Chapter
1 – Introduction to Law and Obligations
Identification
1)
Law – in general, it means rule
of action or any system of uniformity.
2)
Divine Law – the law of
religion and faith which concerns itself with the concept of sin and salvation.
It is given through direct revelation by God.
3)
Natural law – it is the inward
instinct of justice, fairness and righteousness in man as inspired by his
higher nature.
4)
Moral law – totality of the
norms of good and right conduct growing out of the collective sense of right
and wrong of every community.
5)
Physical law – uniformities of
actions and orders of sequence which are the physical phenomena that we sense
and feel.
6)
State law – law that is
promulgated and enforced by the state. It is also called positive law, municipal
law, civil law or imperative law.
7)
Law – in general sense, it is
the mass of obligatory rules established for the purpose of governing the
relations of persons in society.
8)
Rule of conduct – law tells us
what shall be done and what shall not be done.
9)
Obligatory – law is a positive
command imposing a duty to obey and involving a sanction which forces
obedience.
10)
Congress – name of the
legislative branch of our government.
11)
Constitution – the written instrument,
by which the fundamental powers 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. Also called
fundamental law, supreme law or highest law of the land.
12)
Legislation – it consists in
the declaration of legal rules by a competent authority.
13)
Enacted law or statute law –
acts passed by the legislature.
14)
Administrative rules and
regulations- are intended to clarify or explain the law and carry into effect
its general provisions.
15)
Judicial decisions or
jurisprudence – the decisions of the courts (Supreme Court) applying or
interpreting the laws or the Constitution form part of the legal system of the
Philippines.
16)
Doctrine of Precedent or Stare
Decisis – The decisions of a superior court on a point of law are binding on
all subordinate courts.
17)
Custom – it consists of those
habits and practices which through long and uninterrupted usage have become
acknowledged and approved by society as binding rules of conduct.
18)
Remedial – if the object is the
indemnification of the person who has suffered damages or injury from a
violation.
19)
Penal – if the object is the
punishment of the violator.
20)
Due process – procedures before
the law operates against an individual.
21)
Substantive law – that portion
of the body of law creating and defining rights and duties.
22)
Adjective law – that portion of
the body of law prescribing the manner or procedure by which rights may be
enforced or their violations redressed. Sometimes called remedial law or
procedural law.
23)
Public law – body of legal
rules which regulates the rights and duties arising from the relationship of
the state to the people.
24)
Criminal law – the law which
defines crimes and provides for their punishment.
25)
International law – law which
governs the relations among nations or states.
26)
Constitutional law – which
governs the relations between the state and its citizens
27)
Administrative law – which
governs the methods by which the functions of administrative authorities are to
be performed.
28)
Criminal procedure – or that
branch of private law which governs the methods of trial and punishment in
criminal cases.
29)
Private law – the body of rules
which regulates the relations of individuals with one another for purely
private ends.
30)
Civil Procedure – that branch
of private law which provides for the means by which private rights may be
enforced.
31)
Law of obligations and
contracts – 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.
32)
Republic act no. 386 –
otherwise known as Civil Code of the Philippines. Important dates: December 7,
1889; June 18, 1949; August 30, 1950.
33)
Obligation – is a juridical
necessity to give, to do or not to do. It is derived from the Latin word
obligation which means tying or binding. It is a tie or bond recognized by law
by virtue of which one is bound in favor of another to render something – and
this may consist in giving a thing, doing a certain act, or not doing a certain
act.
34)
Juridical necessity – in case
of non compliance, the courts of justice may be called upon to enforce its
fulfillment or, in default thereof, the economic value that it represents.
35)
Damages – This represents the
sum of money given as a compensation for the injury or harm suffered by the
creditor or obligee (he who has the right to the performance of the obligation)
for the violation of his rights.
36)
Civil obligations – obligations
which give to the creditor or obligee a right under the law to compel their
performance.
37)
Natural Obligations – based on
equity and natural law. It does not grant a right of action to enforce their
performance although in case of voluntary fulfillment by the debtor, the latter
may not recover what has been delivered or rendered by reason thereof.
38)
Passive subject – (debtor or
obligor) the person who is bound to the fulfillment of the obligation; he who
has a duty.
