BA 161 - Introduction to the Philippine Legal System PDF

BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 ○ Example: Age limits, requirement of driver’s license, Understanding Law...

BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 ○ Example: Age limits, requirement of driver’s license, Understanding Law and etc. Prohibitory Law What is a Law ○ Laws that prohibits people from committing certain Set of rules that is agreed upon by society actions Do you need to follow laws ○ Example: Laws on No Abortion, Drugs, and etc. ○ If we don’t follow laws, something will happen to us Permissive Law (consequences for not following) ○ Laws that exists but has the option to not follow ○ Example: Laws on Marriage and etc. Law The science of moral rules founded on the rational nature of Philippine Legal System man which govern his free activity, for the realization of the Mixture of Roman (Civil Law) and Anglo-American (Common individual and social ends of a nature both demandable and Law) systems reciprocal (Sanchez Roman) Heavily influenced by Roman Law and Spanish Civil Law ○ Set of rules to govern society Court decisions are Binding Mass of obligatory rules established for the purpose of governing the relations of persons in society (Tolentino). Hierarchy of Laws ○ People vs Person/Individual 1. 1987 Constitutions It is a norm of human conduct in social life, established by a Should be followed at all costs sovereign organization and imposed for the compulsory 2. Statutes observance of all (Tolentino). Amends the constitution to allow certain things A rule of conduct, just, obligatory, promulgated by legitimate 3. Implementing Rules authority, and of common observance and benefit. 4. Ordinances (Sanchez Roman) 5. Various Issuances Kinds of Law Mandatory Law ○ Laws that needs to be followed BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 Other Articles Person created by law, for intent and purposes Article 7 Created by legal fiction: does not exist ○ New Civil Code Personality exists once the law creating it Article 3, NCC approved of it and it is extinguished upon ○ Assumption that everyone under the law is suppose dissolution to know the law It can only do what is stated by the law ○ One should still follow the law even if you are not liable Are Laws Obligatory? Article 3 Section 10, Constitution Laws are obligatory and only the court can make it ○ No law impairing the obligation of contracts shall be unconstitutional passed ○ Contracts can come in any form and have no specific Juridical Capacity form. It can be done orally Personality as a person Civil Code Natural Person ○ Covers our relationship ○ As long as you are alive, you have juridical capacity ○ Personhood cannot be renowned and is only lost What is a person through death Natural or Juridical Person ○ Juridical Capacity is inherent in every natural person ○ Natural Person Invaluable, no one can take away your Capacity to Act humanhood Something that can be affected You are a person no matter the defects ○ Example: Entering into Contracts Personality starts from birth and is Capacity to act is limited such as being a minor, insanity, extinguished by death imbecility, deaf-mute, prodigality, civil interdiction. It can do anything unless it is stated against ○ Can still get into contracts the laws ○ Juridical Person BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 Obligation ○ He who has a duty to perform an obligation Article 1156: Obligation is a juridical necessity to give, to do, Active Subject or not to do ○ Person entitled to demand the fulfillment of an ○ Juridical Necessity: Required by Law to do it. obligation Non-Compliance can lead to demand via court on Object or Prestation specific performance or they can demand for cash for ○ The conduct required to be observed by the passive damages subject Types of Obligation idical or Legal tie To Give ○ That which binds or connects the parties to an ○ Obligation to pay salary, provide services, Sale of obligation Goods, and etc. To Do Forms of Obligation ○ Perform, to work, to do construction work, to build a Can be written, oral, or in writing house, and etc. ○ In proving the presence of an oral contract, one must Not to Do provide a circumstantial evidence ○ NDA - layuan mo ang anak ko Kinds of Obligation Sources of Obligation Real Article 1157: Obligation arise from: Personal ○ Law ○ Positive ○ Contracts ○ Negative ○ Quasi-Contracts Contract ○ Acts or omissions punished by law Meeting of minds between 2 persons whereby one binds ○ Quasi-Delicts themselves with respect to the other to give something or to render some services Essential Requisites of an Obligation Voluntary obligations entered by the party Passive Subject BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 Note: Law must be written, and that legitims (Pamana) are required business who enjoy the advantages of the same shall to be given children be liable for obligations incurred in his interest, and shall reimburse the officious manager for the Quasi-Contracts necessary and useful expenses and for the damages Certain lawful, voluntary, and unilateral acts give rise to which the latter may have suffered in the the juridical relation of quasi contract to the end that no one performance of his duty shall be unjustly enriched or benefited at the expense of Solutio Indebiti another ○ If something is received when there is no right to Not born by the meeting of the minds demand it, and it was unduly delivered through Principle: Prevent unjust enrichment at the expense of mistake, the obligation to return it arises another Other Quasi-Contracts ○ Quasi-Contracts must be only for reimbursement and ○ Support given by a stranger without the knowledge not for profit. of the person obliged to give support (Art. 2164) Negotiorum Gestio Stranger: Someone not obliged to provide ○ Whoever voluntarily takes charge of the agency or legal support management of the business or