MODULE 1 - LAW ON

OBLIGATIONS

UNIT 1 – INTRODUCTION TO LAW

PART 1
 THE GENERAL NATURE OF LAW
What is law?
 THE GENERAL NATURE OF LAW
What is law?
This apparently easy question is actually difficult to answer.

Even lawyers and law students may not be able to give a plain
answer.

There are as many answers as there are legal experts, writers, jurists
and authorities.
However, the generally accepted definition of law
under our legal system is the one given by the
renowned Spanish jurist Sanchez Roman.

Sanchez Roman distinguished law between two

senses: the general sense and the specific sense.
In its general sense

Law (derecho) is 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.
In its general sense

Law is viewed in 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:

Law (ley) is 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.
 Law in the specific sense 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.
GENERAL DIVISIONS OF LAW
1. Law in its strict legal sense – promulgated and enforced
by the state; this refers to state law.

2. Law in the non-legal sense – not promulgated and

enforced by the state; this includes divine law, natural law,
moral law and physical law.
Divine Law – the law of religion and faith that deals with the
concept of sin and salvation; believed to come directly from God.

Natural Law –human beings possess intrinsic values that govern

our reasoning and behavior. The rules of right and wrong are
inherent in people and are not created by society or court judges.

Moral Law – the totality of the norms of good and right conduct is
based on the collective sense of right and wrong of every
community.

Physical Law – the law of cause and effect. It affects not only
people as rational beings but other things as well.
Take note that from this point onwards and until the
Finals, when we talk about the “law”, we are
referring to state law or law made by the
state/government.
What is state law?

- Law promulgated and enforced by the state.

- Other terms are positive law, municipal law, civil law

or imperative law.
Characteristics of state law
1. A rule of conduct
Characteristics of state law
1. A rule of conduct – it tells people what to do and what not to do. It applies
only to external conduct. In other words, what is only in the thoughts and
minds is not covered by state law.
 Characteristics of state law
1. A rule of conduct – it tells people what to do and what not to do. It applies
only to external conduct. In other words, what is only in the thoughts and
minds is not covered by state law.
2. Obligatory
 Characteristics of state law
1. A rule of conduct – it tells people what to do and what not to do. It applies
only to external conduct. In other words, what is only in the thoughts and
minds is not covered by state law.
2. Obligatory – it imposes a duty to obey. Otherwise there is a corresponding
sanction or punishment.
Characteristics of state law

1. A rule of conduct – it tells people what to do and what not to do.

It applies only to external conduct. In other words, what is only in
the thoughts and minds is not covered by state law.
2. Obligatory – it imposes a duty to obey. Otherwise there is a
corresponding sanction or punishment.
3. Promulgated by legitimate authority
 Characteristics of state law
1. A rule of conduct – it tells people what to do and what not to do. It
applies only to external conduct. In other words, what is only in the
thoughts and minds is not covered by state law.

2. Obligatory – it imposes a duty to obey. Otherwise there is a

corresponding sanction or punishment.

3. Promulgated by legitimate authority – in the Philippines that

legitimate authority is the legislative department or the Congress.
Laws made by the Congress are called statutes, legislations or republic
acts.
 Characteristics of state law
1. A rule of conduct – it tells people what to do and what not to do. It applies only to
external conduct. In other words, what is only in the thoughts and minds is not covered by
state law.

2. Obligatory – it imposes a duty to obey. Otherwise there is a corresponding sanction or

punishment.

3. Promulgated by legitimate authority – in the Philippines that legitimate authority is the

legislative department or the Congress. Laws made by the Congress are called statutes,
legislations or republic acts.

4. Of common observance and benefit

 Characteristics of state law
1. A rule of conduct – it tells people what to do and what not to do. It applies only to
external conduct. In other words, what is only in the thoughts and minds is not covered by
state law.

2. Obligatory – it imposes a duty to obey. Otherwise there is a corresponding sanction or

punishment.

3. Promulgated by legitimate authority – in the Philippines that legitimate authority is the

legislative department or the Congress. Laws made by the Congress are called statutes,
legislations or republic acts.

4. Of common observance and benefit – law must be observed by all for the benefit of all
Sources of law
1. Constitution – the fundamental law or supreme law, the
highest law of the land. All other laws should conform to
what the Constitution provides.
Sources of law
1. Constitution – the fundamental law or supreme law, the
highest law of the land. All other laws should conform to
what the Constitution provides.
2. Legislation – laws enacted by Congress.
 Sources of law
1. Constitution – the fundamental law or supreme law, the highest
law of the land. All other laws should conform to what the
Constitution provides.
2. Legislation – laws enacted by Congress.
3. Administrative or executive orders, regulations and rulings –
issued by administrative or executive authorities. Their purpose is to
implement, explain or provide the details of legislations.
Sources of law
1. Constitution – the fundamental law or supreme law, the highest
law of the land. All other laws should conform to what the
Constitution provides.
2. Legislation – laws enacted by Congress.
3. Administrative or executive orders, regulations and rulings –
issued by administrative or executive authorities. Their purpose is to
implement, explain or provide the details of legislations.
4. Judicial decisions or jurisprudence – decisions of the Supreme
Court form part of our legal system.
Sources of law
1. Constitution – the fundamental law or supreme law, the highest law of the land. All
other laws should conform to what the Constitution provides.
2. Legislation – laws enacted by Congress.
3. Administrative or executive orders, regulations and rulings – issued by
administrative or executive authorities. Their purpose is to implement, explain or
provide the details of legislations.
4. Judicial decisions or jurisprudence – decisions of the Supreme Court form part of
our legal system.
5. Custom – habits and practices which through long and uninterrupted usage have
become acknowledged and approved by society as binding rules of conduct. In deciding
a case or controversy the courts may apply a custom only if there is no law or statute
exactly applicable to resolve it.
 Sources of law
1. Constitution – the fundamental law or supreme law, the highest law of the land. All other
laws should conform to what the Constitution provides.
2. Legislation – laws enacted by Congress.
3. Administrative or executive orders, regulations and rulings – issued by administrative or
executive authorities. Their purpose is to implement, explain or provide the details of
legislations.
4. Judicial decisions or jurisprudence – decisions of the Supreme Court form part of our legal
system.
5. Custom – habits and practices which through long and uninterrupted usage have become
acknowledged and approved by society as binding rules of conduct. In deciding a case or
controversy the courts may apply a custom only if there is no law or statute exactly applicable
to resolve it.
6. Other sources – principles of justice and equity, decisions of foreign tribunals, opinions of
text writers and religion. They are only supplementary in the sense that courts resort to them
only in the absence of all other sources.
Organization of courts
Judicial power is vested in the Judicial Department of the government
which comprises of the Supreme Court and other lower courts.

