WAYS TO CHANGE THE CONSTITUTION
REVISION
The 1987 Constitution (Article XVII) provides for three modes of changing the
Constitution:
1. Congress upon three-fourths vote of all its Members (Congress acting as a
Constituent Assembly, fondly called “Con-Ass”).
2. A constitutional convention (fondly called “ConCon”).
3. People’s initiative.
The transition from the 1973 Constitution to the 1987 Constitution was “extra-
constitutional” in nature.
CONGRESS AS CONSTITUENT ASSEMBLY
The power to amend the Constitution or to propose amendments is not
included in the general grant of legislative powers to Congress. It is part of the
inherent right of the people. Congress may propose amendments to the
Constitution because the Constitution explicitly grants that power. Hence,
when exercising that power, it is said that members of Congress act not as
members of Congress, but as component elements of a constituent
assembly.
The members of Congress, acting as a constituent assembly, propose the
amendments or revisions. A respected Constitutionalist, Fr. Joaquin Bernas,
points to the record of the Constitutional Convention that “the two houses of
Congress vote separately” in reaching the required 3/4 vote. (Incidentally, the
House of Representatives issued House Resolution No. 1109 to test if the
Supreme Court would rule on whether the three-fourths vote of the Senate
and House of Representatives should be done separately.)
CREATION OF CONSTITUTIONAL CONVENTION
The Congress may call a constitutional convention by a vote of 2/3 of all its
members. Congress may also submit to the electorate the question of calling
such a convention by a majority vote of all its members.
The members of the Constitutional Convention, not the members of
Congress, propose the amendments or revisions.
PEOPLE’S INITIATIVE
Amendments to the Constitution may be directly proposed by the people
through initiative upon a petition of: (1) at least 12% of the total number of
registered voters; AND (2) every legislative district must be represented by at
least 12% of the registered votes therein. No amendment is allowed more
often than once every 5 years thereafter.
The essence of amendments through people’s initiative is that the entire
proposal on its face is a petition by the people. This means two essential
elements must be present: (1) the people must author and thus sign the entire
proposal. No agent or representative can sign on their behalf; and (2) the
proposal must be embodied in a petition. These essential elements are
present only if the full text of the proposed amendments is first shown to the
people who express their assent by signing such complete proposal in a
petition.
The Constitution, however, directs the Congress to enact a law to implement
the provisions on people’s initiative. While the Constitution has recognized or
granted that right, the people cannot exercise it if Congress, for whatever
reason, does not provide for its implementation.
In 1989, Congress passed Republic Act No. 6735 (also known as the
“People’s Initiative and Referendum Act”), which is intended to cover initiative
to propose amendments to the Constitution. However, the Supreme Court
declared that this law is “incomplete, inadequate, or wanting in essential
terms and conditions insofar as initiative on amendments to the Constitution
is concerned.” In other words, there is yet no law which effectively provides
for the exercise of people’s initiative to amend the Constitution.
AMENDMENT VS.
Yes. Revision broadly implies a change that alters a basic principle in the
constitution, like altering the principle of separation of powers or the
system of checks-and-balances. There is also revision if the change alters
the substantial entirety of the constitution, as when the change affects
substantial provisions of the constitution. It generally affects several
provisions of the Constitution. Congress or a constitutional convention can
propose both amendments and revisions to the Constitution. A “revision”
through people’s initiative is not allowed.
Amendment broadly refers to a change that adds, reduces, or deletes
without altering the basic principle involved. It generally affects only the
specific provision being amended. Where the proposed change applies
only to a specific provision of the Constitution without affecting any other
section or article, the change may generally be considered an amendment
and not a revision. For example, a change reducing the voting age from 18
years to 15 years is an amendment and not a revision. Similarly, a change
reducing Filipino ownership of mass media companies from 100% to 60%
is an amendment and not a revision. Also, a change requiring a college
degree as an additional qualification for election to the Presidency is an
amendment and not a revision. The people, directly through a people’s
initiative, may change the Constitution through an “amendment”.
However, there can be no fixed rule on whether a change is an
amendment or a revision. A change in a single word of one sentence of
the Constitution may be a revision and not an amendment. For example,
the substitution of the word “republican” with “monarchic” or “theocratic” in
Section 1, Article II of the Constitution radically overhauls the entire
structure of government and the fundamental ideological basis of the
Constitution. Thus, each specific change will have to be examined case-
by-case, depending on how it affects other provisions, as well as how it
affects the structure of government, the carefully crafted system of checks-
and-balances, and the underlying ideological basis of the
existing Constitution.
VALIDITY OF AMENDMENT OR REVISION
Any amendment or revision of shall be valid only when ratified by a
majority of the votes cast in a plebiscite. In other words, the proposed
amendments/revisions that come out of the Con-Ass, ConCon or people’s
initiative, as the case may be, must be ratified by the people through a
plebiscite. This is ideally done through a special election, although this is
not required under the Constitution.
[Sources: Gonzales vs. COMELEC; Sanidad vs. COMELEC; Defensor-
Santiago vs. COMELEC; Lambino vs. COMELEC]
https://pnl-law.com/blog/how-to-change-a-constitution/
Settlement of an estate need not undergo judicial proceedings all the
time. Rule 74, Section 1 of the Rules of Court allows the extrajudicial
settlement of estate by agreement among the heirs. Said Rule states:
Sec. 1. Extrajudicial settlement by agreement between heirs. – If the
decedent left no will and no debts and the heirs are all of age, or the minors
are represented by their judicial or legal representatives duly authorized for
the purpose, the parties may, without securing letters of administration, divide
