(3) Concern of state law – does not concern 6.
Other sources – principles of justice and
------------INTRODUCTION TO LAW-------------
THE GENERAL NATURE OF LAW
Law – any rule of action or any system of
uniformity.
- activities of men as rational beings
- movements or motions of all objects of creation,
animate or inanimate.
GENERAL DIVISIONS OF LAW
Law (strict legal sense)
- promulgated & enforced by the state
- state law
Law (non-legal sense)
- not promulgated & enforced by the state
- divine, natural, moral, and physical law
SUBJECTS OF LAW
Divine Law – law of religion and faith
- concerns itself with the concept of sin and
salvation
(1) Source – promulgated by God by means of
direct revelation.
(2) Sanction – assurance of certain rewards
and punishments in the present life or in the life
to come.
Natural Law – divine inspiration in man of the
sense of justice, fairness, and righteousness by
internal dictates of reason alone.
(1) Binding force – inward instinct of justice,
fairness, and righteousness in man as divinely
inspired by the dictates of his higher nature.
(2) Compared to Divine Law – unlike divine,
natural law is impressed in man as the core of his
higher self at the very moment of being or even
before that.
(3) Place in state law – has been regarded as
the reasonable basis of state law.
Moral Law – totality of the norms of good and
right conduct growing out of the collective sense
of right and wrong of every community.
(1) Determination of what is right & wrong –
“…it was good for the welfare of the group that
the privilege to determine what is right & wrong
was not left to each member of the group…”
(2) Sanction – no definite legal sanction fo
violation of purely moral law.
- disregards the moral norms = public
displeasure, contempt, or even indignation.
- conformity to the moral norms =
public pleasure, approval, or even joy.
(3) Binding Force – not absolute, varies with
the changing times, conditions or convictions of
the people.
(4) Place in state law – moral law, to a great
extent, influences or shapes state law.
Physical Law – ...uniformities of actions and
orders of sequence which are the physical
phenomena that we sense and feel.
(1) Order or regularity in nature – addressed to
objects which have no power to disobey…by
which certain results follow certain causes
(2) Called law only by analogy – e.g. law of
gravitation and chemical combination.
State Law – promulgated and enforced by the
state.
(1) Other terms used – positive, municipal, civil,
or imperative law.
- obligations & contracts, marriage, the
administration of justice, the conduct of
elections, and the entire governmental process
itself.
(2) Binding Force – only law enforced by the
state with the aid of its physical force.
itself with violations of other rules of actin unless
they also constitute violations of its commands.
- divine law = philosophical theology
- natural law = metaphysics
- moral law = ethics
- physical law = physical science or physics
Concepts of state law
(1) general or abstract sense – all the laws
taken together. “the mass of obligatory rules
established for the purpose of governing the
relations of persons in society”
(2) specific or material sense – “a rule of
conduct, just, obligatory, promulgated by
legitimate authority, and of common observance
and benefit.”
Characteristics of Law (in its specific sense)
(1) It is a rule of conduct – Law tells us what
shall and shall not be done. Law takes cognizance
of external acts only.
(2) It is obligatory – positive command
imposing a duty to obey, involving a sanction
which forces obedience.
(3) It is promulgated by legitimate authority –
legislature is the legitimate/competent authority.
Statutes are enacted by Congress. Local
government enacts ordinances.
(4) It is of common observance and benefit –
intended by man to serve man to maintain
harmony, order, & co-existence possible. Must
therefore, be observed by all to for the benefit of
all.
Necessity and functions of law
(1) What would life be without law? – the need
for internal order is as constant as the need for
external defense.
(2) What does law do? – law secures justice,
resolves social conflict, orders society, protects
interests, controls social relations.
(3) Our duty as members of the society – every
citizen should have some understanding of law
and observe it for the common good.
Sources of Law
1. 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.”
- fundamental, supreme, or highest law
2. Legislation – preponderant source of law in the
Philippines.
- enacted or statute law are acts passed
by the legislature
- includes ordinances enacted by local
government units.
3. Administrative or executive orders – issued by
administrative officials under legislative authority.
4. Judicial decisions or jurisprudence – doctrine
of precedent or stare decisis, wherein the
decisions of a superior court on a point of law are
binding on all subordinate courts, its judgments
are applied to all. The Supreme Court may
reverse or modify any of its previous rulings.
5. Custom – consists of those habits and practices
which through long and uninterrupted usage
have become acknowledged and approved by
society as binding rules of conduct.