Judicial power is the power to decide actual cases and controversies

involving the interpretation and application of law.

The judicial system consists of hierarchy of courts with a pyramid-like

structure with the Supreme Court on top.
 The courts under the judicial department are
classified into:

1. Regular courts – hear and decide almost all cases not falling
under the jurisdiction of special courts.
These are the Supreme Court, Court of Appeals, Regional Trial
Courts, Municipal Trial Courts, Metropolitan Trial Courts.

2. Special courts – hear and decide special cases. These are the
Sandiganbayan, Court of Tax Appeals and Sharia Courts.
Aside from the regular and special courts under the judicial department there
are the so-called quasi-judicial agencies.

“Quasi” literally means as if.

Hence, although not under the judiciary, quasi - judicial agencies are like
regular and special courts because they too hear and decide actual cases and
controversies.
Quasi-judicial Agencies
Administrative or executive agencies or constitutional commissions that
also hear and decide actual cases and controversies.
They are not courts under the judicial department although their decisions
may be reviewed, reversed and set aside by the regular or special courts,
particularly by the Supreme Court.
Examples are DOJ, DOLE, National Labor Relations Commission,
Securities and Exchange Commission, Civil Service Commission and
Commission on Elections.
Classifications of law
1. As to its purpose:
Substantive law – creates and defines rights and duties which may be either
public or private character. Example: Civil Code

Adjective law – prescribes the manner or procedure by which rights may be

enforced or their violations redressed. Example: Rules of Court
Classifications of law
2. As to subject matter:
Public law – regulates the rights and duties arising from the relationship of
the state to the people. Example: Revised Penal Code.

Private law – regulates the relations of individuals with one another for
purely private end. Example: Law on Obligations and Contracts.
Law on Obligations and Contracts
This is a set of rules that deals with the nature and sources of obligations and the rights and duties
arising from agreements and the particular contracts.

It is a civil law. Civil Laws are body of laws of a state or nation regulating ordinary private matters,
as distinct from laws regulating criminal, political, or military matters. In other words, civil laws are
laws dealing with the relations of persons with one another for some personal or private ends. So,
aside from obligations and contracts, matters pertaining to persons and family relations, properties,
ownership, sales, partnership, agency, credit transactions, and damages are also governed by our civil
laws.

The law on obligations and contracts is part of the Civil Code of the Philippines (Republic Act No.
386, as amended).

Most (but not all) of our civil laws are found in the Civil Code.
Law on Obligations and Contracts
Our Civil Code is a collection of different civil laws and has 2270 articles. The
Civil Code took effect on August 30, 1950. If it is a person the Civil Code is
already a senior citizen and already past the retirement age. But as a rule, law
has no expiration date. Thus, the Civil Code is still an effective, useful and
valuable piece of legislation.
One very old law that is still in effect is the Revised Penal Code (Act No.
3815) passed on November 25, 1929.
Conclusive presumption of knowledge of the law.
The rule is ignorance of the law excuses no one from complying with the law
(Ignorantia juris non excusat or ignorantia legis neminem excusat). (Article 3,
Civil Code)

A person who is unaware of a law may not escape liability for violating that law
merely because one was unaware of its content.

A person is conclusively presumed to know the law. In other words even if one
really does not know the law he/she can still be punished for violating it.

The person cannot use as an excuse that he/she is ignorant of that law.
Example:
What comes into your mind when you hear the word “fencing”?
Most probably this, right?
On the other hand, what comes into your mind when you hear the
word “fence”?
Most likely this, right?
But do you know that in criminal law “fencing” is a crime
and “fence” is the person who commits that crime???
Huh???
Say that again???
 Section 2, Presidential Decree 1612 (Anti-Fencing Law)
defines Fencing as "the act of any person who, with intent to
gain for himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item, object or anything of
value which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft.“
 The same Section also states that a Fence "includes any
person, firm, association, corporation or partnership or
other organization who/which commits the act of
fencing."
So a person who bought a stolen cellphone can be jailed for
committing fencing.

Even if the stolen cellphone was just given to that person it is

already fencing. Because mere possession of a stolen object
already raises the presumption (disputable) that the person
committed the crime.
Can the person raise the defense that he/she did not know the
Anti-Fencing Law?

No. Ignorance of the law excuses no one from complying with

the law (Ignorantia juris non excusat or ignorantia legis
neminem excusat).
THE END