INTRODUCTION To LAW THE GENERAL NATURE OF LAW Meaning of law in general, In its widest and most comprehensive sense, the term law means any rule of action or any system of uniformity. Thus, law, in general, determines not only the activities of men as rational beings but also the movements or motions of all objects of creation, whether animate or inanimate. General divisions of law. Law, as above defined, may be divided into two (2) general groups: (1) Law (in the strict legal sense) which is promulgated and enforced by the state; and (2) Law (in the non-legal sense) which is not promulgated and enforced by the state. The first refers to what is known as the state law while the second includes divine law, natural law, moral law, and physical law. (see M.J. Gamboa, Introduction to Philippine Law, 6th ed., p. 3.) Subjects of law. yState law, divine law, natural law, and moral law are comprised in the definition of law as a rule of action. They apply to men as rational beings only. On the other hand, physical law operates on all things, including men, without regard to the Tatter’s use of their will power and intelligence. It is called law-™an knows in his heart _butby the dictates of hig 2 THE LAW ON OBLIGATIONS AND CONTRACT Before proceeding with the discussion of state first dispose of those laws with which the state is not direc concerned, Divine law. Divine law is the law of religion and faith which concerns itself with the concept of sin (as contrasted with crime) and salvation. (1) Source. — It is formally promulgated by God and revealed or divulged to mankind by means of direct revelation {a) Under the Old Testament, divine law is embodied in the Ten Commandments. It is believed by Christians that these laws were formally given by God through Moses, the great Hebrew prophet and leader. (see C. Pascual, Legal ~ Method, 2nd ed., pp. 7-8.) ; {b) Of course, divine law differs according to what one believes to have been established and communicated to mankind by revelation. Thus, to the Mohammedans, divine law is embodied in the Muslim Quoran. (2) Sanction. — The sanction of divine law lies in the assurance of certain rewards and punishments in the present life or in the life to come. (Clark, Elementary Law, p. 5.) Natural law. ___ Natural law may then be defined as the divine inspiration y man of the sense of justice, fairness, and righteousness, not divine revelation or formal promulgation, but by internal of reason alone. vey is force. — Natural law is ever present and hae ll men ‘abides and at all times. There is in every f fanding of right and wrong based on an aiee the fundamental standard or eslecion of good * words, there are some acts or conduct which and his conscience, not by theorizing, moral nature, are simply good or bad or| INTRODUCTION TO LAW * Thus, we know that killin, I for the sake of stealing is ba what we believe is just, fair o) 8 for the sake of killing or stealing d or evil because it is contrary to e bel r righteous. When we speak of this inward instinct of justice, fairness and righteousness in man as _ divinely inspired by the dictates of his higher nature, we are —* talking about natural law or the law of nature. (see C. Pascual, } = The Nature and Elements of the Law, 1954 ed., pp. 9-10.) (2) Compared to divine law. — While natural law and divine laware very similar, they are not, however, the same. Divine law, as the law of religious faith, is made known to man by means of direct revelation. On the other hand, natural law is said to be impressed in man as the core of his higher self at the very moment of being or, perhaps, even before that. (see C. Pascual, Legal Method, 2nd ed., p. 111.) (3) Place in state law. — Natural law has been regarded as ___ the reasonable basis of state law. Moral law. When we talk of moral law, we are speaking of the totality of ~ _ thenorms of good and right conduct growing out of the collective sense of right and wrong of every community. — (1) Determination of what is right and~wrong. — “At a comparatively early stage of their existence human beings learned that it was good for the welfare of the group that the __ Privilege to determine what is right and what is wrong was not ~~ left to each member of the group. The mores or ways of life were then evolved which were always considered right and correct, "and obedience to them was demanded by the group. Sanction. — As distinguished from state law, there is Sing legal sanction (punishment imipeed 57 law like imprisonment and/or payment of fines or damages) for violation = of purely moral law. “If a member of the community disregards = the moral norms, a spontaneous social reaction is produced in the form of public displeasure, contempt or even loalenaiiie If on the other hand, there is ee to ait a Wet — is created spontaneous social response w! =SHELAW ON OBLIGATIONS AND CONTR: 5 al or even joy.” (see C. I of public pleasure, approv™ y Nera and Elements of Law, 1954 ed., p. 16.) (3) Binding force. — Moral law is not absolute. with the changing times, conditions