the estate among themselves as they see fit by means of a public instrument
filed in the office of the register of deeds, and should they disagree, they may
do so in an ordinary action of partition. If there is only one heir, he may
adjudicate to himself the entire estate by means of an affidavit filed in the
office of the register of deeds. The parties to an extrajudicial settlement,
whether by public instrument or by stipulation in a pending action for partition,
or the sole heir who adjudicates the entire estate to himself by means of an
affidavit shall file, simultaneously with and as a condition precedent to the
filing of the public instrument, or stipulation in the action for partition, or of the
affidavit in the office of the register of deeds, a bond with the said register of
deeds, in an amount equivalent to the value of the personal property involved
as certified to under oath by the parties concerned and conditioned upon the
payment of any just claim that may be filed under Section 4 of this rule. It
shall be presumed that the decedent left no debts if no creditor files a petition
for letters of administration within two (2) years after the death of the
decedent.
The fact of the extrajudicial settlement or administration shall be published in
a newspaper of general circulation in the manner provided in the next
succeeding section; but no extrajudicial settlement shall be binding upon any
person who has not participated therein or had no notice thereof.
However, extrajudicial settlement of estate cannot be resorted to every time.
There are conditions which must be satisfied such as:
1. The decedent left no will.
2. The decedent has no debts or his debts have been fully paid.
3. The heirs are all of legal age or the minors are duly represented by their
judicial or legal representatives.
4. A public instrument is duly executed by the heirs and filed with the Register
of Deeds.
Extrajudicial settlement of estate is often recommended to expedite the
transfer of properties of the decedent to his heirs. This is in view of the fact
that judicial settlement of estate takes years before the case is concluded.
Furthermore, this is more adversarial and is resorted to when the heirs
disagree on the properties to be partitioned and the corresponding shares of
the respective heirs.
An extrajudicial settlement of estate is done by executing an “Extrajudicial
Settlement Among Heirs”. This is a legal document specifying:
1. Compliance with the legal conditions for an extrajudicial settlement
2. Description of the properties to be extrajudicially settled (title number,
value, location, lot size, technical description, etc.)
3. Nature of the property (if conjugal property)
4. Name of the heirs
5. How the properties shall be divided amongst the heirs.
6. Posting of a bond if there is personal property involved.
7. Undertaking that the Deed will be published in a newspaper of general
circulation once a week for 3 consecutive weeks.
It must be noted that the Deed of Extrajudicial Settlement must be
published in a newspaper of general circulation once a week for 3
consecutive weeks. Kindly consult with the Register of Deeds where the
property is located for the listing of these newspapers.
Before filing the Deed of Extrajudicial Settlement with the Register of
Deeds where the land is located, it is necessary that the estate taxes be
paid first. Under Philippine laws, estate tax is defined as a tax on the right
of the deceased person to transmit his estate to his lawful heirs and
beneficiaries at the time of death and on certain transfers, which are made
by law as equivalent to testamentary disposition. According to the Bureau
of Internal Revenue, estate tax is not a tax on property but rather imposed
on the privilege of transmitting property upon the death of the owner.
IMPORTANT: The discussion below on the estate taxes, deduction and
procedure before the BIR is relevant only to those who died before 01
January 2018 since Republic Act No. 10963, otherwise known as the Tax
Reform for Acceleration and Inclusion Law (TRAIN Law), amended the Tax
Code, including the procedure, tax rates and deductions for estate taxes.
The TRAIN Law became effective on 01 January 2018.
It bears great emphasis that the Estate Tax Return must be filed within six
(6) months from the decedent’s death. The deadline may be extended by
the Commissioner of the BIR, in meritorious cases, not exceeding thirty
(30) days. It must be noted that the estate itself is assigned its own Tax
Identification Number (TIN). The Estate Tax Return is filed with Revenue
District Office (RDO) having jurisdiction over the place of residence of the
decedent at the time of his death. If the decedent has no legal residence in
the Philippines, then the return can be filed with:
1. The Office of the Revenue District Officer, Revenue District Office No.
39, South Quezon City; or
2. The Philippine Embassy or Consulate in the country where decedent is
residing at the time of his death.
Furthermore, the estate tax shall be paid at the time the return is filed.
However, upon request and if the Commissioner of the BIR finds that
payment on the due date of the Estate Tax or of any part thereof would
impose undue hardship upon the estate or any of the heirs, he may extend
the time for payment of such tax or any part thereof not to exceed five (5)
years, in case the estate is settled through the courts or two (2) years in
case the estate is settled extra-judicially. If an extension is granted, the BIR
Commissioner may require a bond in such amount, not exceeding double
the amount of tax, as it deems necessary.
The estate tax is based on the value of the net estate as follows:
1.. If not over P200,000, it is exempt
2. If over P200,000 but not over P500,000, then tax is 5% of the excess
over P200,000
3. If over P500,000 but not over P2,000,000, then tax is P15,000 PLUS 8%
of the excess over P500,000
4. If over P2,000,000 but not over P5,000,000, then tax is P135,000 PLUS
11% of the excess over P2,000,000
5. If over P5,000,000 but not over P10,000,000, then tax is P465,000
PLUS 15% of the excess over P5,000,000
6. If over P10,000,000, then tax is P1,215,000 PLUS 20% of the excess
over P10,000,000
The basis shall be the net estate. That means that there are allowable
deductions on the estate. These deductions include funeral expenses,
share of the surviving spouse, medical expenses incurred by the decedent
within 1 year prior to his death, family home deduction of not more than
P1,000,000.00, standard deduction of P1,000,000.00, among others. It is
best to consult with an accountant on this matter to determine the accurate
estate tax.
For extrajudicial settlement of estate, the following documents must be
submitted with the BIR:

1. Notice of Death
2. Certified true copy of the Death Certificate
3. Deed of Extra-Judicial Settlement of the Estate
4. Certified true copy of the land titles involved
5. Certified true copy of the latest Tax Declaration of real properties at the
time of death
6. Photo copy of Certificate of Registration of vehicles and other proofs
showing their correct value
7. Photo copy of certificate of stocks
8. Proof of valuation of shares of stocks at the time of death
a. For listed stocks – newspaper clippings or certification from the Stock
Exchange
b. For unlisted stocks – latest audited Financial Statement of issuing
corporation with computation of book value per share
9. Proof of valuation of other types of personal property
10. CPA Statement on the itemized assets of the decedent, itemized
deductions from gross estate and the amount due if the gross value of the
estate exceeds two million pesos
11. Certification of Barangay Captain for claimed Family Home

Other documents may also be requested by the BIR.

After the estate taxes have been paid, the heirs may proceed to the Register
of Deeds where the land is situated. If the Register of Deeds would allow it,
the filing with the BIR and Register of Deeds may be simultaneous. The proof
of payment of the estate tax, Affidavit of Publication of the Deed, the Deed of
Extrajudicial Settlement of Estate are the basic requirements to be submitted
to the Register of Deeds. When all pertinent documents are submitted, the
Register of Deeds will correspondingly issue the Transfer of Certificates of
Title to the proper heirs.

On a final note, it must be borne in mind that the extrajudicial settlement can
be nullified if it was done in fraud of creditors or other rightful heirs.
Furthermore, this can open the erring heirs to criminal liabilities.
ARTICLE 1156 5 PRINCIPAL PURPOSES OF THE LAW
- An obligation is a juridical necessity to give, to do, or not to do. 1. Maintains order and stability
ORDER - everything is in its proper place
JURIDICAL - from the Latin word jurice, it means law STABILITY - proceeds order
- you can have stability if there is order and peace
NECESSITY - mandatory requirement
WHEN DO YOU SAY IF A PERSON IS STABLE?
JURIDICAL NECESSITY - lawful legal requirement A. has high paying job
- mandated by law that we must comply B. assets is greater that liabilities
C. has emergency funds
1. TO GIVE - implies one party (A) giving something that belongs to another
party (B) SUCCESSION LAW - when a person die, all his possessions goes to
- delivery of a movable or immovable things in order to create estate to know the total value
real right
MOVABLE - anything which is not land DEBT CAN BE INHERITED.
IMMOVABLE - land
- for the use of recipient Law enforcement maintain order and stability in society.
- for simple possession
- to return to its owner Laws promotes fairness and justice.
Remember: You cannot give what you do not have
In law: You cannot give what you do not possess. FAIRNESS - giving what is due
JUSTICE - fair and proper application and administration of laws and
2. TO DO - implies performance recognition and enforcement of laws by courts.
- execution of services
- obligation usually seen in contracts 2. Establishes standards
- written works or services - minimally accepted behavior in a society

3. NOT TO DO - abstaining from doing specific things
- includes not to give
Under the law, everybody who earned a sufficient amount of income is
required by the National Internal Revenue Code of the Philippines to give
their share of taxes
Without standards, people won’t be presentable and there will be crime.
Laws can change.
If there are no standards, we settle for less. DO NOT SETTLE FOR LESS.
NO TO BARE MINIMUM!