39)
Active subject – (creditor or
obligee) the person who is entitled to demand the fulfillment of the
obligation; he who has a right.
40)
Object or prestation – (subject
matter of the obligation) the conduct which must be observed by the debtor.
41)
Juridical or legal tie – (also
called efficient cause) that which binds or connects the parties to the
obligation.
42)
Obligation – is the act or
performance which the law will enforce.
43)
Right – is the power which a
person has to demand from another any prestation.
44)
Wrong – (cause of action)
according to its legal meaning, is an act or omission of one party in violation
of the right of another. Also called injury.
45)
Real obligation – (obligation
to give) is that in which the subject matter is a thing which the obligor must
deliver to the obligee.
46)
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.
47)
Positive personal obligation –
obligation to do or to render service.
48)
Negative personal obligation –
is obligation not to do (which naturally includes obligations “not to give”)
49)
Law – when they are imposed by
law itself.
50)
Contracts – when they arise
from the stipulation of the parties.
51)
Quasi-contracts – when they
arise from lawful, unilateral and voluntary acts which are enforceable to the
end that no one shall be unjustly enriched or benefited at the expense of
another.
52)
Crimes or delicts – when they
arise from civil liability which is the consequence of a criminal offense.
53)
Quasi-delicts or torts – when
they arise from damage caused to another through an act or omission, there
being fault or negligence, but no contractual relation exists between the
parties.
54)
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.
55)
Compliance in good faith –
means compliance in accordance with the stipulations or terms of the contract
or agreement. Sincerity and honesty must be observed to prevent one party from
taking unfair advantage over the other.
56)
Negotiorum gestio – is the
voluntary management of the property or affairs of another without the
knowledge or consent of the latter.
57)
Solutio indebiti – is the
juridical relation which is created when something is received when there is no
right to demand it and it was unduly delivered through mistake.
Chapter 2 – Nature and Effect of Obligations
58)
Specific or determinate thing –
when it is particular designated or physically segregated from all others of
the same class.
59)
Generic or indeterminate thing
– when it refers only to a class or genus and cannot be pointed out with
particularity.
60)
Diligence of a good father of a
family – has been equated with ordinary care or that diligence which an average
person exercises over his own property.
61)
Natural Fruits – are the
spontaneous products of the soil, and the young and other products of animals.
62)
Industrial fruits – are those
produced by lands of any kind through cultivation or labor.
63)
Civil fruits – are those
derived by virtue of a juridical relation.
64)
Personal right – is the right
or power of a person (creditor) to demand from another (debtor), as a definite
passive subject, the fulfillment of the latter’s obligation.
65)
Real right – is the right or
interest of a person over a specific thing (like ownership, possession,
mortgage, and lease) without a definite passive subject against whom the right
may be personally enforced.
66)
Accessories – are the fruits of
a thing or additions to or improvements upon a thing (the principal).
67)
Accessions – are things joined
to or included with the principal thing for the latter’s embellishment, better
use, or completion.
68)
Ordinary delay – is merely the
failure to perform an obligation on time.
69)
Legal delay or default – is the
failure to perform an obligation on time which failure constitutes a breach of
the obligation.
70)
Mora solvendi – the delay on
the part of the debtor to fulfill his obligation (to give or to do)
71)
Mora accipiendi – the delay on
the part of the creditor to accept performance of the obligation.
72)
Compensatio Morae – or the
delay of the obligors in reciprocal obligations (like in sale).
73)
Fraud (deceit or dolo) – it is
the deliberate or intentional evasion of the normal fulfillment of an
obligation. It is synonymous to bad faith.
74)
Incidental fraud (dolo
incidente) – committed in the performance of an obligation already existing
because of contract.
75)
Causal fraud (dolo causante) –
fraud employed in the execution of a contract, which vitiates consent.
76)
Negligence (fault or culpa) –
it is any voluntary act or omission, there being no malice, which prevents the
normal fulfillment of an obligation.
77)
Contravention of the terms of
the obligation – this is the violation of the terms and conditions stipulated
in the obligation.
78)
Contractual negligence (culpa
contractual) – negligence in contracts resulting in their breach.
