INTRODUCTION TO LAW MEANING OF LAW - any rule of action or any system of uniformity.

(comprehensive sense) - rule of conduct, just and obligatory, promulgated by legitimate authority, for common observance and benefit. (specific sense) GENERAL DIVISION OF LAW LEGAL SENSE promulgated and enforced by the state. or STATE LAW NON-LEGAL SENSE not promulgated /enforced by state. a. Divine law c. moral law b. natural law d. physical law a. Divine law law of religion and faith; promulgated by God. Ex. Ten Commandments; Bible, Quran b. Natural law internal dictate of reason in man of his sense of justice, fairness and righteousness. (law of nature; conscience) c. Moral law - the totality of norms of good and right conduct growing out of the collective sense of right and wrong in every community; varies with changing times, conditions or convictions of people. d. Physical law laws of physical science, addressed to objects. ex. law of gravity, law of inertia, STATE LAW - also known as positive law, municipal law, civil law, or imperative law. General/abstract sense mass of obligatory rules established for the purpose of governing the relations of persons in society. example of use: law of the land, equality before the law, rule of law and not of men, no one is above the law. Specific sense a rule of conduct, just and obligatory . . . ex. law on obligations and contracts

CHARACTERISTICS OF LAW (based on the definition of law in specific sense - 4 characteristics)

IS LAW NECESSARY IN A SOCIETY? YES because law secures justice, resolves social conflicts, orders society, protects interest, controls social relations.

FREEDOM MEANS THE ABSENCE OF LAW? - without freedom means slavery, absolute freedom breeds anarchy, controlled freedom means communism/socialism, freedom guaranteed by law is democracy (of the people, by the people, for the people) SOURCES OF LAW - Constitution, Legislation, Administrative/executive orders, regulations, and rulings, Judicial decision or jurisprudence or case law, Customs (established traditions) Other sources- principles of justice and equity, etc. ex. no person shall be unduly benefited at the expense of another; principle of estoppel CLASSIFICATION OF STATE LAW 1. Purpose: - A. substantive law B. adjective/ remedial/ procedural law

2.Subject matter: A. Public law (relation of state to people) ex. criminal law, constitutional law, administrative law B. Private law (relations of individuals for purely private purpose) ex. law on obligations and contracts, civil procedure. (note: State participation is an enforcer or as an arbiter/judge) IGNORANCE OF LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH. (Art. 3, NCC) - the rule is dictated by EXPEDIENCY and NECESSITY to prevent persons from easily evading the legal consequence of their acts or non-performance of legal duties. LAW ON 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. Source: NEW CIVIL CODE OF THE PHIL. 1156 to 1430

WHAT IS AN OBLIGATION? Ans. An obligation is a juridical necessity to give, to do or not to do. (1156) Note: only the duty of debtor is stressed. What is juridical necessity ? Ans: Legally enforceable; courts can be called upon: 1. to enforce compliance, or 2, if not possible, to have its economic value with damages, in proper case, be paid to the person whose right is violated. Does juridical necessity apply to all kinds of obligations ? Ans. NO. Applies only to CIVIL OBLIGATIONS-based on positive law. Not applicable to natural obligations which are based on equity and natural law ESSENTIAL REQUISITES OF OBLIGATION 1.Passive subject (debtor or obligor)- DUTY/OBLIGATION 2.Active Subject (creditor or obligee)-RIGHT 3.Object or prestation (subject matter) A. to give B. to do C. not to do 4. Juridical or legal tie (efficient cause)-BIND parties to obligation SOURCE of obligation Duty/obligation an enforceable ACT Right - power to demand the prestation Wrong or injury act or omission in violation of right of another. KINDS OF OBLIGATION ACCORDING TO PRESTATION 1. Real obligation (to give) THING ex. 2. Personal Obligation; a. Positive Personal Obligation (to do) ACT ex.

b. Negative Personal Obligation (not to do, including not to give) ex. SOURCES OF OBLIGATION (Art. 1157) 1.LAW imposed by law itself ex. obligation to deliver the thing itself in specific real obligation. - legal obligations: not presumed because they imposed BURDEN on the obligor. 2. CONTRACTS - stipulations of the parties ex. to pay interest at 3.5% per month - CONTRACTUAL OBLIGATION - have force of a law between contracting parties - COMPLIANCE IN GOOD FAITH (sincerity and honesty) 3.QUASI-CONTRACT lawful, voluntary and unilateral act which are enforceable to the end that no one shall be unjustly enriched at the expense of another (a principle of equity) KINDS: 1. SOLUTIO INDEBITI (payment by mistake) obligation to return Ex. 2. NEGOTIORUM GESTIO (unauthorized management) - obligation to reimburse for incurred expenses Ex. 4. CRIMES or Omissions punished by law (DELICT) civil liability aspect of a criminal offense. ex. duty to indemnify the victim or his heirs Scope of Civil Liability: 1. restitution 2. reparation for damage caused 3. indemnification for consequential damages. 5. QUASI-DELICT or Torts damage caused by negligent act or omission without contractual relation between the parties. ex. obligation of a person, who did shadow boxing in a crowded place, accidentally hit someone resulting to some eye-injury CRIME vs QUASI-DELICT 1.INTENT - criminal intent vs none 2.PURPOSE punishment vs indemnification 3.INTEREST AFFECTED public vs private 4.LIABILITIES two vs one 5.PROOF NEEDED proof beyond reasonable doubt vs preponderance of evidence NATURE AND EFFECT OF OBLIGATION Every person obliged to give something is also obliged to take care of it with the proper diligence of good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1163) OBLIGATION TO GIVE (REAL OBLIGATION) WHAT ARE THE TWO KINDS OF THING ? A. Specific/Determinate thing particularly designated or physically segregated from others of the same class.