TAXES are the lifeblood of the economy. 3. Resolves disputes

Disputes are unavoidable.
2 TYPES OF CONTRACTS
1. UNILATERAL CONTRACTS - one-sided, action undertaken by one person Law is the resolution for disputes.
or group alone.
2. BILATERAL CONTRACTS - two-sided, agreement between at least two PHILIPPINE JUSTICE SYSTEM compose of 5 kinds of courts
people or groups
5 KINDS OF COURTS
INTRODUCTION TO LAW 1. LOWER COURTS
WHAT IS LAW? - municipal trial courts
- any rule of action or any system of uniformity - municipal circuit trial courts
- municipal circuit trial courts of city
CIVIL CODE - encompasses all laws in regard to relationship of man with - metropolitan trial courts
contracts, people, and business
- deals with trivial cases, small claims
Rule of action can be seen in every provision of law. Any provisions is a rule - monetary does not exceeds 200k
of action. - money small claims

The revised Penal Code of the Philippines is the repository of the criminal 2. REGULAR COURTS
laws in the Philippines - Regional Trial Courts ( RTC)
- handles criminal and civil cases
Taking all the articles into account form a system of uniformity - example is color game and drug cases

CONSTITUTION - mother law Extrajudicial settlement of estate? (PAGE 3)

- the basis of all law
What is vinculum juris?
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES is is a Latin term that means "a bond of the law." In Roman law, it refers to
the supreme law of the land the legal tie that binds one person to another, creating an obligation. It is
like a promise or agreement that must be fulfilled.
3 WAYS OF CHANGING CONSTITUTION (PAGE 2)
In Philippines, we do not have absolute divorce. We have 2 ways of
PURPOSE OF THE LAW separating marriage types.
- It is the cornerstone of mankind, peace, order and stability - nullification of marriage
- legal separation
CONTRACTS - the law between 2 parties (people)
Legal interest rate = 6% One is legally separated if they have a certificate of legal separation.
IGNORANCE OF THE LAW EXCUSES NO ONE.
3. SPECIAL COURTS Assisting in suicide
- family court - crime of helping someone commits a suicide
- financial support for children
RIGHTS - legal entitlements
MR - MOTION FOR RECONSIDERATION OBLIGATIONS - corresponding liabilities and or responsibilities

4. COURT OF APPEALS 5. Regulates commerce and Relationships

- middle court
COMMERCE - business
5. SUPREME COURT RELATIONSHIPS - relation between one person and another
- highest court of the lands COMMERCE RELATIONSHIPS - contractual agreements
- jurisprudence - what the law is and what it ought to be
- way of resolving disputes Contracts provides structure for every business.

Brgy Captain can resolve disputes through settlement. General divisions of law
- In strict legal sense - promulgated and enforced by the state
KATARUNGANG PAMBARANGAY LAW - in non-legal sense - not promulgated and enforced by the state
- Brgy Captain is empowered to act as a mediator
- forms judicial system in Philippines 5 SUBJECTS OF LAW
- can settle cases 1. STATE LAW
- under executive branches Sources: a. Constitution
b. Legislation
3 CO-EQUAL BRANCHES OF THE GOVERNMENT c. EOs, AOs
1. EXECUTIVE d. jurisprudence
- headed by he President, cabinet secretaries, heads of department e. custom - nature of one cultural settings
- for the enforcement of laws example: use of marijuana
- Mayor (LGUs)
- CPA Impediments - obstacle

Law Sanctions: Fine and/or punishments for crimes; indemnification

- EOs ( Executive Orders)
issued by President State law is applicable to all Filipinos citizen, foreign visitors, and Resident
Aliens
- AOs ( Administrative Orders)
issued by cabinet secretaries and department head 2. DIVINE LAW
- religious beliefs
2. LEGISLATIVE Sources: faith, divine being, God
- congress - not enforceable to some people
- craft laws - personal - it must come up to your desire
- 2 houses : Senate
The house of representatives Sanctions: Punishment in the afterlife/ next life
- Counselor (LGUs)
3. NATURAL LAW
Local legislative council Source: Man’s inner goodness
- out of person’s morality
Law
- RAs (Republic Acts) Sanctions: Man’s guilty conscience