property of another, ○ Funeral expenses are borne by a third person, without any power from the latter, is obliged to without the knowledge of those relatives who were continue the same until the termination of the obliged to give support to the deceased affair and its incidents, or to require the person ○ Person injured in an accident or someone seriously concerned to substitute him, if the owner is in a ill and he is treated or helped while he is not in a position to do so. This juridical relation does not arise condition to give consent to a contract in either of these instances ○ Property saved from destruction by another Whenever property or business is not person during a fire, flood, storm, or other calamity, neglected or abandoned without the knowledge of the owner If in fact the manager has been tacitly ○ People who fail to comply with health or safety authorized by the owner regulations concerning property, government do the ○ Although the officious management may not have necessary work even with objection been expressly ratified, the owner of the property or BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 ○ When in a small community a majority of the inhabitants of age decide upon a measure for Note: Law does not allow double recompensation protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and Quasi-Delicts refuses to contribute to the expenses but is Reckless imprudence benefited by the project as executed shall be liable ○ Acts and omissions punished by law to pay his share of said expenses. Whoever by act or omission causes damage to another, there being fault or negligence is obliged to pay for the Finders Keepers damage done. Such fault or negligence, if there is no Whoever finds a movable, which is not treasure, must pre-existing relation between parties is called quasi-delict return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the Other Relevant Articles city or municipality where the finding has taken place. Article 1158 The finding shall be publicly announced by the mayor for ○ Obligations derived from law are not presumed. Only two consecutive weeks in the way he deems best. those expressly determined in this Code or in special If the movable cannot be kept without deterioration, or laws are demandable without expenses which considerably diminish its value, it Article 1159 shall be sold at public auction eight days after the ○ Obligations arising from contracts have the force of publication. law between the contracting parties and should be Six months from the publication having elapsed without the complied with good faith owner having appeared, the thing found, or its value, shall Article 19 be awarded the finder. ○ Every person must, in exercise of his rights and in the If the owner should appear in time, he shall be obliged to performance of his duties, act with justice, give pay, as a reward to the finder, one-tenth of the sum or of everyone his due, and observe honesty and good the price of the thing found. faith Article 1164 ○ The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 However, he shall acquire no real right over it until Fraud and Negligence the same has been delivered to him. ○ Natural Fruit: Actual fruits, child of an animal, etc. Article 1170 ○ Industrial Fruit: get by cultivating the land Those who in the performance of their obligations are guilty ○ Civil Fruits: if Building is sold, rent paid is considered of Fraud, Negligence, or Delay, and those who in any as fruits manner contravene the tenor thereof, are liable for Article 1165 damages ○ When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1171 Article 1170, may compel the debtor to make the Responsibility arising from fraud is demandable in all delivery. obligation Determinate: Specific Description Any waiver of an action for future fraud is void ○ If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense Article 1172 of the debtor. Responsibility arising from negligence in the performance of Indeterminate: General Description every kind of obligation is also demandable, but such liability ○ If the obligor delays, or has promised to deliver the may be regulated by the courts, according to the same thing to two or more persons who do not have circumstances the same interest, he shall be responsible for any fortuitous event until he has affected the delivery. Article 1173 Article 1166 The fault or negligence of the obligor consists in the ○ The obligation to give a determinate thing includes omissions of that diligence which is required by the nature of that of delivering all its accessions and the obligation and corresponds with the circumstances of accessories, even though they may not have been the person, of the time and of the place mentioned. ○ This means that a person fails to fulfill their responsibility when they don't act with the level of care that the obligation requires. BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 ○ The level of care depends on the specific situation: ○ Generally, people are not liable for unpredictable or who the person is (their role or capabilities), the unavoidable events unless: timing, and the location. the law requires it, ○ Essentially, the obligor is at fault if they fail to take a contract specifies it, or reasonable actions that fit these factors. the nature of the obligation means assuming If the law or contract does not state the diligence which is those risks. to be observed in the performance, that which is expected of Article 1179 a good father of a family shall be required. ○ Every obligation whose performance does not ○ If there’s no specific guidance on how careful the depend upon a future or uncertain event, or upon a obligor must be, the article says they should act with past event unknown to the parties, is demandable at the care expected of a "good father of a family." once ○ This phrase means acting responsibly, carefully, ○ Article 1183 and reasonably