Introduction to Law and its Divisions

Introduction to Law

• Law refers to any rule of action or system ensuring uniformity.

General Divisions of Law

• Law is divided into two groups:
  • Law (in the strict legal sense): Enforced by the state (State Law).
  • Law (in the non-legal sense): Not enforced by the state (divine, natural, moral, and physical law).

Subjects of Law

• State law, divine law, natural law, and moral law apply to men as rational beings and define law as a rule of action.
• Physical law governs everything, including humans, regardless of willpower/intelligence, and is only figuratively called law.

Divine Law

• Divine Law relates to religion/faith, dealing with sin and salvation.
• Divine Law is revealed to mankind directly by God.
• Divine Law's rewards and punishments lie in this life or the afterlife.

Natural Law

• Natural Law is defined as the innate human sense of justice, fairness, and righteousness deriving from internal reason.
• Natural Law is universally binding and based on an understanding of good and evil.
• Natural Law stems from man's higher self, while Divine Law is divinely revealed.
• Natural law serves as a basis for state law.

Moral Law

• Moral Law includes norms of right and wrong conduct based on a community's collective beliefs.
• Moral Law lacks legal sanctions like imprisonment; only social approval or disapproval enforces it.
• Moral Law is not absolute as it changes with time, conditions, or the convictions of the population.
• Moral law shapes state law.

Physical Law

• Physical Law consists of consistent actions and sequences seen in nature (e.g., gravity, chemical reactions).

State Law (Law)

• State Law is also referred to as positive law, municipal law, civil law, and imperative law, which is promulgated and enforced by the state.
• State Law is enforced by the state using physical force, when needed.
• In a broad sense, state law is all laws governing people in society.
• In a specific sense, it's a just, obligatory rule of conduct, benefitting all, and is created by legitimate authority.

Characteristics of State Law

• It is a rule of conduct, dictating what should and should not be done.
• It is obligatory, functioning as a command that requires obedience and has sanctions.
• It is promulgated by legitimate authority like the legislature (e.g., Congress in the Philippines), with local governments able to enact ordinances.
• It is of common observance and benefit, meaning the law must be followed by everyone for the good of all.

Purpose of Law

• Law provides justice, resolves conflicts, orders society, protects interests, and controls social relations.
• All citizens should understand and observe law for the common good, as internal order is as vital as external defense for a stable society.

Sources of Law

• Constitution: Establishes, limits, and defines the government's powers distributing them among departments for public benefit.
• Legislation: Legal rules declared by an authority, with acts passed by the legislature called enacted or statute law, including local ordinances.
• Administrative Orders: Executive orders, issued by officials under legislative authority, are valid if they align with laws/constitution.
• Judicial Decisions: Court decisions, especially by the Supreme Court, interpreting laws/Constitution, are part of the legal system, and superior court rulings bind lower courts (stare decisis/precedent).
• Custom: Practices that, through long use, are accepted and approved by society as binding rules, enforced by the state.
• Other sources: These include justice/equity principles, foreign court decisions, legal opinions, and religion, which are supplementary and non-binding.

Organization of Courts

• Regular Courts: The Philippine judicial system's hierarchy has the Supreme Court at the top.

The other courts are:

• Court of Appeals
• Regional Trial Courts: Located throughout different provinces and cities.
• Metropolitan/Municipal Trial Courts: Includes courts in metropolitan areas, cities (not in metro areas), municipalities, and municipal circuit courts with jurisdiction over multiple areas.
• The Supreme Court, Court of Appeals, and Regional Trial Courts have general/superior jurisdiction.
• Special Courts: Includes the Sandiganbayan (anti-graft court) and Court of Tax Appeals, which are on the same level as the Court of Appeals.
• Quasi-judicial Agencies: This refers to administrative bodies in the executive branch, such as the National Labor Relations Commission.
• Others include the Securities and Exchange Commission, Land Transportation Franchising and Regulatory Board, and Insurance Commission.
• Civil Service Commission, Commission on Elections, and the Commission on Audit are independent Constitutional Commissions .
• Quasi-judicial agencies and Constitutional Commissions are not part of the integrated judicial system, settling disputes or controversies.

Classifications of Law

• According to purpose:
  • Substantive law creates/defines rights and duties (public/private), such as laws on obligations and contracts.
  • Adjective law prescribes how rights are enforced or violations are redressed (remedial/procedural law).
• According to subject matter:
  • Public law governs the state's relationship with the people (e.g., criminal, international, constitutional, administrative law).
  • Private law regulates relationships between individuals for private purposes (e.g., laws on obligations, contracts, civil/commercial law).

Law on Obligations and Contracts

• This area covers the rules about the nature, sources and effects of obligations, and the rights and duties from agreements and specific contracts.

