Introduction to Philippine Law

What is Law?

Law - any rule of action or any system of uniformity, anything that calls for uniformity, tells us to
act this way, do this, or not do this.

Subjects of law

Divine law - law of religion and faith (e.g. ten commandments)

Natural law - divine inspiration in man of the sense of justice, fairness, and righteousness.
What you think is right or wrong without the law telling you what to do. (e.g. Doing good deeds,
paying your debt when the obligee forgot to charge you) not obliged by state law, but obliged by
natural 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
- Community-based, what may be wrong in one community may not be the same
in another
Physical law - laws of physical science or physical law (e.g law of gravity, law of inertia)
State law - law that is promulgated and enforced by the state.
- Positive law
- Rule of Conduct
- Obligatory
- Promulgated by legitimate authority

Sources of Law

Constitution - fundamental law or highest law of the land (1987 Philippine Constitution)
- Promulgated by the people themselves
- Laws or acts contrary to the Constitution are void and without effect

Legislation - Republic Acts or Statutes enacted by the Congress of the Philippines

- Congress - composed of the Senate and the House of Representatives
- Includes local ordinances enacted by the LGUs

Administrative or executive orders, regulations, and rulings - intended to clarify or explain

the law and implement the same

Judicial decisions or jurisprudence - decisions of the Supreme Court

- Laws by their own right
- Doctrine of precedent or stare decisis
- The judge can only interpret laws but they cannot create laws

Custom - habits and practices which have been acknowledged and approved by society
 - Includes local ordinances enacted by LGUs

Law on Obligations and Contracts

- Found in the Civil Code of the Philippines - R.A. #386
- Took effect in 1950

Conclusive presumption of knowledge of law

- Ignorance of the law excuses no one from compliance therewith (Art. 3, Civil Code of the
Philippines)
- You can’t use your lack of knowledge of the law as a defense
- Everyone in the Philippines is conclusively presumed to know the law

Law on Obligations and Contracts (General Provisions) Civil Code Art.

1156-1162

(Civil) Obligation - Under the Philippine Civil Code Art. 1156 defines obligation as a juridical
necessity to give, to do, or not to do.

Civil Obligations
- To give: Obligation to pay your tuition fee at school
- To do: Obligation of a parent to take care of their children
- Not to do: Obligation of anyone not to steal

NOT a juridical necessity (NOT civil obligation)

- Your obligation to attend masses (moral obligation)
- To pay back your debt of gratitude “utang ng loob” (natural obligation)

Why civil obligation is a Juridical necessity - in case of non-compliance, the courts of justice
may be called upon to enforce its fulfillment or, in default thereof, the economic value that it
represents.

Essential requisites of obligation - if one of these is missing it is not a civil obligation.

1. Passive Subject (Obligor) - a person who is bound to the fulfillment of the obligation
2. Active Subject (Obligee) - a person who is entitled to demand the fulfillment of the
obligation
3. Prestation/Object/Subject Matter - conduct required to be observed by the debtor (may
consist of giving, doing, or not doing
4. Juridical tie/Vinculum/Vinculum juris - binds or connects the parties to the obligation

Unilateral Obligation - only one party is the passive subject

Unilateral Obligation Example:

Jobert is obliged to pay his income taxes

Passive subject - Jobert

The one who needs to fulfill the obligation
Active subject - Phil. Gov.
The one who has the right to demand
Prestation - to give money (pay income tax)
Juridical tie - the law

Juridical tie connects the passive subject with/ the active subject, which is the reason why the
passive subject has an obligation
The law (tax code - if you have a job you are obliged to pay income tax) connected Jobert and
the Philippine Government

Bilateral Obligation - the two parties have an obligation to one another

Bilateral Obligation Example:

Bea sold a bottle of wine to Inosuke for P1000

Obligation 1 Obligation 2

Passive Subject Bea (Seller) Inosuke (Buyer)

Active Subject Inosuke (Buyer) Bea (Seller)

Prestation Deliver the wine to Inosuke Pay P1000 to Bea for the
wine sold to him

Juridical tie Contract of sale

Obligations, Right, Cause of Action

Obligation - Juridical necessity to give, to do, or not to do

Right - If there is an obligation there is a corresponding right. Right is the power that a person
has under the law, to demand from another any prestation

