INTRODUCTION TO LAW  Upper House – Senate of the PH

 Lower House – House of

Law – A rule of conduct, just and obligatory,
promulgated by legitimate authority and of
common observance and benefit. (Accdg. To
Sanches Roman)
 It means any rule of action or any
system of uniformity (accdg to the
book).
 Law determines not only the activities
of men as rational beings but also the
movements or motions of all objects of
creation, animate or inanimate.
Breakdown of Sanchez Roman’s Definition
 Rule of Conduct - It is a system of
action, how we behave in society.
 Just – It is fair to all.
 Obligatory – Either Mandatory or
Compulsory (Discretionary or Optional
Note: When filing appeals or cases, one must
Opposites). Everyone must follow, it is
start at the bottom of the judicial list, which is at
compulsory. This is to promote peace
either MTC, MTC, MCTC, or MTCC. You then go
and minimize chaos.
up until it is taken to the supreme court.
 Promulgated By Legitimate Authority–
“Created”, by legitimate authority.
 Of Common Observance and Benefit --
“The Law applies to all, otherwise none
at all.” – Mayor Lim Everyone must
comply, meaning of common
observance. Law benefits society by
creating order and harmony.
Who promulgated Law in the Philippines?
3 Branches of the Government
Representatives
2. Executive – Enforces laws. Composed of
the President. They execute and
implement the law.
3. Judiciary – They decide to interpret
what the law is all about.
 Supreme Court – Highest court
of the land.
 Court of Appeals
 Regional Trial Court
o Municipal Trial Court
(MTC)
o Metropolitan Trial
Court (MTC)
o Municipal Circuit Trial
Court (MCTC)
o Municipal Trial Court in
Cities (MTCC)
General Divisions of Law
1. Law in its Legal Sense – promulgated
and enforced by the state. (i.e State
Law)
2. Law in its Non-Legal Sense – not
promulgated or enforced by the state.
(i.e moral/ethics law, physical/physical
science, divine/religion,
natural/metaphysics law)

 Found in the 1987 Constitution of the

PH Law in its Legal Sense
1. Legislative/Congress – creates laws
1. State law
(legislate, meaning to create). The
2. Civil law
Philippines is “Bicameral”, meaning
3. Imperative law
there is two legislative branches that
4. Municipal law
govern the congress.
 5. Positive law
Sources of Law
1. Constitution – Highest law of the land.
Fundamental Law or Supreme Law
because it is promulgated by the people
themselves.
“Written instrument by which the
fundamental powers of the government
are established, limited and defined and
by which these powers are distributed
among the several organs for the safe
and useful exercise for the benefit of
the body politic.” (Malcolm & Laurel,
Constitution 1936 p.6)
History of the Constitution
 Malolos Constitution (Aguinaldo)
 1935 Constitution (Quezon)
 1973 Constitution (Marcos)
 Freedom Constitution (Edsa Revolution)
 1987 Constitution (Current Constitution
– President Aquino)
2. Legislation – Laws created by legislative
branch. Consists in the declaration of
legal rules by a competent authority.
3. Administrative Orders / Executive
Orders, Rules & Regulations –
Implements Laws created by the
Congress through the issuance of
executive OR&R.
4. Judicial Decisions / Jurisprudence –
Decisions of the supreme court,
applying or interpreting the laws. (ex.
MTC files a case. If I lose, I appeal to
MTC, to RTC up, to CA until I can appeal
to the supreme court.)
Doctrine of Precedent or Stare
Decisis – effects of the decision of the
supreme court are binding on all
subordinate courts.
5. Customs & Traditions – Can be sources
of law based on the tradition or culture
of society. A custom must be proved as
a fact according to the rules of
evidence. However, they are not
recognized as law in the Philippines.
6. Other Sources – Decisions of foreign
court, the principle of justice & equity,
and religion. While it is true it is not
mandatory to follow the decisions of
other countries, we can imitate and
adopt it to the Philippine law. Not
recognized as law in the PH unless
adopted. (ex. Miranda Ruling 1987
Constitution Due Process)
Independent Constitutional Commissions
 Independent and not under the three
branches of the government.
1. Civil Service Commission – Human
Resources Department of the
government. All employees are
supposed to be under the CSC.
2. COMELEC – (Commission on Election)
Responsible for running democratic
elections in the country.
3. COA – (Commission on Audit) Auditing
system of the Philippine Government.
They audit all financial transactions of
the government.
Administrative Body (under Executive Branch)
1. Quasi-Legislative – They can implement
and create laws.
2. Quasi-Judiciary – They can implement
and decide on how the law is
interpreted. (ex. National and Labor
Relation Commission)
Classifications of Law
1. As to its purpose;
a. Substantive Law – create,
define, and regulate rights &
duties of parties. (ex. Oblicon,
 When A loans from B, A has the 8 Major Classifications of Law (Bar Exam)
duty to pay, and B has the right
1. Civil Code (RA 386)
to collect – can be filed in court)
2. Taxation
b. Adjective/Remedial/Procedural
3. Commercial Law
– When the right & duties of
4. Criminal Law
parties has been violated and
5. Labor
solution/remedy is needed, it
6. Ethics
becomes the party’s
7. Constitution
“adjective/remedial”. (ex. Its
8. Civil Law
your duty to wear your ID. You
lost your ID, so you now find a
CPALE Board Exam
way to retrieve a new one.)
20% of the RFBT (Regulatory Framework
 Rights and duties are useless
and Business Transactions)
unless they can be enforced.
2. As to its Subject Matter;
3 Latin Principles (Conclusive
a. Public – regulates rights and
Presumption of Knowledge of Law)
duties arising from relationship
1. Ignorantia Legis Neminem Excusat
of state & people. (ex.
– “Ignorance of law excuses no one
Crime/Criminal Law – People of
from compliance therewith.” (Art. 3,
the PH vs. Perez)
Civil Code) (ex. Even if you don’t
b. Private – regulates rights and
know the law, you are still liable)
duties for purely private ends.
2. Nemo Est Suprema Lex – “No one is
Contracting parties ONLY. (ex.
above the law.”
OBLICON – A & B, Civil
3. Dura Lex Sed Lex – “The law may be
Procedure)
harsh, but it is the law.”
History of Law (Obligations & Contracts)

