Chapter 1 [Introduction to Law - Article 1162]

Question 1

In its widest and most comprehensive sense, the term law means…

Answer 1

any rule of action or any system of maturity

Question 2

Law, in general, determines not only the activities of men as rational beings but…

Answer 2

also the movements or motions of all objects of creation, whether animate or inanimate

Question 3

Law may be divided into two (2) general groups which are?

Answer 3

1. Law (in the strict legal sense) which is promulgated and enforced by the state; and
2. Law (in the non-legal sense) which is not promulgated and enforced by the state.

Question 4

What laws are comprised in the definition of law as a rule of action?

Answer 4

state law, divine law, natural law, and moral law
(They apply to men as rational beings only)

Question 5

What are the four (4) characteristics of law (in its specific sense)?

Answer 5

1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by legitimate authority
4. It is of common observance and benefit

Question 6

What are the five (5) principal sources of law in the Philippines?

Answer 6

Constitution, legislation, administrative rules and regulations, judicial decisions, and customs

Question 7

Among the principal sources of law in the Philippines, what is defined as “the 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 departments for their safe and useful exercise for the benefit of the people.”?

Answer 7

Constitution of the Philippines

Question 8

Law is not an end in itself. It may be viewed as a means of…

Answer 8

social control - the control of social behavior that affects others

Question 9

What are the three (3) main divisions of power in our system of government?

Answer 9

regular courts, special courts, quasi-judicial agencies

Question 10

Define the law on obligations and contracts. See Article 1307.

Answer 10

“The law of obligations and contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts.”

Question 11

The law on obligations and contracts is found in Republic Act No. 386, otherwise known as…

Answer 11

The Civil Code of the Philippines
(When we speak of civil law, we refer to the law found primarily in our Civil Code.)

Question 12

The term obligation is derived from the Latin word that means and is called?

Answer 12

“Obligatio,” which means tying or binding

Question 13

State Article 1156.

Answer 13

“An obligation is a juridical necessity to give, to do or not to do.”

Question 14

What are the four (4) essential requisites of every obligation?

Answer 14

1. passive subject (called debtor or obligor)
2. active subject (called creditor or obligee)
3. object or prestation (subject matter of the obligation)
4. juridical or legal tie (also called efficient cause)

Question 15

Obligation is the act or performance which…

Answer 15

the law will enforce

Question 16

Right is the power which a person has under the law…

Answer 16

to demand from another any prestation

Question 17

A wrong (cause of action) is an act or omission of…

Answer 17

one party in violation of the legal right or rights of another

Question 18

What is also used to refer to the wrongful violation of the legal right of another?

Answer 18

Injury

Question 19

What are the kinds of obligation according to the subject matter?

Answer 19

1. Real obligation (obligation to give)
2. Personal obligation (obligation to do or not to do)

Question 20

What are the two kinds of personal obligation?

Answer 20

1. Positive personal obligation (obligation to do or to render service)
2. Negative personal obligation (obligation not to do, which naturally includes obligations “not to give”)

Question 21

What are the five (5) sources of obligation?

Answer 21

1. Law (when they are imposed by law itself)
2. Contracts (an agreement between two parties)
3. Quasi-contracts (unjust enrichment; considered as arising from the law)
4. Crimes or acts or omissions punished by law (when they arise from civil liability; a consequence of a criminal offense)
5. Quasi-delicts or torts (causing damage to another through an act or omission but no contractual relationship exists between the parties with there being fault or negligence)

Question 22

“Pacta sunt servanda” is known as…

Answer 22

Compliance in good faith

Question 23

Define compliance in good faith.

Answer 23

It means compliance or performance in accordance with the stipulations or terms of the contract or agreement. (Sincerity and honesty must be observed)

Question 24

What is a quasi-contract?

Answer 24

A juridical relation resulting from awful, voluntary, and unilateral acts by virtue of which the parties become bound to each other that no one will unjustly enriched or benefited at the expense of another.

Question 25

What are the two (2) principal kinds of quasi-contracts?

Answer 25

1. Negotiorum gestio (the voluntary management of the property or affairs of another without the knowledge or consent of the latter)
2. Solutio indebiti (it is based on the principle that no one shall enrich himself unjustly at the expense of another)