3. JUDICIAL Falling out of love is not natural.

- courts, lawyer, attorney
- officer of the courts 4. MORAL LAW
- citizens arrest Sources: Collective Standards of the community
- forms courts Sanctions: Public condemnation

- publish decisions 5. PHYSICAL LAW

- jurisprudence- decisions by supreme courts Sources: Nature and Science
- deals with how things are made, how things are always been
Quasi judicial bodies - agencies which exercise quasci judicial power - wala kang choice
Example : DOLE example: gravity

4. Protects individual Rights and Liberties No santions

- Laws are the bedrocks of individuals Rights
- The action of individual must align with what is considered proper conduct. SANCTIONS - violations/ against the rule

UDHR ACTUAL COMPLETE AND LEGAL COMPREHENSIVE DEFINITION OF

- Universal Declaration of Human Rights OBLIGATIONS
- Karapatang Pantao
An obligation is a JURIDICAL RELATION whereby a person (called the
Primordial right - to live creditor) may demand from another (called debtor) the OBSERVANCE OF
A DETERMINATIVE CONDUCTS and in case of breach may demand
Liberties - Kalayaan satisfaction from the assets of the latter.
JURIDICAL RELATION- bound by law Can departments issues laws?
BREACH - violation Yes if it is executive branch, executive orders (EO) from the President, and
CREDITOR - possesses a right department administrative orders (AO)
DEBTOR - possess duty to fulfill creditor’s right
- who has obligation Common laws
DETERMINATIVE CONDUCT - prestations 1. Payment of taxes
PRESTATIONS - to give, to do, not to do We pay taxes to Bureau of Internal Revenue (BIR)
Source law - National Internal Revenue Code (NIRC)
Meaning of obligation
- from Latin word obligatio means tying or binding. 2. Violation of Crimes
- it is a tie or bond recognized by law by virtue of which one is bound in favor - application of punishment is done by courts
of another to render something - punishment enforce by law enforcement & courts of law
Definition of crimes comes from Revised Pecal Code (RPC)
4 ESSENTIAL ELEMENTS/ REQUISITES OF AN OBLIGATION (JAPO)
3. Payment of child support
JURIDICAL OR LEGAL TIE (VINCULUM JURIS) - If government agencies, facilitated by Department of Social Welfare and
- binding force which ties parties to obligations Development (DSWD)
- Special courts or family courts
Forms of obligation may be oral or in writing Source law - Civil code of the Philippines particularly family code of the Ph.

