OBLIGATIONS AND CONTRACTS

Questions:

1. Give the meaning of LAW in general. What does the Law determine?

- In its widest and most comprehensive sense, the term law means any rule of action or any
system of uniformity. Thus law, in general determines not only the activities of men as rational
beings but also the movements or motions of all subjects of creation, whether animate or
inanimate.

2. What are the general divisions of Law? Explain each.

- Law ( in the strict legal sense) which is promulgated and enforced by the state and Law (in the
non-legal sense) which is not promulgated and enforced by the state.

The first refers to what is known as the state law while the second includes divine law, natural
law, moral law and physical law.

3. What are the subjects of Law which apply to men as rational beings? Discuss each.

- State law, divine law, natural law and moral law are comprised in the definition of law as a
rule of action. They apply to men as rational beings only. On the other hand, physical law
operates on all things, including men, without regard to the latter’s use of their will power and
intelligence. It is called law only figuratively speaking.

4. Give the characteristics of Law. Explain each.

- (1) It is a rule of conduct - Law tells us what shall be done and what shall not be done. As a rule
of human conduct, law takes cognizance of external acts only;

(2) It is obligatory - Law is considered a positive command imposing a duty to obey and involving
a sanction which forces obedience.

(3) It is promulgated by legitimate authority - In a democratic country, like the Philippines, the
legitimate or competent authority is the legislature. Under the Constitution, laws called
“statutes” are enacted by Congress which is the name of the legislative branch of our
government; local government units are also empowered to enact ordinances which have the
binding force of laws; and

(4) It is of common observance and benefit - Law is intended by man to serve man. It regulates
the relations of men to maintain harmony in society and to make order and co-existence
possible. Law must, therefore, be observed by all for the benefit of all.

5. What are the sources of Law? Discuss each.

-(a.) Under the Old Testament, divine law is embodied in the Ten Commandments. It is believed
by Christians that these laws were formally given by God through Moses, the great Hebrew
prophet and leader. (see C. Pascual Legal Method, 2nd ed.,pp.7.8).

(b.) Of course, divine law differs according to what one believes to have been established and
communicated to mankind by revelation. Thus, to the Mohammedans divine law is embodied in
the Muslim Quoran.

(20 Sanction- The sanction of divine law lies in the assurance of certain rewards and
punishments in the present life or in the life to come. (Clark, Elementary Law p.5).

6. What are the other sources of Law which are considered Supplementary?

- Natural law, moral law, physical law, and state law.

7. Discuss the Rule in case of doubt in the interpretation or application of law..

-Our Civil Code provides that “no judge or court shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the laws’. (Art. 9, Civil Code) “ In case of doubt in the
interpretation or application of laws, it is presumed that the lawmaking body intended right and
justice to prevail”. (Art. 10, Ibid)

In our country, courts are not only courts of law but also of justice. Faced with a choice
between a decision that will serve justice and another that will deny it because of too strict
interpretation of the law, courts must resolve in favor of the former, for the ultimate end of the
law is justice. (pangan vs, Court of Appeals, 166 SCRA 375). This is particularly true where what
is at stake is the life, liberty or property of an individual and more so if he is poor or
disadvantaged.

8. What are considered courts of general or superior jurisdiction?

The principal sources of law in the Philippines are the Constitution, legislation, administrative,
rules and regulations, judicial decisions and customs.

9. Give the Classification of Law, as to purpose & as to its subject matter.

(1) As to its purpose:

(a.) Substantive law or the portion of the body of law creating and defining rights and duties
which may be either public or private in character. An example of substantive private law is the
law on obligations and contracts; and

(b.) Adjective law or that portion of the body of law prescribing the manner or procedure by
which rights may be enforced or their violations redressed. Sometimes this is called remedial
law or procedural law. The provision of law which says that actions for the recovery of real
property shall be filed with the Regional Trial Court of the region where the property or any
part thereof lies, is an example of private adjective law.

Rights and duties are useless unless they can be enforced. It is not enough, therefore, that the
state regulates the rights and duties of all who are subject to the law; it must also provide legal
remedies by which substantive law may be administered. Hence, the need for adjective law.

The adjective law in the Philippines is governed by the Rules of Court promulgated by the
Supreme Court and by special laws.

(2) As to its subject matter

(a.) Public law or the body of legal rules which regulates the rights and duties arising from the
relationship of the state to the people.

An example of public law is criminal law, the law which defines crimes and provides for their
punishment. In legal theory, when a person commits a crime, he violates not only the right of
the individual victim but primarily that of the state because the crime disturbs the peace and
order of the state.

Also included are: international law or that law which governs the relations among nations or
states; constitutional law or that which governs the relations between the state and its citizens,
it establishes the fundamental powers of the government; administrative law or that which
governs the methods by which the functions of administrative authorities are to be performed;
and criminal procedure or that branch of private law which governs the methods of trial and
punishment in criminal cases; and

(b.) Private law or the body of rules which regulates the relations of individuals with one
another for purely private ends. The law on obligation and contracts comes under this heading
because it deals with the rights and obligations of the contracting parties only. The state,
however, is also involved in private law; it enforces private law but simply as an arbiter and not
as a party. (sec M.J. Gamboa, op.cit.,p.98)
Included in private law are civil law, commercial or mercantile law, and civil procedure. Civil
procedure is that branch of private law which provides for the means by which private rights
may be enforced.

10. Give reasons for different conclusive presumption of knowledge of law.

-(1) If laws will not be binding until they are actually known, the social life will be impossible,
because most laws cannot be enforced due to their being unknown to many;

(2) It is almost impossible to prove the contrary when a person claims ignorance of the law;

(3) It is absurd to absolve those who do not know the law and increase the obligations of those
who know it; and

(4) In our conscience, we carry norms of right and wrong, and a sense of duty, so that our
reason indicates many times what we have to do and in more complicated juridical relations,
there are lawyers who should be consulted (A. Tolentino, op. Cit.,pp. 18-19); and

(5) “Evasion of the law would be facilitated and the administration of justice would be defeated
if persons could successfully plead ignorance of the law to escape the legal consequences of
their acts, or to excuse non-performance of their legal duties. The rule, therefore is dictated not
only by expediency but also by necessity’. (Ibid., p.7; Zulueta vs. Zulueta, 1 Phil.254)