- has the force of law when recognized
and enforced by the state.
- must be proved as a fact according to
the rules of evidence.
equity, decisions of foreign tribunals, opinions of
text writers, and religion.
- only supplementary, resorted to by
the courts in the absence of all the other sources,
not binding on the courts.
Rule in case of doubt in interpretation or
application of laws
(Art. 9, Civil Code) “no judge or court shall
decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws.”
(Art. 10, Ibid.) “In case of doubt in the
interpretation or application of laws, it is
presumed that the lawmaking body intended
right and justice to prevail.”
- courts are not only courts of law but
also of justice.
- ultimate end of the law is justice.
Organs of social control
Law is a means of social control – the
control of social behaviour that affects others.
In PH, national and local legal
institutions, churches, corporations, political
parties, trade associations, schools, labor unions,
professional organizations, social clubs, families,
and host of others, through rules, regulations and
orders, control some of the behaviour of their
members.
Law compared with other means of social
control
1. Laws are made and administered by the only
institutions in society authorized to act in behalf
of the entire citizenry.
2. Only the legal institutions within the society
can make rules, regulations, and orders with
which the entire citizenry must comply.
3. Citizens of a state can’t ordinarily terminate
their relationship and free themselves from the
impact of its rules and regulations unless they
leave the geographical area in which the state is
sovereign.
4. The sanctions or techniques of control through
law are more varied and complex than those
available to other organizations. A sanction is:
Remedial – the object is the
indemnification of the person who has suffered
damages or injury from a violation of law
Penal – the object is the punishment
of the violator
5. Before the law “operates” against an
individual, various procedural steps referred to as
“due process” of law are required.
Organizations of courts
(1) Regular courts – Ph judicial system consists of
hierarchy of courts, Supreme Court the highest.
- Court of Appeals
- Regional Trial Courts (provinces &
cities)
- Metropolitan Trial Courts (metropolitan
areas established by law)
- Municipal Trial Courts (cities not part of
metropolitan area)
- Municipal Circuit Trial Courts (municipal
circuits)
*Circuit courts exercise jurisdiction over 2 or
more cities and/or municipalities
(2) Special courts –
- Sandiganbayan, a special anti-graft
court (Art. XI, Sec. 4 thereof.)
- Court of Tax Appeals, a special tax court
created by law, on the same level as the
Court of Appeals

(3) Quasi-judicial agencies – administrative
bodies under the executive branch do not form
part of the integrated judicial system. They also
involve the settlement or adjudication of
controversies/disputes.
- National Labor Relations Commission
- Securities and Exchange Commissions
- Land Transportation Franchising and
Regulatory Board
- Insurance Commission
- Etc., & independent Constitutional
Commissions (Civil Service Commission,
Commission on Elections, & 2) Almost impossible to prove the contrary
Commission on Audit)
Classifications of law
As to its purpose:
(a) Substantive law or that portion of
the body of law creating, defining, and regulating
rights and duties which may be either public or
private in character.
(b) Adjective law (remedial or
procedural law) or that portion of the body of law
prescribing the manner or procedure by which
rights may be enforced or their violations
redressed.
- governed by the Rules of Court
promulgated by the Supreme Court and by
special laws.
As to its subject matter:
(a) Public law - the body of legal rules
which regulates the rights and duties arising from
the relationship of the state to the people.
 Criminal law – defines crimes and
provides for their punishment
 International law – governs the
relations among nations or state
 Constitutional law – governs the
relations between the state and its
citizens; establishes the fundamental
powers of the government
 Administrative law – governs the
methods by which the functions of
administrative authorities are to be
performed
 Criminal procedure – governs the
methods of trial and punishment in
criminal cases
(b) Private law – the body of rules
which regulates the relations of individuals with
one another for purely private ends. The state
also enforces private law as an arbiter and not as
a party.
 Civil law
 Commercial/mercantile law
 Civil procedure – provides for the
means by which private rights may be
enforced.
Law on Obligations and Contracts
- Body of rules which deals with the nature and
sources of obligations and the rights arising from
agreements and the particular contracts.
Civil Code of the Philippines (R.A. 386)
 where law on obligation and contracts is
found
 civil law – law found in our Civil Code
 based on the Civil Code of Spain which took
effect on Dec. 7, 1889
 approved as R.A. 386 on June 18, 1949 and
took effect on Aug. 30, 1950
 divided into 4 books
Civil Code provisions on obligations and
contracts (BOOK IV)
 General Provisions: Title I, Articles 1156 – performance; in bilateral obligations, the
1304 parties are reciprocally debtors and creditors
 Contracts: Title II, Articles 1305 – 1422 (1191).