or convictions of the For example, polygamy is considered immoral (it is also a inthe Philippines, whereas, it is allowed in some par world. Today’s fashions in women’s dress are socially allowe, butat different times, they would have been morally c tarred (4) Place in state-law. — Moral law, to a great extent influences or shapes state law. Physical law. [= “In the operation or course of nature, thi of actions and orders of sequence Se phenomena that we sense and feel. They are known : Eo ysical of physical science or physical law.” (Ibid., p. 19.) Unde (1) Order or regularity in nature. — I Science, being addressed to objects which ae Sables ___ disobey, is in reality nothing more than an ee innatire by which certain results follow certein cavsox (eae Law, p. 34.) low certain causes. (Clark, 2) Called taw ont ; ly by analogy. — order or regularity is ee In other words, this Cs Physical law are many. The mo ly by analogy. “Examples of r Btavitation and the law of aoe ones are the law Pascual, i Ind ed, ae combination.” (see C State law, The kind of in this law, however, whi by the st aw = ee Particularly concerns us State, — law that is promulgated and Q) Othe nical lay, eer Hed. — M ces also called positive law, s law, It is the law that we n with obligations and Of justice, the conduct of Process itself.action, only state law is enforced by the state, with the aid of its physical force, if necessary. 3) Concern of state law. — The fields of state law are dif- ferent from those of divine law, natural law, and moral law. State law does not concern itself with violations of the latter tules of action unless they also constitute violations of its com- mands. A full examination of divine law properly belongs to the fields of philosophical theology; of natural law, to metaphysics; of moral law, to ethics; arid of physical law, to physical science or physics. (MJ. Gamboa, op. cit., p. 5.) Leaving aside these topics, we proceed now with the consideration of state law. INTRODUCTION 10 LAW (2) Binding force. — As a rule of } i Concepts of (state) law. The term Jaw may be understood in two (2) concepts: in the general or abstract sense, and in the specific or material sense. _ (1) _Inits general sense, the term refers to all the laws taken together. It may be defined as “the mass of obligatory rules established for the purpose of governing the relations of persons in society.” (see A. Tolentino, Civil Code of the Philippines, 1953° ed., Vol. 1, p. 1.) Examples of the use of law in this sense are: “law of the land,” “rule of law and not of men,” “equality before the | law,” “enforcement of the law,” etc. = (2) Inits specific sense, the term has been defined as “a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.” (I Sanchez Roman 3.) It has this second connotation when we refer to a particular statute or legal rule, e.g., the law on obligations and contracts. nae Py Characteristics of law. The characteristics of law (in its specific sense) are: (1) It isa rule of conduct. — Law tells us what shall be done and what shall not be done. As a rule of human conduct, law takes cognizance of external acts only;THE LAW ON OBLIGATIONS AND CONTRACTS (2) It is obligatory, — Law is considered a positive cor mand imposing a duty to obey and involving a sanction which forces obedience; (3) It is promulgated by legitimate authority In a democratic country, like the Philippines, the legitimate or competent authority is the legislature. Under the Constitution, laws called “statutes” are enacted by Congress which is the name of the legislative branch of our government; local government units are also empowered to enact ordinances which have the binding force of laws; and (4) itis of common observance and benefit. — Law is intended by man to serve man. It regulates the relations of men to maintain harmony in society and to make order and co-existence possible. Law must, therefore, be observed by all for the benefit of all. % Necessity and functions of law. (1) What would life be without law? If we can answer this question, we can answer the more basic question of whether law is necessary. If life without law would be the same as it is now, obviously law is not necessary. Society comes into existence because its members could not live without it. The need for internal order is as constant as the need for external defense, No society can be stable in which either of these requirements fails to be provided for. (see F. Pollack, A First Book on Jurisprudence, 5th ed., p. 6.) ss (2) What does law do? It has been said that law secures Justice, resolves social conflict, orders society, protects interests, controls social relations. Life without basi i 0 ns. asic laws against theft, violence, and destruction would be solitary, nasty, Erutish aa ws such as those regulating traffic, be ius orderly, less healthful, less and Summers, L; ions, 965 ed as ant aw, Its Functions, 3) What is ian continue sonny members of society? No Society can means of social control, wi |, withoutan INTRODUCTION