Civil Code of the Philippines

• The laws on obligations and contracts can be found in Republic Act No. 386, also referred to as the Civil Code of the Philippines.
• The Civil Code has four books, with Book IV on obligations and contracts.

Obligations

• The term "obligation" comes from the Latin word "obligatio," meaning "lying or binding."
• It is a legally recognized tie where one party must render something to another, such as giving something, doing an action, or refraining from acting.
• Civil Code Article 1156 states an obligation is a juridical necessity to give, to do, or not to do.

Juridical Necessity

• An obligation is a juridical necessity since courts may enforce fulfillment if there is noncompliance or demand its economic equivalent.

Essential Requisites of an Obligation

• Passive subject (debtor/obligor): The one bound to fulfill the obligation.
• Active subject (creditor/obligee): The one entitled to demand fulfillment.
• Object/Prestation: The required conduct (giving, doing, or not doing).
• Juridical/Legal Tie: The binding element connecting the parties (efficient cause). Example of requisites of an obligation:
• Engr. X is contractually bound to design and install a CCTV system for Mr. Y for Php 30,000.
• Passive subject: Engr. X
• Active subject: Mr. Y
• Object/prestation: Designing/installing the CCTV system
• Juridical tie: The agreement/contract

Forms of Obligations

• The form of an obligation refers to how it is manifested or incurred.
  • Oral
  • In writing
  • Partly oral and partly in writing

Obligations, Rights, and Wrongs

• Obligation refers to a legally enforceable act or performance.
• Right is the legal power to demand a prestation from another person.
• Wrong is a violation of another's legal right, also referred to as injury.
• A person's obligation necessitates a corresponding right for another, and a basis for action emerges when a right is breached.
• Example of breach of obligation:
• Mr. Y is legally entitled to have Engr. X design and install his CCTV, representing their obligation under contract.
• Failing to comply can give rise to legal action for enforcing rights and recovering damages due to the violation.

Kinds of Obligation according to the subject matter

• Real obligation (obligation to give): Obligor delivers something to obligee.
• Example: Mr. X (supplier) is obligated to deliver machinery to Engr. Y (buyer).
• Personal obligation (obligation to do or not to do): Performing an act or not.
  • Positive personal obligation: Obligation to perform a service.
  • Example: Engr. X is bound to repair the machine of Ms. Y.
  • Negative personal obligation: Obligation NOT to do something.
  • Example: Engr. X is obligated not to build a wall on a part of his lot in favor of Ms. Y to not obstruct her access of right of way.

Sources of Obligations

• Law: Obligations set by law itself.
  • Example: Paying taxes or supporting one's family.
  • Legal obligations are not presumed but must be explicitly stated.
• Contracts: Obligations from agreements between involved parties.
  • Example: Repaying a loan through an agreement.
  • Contracts involve mutual consent to give, do, or render a service, and are typically valid and enforceable.
• Quasi-contracts: Obligations from lawful, voluntary, unilateral actions ensuring no unjust enrichment.
  • Example: Returning money mistakenly paid.
  • Quasi-contracts bind parties to prevent unjust enrichment at another's expense.

Quasi-contract types include:

• Negotiorum Gestio: Voluntary management of another's affairs without consent.

  • Example: X's neighbor, Y, saves X's house from fire while X is away and is entitled to reimbursement for expenses, even without X's explicit consent, based on quasi-contract.

• Solutio Indebiti: When something is received without the right, and it was unduly delivered by mistake.

  • Requisites:
    • No right to receive the thing delivered.
    • The thing was delivered through mistake.

• Example: D mistakenly pays Php 2,000 to T instead of the Php 1,000 owed to C, C must return the excess Php 1,000.

• Quasi-contractual obligations arise from contracts implied by law.

• Crimes or acts/omissions Punished by Law: Which give rise to civil liability

  • Example: A thief must return the stolen car; a murderer must compensate the victim's heirs.
  • Criminal acts often result in civil liability for damages, requiring the offender to provide restitution, reparation, and indemnification under the Revised Penal Code and Civil Code.

• Quasi-delicts or torts: arise when harm is caused through an act or omission, involving fault or negligence, but without any contractual agreement.

  • Example: A family head must answer for damages from things falling/thrown from their building, as would a possessor of an animal if they caused damage.

  • Quasi-delicts result from damage caused by negligence, creating an obligation to compensate for the injury. - Requisites: - Act or omission occurred, - Fault or negligence was involved, - Damage was caused, - Direct relation between act/omission and the damage, - No pre-existing contractual relation.

    - Example: X's softball breaks Y's window, obligating X to compensate Y due to negligence.
    

(Obligations arise from law and contracts, including those from quasi-contracts, delicts, and quasi-delicts, which are enforced by law.)