Legislative - empowered by the constitution
to make laws
Executive - assist in the implementation
and make guidelines for the implementation
Judicial - headed by the supreme court.
Interpret the law (judiciary)
State law/Human positive law
- National law - applicable to the
whole philippines
Kinds of national law
As to purpose: procedural or
substantive/ adjective law
(enumerate to us certain rights)
As to subject matter: public or
private law
Public law - Talks about the
relationship of the government and
its residents
Constitution law 1987 (public law)
Private law - governs the
relationship of individuals
(talks about human family
relationships, dealing about people)
Laws under substantive law
● Civil code (private law) both
substantive and procedural
● Family code
Adjective law
- Ordinances (LGUs) - made by local
government
- Administrative Regulation (IRR) -
may be promulgated by the
executive branch (can make little law
only by the purpose of
implementing)
Considered as a law
Legal presumptions
- Conclusive presumption >knowledge
of the law ignoratia legis non
excusat)
● Supposed to know the law
● Why do we need to know the
law? Because it can be used
as an excuse
- Prima Facie/disputable/Rebuttable
presumption > possession of stolen
property of another
> Rape act alleged against another
● No evidence can destroy this
presumption
● If there is a contrary
evidence, it can rebut the
presumption
Nature of obligations [civil code]
- Civil obligations
● Obligations that we assume
as citizens of a country
● When violated, the one who
has the rights against the
violator can go to the courts
● Juridical necessity - can take
it to law
Prestations:
● To give (real obligation)
● To do (positive personal
obligation or not to do
(negative personal
obligation)
Obligation vs Agreement
- Obligation = legal tie
Breach of obligation vs breach of promise to
marry
Essential requisites of an obligation:
> Active debtor
> Passive creditor
> Object
> juridical tie
All four must be present for it to be
obligation
- Natural obligation [prescription of
civil actions]
● No longer enforceable
through courts
 ● Must be performed by the
debtor voluntarily perform its
obligation and the creditor
has to wait for the debtor to
realize that they need to
perform
● When civil is turned into
natural, juridical necessity
will no longer exist.
Prescriptive periods (from accrual of
rights of action)
- When the law allows the creditor to
enforce the right against the debtor
through the courts
- If the creditor does not do inside the
prescriptive period then the civil
obligation is already lost.
● Written Contracts (10 yrs)
● Obligation created by law (10 yrs)
● Not fixed by law (5 yrs)
● Negligence (4 yrs)
● Oral Contract (6 yrs)
5 sources of obligation
- Law
- Contracts
- Quasi-contracts - (means it is as if a
contract but it is not a contract)
something that is provided for.
1. Solutio indebiti - payment by
mistake.
2. Negotiorum gestio - no
contract between the parties
but there is a union lateral.
- Crimes or delicts
● Civil liability vs criminal
liability
● Civil liability for damages is
necessarily included in
criminal liability
● Scope of civil liability
[restitution, reparation and
indemnification] [Actual,
moral and exemplary
damages]
● An act of violation of law that
punishes non compliance to
a particular law
● To be sentenced by
punishment
● Criminal liability - Offense
committed against the state
● Civil liability - offense
committed to a person. There
are damages that have to be
payed to the victim.
Kinds of damages
1. Exemplary - courts lang nakakapag
judge
2. Moral - mental damage
3. Actual - physical damage
Obligation to give
Specific property
- Debtor must take care of the thing
before delivery with the diligence
“diligence of a good father of the
family”
“Preservation”
Law may require a higher degree of
diligence: extraordinary
● Parties may stipulate a
different degree of diligence,
but cannot agree to be
negligent in performing
obligation.
-
● Presumption of fault is
automatic
● When there is damage in a
performance of obligation, no
prima facie
- Debtor must deliver fruits,
accessions, and accessories of the
thing, even when not stipulated
 Types of fruits
● Natural fruits - in the natural
order of the things.
● Industrial fruits - product of
human labor.
● Civil fruits - earned by the
creditor (?) (rents) arise from
a particular property.
Creditor has personal right (can demand
right to the thing even if it is not yet
delivered) to the fruits from time debtor is
required to deliver, but once delivered,
creditor acquires real right (can raise right to
have the thing(rights against the whole
world))
Accessions:
● Incorporated to the thing
● Naturally produced
Accessories:
● Attached to the thing
● To make it complete (ornament)
“If not delivered, included in the obligations
to give”
Generic property:
- Debtor must deliver the thing agreed
upon
Obligation to give:
- Basic distinction (Genus nunquam
perit = a generic thing never
perishes)
Obligation to do:
- To perform based on skills (legal
services, to paint a house)
- If not able to do, creditor cannot
force to do
*Human rights against involuntary
service(?)*
- If the debtor refuses to do or poorly
does it, obligation, under the law it
can be converted to indemnity for
damages.
Obligation not to do:
- Debtor must not perform what is
prohibited of him/her.
- Cannot force even by courts
Rights of creditor:
- Request that obligation be
performed
- Demand payment of damages if
refused
- Ask the court to task another person
to undo it for the account of the
debtor.
KINDS OF OBLIGATIONS
1. Pure and Conditional obligations
- Is one that does not have a
condition and a period.
Condition - Future AND uncertain event.
Past event unknown to the
parties.
Period - Future and CERTAIN event.
[A pure obligation does not have a
condition.]
When can you demand a pure obligation?
