First Week Assignment:

 
I.               Refresher in Law in General:

1. Definition of law

LAW - is a rule of conduct, which is of common observance and benefit, just and
obligatory, promulgated by legitimate authority.

2. Different kinds of law

 Classification of Law According to the Manner of its Promulgation

 NATURAL LAW – promulgated impliedly in our conscience and body. This is further
classified into:
o Natural Moral Law – applies to our higher faculties. For
example, “do good and avoid evil.”
o Law of Nature – applies to both our higher and lower faculties.
Example of this is the law of gravity.
 POSITIVE LAW – this is promulgated expressly or directly. It could be classified into:
o Divine Positive Law – example of this law is like the ten
commandments in the bible.
o Divine-Human Positive Law – examples of this are
commandments promulgated by various religion such as the
Catholic Church.
o Human Positive Law – is a reasonable rule of action, expressly or
directly promulgated by competent human authority for the
common good, and usually, but not necessarily, imposing a
sanction in case of disobedience.
Classification of Human Positive Law
 As to relationship governed
 PUBLIC LAW - governs the relationship
between the State and its citizens and
inhabitants.
 PRIVATE LAW - governs the relationship
between citizens, inhabitants and other
persons who may be within its territory.
 As to effect
 MANDATORY - the law imposes
something to be done (positive)
 PROHIBITORY - something that cannot
be done(negative)
  PERMISSIVE - laws that are merely
directory in nature; it provides rules of
conduct that are not mandatory.

 As to nature
 SUBSTANTIVE - Creates, modifies, or
defines rights and obligations or imposes
penalties, damages, and other substantive
provisions, eg. Laws providing for
extinctive prescription
 PROCEDURAL - establishes rules and
procedure for the enforcement of rights and
obligations. Broadly speaking, these include
procedures and doctrines promulgated by
the Supreme Court.
 CURATIVE - laws that cure defects of an
existing or prior law.

3. Elements of a Valid Law

a. Reasonable rule of action
b. Due Promulgation
c. Promulgation by Competent Authority
d. Generally, a sanction imposed for disobedience
4. Purposes of Law
a. Protect individual rights and liberties
b. Provide framework and rules to help resolve disputes between individuals.
c. It sets standards
d. It helps society to maintain order.
5. Effects of law upon humanity and social relationships
a. Law affects the humanity and society in a way that creates peace by upholding the
rights of people and sanctioning those who abuse such rights.
b. It restricts the society in the exercise of their rights.
c. Law shapes the society because it is intended to move it in a certain direction
which is good or prohibit movement in the direction which is bad.
d. The law acts as a guide for the societal interactions and behaviors. It outlines the
rules for order in behavior of people and ensures equity in all arms of
government.

 
II.             Obligation, Definition, Sources 

1. Memorize Article 1156

 ART. 1156: Obligation is a juridical necessity to give, to do or not to do.

2. Define juridical necessity

Juridical necessity means that an obligation if not complied, the courts of justice may be
called upon to enforce its fulfillment.

3. Essential Requisites of Obligation

 PASSIVE SUBJECT (debtor/obligor) – the person who is bound to the fulfillment of

the obligation. The person who has the duty.
 ACTIVE SUBJECT (creditor/obligee) – the person who has the right to demand the
fulfillment of the obligation. The person who has the right.
 OBJECT OR PRESTATION (subject matter of the obligation) – it is the subject
matter of the obligation. It may consist in giving, doing, or not doing.
 JURIDICAL TIE (efficient cause) – by virtue of which the debtor has become bound to
perform the prestation. This is established through sources of obligation which are law,
contracts, quasi contracts, acts or omissions punishable by law and quasi-delicts. (Art.
1157)

4. Give 3 examples each of obligations to give, to do and not to do

 OBLIGATIONS TO GIVE
1. The Local Government Unit of Tarlac purchased, through a public bidding,
1,000,000 worth of grocery items from Y, the winning bidder, to be
distributed to Tarlaquenos while the city is under mandatary lockdown.
2. Mr. Mayor executed a deed of donation, to give P 5,000,000 to Cebu City for
the victims of Typhoon Odette.
3. X ordered food through a food delivery application for his lunch today worth
500 pesos.

