OBLICON _ NOTES FROM LECTURE.pdf

OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 Legislature as the legitimate and INTRODUCTION TO LAW competent authority...

OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 Legislature as the legitimate and INTRODUCTION TO LAW competent authority Definition of terms Characteristics/Elements Q: Do Judiciary have a law-making power? Sources Classifications Ans. Yes, they have policy making power but in very limited sense. ✓ rules of court DEFINITION OF TERMS ✓ admission to the bar | To define “law”, determine in what sense 4. It is of common observance and benefit GENERAL compilation ; a massive Equal Protection Clause: equity and SENSE obligatory rules of action uniformity ex. Law of men, Law of God All persons at same class Intended by man to serve man SPECIFIC regulates specific action regulates the relationship of men to /STRICT maintain harmony in society SENSE ex. Law on Obligations and Contracts CLASSIFICATIONS CHARACTERISTICS As to 1. Substantive Law PURPOSE 2. Adjective/Remedial Law Law in the specific/strict sense: (1) A rule of conduct, (2) just obligatory, (3) promulgated by legitimate authority, (4) and common As to 1. Public Law - State x People observance and benefit. SUBJECT 2. Private Law - Individual x MATTER Individual 1. It is a rule of conduct Law tells us what shall and what shall not be done. (a) As to purpose rule of human conduct: external acts Substantive ✓ creating, defining, and only Law regulating rights and duties 2. It is just obligatory Adjective Law ✓ prescribing the manner or Law - positive command, duty to / Remedial or procedure by which rights obey, and sanction which forces Procedural may be enforced or their obedience. Law violations redressed. It is promulgated by legitimate ✓ Rules of Court authority  OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 (a) As to subject Matter NATURAL OBLIGATION Public Law ✓ body of legal rules which ✓ No juridical tie regulates the rights and duties ✓ prescription/ prescribe/ prescriptive arising from the relationship of the period state and the people. ✓ Basis: good conscience and justice ✓ No sanction Ex. Criminal Law, International Law, Administrative Law, Criminal MORAL OBLIGATION Procedures ✓ No juridical tie Private Law ✓ body of legal rules which ✓ Basis: Good conscience regulates the relations of individuals with one another for Obligation to vote Civil purely private ends. Obligation to return lost things Civil Ex. Obligations and Contracts, Civil Law, Commercial or Duty of husband and wife to love Civil and support each other mercantile law, civil procedure. Duty of Parents to support their Civil child SOURCES Duty of the child to support his Civil parents when in need 1. Constitution 2. Legislation Duty to pray to God Moral 3. Administrative or Executive Order 4. Jurisprudence/ Juridical Decisions Duty to study lessons Moral 5. Customs Duty to pay debt that is condoned Natural Duty to pay taxes Civil GENERAL TYPES OF OBLIGATION Duty to pay debt that is prescribed Natural 1. Civil Obligation Duty to share balato Moral 2. Natural Obligation Duty to pay contractor to build a Civil 3. Moral Obligation house 4. Mixed Obligation - civil + natural Duty to help during typhoon Civil CIVIL OBLIGATION Payment of condoned debt but Civil – obligation that can be demanded/enforce condonement is unknown in courts Voluntary payment of minor Natural ✓ Juridical Ties - binding of parties ✓ sanction Payment by mistake Civil OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 (1) the legal right of the plaintiff, (2) the correlative obligation of the defendant, and CHAPTER 1: GENERAL PROVISIONS (3) the act or omission of the defendant in Definition violation of said legal right. Elements/ Requisites Sources ELEMENTS/ REQUISITES DEFINITION 1. Parties/Subject Art. 1156: An obligation is a juridical necessity to give, to do, or not to do Active Passive ✓Creditor ✓Debtor | Juridical necessity- requires one party ✓Obligee ✓Obligor (compelling reason) - the person who is - the person who is (1) To give entitled to demand bound to the (2) To do the fulfillment of the fulfillment of the (3) To do not do obligation obligation - has the right - has the duty → right to demand Case: Makati Stock exchange vs Miguel V. 2. Object/Prestation Campos – subject matter of the obligation – the determinative conduct ASPECTS