Originated from Greece, Copied by Rome,

GENERAL PROVISIONS IN OBLIGATIONS
Copied by Spain, then copied by the Philippines.
Obligations – Article 1156. A juridical necessity
Obligations & Contracts – Body of rules which
to give, to do, or not to do. (n)
deals with nature and sources of obligations and
rights & duties arising from agreements and  Obligatio – derived from the latin word
particular contracts. (Article 1307) which means tying or binding.
 It is a tie or bond recognized by law by
 The Civil Code of the Philippines
virtue of which one is bound in favor of
(Republic Act No. 386) is based mainly
another to render something.
on the Civil Code of Spain (Dec. 7,
1889). It was approved on Jun. 18, 1949 Breakdown of the Article
and took effect on Aug. 30, 1950.
 Juridical Necessity – We can demand
 The Civil Code of the Philippines is
and file cases in court.
divided into four (4) books.
 To Give – Real Obligation – can also
 Obligations – Article 1156 – 1304
mean to deliver. (ex. A promise to give B
 Contracts – Article 1305 - 1422
a car. It is a real obligation.)
 To do – Personal Obligation –
Positive PO – to do (ex. A promises to
sing B a song and follows through with
it)
Negative PO – to do (ex. A promises not
to marry B.)
Juridical Necessity (Civil vs Natural
Obligation)
1. Civil Obligation – Based on positive
law. Can be enforceable/demanded.
Better choice because it can be
demanded/filed in court.
2. Natural Obligation -Based on equity
& natural law. Cannot demand.
 Prescription / Statute of Limitations –
Can either be Extinctive
(extinct/expired) or Acquisitive
(acquired). Similar to expiration dates in
medicine. In obligations, it is identified
as a prescription with a set time period
until it becomes “expired”. (SEE ARTICLE
1218)
o Extinctive Prescription –
o Acquisitive Prescription –
Date of Expiration in Prescriptions
o You only have a certain amount of years
before these prescriptions expire and
are valid.
 10 Years – Written Contracts, Obligation
Created By Law, Judgment of the Court
 6 Years – Oral Contract, Quasi-Contract
 4 Years – Injury to the rights of the
Plaintiff, Quasi-Delict
Ex. A loaned from B 9k PHP. October 1,
2000. Due November 30, 2000. The Ten
Year-Period Prescription begins on Nov.
30.x B then has a civil obligation (right)
because the loan is a positive law that can
be demanded a return from B by A. The civil
obligation lasts until November 30, 2010.
Exceeding the dues turns it into a natural
obligation (duties) since it has
“prescribed/expired”.
o After 10 years, A is not liable to pay B
the 9,000 pesos. However, they can still
wish to pay after it has turned into a
natural obligation. However, A cannot
demand B to reimburse their payments.
If you perform a natural obligation
voluntarily, you cannot demand for a
return/refund/reimbursement.
Because in the first place, you are not
supposed to pay for it.
o Civil & Written is better than Oral &
Natural (when it comes to business
people).
Essential Requisites / Elements of
Obligation
1. Active Subject/Oblige/CREDITOR –
They can demand the performance of
the obligations. Entitled to demand the
fulfillment. Has the right.
2. Passive Subject/Obligor/DEBTOR – The
person who will perform/pay the
obligations. Bound to fulfillment of
obligations. Has a duty.
3. Object/Prestation/Service – Subject
matter of obligation. Conduct required
to be observed by the debtor. Consists
giving, doing, or not doing.
4. Juridical Vindiculum/Legal Tie/Efficient
Cause – Reason/Binds. Binds or
connects parties to the obligation.