TO LAW z “tules of social order binding on its members. The sum of such tules as existing in a given society, under whatever particular forms, is what, in common speech, We understand by law or is also referred to as the legal system. Since we find law hecessary, every citizen should have some understanding of law and observe it for the common good. Sources of law. The Principal sources of law in the Philippines are the Constitution, legislation, administrative rules and regulations, judicial decisions, and customs. (1) Constitution. — With Particular reference to the Consti- tution of the Philippines, it may be defined as “the written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers. are distributed among the Several departments for their safe and useful exercise for the benefit of the people.” (see Malcolm & Laurel, Phil. Constitutional Law, 1936 ed., p. 6.) It is often referred to as the ieee ie oer law or highest law of the land because it is promulgated by the people themselves, binding on all individual citizens and all agencies of the government. It is the law to which all other laws enacted by the legislature (as well as administrative or executive acts, orders and regulations having the force of law) must conform. “This means that laws which are declared by the courts to be inconsistent with the Constitution shall be void and the latter shall govern. (see Art. 7, Civil Code.) — (2) Legislation. — It consists in the declaration of legal rules by a competent authority. (Salmond, Jurisprudence, 9th ed., p. 209.) It is the preponderant source of law in the Philippines. Acts passed by the legislature are so-called enacted law or statute law. Legislation includes ordinances enacted by local governments units. : is i it lations, ani Administrative or executive orders, _regul , rulin, - — They are those issued by administrative officials arder legislative authority. Administrative rules and regulations maT) =, Hy Hi} yy) SSv7 a ee wy AW THE LAW ON OBLIGATIONS AND CONTRACTS are intend clarify or explain the law and carry into effect jt i led to clarify p! i al provisions. Administrative acts are valid only when the gener: isions. are not contrary to the laws and the Constitution. (Art. 7, Civi] Rae (4) Judicial decisions or jurisprudence. — The decisions of the courts, particularly the Supreme Court, applying or interpreting the laws or the Constitution form part of the legal system of the Philippines. (Art. 8, Ibid.) The decisions of a superior court on a point of law are binding on all subordinate courts. This is called the doctrine of precedent or stare decisis. The Supreme Court, however, may reverse or modify any of its previous rulings. Until then, the decisions of the Supreme Court applying or interpreting the laws or the Constitution are “laws” by their own right because they declare what the laws say or mean. Unlike rulings of the lower courts, which bind the Parties to specific cases alone, its judgments are applied to all (Phil. Veterans Affairs Office vs. Segundo, 164 SCRA 365.) (5) Custom. — “It consists of those habits and Practices which through long and uninterrupted usage have become acknowledged and approved by soci conduct.” It has the force of law when re, by the state. (MJ. Gamboa, op. ci contract for services rendered whe: stipulated, the compensation to be customs and usages of the place. °*A custom must be Proved as a fact according to the of evidence. (infra,) (Att-12, Civil Code.) It may 2 Sat tt, p. 15.) For instance, in a Te no definite compensation is Paid may be ascertained from See Smith vs.Lopez, 5 Phil. 78.) (6) ‘ of hoe me = lo the above may be added princ textwriters, and religion They ae, ereiBa tribunal ae resorted to by ti the other (hi, pp. tag THEY ate, how iples 'S, Opinions ofINTRODUCTION TOLAW 5 Rule in case of doubt in interpretation or application of laws, 4 gment by reason of the silence, obscurity or peeecency of the laws.” (Art. 9, Civil Code.)"In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended tight and justice to prevail.” (Art. 10, Ibid.) In our country, courts are not only courts of law but also of justice. Faced with a choice between a decision that will Serve justice and another that will deny it because of a too strict interpretation of the law, courts must resolve in favor of the former, for the ultimate end of the law is justice. (Pangan vs. Court of Appeals, 166 SCRA 375.) This is particularly true where what is at stake is the life, liberty, or property of an individual, and more so if he is poor or disadvantaged, % Organs of social control. Law is not an end in itself. It may be viewed as a means of Social control — the control of social behavior that affects others. (Howards and Summers, op. cit., p.38.) In modern pluralistic societies, there are many organs of Social control. For instance, in the Philippines, in addition to legal institutions — national and local — there are churches, corporations, political parties, trade associations, schools, labor unions, professional