LOMA, ABIGAIL JOY C.

BSACC 1-YB-4
WEEK 2 ACTIVITY

OBLIGATION AND CONTRACTS

1. What is law?
- Law means any rule of action or any system of uniformity. It guides the behavior
and actions of society and its people which can be resulted of injuries or damaged when
noncompliance occurred. Maintaining an order under the law is necessary to avoid chaos
and to resolve disputes in a non-bias or legal manner. It doesn’t determines only the
activities of an individual but also applicable to all objects of creation, whether animate or
inanimate.

2. What are the general divisions of law?

- Under the book of Hector De Leon, the general divisions of law are divided into
two, which are the law in strict legal sense and law in non-legal sense. Law in a strict legal
sense is implemented and/or enforced by the state while law in non-legal sense is not
promulgated and/or enforced by the state which refers to natural law, moral law, divine law,
and physical law.

3. What are the characteristics of law?

- The characteristics of law in specific sense are:
1. It is a rule of conduct - as per our human conduct, it gives us awareness what are the
external factors that should be done and should not be done.
2. It is obligatory - its duty is to imposed a command or duty to obey by the people that
involved a penalty for disobeying the law for obedience.
3. It is promulgated by the legitimate authority - the power to enact the law called
“statutes” is vested to the legislative, in a specific term the Congress. Local government
also have the power to enact ordinances which have the binding force of the law.
4. It is of common observance and benefit - Law is intended by man to serve man. It
must be observed by the benefit of all in order to maintain an harmony and to make a
order.
4. What are the sources of law?
- The principal sources of law in the Philippines are the Constitution, legislation,
administrative rules and regulations, judicial decisions, and customs.
1. Constitution - referred to as the fundamental law or supreme law of highest law of the
land as it was enacted by the people itself, binding on all individual citizens and all agencies
of the government. The laws that are considered to be inconsistent with the constitution
shall be void since it is the law which legislature shall conform.
2. Legislation - the preponderance source law in the Philippines. It consists of declaration of
rule by competent authority rule is the legislature and legislation likewise includes the
ordinance by local government or LGU’s.
3. Administrative or executive orders, regulations, and rulings - officials under legislative
authority. They are intended to clarify or explain the law and carry the effects of its general
provisions. The said administrative acts are valid only when they are not against the
constitutions.
4. Judicial decisions or jurisprudence - decisions of the courts, particularly the supreme
court, applying the laws or the constitutions for part of the legal system of the Philippines
which is included in the Article 8 of new Civil code. This is referred to as the doctrine of
precedent or stare decisis. They can also reverse and modify the previous rulings.
5. Custom - may be applied by courts in the absence of statutes exactly applicable to the
point of controversy. It has the force of law when recognized and enforced by the state. A
custom must be proved as a fact according to the rules of evidence but customs that are
contrary to law are not countenanced.
*Other Sources - they are supplementary as they are resorted to by courts in the absence of
all the other sources such as principles of justice and equity, decisions of foreign tribunals,
opinions of textwriters, and religion. However, they are not binding on the courts.

5. Discuss the organization of courts.

- the judiciary, composed of the courts, is one of the three main divisions of power
in our system of government.
1. Regular courts - Philippine judicial system have a hierarchy resembling a pyramid with the
supreme court. Under present legislation, the other courts are Court of Appeals, Regional
Trial Courts, and Metropolitan Trial Courts. They are considered courts of general or superior
jurisdiction.
2. Special courts - there is a special anti-graft court called the Sandiganbayan. It forms part
of the judicial hierarchy together with the Court of Tax Appeals, a special tax court created
by law, on the same level as Court of Appeals.
3. Quasi-judicial agencies - National Labor Relations Commission, SEC, LTFRB, Insurance
Commission, etc., and the Independent Constitutional Commissions are administrative
bodies under the executive branch performing quasi-judicial functions. They are described as
“quasi-judicial” as they also involve the settlement or adjudication of controversies or
disputes.
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6. Discuss the classification of law.
- The main classification of law are as to its purpose and as to its nature.
1. As to its purpose
A. Substantive law - portion of the body of law creating, defining, and
regulating rights and duties which may be through public or private matter.
B. Adjective law - portion of the body of law prescribing the manner or
procedure by which rights may be enforced or their violations redress
sometimes is called remedial or procedural law.
2. As to its nature
A. Public law - it is also known as the body of legal rules which regulates the rights and
duties comes from the relations of the state to people. Included in public law are
international law, constitutional law, administrative law, and criminal procedure.
B. Private law - known as the body of rules which regulates the relatives of individuals with
one another for purely private ends. The state is involved in private law it enforces private
law but simply an arbiter.
7. Define obligation and contracts.
- it consists of rules which involves and deals with the nature and sources of
obligation and the rights and duties from the stipulation or agreements on a particular
contracts. It is a private law;substantive law.
8. What is the Civil Code of the Philippines?
- civil law refers to the law found primarily in our Civil code. The law on obligations
and contracts is found in R.A No. 386, known as the Civil code of the Philippines. The Civil
code based mainly on Spain and took effect on December 7, 1889 on the Philippines and
approved as R.A No. 386 on June 18, 1949 which took effect on August 30, 1950.
9. Discuss the Conclusive Presumption of Knowledge of Law.
- ignorance of law excuses no one from compliance therewith. (Art. 3, Civil Code)
“Everyone is conclusively presumed to know the law” for the following reason:
A. If laws will not be binding until they are actually known, then social life will be impossible,
because most laws cannot be enforced due to their being unknown to many.
B. It is almost impossible to prove the contrary when a person claims ignorance of the law
C. It is absurd to absolve those who do not know the law and increase the obligations of
those who know it
D. We carry norms of right and wrong, and 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.
E. Evasion of 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.
10. Discuss the form of obligations.
- Form refers to the manner in which obligation is manifested or incurred. As a
general rule, the law does not require any form for obligations that arises form contracts for
the validity or binding force. Obligations arising from other sources don’t have any form at
all.
11. Discuss the sources of obligations.
- The sources of obligations are:
1. Law - implemented by law.
2. Contracts - they are formed by the agreement of parties.
3. Quasi-contracts - arises from lawful, voluntary, and unilateral acts which are enforceable
to the end that no one shall be benefited at the expense of another.
4. An act or omissions punishable by law - arises from civil liability, legal obligation that
requires a party to pay for damages, which is the consequences of a criminal offense. (Art.
1161)
5. Quasi-delicts or torts - arises from damage caused to another through an act or omission
but no contractual relation exists between the parties.