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Assignment 1 Oblicon
Assignment 1 Oblicon
Assignment 1 Oblicon
Feliciano
The most accepted definition of law under the Philippine legal system is the one
proffered by Spanish jurist Sanchez Roman. He made a distinction between the two
senses the term law connotes: the general sense and the specific sense.
In the general sense (derecho), law is defined as the science of moral laws based on
the rational nature of man. These moral laws govern his free activity for the realization
of his individual and social ends. They are, by their very nature, demandable and
reciprocal.
When we speak of law in the general sense, we are referring to the abstract and moral
conception of law. Morality recognizes that humans, as rational creatures, have free
will, and that they have every right to exercise this free will to achieve their unique and
individual aspirations. This right cannot be infringed and must be respected by other
humans.
In the specific sense (ley), law is defined as a rule of conduct. These rules of conduct
are just and obligatory. They are promulgated by legitimate authority (typically by the
Legislature). They are of common observance and benefit.
Law in the specific sense is the common and popular definition of law. It refers to the
rules established by an instrumentality of the State—usually the Congress—that either
direct conduct, prohibit conduct, impose rights or duties, or repeal or modify another
law. There is a presumption that these rules are just and may only be struck down by
an instrumentality of the State that has the power to do so. These rules must be
observed by everyone under Philippine jurisdiction, subject to limitations imposed by
the rules themselves.
a. Private law
Private law applies to any circumstances relating to relationships between
individuals in a legal system. It regulates disputes between private individuals
or entities. It is also called civil law that governs:
b. Public law
Public law deals with issues that affect the general public or state. Its wide
scope covers the following:
-Administrative law
-Constitutional law
-Criminal laws
-International law
-Tax Law
a. Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided. (Article 2)
b. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.
When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
a. Laws protect individual rights and liberties. The Bill of Rights in the Philippine
Constitution guarantees several important protections from other individuals,
from organizations, and even from the government.
c. Laws provide a way to set standards. Laws provide enforceable rules and
protections regarding taxes, commercial transactions, employment laws,
insurance, and other important issues that affect the state.
d. Laws help societies to maintain peace order. Laws guarantee punishment for
the offender and that the rights of the victim are upheld, thus creating a
deterrence from committing felonies and offenses.
a. Social Control
For instance, an ordinance that mandates curfew hours within a city imposes
social control.
b. Dispute Resolution
c. Social Change
Rule of law tells that no man can be held to be above the law of the land and
thereby ensures that law is the supreme element that regulates any society.
Law is not only present to provide the society with a set of rules according to
which a society should function but also regulations which the society is
supposed to adopt in its own way in order to ensure welfare to the people living
therein. Law is a helpful agency of the State that brings in a social order that
the people have to abide by in order to avoid unnecessary conflicts that can act
as an obstacle for the overall development of the society.
1. Article 1156
– the person who is bound to the fulfillment of the obligation; he who has a
duty;
– that which binds or connects the parties to the obligation. The tie in an
obligation can easily be determined by knowing the source of the obligation.
– also called the vinculum juris
To give:
1. Employers are bound by law to give 13th month pay to their regular
employees.
2. Employers are bound by law to remit their employees’ SSS contributions on
time.
3. An employee who earns more than P250,000 per year is required to pay
his/her income tax at 20% of the excess of P250,000.
To do:
1. A person engaged in trade or profession shall file his/her income tax return,
regardless of amount of gross income on or before April 15 of each year
covering income for the preceding taxable year.
2. Each employer shall immediately report to the SSS the names, ages, civil
status, occupations, salaries, and dependents of all his employees who are
subject to compulsory coverage.
3. Every official and employee, except those who serve in an official honorary
capacity, without service credit or pay, temporary laborers and casual or
Not to do:
1. Public officials and employees shall not, directly or indirectly, have any
financial or material interest in any transaction requiring the approval of their
office.
2. Public officials and employees shall not engage in the private practice of
their profession unless authorized by the Constitution or law, provided, that
such practice will not conflict or tend to conflict with their official functions.
5. Article 1157
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(5) Quasi-delicts.