Condition must not be impossible Fortuitous Events Types of Obligations Article 1174 ○ Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or Pure Obligations when the nature of the obligation requires the Obligations that are immediately demandable as they are assumption of risk, no person shall be responsible not dependent on any condition or uncertain event. for those events which could not be foreseen, or The obligation takes effect at once and is immediately which, though foreseen, were inevitable enforceable. ○ Generally, a person is not responsible for events that couldn’t be predicted or, even if they were Conditional Obligations predicted, couldn’t have been avoided. These Obligations whose demandability or extinguishment events are often referred to as force majeure or acts depends on a future and uncertain event. of God BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 Types of Conditional Obligations Impossible Obligations: These are obligations that 1. Suspensive Condition (Condition Precedent) cannot be fulfilled, either because it’s physically, The obligation arises only when the condition occurs. legally, or practically impossible. If an obligation is Until the condition happens, the obligation is not yet impossible, it’s generally considered void, meaning effective it’s unenforceable in a contract. 2. Resolutory Condition (Condition Subsequent) 5. Potestative or Casual The obligation is immediately demandable but can be Potestative Conditions: Depend solely on the will of extinguished upon the fulfillment of the condition. one of the contracting parties. If the obligation is 3. Express or Implied conditional on the will of the debtor, it is void. Expressed Obligation: These are clearly stated or Casual Conditions: Depend on chance or the will of a explicitly agreed upon terms in a contract. They are third party. written out or verbally agreed to, so both parties 6. Negative or Positive know exactly what is expected. Positive Obligations: These require a person to Implied Obligation: These are not specifically stated actively do something. This can mean providing a but are understood to be part of the contract based service, delivering goods, or taking an action required on the nature of the agreement, the behavior of the by a contract or law. parties, or legal standards. Negative Obligations: These require a person to ○ Implied obligations ensure that each party refrain from doing something. Essentially, it’s an performs their part in a way that aligns with obligation not to act in a certain way. the spirit of the agreement, even if it’s not 7. Conjunctive or Disjunctive written down. Conjunctive Obligations: These require the obligor 4. Possible or Impossible (the person responsible) to fulfill all specified Possible Obligations: These are obligations that can obligations. Each part of the obligation is connected, be reasonably fulfilled or accomplished under normal so they must be done together or one after the other. circumstances. The duty, task, or responsibility is Disjunctive Obligations: These allow the obligor to feasible given current resources, capabilities, or fulfill only one of the specified obligations. circumstances. BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 ○ The condition not to do an impossible thing shall be Other Relevant Information on Suspensive Condition considered as not having been agreed upon. Suspensive condition depending on the will of the debtor = Article 1184 (Resolutory Condition) VOID ○ The condition that some event happen at a Suspensive condition depending on the will of the creditor = determinate time shall extinguish the obligation as VALID soon as the time expires or if it has become Suspensive condition depending on the will of a 3rd party = indubitable that the event will not take place. VALID Article 1185 (Suspensive Condition) ○ The condition that some event will not happen at a Other Relevant Articles determinate time shall render the obligation Article 1180 effective from the moment the time indicated has ○ When the debtor binds himself to pay when his elapsed or it has become evident that the event means permit him to do so, the obligation shall be cannot occur deemed to be one with a period, subject to the ○ If no time has been fixed, the condition shall be provisions of article 1197 deemed fulfilled at such time as may have been ○ The debtor binds themselves to pay a debt when contemplated, bearing in mind the nature of they have the financial means to do so. This indicates obligation that the obligation to pay is not immediate but Article 1186 contingent upon the debtor's financial situation. ○ The condition shall be deemed fulfilled when the Article 1183 obligor voluntarily prevents its fulfillment ○ Impossible conditions, those contrary to good Article 1187 customs or public policy and those prohibited by law ○ The effects of a conditional obligation to give, once shall annul the obligation which depends upon them. the condition has been fulfilled, shall retroact to the If the obligation is divisible, that part thereof which is day of the constitution of the obligation. not affected by the impossible or unlawful condition ○ Nevertheless, when the obligation imposed shall be valid. reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition BA 161 - Introduction to the Philippine Legal System Sir Paolo Macariola | 1st Semester 2024-2025 shall be deemed to have been mutually By novation. compensated ○ If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. Article 1191 ○ The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. ○ The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. ○ The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. Article 1231 ○ Obligations are extinguished: By payment or performance; By the loss of the thing due; By the condonation or remission of the debt; By the confusion or merger of the rights of creditor and debtor; By compensation;