79)
Civil negligence (culpa
aquiliana) – negligence which by itself is the source of an obligation between
the parties not so related before by any pre-existing contract. It is also
called tort or quasi-delict.
80)
Criminal negligence (culpa
criminal) – negligence resulting in the commission of a crime.
81)
Fortuitous event – is any event
which cannot be foreseen, or which, though foreseen, is inevitable.
82)
Acts of man – strictly
speaking, fortuitous event is an event independent of the will of the obligor
but not of other human wills. Examples: war, fire, robbery, murder,
insurrection.
83)
Acts of Nature – force majeure
are those events which are totally independent of the will of every human
being. Examples: earthquake, shipwreck, lightning, eruption of volcano.
84)
Ordinary fortuitous events – or
those events which are common and which the contracting parties could
reasonably foresee.
85)
Extra-ordinary fortuitous
events – those events which are uncommon and which the contracting parties
could not have reasonably foreseen.
86)
Simple loan or mutuum – is a
contract whereby one of the parties delivers to money or other consumable
thing, upon the condition that the same amount of the same kind and quality
shall be paid.
87)
Usury – is contracting for or
receiving interest in excess of the amount allowed by law for the loan or use
of money, goods, chattels or credits.
88)
Presumption – is meant the
inference of a fact not actually known arising from its usual connection with
another which is known.
89)
Conclusive presumption – one
which cannot be contradicted like the presumption that everyone is conclusively
presumed to know the law.
90)
Disputable presumption – one
which can be contradicted or rebutted by presenting proof to the contrary.
Chapter 1 and Introduction
to Law
1)
General Divisions/Kinds of Law
·
State Law
·
Non-state Law
2)
Types of Non-state Law
·
Divine Law
·
Natural Law
·
Moral Law
·
Physical Law
3)
Concepts of State Law
·
General or abstract sense
·
Specific or material sense
4)
Characteristics of Law
·
It is a rule of conduct
·
It is obligatory
·
It is promulgated by legitimate
authority
·
It is of common observance and
benefit
5)
What does law do?
·
Secures Justice
·
Resolves social conflict
·
Orders society
·
Protects interests
·
Controls social relations
6)
Sources of Law
·
Constitution
·
Legislation
·
Administrative or executive
orders, regulations and
Rulings.
·
Judicial decisions or
jurisprudence
·
Custom
·
Other Sources
7)
Law compared to social means of
control
·
Laws are administered by the
institutions in society
authorized to act in behalf of the entire citizenry.
·
Only the legal institutions can
make rules that the whole
Citizenry must comply.
·
People cannot disobey the rules
except if they leave the
Geographical area by which
the state is sovereign.
·
Sanctions are more varied and
complex in state law.
·
Before the law operates against
an individual, various procedural steps are required.
8)
Organization of Courts
·
Supreme Court
·
Court of Appeals
·
Regional Trial Court
·
Metropolitan Trial Court
9)
Classifications of Law
According to purpose
·
Substantive Law
·
Adjective Law
According
to subject matter
·
Public Law
·
Private Law
10)
3 Branches of the Government
·
Legislative Branch
·
Executive Branch
·
Judiciary Branch
11)
Process of Promulgating Law
·
Resolution
·
Bill
·
Law
12)
Other Sources of Law
·
Foreign Decisions/Jurisprudence
·
Religion
·
Treaties
·
Textwriters’ opinion
·
Principles of Justice and
equity
13)
General Principles in Law
·
Ignorance of the law excuses no
one from
complying it.
·
An act or omission is presumed
legal unless
prohibited.
·
No law can be passed declaring
an act to be
illegal which at the time of commission is
legal. (Ex-post facto law)
·
A person is presumed to be
innocent unless
proven guilty.
·
Any prohibition or proscription
should
emanate from an existing law.
14)
Special Courts
·
Anti-graft court
·
Sandiganbayan
·
Family Court
·
Anti-drug Court
15)
Examples of Public Law
·
Criminal Law
·
International Law
·
Constitutional law
·
Administrative law
16)
Nature of Obligations
·
Civil obligations
·
Natural obligations
17)
Requisites of an Obligation
·
Passive Subject
·
Active Subject
·
Object or Prestation
·
Juridical or legal tie
18)
Requisites of Legal Wrong
·
A right in favor of a person
·
Correlative obligation on the
part of
Another.
