PRELIM Flashcards
Any rule of action or any
system of uniformity.
law
2 General Divisions of Law
• Promulgated & Enforced by the State
• Not Promulgated & Enforced by the State (non-legal sense)
Not Promulgated & Enforced by the State (non-legal sense)
• Divine law, Natural law, Moral law,
and Physical law
Promulgated & Enforced by the State
• State laws
the law of religion and faith which concerns itself with
the concept of sin and salvation
Divine Law
– formally promulgated by God and revealed to mankind by means of direct revelation.
Source
– lies in the assurance of certain rewards and punishments in the present life or in the life to come.
Sanction
divine inspiration in man of the sense of justice, fairness, and
righteousness, not by divine revelation or formal promulgation, but by internal dictates of reasons alone.
Natural Law
• man’s basic understanding of right and wrong based on fundamental
standard or criterion of good and evil.
Binding force
• Acts or conduct w/c man knows in his heart & conscience by the
dictates of his moral nature, are simply good, bad, or evil.
Binding force
– Natural Law is said to be impressed in man as the core of his higher self at the very moment of being, or
perhaps, even before that.
Compared to Divine Law
– Natural Law has been regarded as the reasonable basis of state law.
Place in State Law
• totality of the norms of good and right conduct growing out of the
collective sense of right and wrong of every community.
Moral Law
• the mores or ways of life were evolved which were always considered right and
correct, and obedience to them was demanded by the group.
Determination between Right vs. Wrong
•a spontaneous social reaction is produced in the form of public displeasure,
contempt or indignation if a member disregards the moral norms; public
pleasure, approval, and joy is the social response in conformity to the moral
norms.
Sanction
• moral law is not absolute.
Binding force
It varies with the changing times, conditions or convictions of the people
Binding force
uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel.
Physical Law
Law that is promulgated and enforced by the State
State Law
Only State Law is enforced by the State as a rule of action
accompanied by its physical force, if necessary
Binding force
Does not concern itself with violations of other rules of action
(divine, natural, moral law) unless they also constitute violations
of its commands.
Concern of State Laws
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. (Malcolm & Laurel)
Constitution
The fundamental law or supreme law or highest law of the
land.
Constitution
The declaration of legal rules by a competent
authority
Legislation
Enacted law or statute law
Legislation
Includes ordinances enacted by local governments
Legislation
The decisions of the courts, particularly the
Supreme Court, applying or interpreting the
laws or the Constitution form part of the legal
system of the Philippines (Art 8, New Civil Code)
Judicial Decisions or Jurisprudence
Has the force and effect of law
Judicial Decisions or Jurisprudence
Issued by administrative officials under
legislative authority.
Administrative or Executive Orders,
Regulations & Rulings
Doctrine of Stare Decisis means
“let it stand”, et non quieta movere
Once a case has been decided one way, then
another case involving exactly the same point
at issue, should be decided in the same
manner.
Doctrine of Stare Decisis
Consists of habits and practices which through long
and uninterrupted usage have become
acknowledged and approved by society as binding
rules of conduct
Custom
Regular Courts
• Supreme Court
• Court of Appeals
• Regional Trial Court
• Metropolitan Trial Courts
• Municipal Trial Courts in Cities
• Municipal Circuit Trial Courts
Special Courts
•Sandiganbayan
• Court of Tax Appeals
•Shari’ah District Courts
•Shari’ah Circuit Courts
(NLRC)
National Labor Relations Commissions
SEC
Securities and Exchange Commission
LTFRB
Land Transportation Franchising and Regulatory
Board
IC
Insurance Commission
COMELEC
Civil Service
Commission,
That portion of the body of law creating and
defining rights and duties which may be either
public or private in character (e.g. substantive
private law – law on obligations andcontracts)
Substantive Law
That portion of the body of law prescribing the
manner or procedure by which rights may be
enforced or their violations redressed.
Adjective Law
Remedial law or procedural law
Adjective Law
The body of legal rules which regulates the
rights and duties arising from the relationship of
the state to the people.
Public Law
The body of rules which regulates the relations
of individuals with one another for purely
private ends
Private Law
OBLIGATION came form the latin word which means
OBLIGATIO
OBLIGATIO
TYING OR BINDING
A tie or bond recognized by law.
OBLIGATION
To render something
do a certain act, or not do a certain act)
(to give something, to
A tie or bond recognized by law.
AN OBLIGATION IS A JURIDICAL NECESSITY
TO GIVE, TO DO, OR NOT TO DO.
ART. 1156, CIVIL CODE
ESSENTIAL ELEMENTS
- PRESTATION
- ACTIVE SUBJECT
- PASSIVE SUBJECT
- JURIDICAL TIE
THE OBLIGATION TO BE PERFORMED
PRESTATION
ALSO CALLED SUBJECT MATTER OR
OBJECT OF THE OBLIGATION
PRESTATION
THE ONE WHO HAS THE POWER TO
DEMAND THE PRESTATION.
ACTIVE SUBJECT
ALSO CALLED CREDITOR OR OBLIGEE
ACTIVE SUBJECT
THE ONE WHO IS BOUND TO PERFORM
THE PRESTATION.
PASSIVE SUBJECT
ALSO CALLED DEBTOR OR OBLIGOR.
PASSIVE SUBJECT
THE “REASON” A DEBTOR/OBLIGOR IS
BOUND IFO THE CREDITOR/OBLIGEE TO
PERFORM THE PRESTATION.
JURIDICAL TIE
ALSO CALLED EFFICIENT CAUSE
JURIDICAL TIE
• ART. 1156, CIVIL CODE
• OBLIGATIONS W/C GIVE A RIGHT OF
ACTION TO COMPEL PERFORMANCE
• BASIS: POSITIVE LAW
CIVIL OBLIGATIONS
- ARTS. 1423 - 1430, CIVIL CODE
- CANNOT BE ENFORCED BY A COURT
ACTION, BUT VOLUNTARY FULFILLMENT
PROHIBITS THE RETURN OF WHAT HAS
BEEN GIVEN. - BASIS: EQUITY AND NATURAL LAW
NATURAL OBLIGATIONS
KINDS OF OBLIGATIONS
- REAL OBLIGATION
- PERSONAL OBLIGATION
- “OBLIGATIONTO GIVE”
- THE SUBJECT MATTER OF THE OBLIGATION IS
THE DELIVERY OF A THING BY THE OBLIGOR TO
THE OBLIGEE
REAL OBLIGATION
- “OBLIGATIONTO DO, OR NOT TO DO”
-THE SUBJECT MATTER OF THE OBLIGATION IS
THE ACT TO BE DONE, OR NOT TO BE DONE.
PERSONAL OBLIGATION
KINDS OF PERSONAL OBLIGATION
- POSITIVE PERSONAL OBLIGATION
- NEGATIVE PERSONAL OBLIGATION
• OBLIGATION NOT TO DO (INCL. OBLIGATION NOT TO GIVE)
NEGATIVE PERSONAL OBLIGATION
• OBLIGATION TO DO OR RENDER SERVICE.
POSITIVE PERSONAL OBLIGATION
MEANS RIGHT OF ACTION
JURIDICAL NECESSITY