Ex. A promised B he’s going to build a
house. – (Personal Obligation, to do
something aka build, not GIVE.) Who is the
debtor? – (A is the builder) Who is the
creditor? – (B demands to build a house)
What is the prestation? – (Build a House)
What is the Juridical Vindiculum? – (A
promised B)
 Ex. A promised to pay B 9,000. Contract of
Loan. – (Personal Obligation, to do
something aka TO PAY) Who is the debtor?
– (A is the debtor) Who is the creditor? – (B
is the creditor) What is the prestation? –
(Pay 9k) What is the Juridical Vindiculum? –
(Contract Loan)
Obligation (Under Article 1156)
 Right – The Creditor, they have the right
to collect and the right to demand.
 Wrong – Usually the Debtor, when the
debtor does not participate or perform.
 The creditor now has the right to sue
the debtor for committing a wrong.
 Plaintiff – Has the right to file because
their right was violated. Has the right.
 Defendant – Supposed to do the
obligation but did not do it. Has the
duty. The hearing/trial will be violated
against.
 Cause of Action – The wrong done by
the defendant against the plaintiff.
Contracts (according to Article 1305) – Meeting
of Minds between two persons whereby one
binds himself, with respect to the other, to give
something or to render some service.
SOURCES OF OBLIGATIONS (ART. 1157 -1162)
ART. 1157 Obligations arise from:
1. Law (when they are imposed by law
itself) (i.e. obligation to pay taxes, to
support one’s family – family code);
2. Contracts (1305) (arise from the
contract itself, stipulation of parties)
(i.e. contractual obligation to pay for a
sale);
3. Quasi-Contracts (2142) (Quasi means
“as if”, but not really a contract because
there is no consent, supplied by fiction
of law);
4. Acts or omissions punished by law; and
5. Quasi-delicts. (1089a)
2 Kinds of Quasi-Contracts
(Arise from lawful, voluntary, and unilateral
acts, you will be guilty of unjust enrichment –
must return because you’re not the owner)
1. Negotiorum Gestio – (2144) means
Voluntary Management. Voluntarily
takes charge of the property without
the consent of the owner. Third person
manages the property. (ex. A left
property. B took care of property. B
(officious manager) must return
property back to A. ) (ex. Taking care of
someone’s lost baby until it is returned.)
(ex. Helping someone in need
regardless.)
2. Solutio Indebiti – (2154) means
Payment by Mistake. (ex. BPI systems
glitched and gave my account 100k
pesos on my account. It is quasi-
contracts because I am not the owner of
the deposits.) (A owes B 9k. B did not
agree with the interest. However, he
thought there was interest agreement
but there was not. A gave 20,000. B
should accept 9,000 but should return
11,000 because they are not the owner.)
Other Cases of Quasi-Contracts
3. (4) Delict/Crime/Felony (ART. 3 RPC) –
Acts or omissions punishable by law.
 2 Liabilities

 When you commit a crime, you are

both liable for criminal and civil
penalties.
 Criminal – Imprison
 Civil – Pay for damages.
 Exception can only happen in certain
instances.

Examples of Criminal Liability without Civil

Liability

 Rebellion
 Insurrection

Examples of Civil Liability without Criminal

Liability

 Minor commits a crime.

 Murder by Self-Defense

4. Quasi-Delict/Torts – (2176) No contact

but there is damage caused due to
negligence. (ex. Building has an
accident on a random person. A’s dog
bit B while on a bike and dealt damage.)
(xpn: Student got injured inside school
grounds. It is not quasi-delict for it is
stated in school laws that it is their duty
to protect the child.)