Cause of action - arises when an act or omission which violates a right

Injury, Damage, Damages

Injury - act or omission that causes harm

Damage - harm done to a party

Damages - a sum of money recoverable by reason of damage done

Obligations Rights

Bea Deliver wine Demand collection of P1000 payment

Inosuke Pay P1000 Demand delivery of wine purchased

If Bea delivers the wine and Inosuke doesn’t pay P1000, Bea will have a right of action
(attributable to the plaintiff)

If Bea files a case on Inosuke they will become the following:

Bea - plaintiff
Inosuke - defendant

Cause of action - the cause of why the plaintiff has a right of action
- Omission on the part of the defendant not paying the plaintiff
Damage - What is the loss incurred by the plaintiff? Bea incurred a loss on the sale
Damages - Possible money that the plaintiff is able to recover, sum of money recoverable
(P1000+)

Types of obligations according to prestation

1. Real obligation - to give

2. Personal obligation
a. Positive personal - to do
b. Negative personal - not to do

Sources of Obligations

Under Article 1157. Obligations arise from:

1. Law
a. Quasi-contracts
b. Acts or omissions punished by law
c. Quasi-delicts
2. Contracts

Obligations arising from law

When imposed by the law itself

Examples:
 - Pay taxes (Tax code)
- Obligations of parents to support the family (Family code)

Obligations arising from contracts

Contract - a meeting of minds between two persons whereby one binds himself, with respect to
the other, to give something or render some service.
- Bilateral act because two people have an obligation to each other. Meeting or
understanding of 2 minds

Example:
Bea and Inosuke's contract of sales

Contracts can exist even without a written document

Example: Ayan talked to Kirby about borrowing his charger which he will return after 3 days

Obligations arising from quasi-contracts

Quasi-contract - juridical relation resulting from certain lawful, voluntary, and unilateral acts by
virtue of which the parties become bound to each other to the end that no one will be unjustly
enriched or benefited at the expense of another.
- Quasi “as if” or “resembling”
- Not a contract since there is no mutual understanding between the parties involved.

Examples:
- You received excessive change after buying from a store, it is your obligation to return
the excessive change (solutio indebiti)
- You become the passive subject, you have the obligation to return the excess
change.
- You will benefit at the expense of the store clerk
- Another person took care of your dog while you were away, it is your obligation to
reimburse him the necessary expenses he incurred (negotiorum gestio)
- It is your obligation to reimburse the caregiver’s incurred expenses, you
benefitted at the expense of the caregiver.

Obligations arising from delicts/acts or omissions punishable by law

- Also known as crime or felony, delicts produce both criminal and civil liabilities

Examples:
Estafa, murder, rape

Obligations arising from quasi-delicts

 - Also known as tort, culpa, negligence, or kapabayaan
- An act or omission by one party which causes damage to another party wherein there is
no pre-existing contract.
- Key element: element of negligence

Examples:
- Because of the organizers’ negligence, the audience was hurt during the event.
- Because you were not careful while running on a busy sidewalk, you bumped into a child
and the child suffered injuries.

In both cases, the tortfeasors (organizers, you) will be obligated to answer for the medical
expenses of the audience and the child because the tortfeasors were the ones who were
responsible for their injuries even though there is no contract, they are still bound by
quasi-delicts.

Scope of Civil Liabilities

1. Restitution - the restitution of the thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as determined by the court.
2. Reparation for the damage caused - The court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall be made accordingly.
3. Indemnification for consequential damages - Indemnification for consequential
damages shall include not only those who caused the injured party but also those
suffered by his family or by a third person by reason of the crime.

Example:
- Gen stole the vehicle of Senku. Gen was sighted by the authorities and was engaged in
a car chase. After a while, Gen was apprehended by the authorities but the vehicle he
stole from Senku got damaged. Furthermore, Senku should have presented the vehicle
in a car show the same day Gen stole the vehicle. As a result, Senku lost potential
income from the car show.

Restitution - return the vehicle since it was only damaged, (in the case if it was totally destroyed,
fair value of the vehicle will be paid)
Reparation - answer for the damages caused to the vehicle
Indemnification - since Gen’s at resulted to Senku’s loss, Gen will also answer for the said loss