OF JURIDICAL RELATION Elements: (to be valid subject matter) Right a. Determinative - specfic Obligation b. Possible Wrong i. Physically ii. Juridically | Justice J.B.L. Reyes definition: c. Equivalent in money - in cases of An obligation is a juridical relation whereby damages a person (called the creditor) may demand from another (called the debtor) the Kinds of obligation according to subject observance of a determinative conduct (the matter: giving, doing or not doing), and in case of REAL To give breach, may demand satisfaction from the obligation assets of the latter. PERSONAL a. Positive - to do | Right - a claim or title to an interest in obligation a. Negative - to do not anything whatsoever that is enforceable by law. 3. Juridical Tie or Legal Tie – efficient cause | Wrong (Cause of action) - an act or – binds or connects the parties to the omission by which a party violates a right of obligation another which must include  OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 – can be determine by knowing the source of the obligation SOURCES CHAPTER 2: NATURE AND EFFECT IF OBLIGATIONS Classification of sources: (1) Law Rights and Duties of the Parties (2) Private acts ★ To give → specific and determinate thing vs generic and indeterminate thing Licit Acts Contracts and Quasi- ★ To do or not to do Contracts Performance of Obligations Illicit Acts Punishable in case of delicts Breaches of Obligations or crimes Remedies available in case of Not punishable in the case of breach Quasi-delicts or Torts Admissibility of Obligations Art. 1157: Obligations arise from: SPECIFIC AND DETERMINATE THING VS. Laws When they are imposed by law GENERIC AND INDETERMINATE THING itself Contracts When they arise from the A. AS TO NATURE stipulation of the parties SPECIFIC ART. 1460, NCC /DETERMINATE Particularly designated or Quasi When they arise from lawful, physically segregated Contracts voluntary, and unilateral acts from all others of the same which are enforceable to the end class. that no one shall be unjustly ✓ Identified by enriched or benefited at the individuality expense of another GENERIC Object is designated only Acts or When they arise from civil liability /INDETERMINATE by its class/ genus/ Omissions which is the consequence of a punishable criminal offense species. by law LIMITED When generic objects are Quasi-delicts When they arise from damage GENERIC confined to a particular / torts cause to another through act or class. omission, there being fault or negligence but no contractual relationship exist between B. AS TO SUBSTITUTION parties. SPECIFIC Cannot be substituted /DETERMINATE against the obligee's / creditor's will.  OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 GENERIC Can be substituted by /INDETERMINATE any of the same class and | Factors to be considered: in choosing the same kind. standard of care to apply ✓ Nature of obligation LIMITED Can be substituted by GENERIC ✓ Circumstances of the: any of the same particular (a) Person class. (b) Time (c) Place RIGHTS AND DUTIES OF THE PARTIES DUTIES OF THE RIGHTS OF THE | OBLIGATIONS TO GIVE A SPECIFIC DEBTOR/OBLIGOR CREDITOR/OBLIGEE THING: (PDtfaaD) Art. 1165, NCC Art. 1165, NCC DUTIES OF THE RIGHTS OF THE To deliver the thing To compel delivery. DEBTOR/OBLIGOR CREDITOR/OBLIGEE itself. Art. 1163, NCC Art. 1244 NCC Art. 1164, NCC Art. 1164, NCC To preserve or take Not to be compelled to To deliver the fruits To the fruits from the care of the thing due receive a different one, of the thing. time the obligation to with the proper although of the same deliver arises. diligence of a good value as, or more father of a family. valuable than that Art. 1166, NCC Art. 1166, NCC which is due. To deliver its To the accessions and accessions and accessories, even if accessories. not mentioned. | “Diligence of a good father of a family” → "Ordinary Diligence" "Bonum pater familia" Art. 1170, NCC Arts. 1165 and 1170, – that care which an average person or a To pay damages in NCC reasonably prudent person exercises over case of breach. To recover damages his own property. in case of breach, exclusive or in Exceptions: (slight and extraordinary addition to specific diligence) performance. A. Standard care prescribed by Law (usually extraordinary care is prescribed) B. Stipulation by the parties ART. 1164. The creditor has a right to the fruits of the thing from