organizations, social clubs, families, and host of others. Such organizations, through rules, regulations and orders, control some of the behavior of their members. Law compared with other means of social control. ic di between social control The fe several basic differences : Pibcsiilew aad control through other methods, to wit: are made and administered by the only eee’ te aociohy authorized to act in behalf of the entire citizenry. Churches, for example, act only for their members; yr ae Hy S if :THE LAW ON OBLIGATIONS AND CONTRACTS gal institutions within the society can make ers with which the entire citizenry r Jations and orders w entire rym rules, Fre rules, etc, of social and economic organizations, for comply. ‘Sy v6 example, govern only limited numbers; i ation can ordina: People associated with an organiz a . Ss thle relationship and thereby free th ‘tea i i i Citizens of a state, however, impact of its rules and regulations. ” 7 caunot do this unless they choose to leave the geographical are in which the state is sovereign; (4) The sanctions or techniques of control through law are more varied and complex than the techniques available to organizations such as churches, labor unions, and political parties. Expulsion is usually. the most. powerful technique available to such organizations to secure compliance with their tules, etc. For the employee, it is the loss of his job. (2) Only the le ust Aside from imprisonment and deportation, there are many other sanctions available to the law, including denial or revocation of license, confiscation of property, imposition of civil liability for certain kind of conduct, dissolution of organizations, and denial of privileges. A sanction is remedial if the object is the indemnification of the person who has suffered-damages or injury from a violation of law, and penal if the object is the i it of the violator; and (5) Before the law “operates” against an individual, various procedural steps are required. Thus, the individual must ordinarily be given’a hearing and a fair opportunity to show why he should not, for example, be ordered to Pay money toa claimant, or be deprived of his liberty. S 5 liberty. Such steps ai y eferred to as “due process” of law. - ee Organs of social control other than ap fence mu 0 comply with such procedures in individu: 2 . 4 coe A eee a except when their rules provide those provided by law Organization of Courts, Under the decide actual ca: ia: rape ae en the judicial power or the Power to Toversies involving the interpretationINTRODUCTION TO LAW u and application of laws, is “vested in one Supreme Court and in such lower courts as may be established by laws.” (Art. VIII, Sec. 1 thereof.) The judiciary, composed of the courts, is one of the three (3) main divisions of power in our system of government. (1) Regular courts. — The Philippine judicial system consists of a hierarchy of courts resembling a pyramid with the Supreme Court at the apex. Under-present legislation, the other courts are: (a) one Court of Appeals, (b) Regional Trial Courts sitting in the different provinces and cities, and (c) Metropolitan Trial Courts in Metropolitan areas established by law; Municipal Trial Courts in cities not forming part of a metropolitan area, and in municipalities; and Municipal Circuit Trial Courts in areas defined as municipal circuits. Circuit courts exercise jurisdiction over two (2) or more cities and/or municipalities. - The Supreme Court;the Court of Appeals, and the Regional Trial Courts are considered courts of general or superior jurisdiction. (2) Special courts. — Aside from these courts, there is, under the Constitution, a special anti-graft court, the Sandiganbayan. (Art. XI, Sec. 4 thereof.) It forms part of the judicial hierarchy together with the Court of Tax Appeals, a special tax court created by law, on the same level as the Court of Appeals. (3) Quasi-judicial agencies. — Adm istrative bodies under the executive branch performing quasi-judicial functions, like the National Labor Relations Commission, the Securities and Exchange Commission, Land Transportation Franchising, and Regulatory Board, Insurance Commission, etc., and the ‘Constitutional Commissions (Civil Service Commission on Elections and Commission on part of the integrated judicial system. are described as “quasi-judicial” because t or adjudication of controversies independent Commission, Audit) do not form Their functions they also involve the settlemen’ or disputes. = SsTHE LAW ON OBLIGATIONS AND CONTRACTS R Classifications of law. ifying law are many. For our pur. mt Se enaliit the main classifications of law, s, it woul 5 first, as to its purpose, and second, as to its nature. (1) As to its purpose: (a) Substantive law or that portion of the body of law creat rights and duties which maj ra eee meatier An example of ieartice private law is the law on obligations and contracts; and jective law or that portion of the body of law Ss eae i by which rights may ee eeerinnoasedsmet Sometimes this is called remedial law