 OBLIGATIONS TO DO
1. X and Y agreed and signed a contract that X will perform bookkeeping
services for Y’s business in exchange of P3,000 per quarter.
2. X contracted Y, an engineer, to build his dream house worth P 10,000,000.
3. X, a professional comedian, agreed to Y, a talent manager, to perform in his
bar for P 1,000 per night.

 OBLIGATIONS NOT TO DO
1. A agreed to paint the house of B for P1,000,000. They also agreed that he is
not allowed to accept other painting works while A is still painting the house
of B.
 2. S sold a land to B. It was stipulated that S would not construct a fence on a
certain portion of his land adjoining that sold to B. Should S construct a fence
in violation of the agreement, B can have the fence removed at the expense of
S.
3. Any public officer, or officer of the law, who, in dereliction of the duties of
his office, shall maliciously refrain from instituting prosecution for the
punishment of violators of the law is punishable under Article 208 of the
Revised Penal Code.

5. Memorize Article 1157

Art. 1157: Obligations arise from:

1. Law
2. Contracts
3. Quasi-Contracts
4. Acts or omissions punishable by law and
5. Quasi-delicts

6. Define each source of obligation and give an example each

1. LAW - is a rule of conduct, which is of common observance and benefit, just and
obligatory, promulgated by legitimate authority.
Example: Art. 195 of Family Code: Subject to the provisions of the succeeding
articles, the following are obliged to support each other to the whole extent set
forth in the preceding article:
(1) The spouses
(2) Legitimate ascendants and descendants
(3) Parents and their legitimate children and the legitimate and illegitimate
children of the latter
(4) Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and
(5) Legitimate brothers and sisters, whether of the full or half-blood

2. CONTRACT - A 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.)
Example: X borrowed P50,000 from Y, payable for five equal annual
installments starting January 01, 2023.

3. QUASI-CONTRACTS - is that 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.)
 Example: X paid P40,000 to Y for the laptop he bought from him worth 39,300.
He received a change of P800. X has the duty to return the excess P100 because if
not, he will be unjustly enriched at the expense of Y.

4. ACTS OR OMISSIONS PUNISHABLE BY LAW - when they arise from civil

liability which is the consequence of a criminal offense (Art. 1161.)
Example: The act of committing espionage as stated in Article 117 of the
Revised Penal Code (RPC).

5. QUASI-DELICTS - 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 (Art. 2176.)
Example: X was crossing in the pedestrian lane of the street. Then, suddenly a
vehicle driven by Y, at a high speed, bumps X. The bumping causes injuries to X.
Therefore, X has the right to claim civil damages from Y.

7. Read and analyze all the articles related to Article 1157 (sources of obligations)

8. Define:

 Culpa – this also means negligence wherein there is no deliberate intention to cause
damage or injury even if the act was done voluntarily.
 Dolo – It is an intentional evasion of the faithful performance of the obligation (8
Manresa 72).
 Culpa aquiliana - negligence which by itself is the source of an obligation between the
parties not formally bound before by any pre-existing contract. It is also called “tort” or “quasi-
delict”.
 Delicto – these are acts or omissions punishable by law.
 Negotiorum gestio - is the voluntary management of the property or affairs of another
without the knowledge or consent of the latter. (Art. 2144.)
 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. (Art. 2154.)
 Culpa contractual – negligence in contracts resulting in their breach. (Art. 1172)
 Prestation – it is a conduct that may consist of giving, doing, or not doing something.
 Movable Properties - refers to personal property, which is either consumable or non-
consumable. 
 Immovable properties – refers to real properties such as roads, constructions, and
buildings because they adhere to the soil. 
 Good father of the family - that reasonable diligence which an ordinary prudent person
would have done under the same circumstances.