Podcast
Questions and Answers
What is a set of reasonable rules of conduct promulgated by a competent authority for the compliance of all?
What is a set of reasonable rules of conduct promulgated by a competent authority for the compliance of all?
Which class of law is categorized as having a specific purpose or nature?
Which class of law is categorized as having a specific purpose or nature?
What type of obligation is created from a law, such as in a civil obligation?
What type of obligation is created from a law, such as in a civil obligation?
Which of the following is an example of a prescriptive period for written contracts?
Which of the following is an example of a prescriptive period for written contracts?
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Which of the following accurately describes a juristic tie in obligations?
Which of the following accurately describes a juristic tie in obligations?
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Which type of presumption concerning possession states that possession of stolen property is assumed to have been in bad faith?
Which type of presumption concerning possession states that possession of stolen property is assumed to have been in bad faith?
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What term describes the obligation to perform an act as stipulated in an agreement?
What term describes the obligation to perform an act as stipulated in an agreement?
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What legal principle states that ignorance of the law excuses no one?
What legal principle states that ignorance of the law excuses no one?
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Which class of positive law is primarily concerned with the regulation of local government units?
Which class of positive law is primarily concerned with the regulation of local government units?
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What is the prescriptive period for oral contracts according to the defined periods?
What is the prescriptive period for oral contracts according to the defined periods?
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Which of the following is NOT considered a source of obligations?
Which of the following is NOT considered a source of obligations?
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Which type of obligation refers to the necessity of performance that is established through juridical means?
Which type of obligation refers to the necessity of performance that is established through juridical means?
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Which branch of government is responsible for creating laws?
Which branch of government is responsible for creating laws?
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What distinguishes a substantive law from a procedural law?
What distinguishes a substantive law from a procedural law?
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Which of the following describes a conclusive presumption in legal terms?
Which of the following describes a conclusive presumption in legal terms?
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What type of law encompasses rules made by legislative bodies at the national level?
What type of law encompasses rules made by legislative bodies at the national level?
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Which type of presumption is rebuttable in nature?
Which type of presumption is rebuttable in nature?
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In obligations, what do 'prestations' refer to?
In obligations, what do 'prestations' refer to?
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Study Notes
Definition of Law
- Law is a set of reasonable rules of conduct established by a competent authority for compliance, aimed at promoting the common good.
General Classes of Law
- Divine Law
- Moral Law
- Natural Law
- Physical Law
- Human Positive Law (State Law)
Branches of Government
- Legislative: Responsible for creating laws.
- Executive: Responsible for implementing laws.
- Judicial: Responsible for interpreting laws.
Classes of Positive Law
- Human Positive Law (State Law)
- National Law: Laws applicable at the national level.
- Ordinances: Local government unit regulations.
- Administrative Regulations: Implementing rules and regulations (IRR).
Kinds of National Law
- Substantive Law: Defines rights and duties.
- Procedural/Adjective Law: Governs the methods of enforcing rights.
- Public Law: Regulates the relationship between individuals and the government.
- Private Law: Governs relationships between private individuals, including the Civil Code of the Philippines established on August 30, 1950.
Legal Presumptions
- Conclusive Presumption: Knowledge of the Law (Ignorantia Legis non Excusat).
- Estoppel: Prevents a party from arguing something contrary to a claim made or implied by previous actions.
- Prima Facie/Disputable/ Rebuttable Presumption: Examples include possession of stolen property and allegations of rape.
Nature of Obligations
- Civil Obligations: Legally binding duties.
- Natural Obligations: Moral duties not legally enforceable but can be fulfilled.
-
Prescriptive Periods for Civil Actions:
- Written Contracts: 10 years
- Oral Contracts: 6 years
- Negligence: 4 years
- Obligations created by Law: 10 years
- Not fixed by Law: 5 years
Definition of Obligation
- Juridical necessity to perform a duty.
-
Prestations (The performance involved in an obligation):
- To give (real obligation)
- To do (positive personal obligation)
- Not to do (negative personal obligation)
Obligations vs. Agreements
- Breach of Obligation concerns legal duties, while Breach of Promise to Marry pertains to personal commitments.
Essential Requisites of an Obligation
- Active (Creditor) Subject: The party entitled to enforce the obligation.
- Passive (Debtor) Subject: The party obliged to fulfill the obligation.
- Object (Subject Matter of the Obligation): The action or performance required.
- Juridical Tie: The legal relationship between the subjects.
Sources of Obligations
- Law
- Contracts: Agreements creating obligations.
- Quasi-Contracts: Situations akin to contracts, such as:
- Solutio Indebiti: Payment of a debt not owed.
- Negotiorum Gestio: Management of another's affairs without consent.
- Crimes or Delicts: Wrongful acts leading to legal liability.
- Distinction between Civil Liability and other forms of liability.
Definition of Law
- Law is a set of reasonable rules of conduct established by a competent authority for compliance, aimed at promoting the common good.
General Classes of Law
- Divine Law
- Moral Law
- Natural Law
- Physical Law
- Human Positive Law (State Law)
Branches of Government
- Legislative: Responsible for creating laws.
- Executive: Responsible for implementing laws.
- Judicial: Responsible for interpreting laws.
Classes of Positive Law
- Human Positive Law (State Law)
- National Law: Laws applicable at the national level.
- Ordinances: Local government unit regulations.
- Administrative Regulations: Implementing rules and regulations (IRR).
Kinds of National Law
- Substantive Law: Defines rights and duties.
- Procedural/Adjective Law: Governs the methods of enforcing rights.
- Public Law: Regulates the relationship between individuals and the government.
- Private Law: Governs relationships between private individuals, including the Civil Code of the Philippines established on August 30, 1950.
Legal Presumptions
- Conclusive Presumption: Knowledge of the Law (Ignorantia Legis non Excusat).
- Estoppel: Prevents a party from arguing something contrary to a claim made or implied by previous actions.
- Prima Facie/Disputable/ Rebuttable Presumption: Examples include possession of stolen property and allegations of rape.
Nature of Obligations
- Civil Obligations: Legally binding duties.
- Natural Obligations: Moral duties not legally enforceable but can be fulfilled.
-
Prescriptive Periods for Civil Actions:
- Written Contracts: 10 years
- Oral Contracts: 6 years
- Negligence: 4 years
- Obligations created by Law: 10 years
- Not fixed by Law: 5 years
Definition of Obligation
- Juridical necessity to perform a duty.
-
Prestations (The performance involved in an obligation):
- To give (real obligation)
- To do (positive personal obligation)
- Not to do (negative personal obligation)
Obligations vs. Agreements
- Breach of Obligation concerns legal duties, while Breach of Promise to Marry pertains to personal commitments.
Essential Requisites of an Obligation
- Active (Creditor) Subject: The party entitled to enforce the obligation.
- Passive (Debtor) Subject: The party obliged to fulfill the obligation.
- Object (Subject Matter of the Obligation): The action or performance required.
- Juridical Tie: The legal relationship between the subjects.
Sources of Obligations
- Law
- Contracts: Agreements creating obligations.
- Quasi-Contracts: Situations akin to contracts, such as:
- Solutio Indebiti: Payment of a debt not owed.
- Negotiorum Gestio: Management of another's affairs without consent.
- Crimes or Delicts: Wrongful acts leading to legal liability.
- Distinction between Civil Liability and other forms of liability.
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Description
This introductory lecture for the COBLAW1 class covers the foundational concepts of law, including its definitions, classes, and the branches of government. Atty. Hilario S. Caraan guides students through the framework of reasonable rules promulgated by competent authorities, emphasizing the importance of law in promoting the common good.