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. (Article 1158)
Examples:
Republic Act No. 10963 - Tax Reform for Acceleration and Inclusion (TRAIN)
Law
Article 1159. Obligations arising from contracts have the force of law between
the contracting parties and should be complied with in good faith.
Examples:
b. Wil employed the services of Architect Oliver to design for him a two-
storey house under the agreement that Wil shall pay him P100,000.00
upon the delivery of the blueprints to him.
c. A entered into a 24-month lease agreement with B to use B’s condo unit
for P20,000 monthly that must be paid every 25 th of the month. In case
a. Juliet left her farm unattended for because she is having a vacation.
Romeo, a concerned lover in secrecy, noticed that Juliet has not been
around and the plants are slowly dying. Out of affection, Romeo
cultivated the land and took care of the property. Romeo spent
necessary expenses. Juliet is bound to reimburse Romeo’s expenses
in order for her not to unjustly enrich herself at the expense of Romeo.
4. Delicts are acts or omissions punished by law. These are felonies punished by
the Revised Penal Code or offenses punishable by special laws. Delicts are
crimes.
Article 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, and of Title
XVIII of this Book, regulating damages.
Article 100 of the Revised Penal Code provides that every person criminally
liable is also civilly liable.
Article 104 of the Revised Penal Code provides that the civil liability arising out
of the commission of crime includes:
1. restitution
2. reparation of damage caused
3. indemnification of consequential damages
Examples:
b. Rey Pis was found by the RTC guilty beyond reasonable doubt of the
crime of statutory rape. Aside from the penalty of reclusion perpetua,
Rey was ordered by the court to pay the victim the following amounts:
civil indemnity of ₱75,000.00, moral damages of ₱75,000.00, and
exemplary damages of ₱75,000.00. All monetary awards for damages
shall earn interest at the legal rate of six percent (6%) per annum from
date of finality of the decision until fully paid.
Examples:
a. Dina Caiwas was a victim of a vehicular accident. On her way home, she
was hit by a delivery truck owned by Rush Inc. Dina filed a criminal case in
court for reckless imprudence resulting in serious physical injuries and
damage to property against Mavi Lis, the driver who was an employee of
the said company. The driver was later convicted of the crime and the court
awarded damages in Dina’s favor. However, the driver had no means to
pay or satisfy the award of damages. Dina can therefore recover damages
from Mavi’s employer. Article 103 of the RPC states that employers have
subsidiary civil liability for the felonies committed by their employees in the
discharge of their duties.
c. Eight-year-old boy Otso suffered injuries due to the prank played on him by
the minor children of their neighbors, Mr. & Mrs. Frank. Otso was
hospitalized and received several stitches because of the incident. Marites,
Otso’s mother went to Mr. & Mrs Frank and informed them of the injuries
sustained by her son and asked them for reimbursement of the medical
expenses incurred. Mr. & Mrs. Frank are civilly liable for the injuries and
damages caused by the acts or omissions of their unemancipated children
living in their company and under their parental authority.
7. Read and analyze all the articles related to Article 1157 (sources of obligations)
8. Define culpa, dolo, culpa aquiliana, delicto, negotiorum gestio, solutio indebiti,
culpa contractual, prestation, movable and immovable properties, good father of
the family
Culpa (negligence or fault) is the omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances of the person, of the
time and of the place (Art. 1173).
Article 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of this Chapter.
Article 100 (Revised Penal Code). Civil liability of a person guilty of felony. -
Every person criminally liable for a felony is also civilly liable.
Solutio indebiti (undue payment) 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.
Article 2154. If something is received when there is no right to demand it, and it
was unduly delivered through mistake, the obligation to return it arises.
Article 414. All things which are or may be the object of appropriation are
considered either:
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an
integral part of an immovable;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in
buildings or on lands by the owner of the immovable in such a manner that it
reveals the intention to attach them permanently to the tenements;
intention to have them permanently attached to the land, and forming a permanent
part of it; the animals in these places are included;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed,
and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and
object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over
immovable property.
Article 1163. Every person obliged to give something is also obliged to take care of it
with the proper diligence of a good father of a family, unless the law or the stipulation of
the parties requires another standard of care.