ACTIVE SUBJECT RA 623

- creditor/obligee an act to regulate the use of duly stamped or marked bottles , boxes,
- possessor of a right casks, kegs, barrels and other similar containers (including containers of
compressed gases, as introduced by RA 5700)
PASSIVE SUBJECT
- debtor/oblicor - contains prohibition and exemptions from the law
- who is bound to the fulfillment of a determinative conducts
CIVIL ACTION - one where a party sues another for the enforcement or
OBJECT OR PRESTATIONS protection of a right or the prevention or redress of a wrong.
- subject matter of an obligation
- purpose Plaintiff - suing party/ suers
Defendant - the one who is sued
NATURE OF OBLIGATIONS UNDER CIVIL CODE is always civil in nature
Redress - remedy
CIVIL OBLIGATIONS - comes from positive law
POSITIVE LAW - anything that instructs or tells what to do or what not to do 3 FORMS OF OBLIGATIONS
- state law 1. ORAL OBLIGATIONS
Example: Crime of Treason 2. WRITTEN OBLIGATIONS
Art. 114. Treason - Anyone who levies war against the Philippines 3. MIXTURE OF BOTH
government or adheres to her enemies, giving them aid or comfort within the
Philippines are liable for treason 2. CONTRACTS
Contracts contains different obligations. It has its own form.
Comparison of Civil and Natural
Civil obligations comes from civil law Article 1356
Natural obligations comes from natural law Contacts shall be obligatory, in whatever form they may have been entered
into, provided all the essential requisites for their validity are present.
CIVIL IN NATURE However, when the law requires that a contract be in some form in order
Civil obligations - formal agreements, no consent, written acquisitions of that it may be valid or enforceable or that a contract be proved in a certain
both parties way, that requirement is absolute and indispensable. In such cases, the
Natural obligations - no contracts and no formality right of the parties stated in the following article cannot be exercised.
ARTICLE 1157: THE SOURCES OF OBLIGATIONS Unlike contracts, obligations requires no form. Contracts sometimes need
a prescribed form.
1. LAWS
What is law under the civil code? ARTICLE 1157. Obligations arise from
- a rule of conduct, just, obligatory, promulgated by legitimate authority and of 1. Law
common observance and benefit. 2. Contracts
3. Quasi- contracts
RULE OF CONDUCT - it dictates actions 4. Acts or omissions punished by law
JUST - fair, about equity 5. Quasi- delicts
EQUALITY VS EQUITY Page 18
EQUALITY means being equal while EQUITY means being fair Obligations - is the act or performance which law will enforce
Right - is the power which a person has under the law, to demand from
He who has less in life must have more in law another any prestation
Wrong - (cause of action)
OBLIGATORY - means it is mandated upon everybody, we had no choice. It Cause of action - an act or omission by which a party violates the rights of
has no exemptions. It is a must. You cannot say no to it. another
- basis of civil action
LEGITIMATE AUTHORITY - legislations
Act - active doing
Omissions - abstaining from doing
Injury - wrongful violation of the legal right of another
ELEMENTS OF LEGAL WRONG OR INJURY
A. a legal right in favor of a person (creditor/obligee/plaintiff)
B. a correlative legal obligation on the part of another
(debtor/obligor/defendant); to respect or not violate said right
C. an act or omission by the latter in violation of said right with resulting injury
or damage to the former
KINDS OF OBLIGATIONS ACCORDING TO SUBJECT MATTER
1. REAL OBLIGATION - a debtor has to deliver a thing, whether movable or
immovable (obligation to give)
2. PERSONAL OBLIGATION - obligation to do (positive personal
obligation)or not to do and not to give (negative
personal obligation)
Promissory notes are contracts. Instrument of transfer.
3. QUASI-CONTRACTS
-arise from lawful,voluntary and unilateral acts which are enforceable to the
end that no one shall be unjustly enriched or benefited at the expense of
another.
Article 2142
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of
quasi-contract to the end that no one shall be unjustly enriched or benefited at
the expense of another.
- Comes from the voluntary acts to do specific things in favor of a neighbor or
stranger. No pre-existing contractual relations.
2 KINDS OF QUASI-CONTRACTS
1. NEGOTIORUM GESTIO - management of business or affairs of another
2 PARTIES IN QUASI-CONTRACTS
1. NEGOTIORIUM GESTOR - manages transaction, who has a claim of
reimbursement
2. DOMINOS NEGOTII - the one who’s business being manage
2. SOLUTIO INDEBITI - something is received when there is no right to
demand it and it was unduly delivered through mistake.
(Article 2154)
ELEMENTS OF SOLUTIO INDEBITI
A. There is no right to receive the thing delivered
B. The thing was delivered through mistake
4. ACTS OR OMISSIONS PUNISHED BY LAWS (crimes)
(DELICTS) - violations of the law specially a lawful act or omission which
gives rights to in claim for compensation under the law
- arise from civil liability which is the consequence of a criminal
offense
3 KINDS OF CIVIL LIABILITIES FROM DELICTS
1. RESTITUTION - returning to the rightful owner his or her property
- the court determines the amount of restitution
2. REPARATION - reparation of the damage cost
- court shall determine the amount of damage
2 basis of courts
a. Price
b. Sentimental Value/ Historical Value
3. INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES - other person
has a claim to demand justice from unintentional delicts. For unwilling victims.
5. QUASI-DELICTS OR TORTS
- 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
- knows by the terms as torts or Culpa Aquiliana
- based on the fault or negligence of a person
Example: road accidents
When you see a pedestrian, you should
1. Slow down
2. Yield
ELEMENTS OF QUASI-DELICTS
1. the fault or negligence
