Prelims Flashcards
(126 cards)
1
Q
a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.
A
Law
2
Q
Determines not only the activities of men as rational beings but also the movements or motions of all objects of creation, whether animate or inanimate.
A
Law
3
Q
Characteristics of Law
A
- It is a rule of conduct
- It is just
- It is obligatory.
- It is promulgated by legitimate authority and of common observance and benefit.
4
Q
General Divisions of Law
A
- Law promulgated and enforced by the state.- State Law
- Law NOT promulgated and enforced by the state. Divine Law, Natural Law, Moral Law, and Physical Law
5
Q
Subjects of Law
A
- Law as a rule of action
- Law only figuratively speaking
6
Q
- Operates on all things (including men)
- Has no regard for man’s use of their willpower and intelligence.
A
“Law only figuratively speaking” – Physical Law
7
Q
Law of religion and faith which concerns itself with the concept of sin and salvation
A
Divine LAw
8
Q
The divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine promulgation but by internal dictates of reason alone.
A
Natural Law
9
Q
The reasonable basis of state law.
A
Natural Law
10
Q
Totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community.
A
Moral Law
11
Q
Influences or shapes state law.
A
Moral Law
12
Q
In the operations or course of nature, there are uniformities of action and orders of sequence which are the physical phenomena that we sense and feel.
A
Also known as Laws of Physical Science
13
Q
Necessity & Functions of Law
A
-
What would life be without law?
Society exists because its members could not live with it, along with the need for internal order to make society stable. -
What does the law do?
The law secures justice, resolves social conflict, orders society, protects interests, and controls social relations. Life without law is chaotic, nasty, and brutal. -
What is our duty as members of society?
Law is necessary for social order, thus it is our duty to have some understanding of the law and observe it for the common good.
14
Q
Sources of Law
A
- Constitution
- Legislation
- Administrative or executive orders, regulations, and rulings
- Judicial Decisions or Jurisprudence
- Customs
- Other sources
15
Q
the written instrument by which the fundamental powers of the government are established, limited, and defined.
A
Constitution
16
Q
- The fundamental law/supreme law/highest law of the land
- Promulgated by the people.
- Binding on all citizens and agencies of the government.
- To which all other laws enacted by the legislature must conform.
A
Constitution
17
Q
Consists in the declaration of legal rules by a competent authority.
A
Legislation
18
Q
- The preponderant source of law in the Philippines
- Includes ordinances enacted by local government units.
A
Legislation
19
Q
acts passed by the legislature.
A
Enacted / Statute Law
20
Q
Issued by the administrative officials under legislative authority.
A
Administrative or executive orders, regulations, and rulings
21
Q
The preponderant source of law in the Philippines
A
Administrative or executive orders, regulations, and rulings
22
Q
Court decisions, especially those of the Supreme Court, when they apply or interpret laws of the Philippines.
A
Judicial Decisions or Jurisprudence
23
Q
decisions of a superior court on a point of law that are binding on all subordinate courts.
A
Doctrine of Precedent or Stare Decisis
24
Q
habits and practices that society has recognized and accepted over time, approved by society as binding rules of conduct.
A
Customs
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Classifications of Law
1. As to its purpose:
- Substantive Law
- Adjective Law
2. As to its subject matter:
- Public Law
- Private Law
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A portion of the body of law that creates, defines, and regulates public or private rights and duties
Substantive Law *ex: Olbicon*
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A portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violation redressed.
Adjective Law
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The body of legal rules which regulates the rights and duties arising from relations of the state to the people.
(Criminal law, International Law, Administrative Law, Criminal Procedure)
Public Law
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The body of rules that regulates the relations of individuals with one another for purely private ends. (Ex. Law on Obligations and Contracts, Civil Law, Commercial Law, Civil Procedure)
Private Law
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The body of rules which deals with the nature and source of obligations and the rights and duties arising from agreements and the particular contracts.
Law on Obligations and Contracts
31
Where is the Law on Obligations and Contracts found in the Civil Code?
Act. No. 386 or the Civil Code of the Philippines (Book IV)
32
What are the Civil Code provisions on Obligations and Contracts?
- Title I, Articles 1156-1304 – General provisions on obligations
- Title II, Articles 1305-1422 – General provisions on contracts
- Title III, Articles 1423-1430 – Natural Obligations
33
Ignorance of law excuses no one from compliance therewith
Art. 3, Civil Code
34
Art. 1156
An obligation is a juridical necessity to give, to do, or not to do.
35
- It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something
– consist in giving a thing, doing a certain act, or not doing a certain act.
Obligation
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a juridical relation whereby a person (called the creditor) may demand from another (called the debtor) the observance of a determinative conduct (the giving, doing, or not doing), and in case of breach, may demand satisfaction from the assets of the latter
Obligation
37
How is Obligation as a Juridical Necessity?
In case of non-compliance, the court of justice may be called upon by the aggrieved party to enforce its fulfillment or, the economic value it represents.
38
Nature of Obligations Under the Civil Code
- Civil Obligations
- Natural Obligations
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Obligations that give to the creditor or oblige a right under the law to enforce their performance in courts of justice.