Not yet immediately demandable because
we are waiting for it to happen, the
condition. Demandability is delayed, cannot
be demanded by the obligee. Except in the
case of pure obligation because it is
immediately demanded because there is no
condition.
“Constructive fulfillment” the law will
consider the condition fulfilled already
becaumn j gvyuhhhse the debtor prevented
the fulfillment of the condition.
2 kinds of conditions
● Suspensive
 - No obligation until the happening of
the future and uncertain events
- Cannot immediately demand
● Resolutory
- Immediately demandable
Rules in suspensive condition
LID = Loss Improvement Deterioration
● Potestative
- Dependent to the will of ONE of the
parties.
● Casual
- Depends on CHANCE or the will of a
THIRD PERSON.
● Mixed
- Party to the will of ONE of parties
AND partly upon CHANCE (mix of
potestative and casual)
● Impossible
- Null and void from the very
beginning.
Compound obligation
>Divisible - there is at least one
independent condition. The compound
obligation can be separated from each
other.
>Indivisible - the simple obligation
compromising it cannot be separated. both
are dependent on a impossible condition,
therefore void.
● Positive
- Obligation with a penal clause
- Occurrence of condition is expected
to happen although uncertainty
before a designated time.
● Negative
- Non-occurrence before a designated
time.
>Period
- certain to happen
- fixes the time of demandability
- presumed to the benefit of both parties
[unless otherwise provided]
- courts can intervene because it has a
juridical necessity
> Condition
- uncertain to happen
- tells when the obligation arise/cease
Obligation with a period changes into
immediately due:
I = Insolvent (bankrupt)
N - Not furnish the creditor the
guaranties/securities promised
I = Impaired the guaranties/securities
V = Violates any undertaking
A = Attempts to abscond(to flee or to evade)
Distributive obligation
Alternative
- Among prestation given there is only
ONE prestation that is due and
demandable.
- The choice from the prestation given
belongs to the obligor, creditor
cannot be compelled to receive part
of one and part of another.
- Creditor’s act prevent debtor from
making a choice = debtor may
rescind with damages
Facultative
- Only ONE has been agreed but can
have substitute.
>Accessory undertaking to the obligation
which is the principal undertaking
>To ensure compliance
EXTINGUISHMENT

- Already cancelled
- Possible that the reason for the
extinguishment is more than one.
1. Payment or performance
-refer to delivery of money
Or performance of the obligor in
favor of the obligee
These three must be present to
extinguish the obligation:
() Free disposal of the thing due
(ownership) [must be owned by the
debtor]
() Capacity to alienate (right to
dispose) [debtor must have the right
to deliver the thing]
() will not extinguish the obligation
unless COMPLETE
*To extinguish the obligation there
must be a complete payment and
performance*
GENERAL RULE:
Will not extinguish the obligation
unless COMPLETE
Dacion en pago - a money debt. The party
agreed that instead of money it will be a
property.
If extinguished by dacion en pago it can
also be extuinguished by change novation
because there is a change in the object.
Tender of payment w/o judicial consignation,
the obligation is not extinguished
Consignation - judicial consignation, where
the debtor is required to deposit the
payment in court.
Application of payment = debtor’s choice,
unless mutually agreed that it is creditor’s
choice.
Law does not want people to have utang na
loob without their consent.
(legal compensation) Contract of agency
(agent and the principal agreed to be paid
100k. Agent was able to collect the principal
and paid 100k (the principal)
(judicial compensation) given by the courts
Mixed novation or eclectic
CONTRACTS
- Meeting of minds between two
person.
Characteristics of a contract
● Obligatory force - right to enforce
their respective rights as long
meeting of binds are concerned
● Autonomy of contracts - freedom of
parties to agree on any terms and
condition as long as the stipulation is
not contrary to law, morals, good
customs, public order or policy.
● Mutuality of contracts - binding of
both parties to the terms and
condition. Parties are equally bound
to the respective term and condition
of the agreement
● Relativity of contracts - binds only
both parties, cannot favor third party.
Limited only to both parties. Unless
parties agreed that there is a third
party
Kinds of contracts ( in relation to other
contracts)
● Principal - can stand alone on the
existence of other contracts
● Accessory - Validity is dependent
upon another contract. (pledge or
mortgage)
● Preparatory - in relation of other
contracts. To enter into further other
contracts.
Element of contracts
Is the contract valid?
To be perfectly valid
● CONSENT of the contracting
parties.
- Made or achieved from both parties
when somebody initiates it is called
an offer.
- When the offer is accepted then
there is a consent, but the
acceptance of the other party must
be absolute.
- Necessary legal capacity (at least
18yrs old, not insane, not a
deaf-mute who does not know how
to write) must express themselve
- No vice of consent - dolo causante
(if dolo incidente = damages)
Mistakes - refers to object or conditions
which have principally moved one
Intimidation - reasonable and well grounded
fear of an imminent and grave peril
Undue influence - improper advantage of
power over the will of another.
Violence - serious or irresistible force
(physical)
● OBJECT certain = subject matter of
the contract (thing, right, or service)
-
● CAUSE (or consideration) of the
obligation which is established.
Reason why both parties gave
consent.
Simulated contracts
- Parties do not intend to be bound at
all
1. Absolute - Parties do not intend to
be bound at all, therefore void
2. Relative - partial simulation.
Generally, it is valid cause parties
gave consent despite that there is an
underlying reason.