 Natural Obligations: Title III, Articles 1423 – 4. Juridical/Legal tie (efficient cause) - binds or
1430 connects the parties to the obligation; can
be determined by knowing the source of the
Conclusive presumption of knowledge of law obligation (Art. 1157.)
ART. 3, Civil Code. Ignorance of the law excuses
no one from compliance therewith. EXAMPLE:
Under a building contract, X bound himself to
“Everyone, therefore, is conclusively presumed to construct a house for Y for P1,000,000.00.
know the law.” BEFORE CONS. AFTER CONS.
1) Social life will be impossible X = passive subject X = active subject
Y = active subject Y = passive subject
3) Absurd to absolve to those who do not know Building of house = Payment = prestation
the law and increase obligations to those prestation Agreement/Contract
who know it Agreement/Contract = juridical tie
4) We carry norms of right and wrong, and a = juridical tie
sense of duty
5) “Evasion of the law would be facilitated and Form of obligation.
the administration of justice would be - Manner in which an obligation is manifested or
defeated.” incurred
- Oral, writing, partly oral and partly writing
-----------------------OBLIGATIONS----------------------- 1. As a general rule, the law does not require
Chapter 1: GENERAL PROVISIONS any form in obligations arising from
contracts for their validity or binding force.
(Art. 1356.)
ART. 1156 - An obligation is a juridical necessity
2. Obligations arising from other sources (Art.
to give, to do or not to do.
1157.) do not have any form at all.
LATIN: "OBLIGATIO" - "tying" or "binding”
1. It is a tie of law or a juridical bond by virtue of
Obligation, right, and wrong (cause of action)
which one is bound in favor of another to
distinguished.
render something — giving a thing, doing a
OBLIGATION: act or performance which the law
certain act, or not doing a certain act.
will enforce.
2. MANRESA: "Legal relation established
RIGHT: power which a person has under the law,
between one party and another, whereby the
to demand from another any prestation.
latter is bound to the fulfillment of a
WRONG: act or omission of one party in violation
prestation which the former may demand of
of the legal right or rights of another. (injury –
him.” (8 Manresa 13.)
wrongful violation of the legal right of another)
3. CIVIL CODE DEFINITION in passive aspect:
(1) Legal right in favor of a person
stresses the duty of the debtor or obligor
(2) Correlative legal obligation on part of
when it speaks of obligation as a juridical
another
necessity.
(3) Act or omission by the latter violating
the rights of the former
Juridical Necessity
 In case of non-compliance, the courts of
Kinds of obligation according to subject matter.
justice may be called upon to enforce its
1) Real obligation – obligation to give; SJ:
fulfillment or, in default thereof, the
THING. (e.g. deliver piano)
economic value that it represents.
2) Personal obligation – obligation to do or not
 DAMAGES – sum of money given as a
to do; SJ: ACT.
compensation for the injury or harm suffered
a) Positive personal obligation - obligation
by the creditor or obligee for the violation of
to do (Art. 1167.); (e.g. repair piano)
his rights.
b) Negative personal obligation -obligation
 If obligations were not made enforceable,
not to do (“not to give”). (Art. 1168.);
then people can disregard them with
(e.g. not build a fence)
impunity. If an obligation cannot be enforced,
it may be only a natural obligation.
ART. 1157. Obligations arise from: (1) Law; (2)
Contracts; (3) Quasi-contracts; (4) Acts or
Nature of obligations under Civil Code.
omissions punished by law; and (5) Quasi-delicts.
Civil Obligations - obligations which give to the
(1089a)
creditor or obligee a RIGHT OF ACTION in courts
of justice to enforce their performance.
Sources of obligations.
 Not based on positive law (natural law) but on
(1) Law. — imposed by the law itself.
equity and natural law, do not grant a right of
e.g. pay taxes; support family
action to enforce their performance although
in case of voluntary fulfillment by the debtor,
(2) Contracts. — arise from the stipulation of the
the latter may not recover what has been
parties. e.g. repay a loan or indebtness
delivered or rendered by reason thereof.
(Art.* 1423.)