ex. the car I am driving today, the necklace that your 1st boyfriend gave to you last summer.

B. Generic or indeterminate thing a class or genus, not particularized ex. - the sum of P1,000,000 - a cavan of rice - a 2006 Toyota car DUTIES OF DEBTOR IN SPECIFIC REAL OBLIGATION 1. Preserve the thing HOW? Ans. With diligence of a good father of a family What is diligence of a good father of a family? Ans. The ordinary care of a reasonably prudent person over his property. ex. Is this the only standard of care required in all specific real obligation? Ans. No. Other standard of care must be followed when law or contract requires such standard of care. Example. extra-ordinary (utmost) diligence imposed on common carrier to carry the passengers safely. Deliver the fruits of the specific thing. WHAT ARE THE KINDS OF FRUITS? 1.Natural fruits spontaneous product of soil, young of animal. ex. 2. Industrial fruits produce by land through human labor ex. 3. Civil fruits result of juridical relations. ex. When does the creditor acquire right over the fruits of the thing? Ans.- creditor has a right to the fruits of the thing from the time the obligation to deliver arises When does the obligation to deliver arises ? Ans. Obligation to deliver arises from the time of the perfection of the contract. When is a contract perfected? Ans. A contract is perfected when there is a meeting of minds between the parties (consensual contract) or when the thing is delivered (real contract). What kind of right to the fruits is acquired from the time the obligation to deliver arises ? Ans. Only personal right the right to demand from a definite passive subject (debtor) the fulfillment of his obligation. When the thing has already been delivered, what kind of right is acquired by the creditor over the fruits of the thing? Ans. The creditor acquires real right over the fruits.

What is real right ? Ans. Real right means the right over the specific thing (like ownership) without a definite passive subject). In other words, right directed against the whole world. 3. Deliver the accessions and accessories What are accessions? Accessories? Ans. Accessions are fruits of a thing or additions to or improvements upon a principal thing. Ex. house on a land, rents of building, air-con of a car Accessories things joined, included to principal for its embellishment, better use or completion. Ex. Key of house, frame of picture NOTE: accessions are not necessary to principal while accessories and principal go together. Are accessions and accessories included in specific real obligation even if not mentioned? Ans. Yes, a general rule, following the principle of law that accessory follows the principal. To be excluded, there must be agreement to that effect. In obligation to deliver the accessions or accessories of a thing, is the principal included? Ans. NO, unless otherwise stipulated. Ex. sale of improvements (house) on a land does not convey title or right over the land. 4. Deliver the thing itself What is the debtor refuses to deliver the thing itself ? Ans. The creditor can compel the debtor to make DELIVERY (specific performance) plus damages. NOTE: substitute performance not allowed. 5. Answer for damages in case of breach What are the four(4) grounds for liability for damages: 1.Fraud (deceit or dolo) 2.Negligence (fault or culpa) 3.Delay (mora) 4.Contravention of the terms of the obligations. NOTE: These grounds apply to all kinds of obligations. DUTIES OF DEBTOR in GENERIC REAL OBLIGATION 1. To deliver a thing which is of the quality intended by the parties. 2. To be liable for damages. What are the remedies of the CREDITOR in REAL OBLIGATION? In specific real obligation: 1. demand specific performance or fulfillment with right to damages 2. demand rescission or cancellation of obligation (in certain cases) with right to damages 3. demand payment of damages only. In generic real obligation: 1. Demand the generic thing of the quality intended by the parties taking into consideration the purpose of the obligation and other circumstances.

2. Where there is lack of precise declaration in the obligation as to the quality, demand the delivery of the generic thing of medium quality (neither superior nor inferior). 3. Demand that the obligation be complied with at the expense of the debtor. NOTE: 3rd par. 1165. 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 fortuitous event until he has effected the delivery. This provision applies only to specific real obligation because in relation to fortuitous event, the principle is GENUS NUNQUAM PERIT (genus never perishes).