2. damage suffered by the plaintiff
3. relation of cause and effect between the fault and negligence of the
defendant and the damage incurred by the plaintiff
CULPA CONTRACTUAL - Negligence in performing contractual terms
ARTICLE 1158
Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall
regulated by the precepts of the law which establishes them; and as to
what has not been foreseen, by the provisions of this book.
Legal obligations - obligations arising from law and cannot be presumed
because they are always the exception and not the
rule. It must be clearly stipulated to become legal
obligations
ARTIVLE 1159
Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith.
Presumptions is always valid and enforceable
ARTICLE 1305
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.
1. BINDING FORCE- obligations arising from contratcs have the force of
law between the contracting parties
2. REQUIREMENTS OF A VALID CONTRACTS
- A contract is valid (assuming all the essential elements are present, Art
1318) if it is not contrary to law, morals, good customs, public orders, and
public policy. It is invalid or void if it is contrary to law, morals, good
custom, public order, or public policy,
A void contract does not exist.
3. BREACH OF CONTRACTS
- there arises a cause of action to file a civil action
COMPLIANCE IN GOOD FAITH
- compliance or performance in accordance with the stipulations or terms
of the contracts or agreements.
ELEMENTS:
A. SINCERITY
B. HONEST INTENTIONS
Non-compliance by a party in good faith would constitute unjust
enrichment. If there are unjust enrichment, it is also a subject to entitlement
for compensation or entitlement to the enforcement of the contracts.
ARTICLE 1160
Obligations derived from quasi-contracts shall subject to the provisions of
Chapter 1 , Title XVII of this book
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 1162.
Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws.
CHAPTER 2
NATURE AND EFFECT OF OBLIGATIONS
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.
GENERIC OR INDETERMINATE THINGS - never perishes, not irreplaceable
- class or genus to which it pertains and cannot be pointed out with
particularity
- identified only by its specie and the debtor can give anything of the same
class as long as it is of the same kind
SPECIFIC OR DETERMINATE THINGS - it shows ownership
- you can distinguish it from other
- identified by its individuality and the debtor cannot substitute it with another
without the consent of creditor
3 KINDS OF DILIGENCE UNDER THE LAW
1. PROPER DILIGENCE OF A GOOD FATHER OF A FAMILY
- It is ordinary care which an average person exercises over his own property.
- standard
- automatic degree of diligence if not stated in contracts
2. SPECIFIC STANDARD OF CARE/ SIMPLE DILIGENCE
- when a creditor and debtor have come to an agreement
- unless the law or the stipulation of the parties requires another standard of
care.
- if there are specific instruction or process in contracts
3. EXTRAORDINARY DILIGENCE
- highest standard of care
- usually in transportation industry
DUTIES OF DEBTOR IN OBLIGATION TO DELIVER A GENERIC THING:
1. To deliver a thing which is of the quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances
2. To be liable for damages in case of fraud, negligence, or delay, in the
performance of his obligation, or contravention of the tenor thereof.
DUTIES OF A DEBTOR IN OBLIGATION TO GIVE DETERMINATE
THINGS:
1. Preserve or take care of the things
- only pertains to real obligation
- Real obligations consist in the determinative conduct on actually giving
something
2. Deliver the fruits of the thing
ARTICLE 1164
The creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises. However, he shall acquire no real right over it until the same
has been delivered to him.
Different kind of fruits (3) under the law
1. Natural fruits - anything spontaneous and came from the soil and the
young of animals without the intervention of human labor
2. Industrial fruits - intervention of human labor to gain profit from the
process of breeding, agriculture, aquaculture
3. Civil fruits - anything that is a buy product of a contracts
- Example: rents of a building
Right of creditor to the fruits
The creditor is entitled to the fruits of the thing to be delivered from the time
the obligation to make delivery arises.
Example: Rhyza entered a contract to Jhilian for the delivery of cow
costing 45k on Feb 14. Jhilian says that she will deliver the cow on Feb 28.
On Feb 27, the cow give birth to a baby cow.
1st situation: No payment yet. On Feb 28 Jhilian says that she should be
entitled to the fruits of cow (baby cow). In fact, she has no right because
only on Feb 28 when the delivery arises, that is the time her rights arises.
Baby cow is not included on the contracts
2nd situation: With payment. Jhilian has personal rights to the cow since
there is no ownership yet because she is waiting for the delivery of the
cow.
3rd situation: The cow died. The cow is generic things means it never
perishes. The debtor still has to comply with the obligation by giving
another thing from the same class or genus.
4th situation: The cow gave birth on Feb 28. Jhilian is entitled to the fruits
since the birth of baby cow is held on the delivery date regardless if it is not
included to the contracts. See art 1164 again.
5th situation: The parties decided to move the delivery date to give
consideration to the newly born cow and to the mother cow. On March 1,
Jhilian is entitled pa rin to the baby cow since it was born on the day of
delivery which is on Feb 28.
KINDS OF RIGHTS
1. PERSONAL RIGHTS - there is a definite active subject and definite
passive subject
2. REAL RIGHTS - there is only a definite active subject without a definite
passive subject
- Example : Ownership of land under the torrens
certificate of title system
Mortgage - sinangla