(3) Quasi-contracts. — arise from lawful,
voluntary and unilateral acts and which are
Essential requisites.
enforceable to the end that no one shall be
1. Passive subject (debtor or obligor) - person
unjustly enriched or benefitted at the expense of
bound to the fulfillment of the obligation; has
another.
a duty.)
e.g. return money paid by mistake or
2. Active subject (creditor or obligee) - person
which is not due
entitled to demand the fulfillment of the
obligation; has a right.
(4) Crimes or acts or omissions punished by law.
3. Object/Prestation (subject matter of the
— arise from civil liability which is the
obligation) - the conduct required to be
consequence of a criminal offense.
observed by the debtor; consist in giving,
doing, or not doing (1232); no prestation, no
 e.g. return stolen car; indemnify heirs of
the victim
(5) 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.
e.g. head of the family; possessor of an
animal
Sources classified.
1) Those emanating from LAW
2) Those emanating from PRIVATE ACTS
 Licit acts – contracts and quasi-
contracts
 Illicit acts - punishable: delicts, not
punishable: quasi-delicts.
*Actually, there are only two (2) sources: law
and contracts, because obligations arising from
quasi-contracts, crimes, and quasi-delicts are
really imposed by law.
ART. 1158. Obligations derived from law are not
presumed. Only those expressly determined in
this Code or in special laws are demandable, and
shall be regulated by the precepts of the law
which establishes them; and as to what has not
been foreseen, by the provisions of this Book.
(1090)
Legal obligations.
 obligations arising from law
 not presumed because they are considered a
burden upon the obligor
 exception, not the rule
Under Article 1158, special laws refer to all other
laws not contained in the Civil Code.
ART. 1159. Obligations arising from contracts
have the force of law between the contracting
parties and should be complied with in good
faith. (1091a)
Contractual obligations
– Obligations arising from contracts or voluntary
agreements
CONTRACT – meeting of minds between two
persons whereby one binds himself, with respect
to the other, to give something or to render some
service;
1. Binding force — governed primarily by the
agreement of the contracting parties.
 VALID CONTRACTS have the force of
law between the parties who are bound
to comply therewith in good faith, and
neither one may without the consent of
the other, renege therefrom.
 The law stresses the obligatory nature
of a binding and valid agreement.
2. Requirements of a valid contract
VALID CONTRACT – not contrary to laws, morals,
good customs, public order, and public policy.
VOID CONTRACT – contrary to law, morals, good
customs, public order, or public policy. In the eyes
of the law, a void contract does not exist. No
obligations will arise.
3. Breach of contract – takes place when a party
fails of refuses to comply, without legal reason or
justification, with his obligation under the
contract as promised.
4. Where contract requires approval by the
government — such contract becomes the law
between the contracting parties only when
approved, and where there is nothing in it which
is contrary to law, etc., its validity must be
sustained.
Compliance in good faith.
 compliance or performance in accordance
with the stipulations or terms of the contract
or agreement
 sincerity and honesty must be observed
 non-compliance: constitute unjust enrichment
ART. 1160. Obligations derived from quasi-
contracts shall be subject to the provisions of
Chapter 1, Title XVII, of this Book.
Quasi-contractual obligations.
- Obligations arising from quasi-contracts or
contracts implied in law
QUASI-CONTRACT
 juridical relation resulting from certain lawful,
voluntary and unilateral acts by virtue of
which the parties become bound to each
other to the end that no one will be unjustly
enriched or benefited at the expense of
another. (Art. 2142.)
 governed by the Civil Code, more particularly,
by Articles 2142-2175, Chapter I, Title XVII
CONTRACT QUASI-CONTRACT
there is a meeting of no consent but the
the minds or consent same is supplied by
fiction of law
the parties must have law considers the
deliberately entered parties as having
into a formal entered into a reasonable doubt
agreement contract, irrespective
of their intention, to
prevent injustice
Kinds of quasi-contracts.
(1) Negotiorum gestio – voluntary management
of the property or affairs of another without the
knowledge or consent of the latter. (Art. 21144.)
(2) Solutio Indebiti – juridical relation created
when something is received when there is no
right to demand it and it was unduly delivered
through mistake. (Art. 2154.)
(3) Other cases – Other examples of quasi-
contracts are provided in Article 2164 to Article
2175 of the Civil Code. When for some reason
recovery cannot be had on a true contract, it may
be allowed on the basis of quasi-contract.