Civil Obligations
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Based on equity and natural law.
Natural Obligation
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Obligation that does not grant a right of action to enforce their performance.
Natural Obligation
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In case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered although it was no longer required.
Natural Obligation
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Essential Requisites of an Obligation
1. Passive Subject
2. Active Subject
3. Object or Prestation
4. A juridical or legal tie
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– debtor or obligor
- Who is bound to the fulfillment of the obligation.
- Has the duty.
Passive Subject
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- creditor or obligee
- Who is entitled to demand the fulfillment of the obligation.
- Has the right.
Active Subject
46
subject matter of the obligation
Object or Prestation
47
parties are reciprocally debtors and creditors.
Bilateral obligations
48
- efficient cause
- What binds or connects the parties to the obligation.
- Can easily be determined by knowing the source of the obligation.
A juridical or legal tie
49
the manner in which an obligation is manifested or incurred. May be oral, in writing, or partly oral/in writing.
Form of Obligation
50
General Rule in Form of Obligation
The law does not require any form for obligations arising from contracts for their validity or binding.
51
the act or performance which the law will enforce
Obligation
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the act or performance which the law will enforce
Right
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Claim or title to an interest in anything whatsoever that is enforceable by law.
Right
54
an act or omission of one party in violation of the legal right or rights of another.
Wrong
55
Wrongful violation of the legal right of another.
Injury
56
Essential Elements of a legal wrong/injury:
- Granting a legal right to the obligee/plaintiff.
- Imposing a corresponding legal obligation on the obligor/defendant to uphold that right.
- Committing an act or omission by the obligor that breaches the right, leading to injury or damage for the obligee.
57
Kinds of Obligation according to the Subject Matter
1. Real Obligation
2. Personal Obligation
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- the obligation to give
- obligor must deliver to the obligee
Real Obligation
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obligation to do or not to do
Personal Obligation
60
2 kinds of Personal Obligation
a. Positive personal obligation
b. Negative personal obligation
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obligation to do or to render service.
Positive Personal Obligation
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obligation not do or not to give
Negative Personal Obligation
63
Art. 1157
Obligations arise from:
1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law
5. Quasi-delicts
64
when they arise from stipulation of parties.
Contracts
65
when they 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.
Quasi-contracts
66
What is the legal justification of Quasi-contracts?
no one shall be unjustly enriched or benefited at the expense of another.
67
When they arise from civil liability which is the consequence of a criminal offense
Crimes or acts or omissions punished by law
68
When they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties
Quasi-delicts or torts
69
Art. 1158
Obligations derived from law are not presumed.
Only those expressly determined in this code or in special laws are demandable, and shall be regulated by the precepts of law which establishes them and as to what has not been foreseen, by the provisions of this Book.
70
Obligations that are not presumed because they are considered a burden upon the obligor
Legal Obligation
71
How can legal obligation be demandable
They must be clearly set forth in the law (Civil Code)
72
Art. 1159
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
73
Obligations arising from contracts or voluntary agreements
Contractual obligation
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A meeting of minds between two or more persons, whereby one binds himself with respect to the other to give something or to render some service
Contract
75
Info on the Binding Force of a contract
- Contract has the force of law
- it does not mean that the contract is superior to the law
- a contract must be valid and it cannot be valid if it is against the law
76
Requirement of a valid contract
It is not contrary to law, morals, good customs, public order, or public policy
77
How can a contract be breached or violated by a party in the whole or in part?
When a party fails or refuses to comply without legal reasons or justification, with his obligation under the contract as promised
78
Compliance or performance in accordance with the stipulation or terms of the contract or agreement
Compliance in good faith
79
What must be observed in compliance in good faith
Sincerity and honesty to prevent one party from taking unfair advantage over the other
80
Art. 1160
Obligations derived from quasi contracts shall be subject to the provisions of Chapter 1, Title XVII of this book
81
What is a quasi contractual obligation
It is not properly a contract at all because there's no consent or formal agreement between parties.
The law considers the parties as having entered in a contract although they have not actually done so and irrespective of their intention to prevent injustice or the unjust enrichment of a person at the expense of another.
82
Kinds of quasi-contracts
1. Negotiorum gestio
2. Solutio Indebiti
83
Is the voluntary management of the property or affairs of another without the knowledge or consent of the letter
Negotiorum gestio
84
The juridical relation which is created when something is received when there is no right to demand it and it was annually delivered through mistake
Solutio Indebiti
85
What are the requisites for a Solutio Indebiti contract?
1. There is no right to receive the thing delivered
2. The thing was delivered through mistake
86
Art. 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
87
Civil liability arising from crimes or delics
1. civil liability in addition to criminal liability
2. criminal liability without civil liability
3. civil liability without criminal liability
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When the commission of a crime causes not only moral evil but also material damage
Civil liability in addition to criminal liability
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A crime which causes no material damage
Criminal liability without civil liability
90
A person not criminally responsible but may still be liable civilly such as failure to pay a contractual debt
Civil liability without criminal liability
91
Scope of civil liability
1. Restitution
2 reparation for the damage caused
3. Indemnification for consequential damages
92
Art. 1162
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.