·
An act or omission in violation
of said right.
19)
Kinds of Obligation according
to subject matter
·
Real obligation
·
Personal obligation (positive
and negative)
20)
Sources of Obligation
·
Law
·
Contracts
·
Quasi-contracts
·
Crimes or Delicts
·
Quasi-delicts or torts
21)
General Principles of Contract
·
Autonomy or freedom to contract
·
Mutuality of Contract
·
Relativity of Contract
22)
Classification of sources of
obligation
·
Those emanating from law
·
Those emanating from private
acts (licit and illicit)
23)
Examples of Special Laws
·
Corporation Code
·
Negotiable instruments law
·
Insurance code
·
National internal revenue code
·
Revised penal code
·
Labor code
24)
Kinds of Quasi-contracts
·
Negotiorum Gestio
·
Solutio Indebiti
25)
Requisites of Solutio Indebiti
·
There is no right to receive
the thing delivered
·
It was delivered through
mistake
26)
Scope of Civil Liability
·
Restitution
·
Reparation for damage caused
·
Indemnification for
consequential damages
27)
Kinds of Damages
·
Actual Damage
·
Moral Damage
·
Exemplary Damages
28)
Requisites of Quasi-delict
·
There must be an act or
omission
·
There must be fault or
negligence
·
There must be damage caused
·
There must be a direct relation
of cause and
effect between the act and the damage
·
There is no pre-existing
contractual relation
between the parties
Chapter 2 Nature and
Effect of Obligations
29)
Duties of debtor in obligation
to give determinate
thing
·
Preserve the thing
·
Deliver the fruits of the thing
·
Deliver the accession and
accessories
·
Deliver the thing itself
·
Answer for damages in case of
Non-fulfillment or breach
30)
Kinds of diligence
·
Ordinary diligence
·
Extra-ordinary diligence
·
Contractual diligence
31)
Duties of debtor in obligation
to deliver a generic
thing
·
Deliver a thing which is of the
quality
intended by the parties
·
To be liable for damages in
case of fraud,
negligence, delay or contravention of the
tenor thereof
32)
Different kinds of Fruits
·
Natural Fruit
·
Industrial Fruit
·
Civil Fruit
33)
When obligation to deliver
arises
·
At the time of perfection of
the contract
·
In case of suspensive
condition, at the time
of fulfillment of the condition
·
In a contract of sale, at the
time of
perfection of the contract regardless of
suspensive condition as long as the price
has been paid
·
In obligation to give arising
from law,
contracts, quasi-contracts, delicts and
quasi-delicts, the time of performance is
determined by the specific provisions of
the
law applicable
34)
Kinds of Right
·
Personal Right
·
Real Right
35)
Remedies of creditor in Real
Obligation
In a specific real obligation
·
Demand fulfillment of the
obligation with a right
to indemnity for damages
·
Demand rescission or
cancellation of the obligation also with a right to recover damages
·
Demand payment of damages only
In a generic real obligation
·
Ask for the performance of
obligation
·
Ask for another person to
fulfill the obligation at the expense of the debtor
36)
Remedies of creditor in
Positive Personal Obligation
If the debtor fails to comply
·
To have the obligation
performed by himself or by another at the debtor’s expense
·
To recover damages
In case of contravention of the terms or poorly done
·
Order for the thing to be
undone if it is still possible
·
To have the obligation
performed by a third person at the debtor’s expense
37)
Remedies of creditor in
Negative Personal Obligation
·
Undoing of the forbidden thing
plus damages
·
If it cannot be undone, the
remedy is an action for damages caused by the debtor’s violation of his
obligation
38)
Meaning of Delay
·
Ordinary Delay
·
Legal Delay
39)
Kinds of Delay or default
·
Mora Solvendi
·
Mora Accipiendi
·
Compensatio Morae
40)
Requisites of delay in mora
solvendi
·
Failure to perform the
obligation on the
date agreed upon
·
Demand made by creditor upon
the debtor
to comply with his obligation, whether
it is
judicial or extra-judicial demand
·
Failure to comply with such
demand
41)
Effects of Delay
In Mora Solvendi
·
The debtor is guilty of breach
of the
obligation
·
He is liable for interest or
damages
·
He is liable even for a
fortuitous event
In Mora Accipiendi
·
The creditor is guilty of
breach of
obligation
·
He is liable for damages
·
He bears the risk of loss of
the thing due
·
The debtor is not liable for
interest from
the time of creditor’s delay
·
The debtor may release himself from
the
obligation by the consignation or
deposit in
court of the thing or sum due.