ART. 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,16 and of Title XVIII of this Book,
regulating damages. (1092a)
Civil liability arising from crimes or delicts
(1) Oftentimes, crime causes not only moral evil
but also material damage. The rule has been
established that every person criminally liable for
an act or omission is also civilly liable
(2) In crimes which cause no material damage
(contempt, insults to person in authority,
gambling, violations of traffic regulations, etc.),
there is no civil liability to be enforced. But a
person not criminally responsible may still be
liable civilly.
Scope of civil liability
- governed by the Revised Penal Code and the
Civil Code
(1) Restitution;
(2) Reparation for the damage caused; and
(3) Indemnification for consequential damages.
(Art. 104, Revised Penal Code.
ART. 1162. Obligations derived from quasi-delicts
shall be governed by the provisions of Chapter 2,
Title XVII of this Book, and by special laws.
(1093a)
Obligations arising from quasi-delicts
A quasi-delict is an act or omission by a person
(tort feasor) which causes damage to another in
his person, property, or rights giving rise to an
obligation to pay for the damage done, there
being fault or negligence but there is no pre-
existing contractual relation between the
parties.21 (Art. 2176.)
Crime distinguished from quasi-delict
Crime/delict Quasi-delict
Has Has negligence only
criminal/malicious
intent or criminal
negligence
Affects public interest Concerns private
interest
Criminal & civil Civil liabilities only
liabilities
the purpose is Indemnification of
punishment the offended party
Can’t be Can be compromised
compromised or as any other civil
settled by the parties liability
themselves
Guilt of accused must Fault/negligence of
be proved beyond the defendant proved
by preponderance of
evidence
Liability is subsidiary Direct & primary
-----------TITLE III - NATURAL OBLIGATIONS----------
ART. 1423. Obligations are civil or natural. Civil
obligations give a right of action to compel their
performance. Natural obligations, not being
based on positive law but on equity and natural
law, do not grant a right of action to enforce their
performance, but after voluntary fulfilment by
the obligor. They authorize the retention of what
has been delivered or rendered by reason
thereof. Some natural obligations are set forth in
the following articles.
Concept of natural obligations
NATURAL OBLIGATIONS - originated in the
Roman law where they grew in importance in
order to temper with equity and justice the
severity of the jus civile.
- could not be enforced by a civil action but has
juridical consequence
- Spanish law- incapacity of one of the
contracting parties, and where a contract could
not be sued upon because it was not in the form
required by law (Report of the Code Commission
p.56)
Civil obligations and natural obligations
distinguished
Art. 1423. – gives distinction between 2
obligations
CIVIL OBLIGATION
- arise from law, contracts, quasi-contracts,
delicts and quasi-delicts (Art.1157)
- give a right of action in courts of justice to
compel their performance and fulfilment
NATURAL OBLIGATION
- not based on positive law but on the equity
and natural law
- do not grant such right of action to enforce
their performance
Enforceability of natural obligations.
Natural obligations are not cognizable
by the courts unless there has been voluntary
fulfillment in which case, the court may order the
retention of what has been delivered or rendered
by reason thereof.
Enumeration not exclusive
If the borrower pays interest agreed
upon orally, the provisions on natural obligations
apply. (see Art. 1960) Under the law. “no interest
shall be due unless it has been expressly
stipulated in writing.” (Art.1956 ; Art.1175)
ART. 1424. When a right to sue upon the civil
obligation has lapsed by extinctive prescription,
the obligor who involuntarily performs the
contract cannot recover what he has delivered or
the value of the service he has rendered.
Performance after the civil obligation has
prescribed
By prescription (acquisitive), one requires
ownership and other real rights through the lapse
of time in the manner and under the conditions
laid down by law. In the same way, rights and
action are lost by prescription (extinctive).
(Art.1106; see Art.1218.)
ART. 1425. When without the knowledge or
against the will of the debtor, a third person pays
a debt which the obligor is not legally bound to
pay because the action thereon has prescribed,
but the debtor later voluntarily reimburses the
third person, the obligor cannot recover what he
has paid.
Reimbursement of third person for debt that has
prescribed.
If a third person pays the prescribed debt of the
debtor without his knowledge or against his will,
the latter is not legally bound to pay him. (see
Art. 1236, par. 2.) But the debtor cannot recover
what he has paid, in case he voluntarily
reimburses the third person.
ART. 1426. When a minor between eighteen and
twenty one years of age who has entered into a
contract without the consent of the parent or
guardian, after the annulment of the contract
voluntarily returns the whole thing or price
received, notwithstanding the fact that he has not
been benefited thereby, there is no right to
demand the thing or price thus returned.
