OBLICON Law Intro.pdf

Introductory Lecture for COBLAW1 Class Atty. Hilario S. Caraan, MNSA, DPA LAW –set of reasonable rules of conduct promulgated by competent authority for the compliance of all and for the promotion of common good.  General Classes of Law:" Divine Law" Moral Law" Natural Law" Physical L...

Introductory Lecture for COBLAW1 Class Atty. Hilario S. Caraan, MNSA, DPA LAW –set of reasonable rules of conduct promulgated by competent authority for the compliance of all and for the promotion of common good.  General Classes of Law:" Divine Law" Moral Law" Natural Law" Physical Law" Human Positive Law or State Law" " Branches of Government:" Legislative" Executive " Judicial  Classes of Positive Law:" Human Positive Law or State Law" National Law" Ordinances (LGUs) " Administrative Regulations (IRR)" Kinds of National Law:" As to Nature or Purpose: " Substantive or Procedural/Adjective Law" As to Subject Matter: " Public or Private Law " Civil Code of the Philippines (Private Law): August 30, 1950 " BOOK 4: Main Source of General Provisions on " “Obligations and Contracts” [COBLAW1] Legal Presumptions: Conclusive Presumption:" Knowledge of the Law: “Ignoratia Legis non Excusat”! Estoppel! Prima Facie / Disputable / Rebuttable Presumption:" Possession of stolen property of another " Rape act alleged against another" " Nature of Obligations [Civil Code] ! - Civil Obligations! - Natural Obligations [Prescription of Civil Actions] !  Prescriptive Periods: Prescriptive Periods (from accrual of right of action):" Written Contracts (10 years)" Oral Contracts (6 years)" Negligence (4 years) " Obligation created by Law (10 years)" Not fixed by Law (5 years)" " " Civil Obligation is converted to Natural Obligation OBLIGATION Defined: - Juridical necessity " Prestations:" - to give(real obligation)" - to do (positive personal obligation)or " - not to do (negative personal obligation)" " OBLIGATION vs. AGREEMENT " Breach of Obligation vs. Breach of " Promise to Marry " Essential Requisites of an Obligation:" Active (C) Subject; " Passive (D) Subject; " Object (P); " Juridical Tie (Y) 5 Sources of OBLIGATIONS: -LAW" -CONTRACTS" -QUASI-CONTRACTS" 1. Solutio Indebiti" 2. Negotiorum Gestio" -CRIMES or DELICTS" Civil Liability vs. Criminal Liability" " Civil liability for damages is necessarily included in" Criminal Liability" " Scope of Civil Liability: " Restitution, Reparation and Indemnification" [Actual, Moral and Exemplary Damages] 5 Sources of OBLIGATIONS: -QUASI-DELICT" 1. Act or omission" 2. Fault or negligence" 3. Damage Caused" 4. Proximate Cause" 5. No pre-existing contract" " Situational Example: Act of Suicide resulting to damage to property and physical injuries