93
Requisites of quasi-delict
1. There must be an act or omission
2. There must be fault or negligence
3. There must be damaged caused
4. There must be a direct relation or connection of cause and effect between the act or omission and the damage 5. There is no pre-existing contractual relation between the parties
94
Crime distinguished from quasi-delict
1. In crime, there is criminal or malicious intent or criminal negligence while in quasi-delixf, there is only negligence
2. in crime the purpose is punishment while in quasi indemnification of the offended party
3. crime affects public interest while quasi-delict concerns private interest
4. in crime there are generally to liabilities criminal and civil while in quasiatic there's only civil liability
5. criminal liability cannot be compromised or settled by the parties themselves while liability for quasi-delict can be compromised as any other civil liability
6. in crime the guilt of the accused must be proved beyond reasonable doubt, while in quasi-delict the fault or negligence of the defendant need only be proved by preponderance superior or greater weight of evidence
95
Art. 1163
Every person obliged to give something is also obliged to take care of it with proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
96
A thing particularly designated or physically segregated from others of the same class
Specific or determinate
97
A thing that refers only to a class to which it pertains and cannot be pointed out with particularity
Generic or indeterminate
98
- Identified by its individuality
- the debtor cannot substitute it with another although the latter is on the same kind and quality without the consent of the creditor
Determinate
99
It is Identified only by its specie. The debtor can give anything of the same class as long as it is on the same kind
Generic thing
100
Duties of a debtor in obligation to give a determinate thing
1. Preserve or take care of the thing
2. Deliver the fruits of thing
3. Delivery accessions and accessories
4. Deliver the thing itself
5. Answer for damages in case of non fulfillment or breach
101
Art. 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.
102
Different kind of Fruits
1. Natural Fruits
2. Industrial Fruits
3. Civil Fruits
103
Spontaneous products of the soil, and the young, and other products of animals
Natural fruit
104
Those produced by lands of any kinds through cultivation or labor
Industrial fruits
105
Drive by virtue of a juridical relation
Civil Fruits
106
Who is entitled to the fruit of the thing to be delivered
Creditor
107
Is the right or power of a person to demand from another as a definitive passive subject, the fulfillment of the letters obligation to give to do or not to do
Personal right
108
The right or interest of a person over a specific thing without the definite passive subject against whom they write maybe personally enforced
Real right
109
What is another distinction of personal right and real right
A personal right is binding or enforceable only against a particular reason
while a real right is directed against the whole world
110
Art. 1165
When what is to be delivered is a determinate thing, the creditor in addition, to the right granted 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 compelled with at expense of the debtor
If the obligar delays or has prompts to deliver the same thing to or more person who do not have the same interest, he should be responsible for fortuitous event until he has eggffected the delivery
111
Remedies of traitor in real life of the christian in case the debtor fails to comply with his obligation
- Demand specific performance or fulfillment of the obligation with a right to indemnity for damages
- demand recession or cancellation of the obligation also with a right to recover damages
- demand payment of damages only, where it is only feasible remedy
112
Can be performed by third person sees the object is pressed only according to his family or genus
Generic real obligation
113
Art. 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
114
Are the fruits of a thing or additions to or improvements upon a thing
Accessions
115
Are things join to include with the principal thing for better use or completion
Accessories
116
What is the right of creditor to accessions and accessories
General rule: all accessions and accessories are considered included in the obligation to deliver a determinate thing.
117
Art. 1167
If a person obliged to do something fails to do it, the same shall be executed at his cost.
The same rules shall be observed if he does it in a contravention of the tenor of the obligation. Furthermore it may be decreed that what has been poorly done be undone.
118
What are the situations contemplated in article 1167??
1. The debtor fails to perform an obligation to do
2. the debtor performs an obligation to do but contrary to the terms thereof
3. the debtor performs an obligation to do but in poor manner
119
Art. 1168
When the obligation consists in not doing and the obligor does not what has been forbidden him it should also be undone at his expense.
120
Art. 1169
Those obliged to deliver or to do something incur in delay from the time the oblige judicially or extrajudicially demands from them the fulfillment of their obligation.
However the demand by the creditors shall not be necessary in order that the delay may exist:
1. With 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 service is to be rendered was a controlling motive for the establishment of the contract
3. when demand would be used as when the obligor has rendered it beyond his power to perform
In reciprocal obligation, neither party incre 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 party fulfills his obligation delay by the other begins
121
The failure to perform an obligation on time
Ordinary delay
122
The failure to perform an obligation on time which failure constitute a breach of the obligation
Legal delay or default or mora
123
Kinds of delay
- Mora solvendi
- mora accipiendi
- Compensatio morae
124
The delay on the part of the debtor to fulfill his obligation, to give or to do
Mora solvendi
125
The delay on the part of the creditor accept the performance of the obligation
mora accipiendi
126
The delay of the obligors in reciprocal obligation..
There's no actionable default on the part of both parties
Compensatio morae