Restitution by minor after annulment of
contract.
When a contract is annulled, a minor is not
obliged to make any restitution except insofar as
he has been benefited by the thing or price
received by him. (Art. 1399.) However, should he
voluntarily return the thing or price received
although he has not been benefited thereby, he
cannot recover what he has returned.
ART.1427. When a minor between eighteen and
twenty-one years of age, who has entered into a
contract, without the consent of the parent or
guardian, voluntarily pays a sum of money or
delivers a fungible thing in fulfilment of the
obligation, there shall be no right to recover the
same from the oblige who has spent or consumed
it in good faith. (1160a)
Delivery by minor or fungible thing in fulfilment
of obligation
By the decree of annulment, the parties, as a
general rule are obliged to make mutual
restitution. (Art.1398) However, the oblige who payment is effective and irrevocable, subject to
spent or consumed in good faith the money or the rights of the creditors of the deceased. Since,
consumable thing voluntarily paid or delivered by it was the intention of the testator to give the
the minor, is not bound to make restitution. legacy, it is the moral duty of the heir to carry it
out.
Although Art. 1427 speaks of fungible thing,
nevertheless it may also apply to things that are
non-consumable when they have been lost
without fault of the obligee or in case of
alienation by him to a third person who did not
act in good faith. The obligee shall be liable for
damages if he is guilty of fault or bad faith at the
time is spending or consumption.
ART.1428. When, after an action to enforce a civil
obligation has failed, the defendant voluntarily
performs the obligation, he cannot demand the
return of what he has delivered or the payment SUMMARY OF ARTICLES
of the value of the service he has rendered.
ART. 3, CIVIL CODE. “Ignorance of the law…”
Performance after action to enforce civil
obligation has failed. 1156. Definition of Obligation
This article contemplates a situation where a 1157. Sources of Obligation
debtor, who has failed to pay his obligation, is 1158. Legal Obligations
used by the creditor and instead of losing the 1159. Contractual Obligations
case, he has won it. If notwithstanding this fact, 1160. Obligations arising from Quasi-contracts
the debtor voluntarily performs his obligation, he 1161. Civil Liability arising from crimes/delicts
cannot demand the return of what he has 1162. Obligations arising from Quasi-delicts
delivered of the payment of the value of the
service he has rendered. He must be deemed to 1423. Natural Obligation VS Civil Obligation
have considered it his moral duty to fulfil his 1424. Performance after the civil obligation has
obligation. prescribed.
1425. Reimbursement of third person for debt
that has prescribed.
ART.1429. When a testate or intestate heir
1426. Restitution by minor after annulment of
voluntarily pays a debt of the decedent exceeding
contract.
the value of the property which he received by
1427. Delivery by minor or fungible thing in
will or by the law of intestacy from the estate of
fulfilment of obligation
the deceased, the payment is valid and cannot be
1428. Performance after action to enforce civil
rescinded by the payer.
obligation has failed.
1429. Payment by heir of debt exceeding value of
Payment by heir of debt exceeding value of
property inherited.
property inherited.
1430. Payment of legacy after will has been
The heir is not personally liable beyond the value
declared void.
of the property he received from the decent.
(Art.1311, par.1.) But if he voluntarily pays the
difference, the payment is valid and cannot be
rescinded by him. An heir has moral duty to
perform or pay obligation legally contracted by
his dead relatives.
ART.1430. When a will is declared void because it
has not been executed in accordance with the
formalities required by the law, but one of the
intestate heirs, after the settlement of the debts
of the deceased, pays a legacy in compliance with
a clause in the defective will, the payment is
effective and irrevocable.
Payment of legacy after will has been declared
void.
Legacy is the act of disposition by the testator in
separating from the inheritance for the definite
purposes, things, rights or definite portion of his
property. It may be viewed also as the dame
portion, or those things or special rights, which
the testator separates from his inheritance for a
definite purpose. (6 Manresa 654.) The purpose
of the legacy is to reward friends, servants and
others for services they have rendered, to give
alms, etc.
If a will is disallowed for non-compliance with the
formalities prescribed by law (see Art. 805,
839[1].) the legacy made in the will would also be
void. The effect is the same as if the deceased
had died without a will, and, therefore, the
instate heir is not legally required to pay the
legacy. If, however, he still pays the legacy, the