Remember: Ownership is only acquired by delivery
When there has been no delivery yet, the proper court action of the creditor
is not one for recovery of possession and ownership but one for specific
performance or rescission of the obligation
ARTICLE 1385
Rescission creates the obligation to return the things which is were the
object of the contract, together with their fruits, and the price with its
interest; consequently, it can be carried out only when he who demands
rescission can return whatever he may be obliged to restore.
Neither shall rescission take place when the things which are the object of
the contract are legally in the possessions of third persons who did not act
in bad faith.
In this case, indemnity for damages may be demanded from the person
causing the loss.
Rescissions- returning back items receive to each other
ARTICLE 1165
When what is to be delivered is a determinate thing, the creditor, in
addition to the right granted him by article 1170, may compel the debtor to
make the delivery
If the thing is indeterminate or generic, he may ask that the obligation be
complied with at the expense of the debtor
If the obligor delays, or has promised to deliver the same thing to two or
more persons who do not have the same interest, he shall be responsible
for fortuitous event until he has affected the delivery.
ARTICLE 1170
Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor
thereof, are liable for damages.
- concept of delay
2 KINDS OF DELAY
1. LEGAL DELAY - default or mora
- there is a breach of the contract
2. ORDINARY DELAY - merely the failure to perform an obligation on time
3 KINDS OF LEGAL DELAY / DEFAULT/ MORA
1. MORA SOLVENDI - it is the debtor who delays in the performance of his
obligation
2. MORA ACCIPIENDI - delay on the part of who the creditor to accept the
performace of the obigation
3. COMPENSATIO MORAE - talks about a situation where in both parties
incurred a delay in a performance of their own
obligation
- no one is entitled to sue and claim damages
Remember: There is no delay in negative personal obligations.
REQUISITE OF DELAY OR DEFAULT BY THE DEBTOR
1. Failure of the debtor to perform his obligation on the date agreed upon
2. demand made by the creditor upon the debtor to comply with his obligation
which demand may be either judicial (given by the court) or extrajudicial
(outside of the court, orally or in writing)
3. failure of the debtor to comply with such demand.
1165
REMEDIES OF CREDITOR IN REAL OBLIGATION
1. Demand specific performance or fulfillment of the obligation with a right to
indemnity for damages
2. demand rescission or cancellation
3. demand payment of damages only where it is the only feasible remedy
These 3 remedies are exclusive means there is an option where you only
have to choose one. Cummulative can choose 1 or more in the options
In an obligation to deliver a determinate thing, the very thing itself must be
delivered. Consequently only the debtor can comply with the obligation
To deliver a generic thing, can be performed by a third person (anyone
outside the contract)
Genus nunquam perit (genus never perishes)
3. Deliver the accessions and accessories
ARTICLE 1166
The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been
mentioned.
Example: One bought a land, he/she is entitled to the house in the land.
Bakit? Alangan namang lupa lang ang iyo tapos yung bahay dun e
hindi sayo? Common sense. Unless expressly excluded in the
contracts
ACCESSIONS - additions or improvements upon a thing (principal)
Example: house or trees in the land
water tank
ACCESSORIES - things joined to or included with the principal thing for the
latter’s embelishment, better use, or completion
Example: key of a house
collar of a dog
4. Deliver the thing itself
5. Answer for damage in case of non-fulfillment or breach
ARTICLE 1167
If a person obliged to do something fails to do it, the same shall be
executed at his cost.
This same rule shall be observed if he does it in contravention of the tenor
of the obligation. Furthermore, it may be decreed that what has been
poorly done be undone.
- pertains to work or services (personal obligations)
SITUATIONS CONTEMPLATED IN ARTICLE 1167
1. The debtor fails to perform an obligation to do
REMEDIES: The creditor has the right to have the obligation performed
himself or third person at the debtor’s expense / to recover damages
2. The debtor performs an obligation to do but contrary to the terms thereof
3. The debtor perform an obligation to do but in poor manner
REMEDIES: It may be ordered (by the court upon complaint) that it can be
undone if it is still possible to undo what was done.
ARTICLE 1168
When the obligation consists in not doing, and the obligor does what has
been forbidden him, it shall also be undone at his expense.
- obligations not to do
REMEDIES: Undoing of the forbidden thing plus damages
ARTICLE 1169
Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from then the fulfillment of their
obligation.
However, the demand by the creditor shall not be necessary in order that
delay may exist:
(1) When the obligation or the law expressly so declares
(2) When from the nature and the circumstances of the obligation it
appears that the designation of the time when the thing is to be delivered
or the service is to be rendered was a controlling motive for the
establishment of the contract
(3) When demand would be useless, as when the obligor has rendered it
beyond his power to perform
In reciprocal obligations, neither party incurs in delay if the other does not
comply or is not ready to comply in a proper manner with what is
incumbent upon him. From the moment, one of the parties fulfills his
obligations, delay by the other begins.
COVERAGE OF PRELIM EXAMS
CHAPTER 1, CHAPTER 2, INTRODUCTION TO LAW, GENERAL
PROVISIONS AND ARTICLE 1156-1170
50 ITEMS
40 MULTIPLE CHOICE
10 IDENTIFICATION, ENUMERATION, DEFINITION