the time the Q. Can the parties agree that there will obligation to deliver it arises. However, he be no “care” at all? shall acquire no real right over it until the same has been delivered to him. A. No, if there is no standard of care then there will be no damages entitled to the creditor in case of loss or broken of the specific thing. OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 Different kinds of fruits: (NIC) ex. Natural - Spontaneous product of: (1) soil and (2) young Principal thing: Land - other products produced of Accession: Parking animals Accessory: Painting and Gazebo Industrial - Produced by lands of any Principal thing: Car kind (1) cultivation (2) labor Accession: Wheel, Seat Cover Civil - derived by virtue of a Accessory: Rosary, Spoiler, Wax, Decals juridical relation Note: To differentiate accession and accessory is to look for their purpose: Q: When does the obligation to a. Accession – improvement (adds deliver fruits arise? value) General rule: Perfection of the contract b. Accessory – embellishment, better - birth of contract/ meeting of the minds use, or even preservation between parties Q. Can the land itself be an accession? ART. 1166. The obligation to give a determinate thing includes that of delivering Ans. Yes. all its accessions and accessories, even Distinguish between: though they may not have been mentioned. (1) Avulsion - (biglaan) the sudden separation of land from one | Accessions property and its attachment to Art. 440, NCC another, especially by flooding or a – Everything which is produced by a thing, change in the course of a river. or which is incorporated or attached → still owned by the original owner thereto, either naturally or artificially. (2) Aluvium - (gradual) loose clay, silt, sand, or gravel that has been → For improvements. deposited by running water in a ❖ Accession discreta → internal stream bed, on a floodplain, in an (Fruits) alluvial fan or beach, or in similar ❖ Accession continua → external force settings. (avulsion, aluvium) → owned by the receiver of the soil | Accessories – Things designed for the (1) embellishment, (2) better use, or (3) preservation of another thing of more importance.  OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 | OBLIGATIONS TO DO: (DSUD) RIGHTS AND DUTIES OF THE PARTIES DUTIES OF THE RIGHTS OF THE DEBTOR/OBLIGOR CREDITOR/OBLIGEE | OBLIGATIONS TO GIVE A GENERIC THING: (PDCiD) To do it. To shoulder To have the the cost of execution obligation executed should he fail to do it. at the cost of the DUTIES OF THE RIGHTS OF THE DEBTOR/OBLIGOR CREDITOR/OBLIGEE To undo what has debtor. Art. 1167, been poorly done. NCC To preserve or take Not to be compelled to Art. 1167, NCC care of the thing due receive a different one, To pay damages in To recover damages with the proper although of the same case of breach. Art. in case of breach. diligence of a good value as, or more 1170, NCC Art. 1170, NCC father of a family. valuable than that Art. 1163, NCC which is due. Art. 1244 NCC Q: Can a debtor be compelled To deliver a thing of the To ask that the to perform an obligation to do? quality intended by the obligation be complied No. The 1987 Constitution parties taking into with. Art. 1165, NCC prohibits involuntary consideration the servitude/service. purpose of the obligation and other Note: to give and not to do; can circumstances. Art. be compelled. 1246, NCC Creditor cannot To ask that the | OBLIGATIONS NOT TO DO: (NSD) demand a thing of obligation be complied superior quality; with by a third person DUTIES OF THE RIGHTS OF THE neither can the debtor at the expense of the DEBTOR/OBLIGOR CREDITOR/OBLIGEE deliver a thing of inferior debtor. Art. Not to do what To ask to undo what quality. 1165, NCC should not be done. should not be done, To pay damages in To recover damages in To shoulder the at the debtor's case of breach. Art. case of breach. Art. cost of undoing expense. Art. 1168, 1170,NCC 1165, NCC what should not NCC have been done Art. 1168, NCC To pay damages in To recover case of breach. Art. damages, where it 1170, NCC would be physically or legally impossible to undo what should not have been done, OBLICON Sy, Reese Nichole F. B.A POLIT SCI 4 because of: 1. the nature of the act itself; 2. rights acquired by third persons who get in good faith; 3. when the effects are of an definite in character even if the thing –