oblicon

• Law


  Any rule of action or any system of uniformity
• Two general groups of law

  • Law in the strict sense: promulgated and enforced by the state
  • Law in the non-legal sense: not promulgated and enforced by the state. Includes divine law, natural law, moral law
• Divine law


  The law of religion and faith which concerns itself with the concept of sin. Promulgated by God and revealed or divulged to mankind by means of direct revelation. Assurance of certain rewards and punishments in the present life or the life to come.
• Natural law


  The divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone. Intrinsic in man as the core of his higher self. Living one's very nature/guilt. Regarded as a reasonable basis for state law.
• Moral law


  The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. Source is society. Sanction is social reaction, public perception. Influencing or shaping factor for state law.
• Law in the strict sense


  A rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for its members.
• Sources of law in the Philippines

  • The Philippine Constitution
  • National laws and International Treaties/Agreements
  • Administrative Issuances to Implement National Laws
  • Ordinances by Local Government Units
• Sources of law

  • The 1987 Constitution
  • Statutes (national laws)
  • Judicial decisions
  • Administrative Issuances
  • Local Statutes
  • Customs
  • Other Sources
• Civil Code of the Philippines

  Passed on January 26, 1949 as "An Act to Ordain and Institute the Civil Code of the Philippines". Considered the product of codification of private law in the Philippines. Includes persons and family relations, property, ownership, and its modifications, modes of acquiring ownership, torts and damages, obligations and contracts.
• Obligation


  A juridical necessity to give, to do or not to do. "Obligato" - Latin word which means "tying" or "binding". Juridical necessity - legal tie wherein non-compliance will create a cause of action / "Civil" Obligation.
• Essential elements of an obligation

  • Passive Subject - debtor/obligor
  • Active Subject - creditor/obligee
  • Object or Prestation - subject matter of the obligation
  • Juridical / Legal Tie - efficient cause
• Sources of obligations

  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Effectivity of laws

  Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. The Civil Code shall take effect one year after such publication.
• Customs


  Customs which are contrary to law, public order or public policy shall not be countenanced. A custom must be proved as a fact, according to the rules of evidence.
• Scope of laws

  • Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory
  • Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad
  • Real property as well as personal property is subject to the law of the country where it is stipulated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found
  • The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed
• Principle of abuse of rights


  Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
• Duties of debtor in obligation to give a particular thing

  To preserve or take care of the thing due. To deliver the fruits of the thing. To deliver its accessions and accessories. To deliver the thing itself. To answer for damages in case of non-fulfillment or breach.
• Refers to an obligation to give a specific or determinate thing. Specific/determinate - particularly designated. Generic/indeterminate - class or genus pertained to.
• Duties of the debtor

  In obligations to give, the obligor has the incidental duty to take care of the thing due with the diligence of a good father of a family pending delivery (Ordinary care). Other standard of care can be stipulated by contract, provided for by law, but with exceptions.
• 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.
• Types of fruits

  • Natural
  • Industrial
  • Civil
• Natural fruits


  Spontaneous products of the soil, the young, and other products of animals
• Natural fruits

  • Grass
  • Offspring
• Industrial fruits


  Produced by lands of any kind through cultivation or labor
• Industrial fruits

  • Vegetables
  • Rice
• Civil fruits


  Derived by virtue of a juridical relation
• Civil fruits

  • Rents
  • Annuities
• GENERAL RULE: Obligation to deliver the thing due and, consequently, the fruits thereof, if any, arises from the time of the perfection of the contract.
• Exceptions to the general rule

  • Obligation subject to a suspensive condition or period
  • Specific provisions
• Personal right

  • Right or power of a person to demand from another, as a definite passage subject, the fulfillment of the latter's obligation to give, to do, or not to do
  • Binding and enforceable only against a particular person
  • Right to payment
  • Right to receive an item
• Real right


  • Right or interest of a person over a specific thing without a definite passive subject against whom the right may be personally enforced
  • Directed against the whole world
  • Ownership
  • Pledge
  • Mortgage
• 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.
• • Accessions fruits of, or additions to, or improvements upon a principal thing (ex. House on land, rents of building)
• • Accessories things joined to, or included with, the principal thing for the latter's embellishment, better use, or completion (ex. Bow of a violin, string of a fishing rod, key of a house, etc)
  • For these to be excluded, there must be a stipulation to that effect.
• 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 any fortuitous event until he has effected the delivery.
• • Obligation to give a DETERMINATE THING
  • Creditor may compel debtor to make the delivery (in addition to damages)
  • Obligation includes the ff. accessory obligations:
  • To take care of the thing with the proper diligences (preserve from perfection of contract until delivery)
  • To deliver the fruits of the thing from the time the obligation to deliver arises,
  • To deliver all the accessions and accessories of the thing, even if unmentioned.
• • Obligation to give an INDETERMINATE THING 
  • Creditors may ask that the obligation be complied with at the expense of the debtor. (In addition to damages)
  • Obligation does NOT carry with it the accessory obligations to preserve the thing and deliver its fruits, accessions, and accessories
• Nature and Effect - Transmissibility

  Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.

  Exception to the GR:

  • By nature 
  • By stipulation of the parties 
  • By provision of law
• Performance of Obligations


  The thing or service in which the obligation consists must be completely delivered or rendered
• Receipt of principal without reservation as to the interest

  Interest has been paid