In Compensatio Morae
·
The delay of the obligor
cancels the delay of the obligee and vice versa.
42)
When demand is not necessary to
put debtor in delay
·
When the obligation so provides
·
When the law so provides
·
When time is of the essence
·
When demand would be useless
·
When the other party is ready
to comply in reciprocal obligation
43)
Grounds for Liability
·
Fraud (deceit or dolo)
·
Negligence (fault or culpa)
·
Delay (mora)
·
Contravention of tenor
44)
Kinds of Negligence according
to source of obligation
·
Contractual Negligence (culpa
contractual
·
Civil Negligence (culpa
aquiliana)
·
Criminal Negligence (culpa
criminal)
45)
Validity of waiver of action
arising from negligence
·
An action for future negligence
may be renounced except where the nature of the obligation requires the
exercised of extra-ordinary diligence
·
Where the negligence shows bad
faith, it is considered equivalent to fraud and thus, any waiver of this kind
is void
46)
Effect of negligence on the
injured party
·
When the plaintiff’s own
negligence was the sole cause of his injury, he cannot recover damages
·
If the plaintiff’s negligence
is only contributory, he may still recover damages
47)
Factors to be considered in
Negligence
·
Nature of the obligation
·
Circumstances of the person
·
Circumstances of time
·
Circumstances of the place
48)
Measure of liability
·
Damages but acted in good faith
is only
liable for the natural and probable
consequence of the breach
·
Damages but acted in bad faith
is liable
for all consequential damages
49)
Fortuitous event vs. Force
Majeure
·
Acts of Man – war, fire,
robbery, murder
·
Acts of God – earthquake, flood
50)
Kinds of Fortuitous Events
·
Ordinary fortuitous events
·
Extra-ordinary fortuitous
events
51)
Requisites of a Fortuitous
Event
·
The event must be independent
of the
human will or at least of the debtor’s will
·
The event could not be
foreseen, or if
foreseen, is inevitable
·
The event causes the prevention
of
fulfillment of the normal obligation
·
There is no concurrent negligence
on the
part of the debtor in this event
52)
Rules as to liability in case
of fortuitous event
·
When expressly specified by law
·
The debtor is guilty of fraud,
negligence, delay or contravention
of the tenor of the obligation
·
The debtor has promised to
deliver
the same thing to two or more
persons who do not have the same
interest
·
The obligation to deliver a
specific
thing arises from a crime
·
The thing to be delivered is
generic
·
When declared by stipulation
·
When the nature of the
obligation requires
the assumption of risk
53)
Requisites for recovery of
interest
·
The payment of interest must be
expressly stipulated
·
The agreement must be in
writing
·
The interest must be lawful
54)
Kinds of Presumption
·
Conclusive Presumption
·
Disputable Presumption
55)
When presumptions do not apply
·
With reservation as the
interest
·
Receipt without indication of
particular installment paid
·
Receipt for a part of the
principal
·
Payment of taxes
·
Non-payment proven
56)
Remedies available to creditors
for the satisfaction of their claims
·
Exact fulfillment with the
right to damages
·
Pursue the leviable property of
the debtor
·
Exercise of all the rights and
bring all the actions of the debtor except those inherent in the person
·
Ask the court to rescind or
impugn acts or contracts which the debtor may have done to defraud him
57)
Exceptions to the
transmissibility of rights
·
When prohibited by law
Ø By the contract of partnership
Ø By the contract of agency
Ø By the contract of commodatum
·
When prohibited by stipulation
thank you for this. it really helps :)
ReplyDeleteThank you 💜🤗
ReplyDelete