
because Juan violated our deal. So, this provision tells us that one must comply his duty
under a formal contract because if the latter didn’t comply to his obligation, he will be
punished by law knowing that contracts are said to be bounded by a law and should be
complied in good faith.
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-May same binding effect ka and si latter because you are binded in a certain contract. Both
are obliged to comply on their duties. May right of action ako sa damage (as an
obligee/creditor) because I signed the contract.
Article 1160
Art. 1160 – Obligations arising from quasi-contracts
>No consent
>Figuratively speaking there is a contract because the law already anticipate the parties that
will be engaged under a certain contract. But in reality, there is really no consent to the parties
involved that they must do a certain obligation. The parties didn’t undergone formal
agreement.
Kinds:
Negotiorum gestio – voluntary management of the property or affairs of another without
the knowledge or consent of the latter (Art.2144)
Solutio indebiti – 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)
Article 1161
Civil Obligations arising from criminal offenses
Shall be governed by penal laws
Every person criminally liable for an act or omission is also civilly liable for damages (Art.
100, Revised Penal Code)
>Criminal liability are those crimes you commited that could get you imprisones (estafa, rape,
murder, etc)
Scope of civil liability:
o Restitution – the thing itself shall be restored
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o Reparation – payment of damages based on the price of the thing, whenever possible, and
its special sentimental value to the injured party
o Indemnification –consequential damages for injury caused and suffered by the family or a
third person by reason of the crime
Article 1162
What is a quasi contract as defined in Article 2142? what are its elements?
>Quasi contracts are provision that ensure that no one is unfairly profited or benefitted at the
cost of another. So in that case, both parties must have an equal supply of rights .
The underlying principle why quasi-contract is a source of obligation because
it is enriched by law which means It is created by a judge to correct a circumstance in which
one party acquires something at the expense of the other. According to Article 1156 (see on
the book) an obligation exist when there is a juridical necessity to do, to give, or not to do. In
that case quasi-contract aims to prevent one party from unfairly benefiting from the situation
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at the other party's expense it allows a particular party not to do a certain act that will
overcome the expense of the other.
Kinds of Quasi Contracts:
>Negotorioum Gestio- this is a voluntary management from another party without the consent
of the other party
For instance, I went on a vacation and left my pet at home. Then my house accidentally set
on fire. So, my neighbor voluntarily saved my pet without my consent. This is considered
negotorium gestion
>Solutio Indebiti- this is a type of quasi contract in which one party receive’s something but
has no right to demand for it because it is caused by mistake.
For example,
Article 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.
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Kapag ang obligasyon ay obligasyong hindi gawin ang isang bagay, at ginawa ng may
obligasyon ang ipinagbabawal, ito ay kailangang ipasawalang bisa ng gumawa gamit ang
sariling gastos.
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