or procedural law. The provision of law which says that actions for the recovery of real property shall be filed with the Regional Trial Court of the region where the property or any part thereof lies, is an example of private adjective law. Rights and duties are useless unless they can be enforced. Itis not enough, therefore, that the state regulates the rights and duties of all who are subject to the law; it must also provide legal temedies by which substantive L be f the need for adjective eantive law may be administered. Hence, The adjective law in the Philippines i 5; ippines is governed by the Rules of Court promulgated by the Supreme Court and by special laws. (2) As to.its subject matter: _tegultes henge he -body of legal rules which wiepe uties arising from the relationship le of public law is criminal law, the law which "y, when a oe eir punishment. In legal SA » he violates not only victim but Primarily that of the © Peace and order of thei INTRODUCTION TO LAW B Also included are: international law ot that law which governs the relations among nati 7 Constitutional taw or that which governs the relations between the state and its citizens; it establishes the fundamental powers of the government; administrative | i 7 aeministrative law or that which governs the methods by which the functions of administrative authorities are to be performed; and criminal procedure or that branch of private law which iecoadhe meade trial and punishment in criminal cases; and oe (©) Private law or the body of rules which regulates the- relations of individuals with one another for purely private ends, The law on obligations and contracts comes under this heading because it deals with the rights and obligations of the contracting parties only. The state, however, is also involved in private law; it enforces private law but simply as an arbiter and not as a party. (see M.J. Gamboa, op. cit., p. 98.) Included in private law are civil law, commercial or mercantile law, and civil procedure. Civil procedure is that branch of private law which provides for the means by which private rights may be enforced. Law on obligations and contracts defined. “The law of obligations and contracts is the body of rules which deals with the nature and sources of obligations and the tights and duties arising from agreements and the particular contracts.” (Ibid.; see Art. 1307.) Civil Code of the Philippines. x The law on obligations and contracts is found in Republic | ActNo. 386, otherwise known as the Civil Code of the Philippines. | en we speak of civil law, we refer to the law found primarily a our Civil Code. ivil Code of the Philippines is based mainly on . ee cance Bn which took effect in the Philippines onTHE LAW ON OBLIGATIONS AND CONTRACTS Dece: i It was approved |. (Mijares'vs. Neri, 3 Phil. 196.) — Republic fe 386 on June 18, 1949 and took effect on ‘August 30 1950. (Lara vs. Del Rosario, 94 Phil. 778.) ; It is divided into four (4) books. Civil Code provisions on obligations and contracts. Book IV of the Civil Code deals with obligations and contracts. The general provisions on obligations are-contained in Title I, Articles 1156-1304, while those on contracts, in Title II, Articles 1305-1422. The general rules of law governing contracts are also applicable to the particular kinds of contracts (like sale, agency, partnership, barter, etc.) in addition to the special provisions of law governing each type of contract. Book IV also contains new provisions dealing with natural obligations which are found in Title III, Articles 1423-1430, Conclusive presumption of knowledge of law. Ignorance of law excuses no one from compliance therewith. » (Art. 3, Civil Code.) “Everyone, therefore, is conclusively presumed to know the law.” This Presumption is far from Teality but it has been established because of the obligatory force of law, The followin, Teasons_ hi ‘ prestimption: 8 fave been advanced for this : binding until the are known, then Social life wil] be impossible, ec Saag eir being unknown to many; st impossible to pro ance ofthe las Prove the contrary when a to absolve those F who do not on Bations of those who know it i = : : ath eae Seas We carry norms of tight and w; ense ’ So that our reason indicates Many times reeINTRODUCTION TO LAW 15 we have to do and in more complicated juridical relations, there are lawyers who should be consulted (A. Tolentino, op. cit., Pp- 18-19.); and (5) “Evasion of the law would be facilitated and the administration of justice would be defeated if persons could successfully plead ignorance of the law to escape the legal consequences of their acts, or to excuse non-performance of their legal duties. The rule, therefore, is dictated not only by expediency but also by necessity.” (Ibid., p. 7; Zulueta vs. Zulueta, 1 Phil. 254.) Thus, ignorance of the provisions of the’ law imposing a penalty for illegal: possession of firearms, or punishing the ion of prohibited drugs, does not constitute a valid excuse for their violation. 000 — LUI EE e118 8) BEE LT es