Introduction to Law: Law on Obligations & Contracts (Module 1) - Flashcards

100 Q&A flashcards covering key concepts from the module: definitions, divisions, sources, the Civil Code (RA 386), and related doctrines.

What is law in general?

A rule of action or system of uniformity that governs human conduct and the movements of objects.

Name the two general divisions of law.

Law in STRICT/LEGAL SENSE (created and enforced by the State) and Law in NON-LEGAL SENSE (not created/enforced by the State, e.g., Divine, Natural, Moral, Physical).

What is Law in STRICT/LEGAL SENSE?

Law created and enforced by the State.

What is Law in NON-LEGAL SENSE?

Law that is not created/enforced by the State, such as Divine, Natural, Moral, and Physical Law.

State Law is also called which terms?

Positive Law, Municipal Law, Civil Law, or Imperative Law.

How is law defined in its specific sense?

A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

What does a 'rule of conduct' in law signify?

It tells us what shall be done and what shall not be done.

What does 'it is obligatory' mean in law?

The law imposes a duty to obey and involves a sanction to enforce obedience.

What does 'promulgated by legitimate authority' mean in the Philippines?

Laws enacted by the Legislature (Congress) and issued by legitimate authorities.

What does 'of common observance and benefit' imply?

Law is intended to be observed by all and to benefit the entire community.

Who is the legitimate authority for lawmaking in the Philippines?

The Legislature, which includes the Senate and the House of Representatives.

What is the general purpose of law?

To regulate actions, secure justice, resolve social conflicts, order society, protect interests, and control social relations.

List the principal sources of law in the Philippines.

Constitution; Legislation (statutes and local ordinances); Administrative orders/regulations; Judicial decisions (jurisprudence); Custom; Other sources (justice/equity, foreign decisions, opinions of text writers, religion).

What is the doctrine of precedent (stare decisis)?

Decisions of the Supreme Court bind all subordinate courts.

What effect do Supreme Court decisions have on subordinate courts?

They are binding through the doctrine of precedent.

Define Custom in law.

Habits and practices that through usage have become binding rules of conduct recognized by society.

When is Custom binding?

When it is recognized and enforced by the state.

When is Custom not binding?

If it is contrary to law, morals, public order, or public policy.

List the 'Other sources' of law beyond the main sources.

Principles of justice and equity, decisions of foreign tribunals, opinions of text writers, and religion.

Are 'Other sources' binding as the primary basis for decisions?

No; they are supplementary and used in the absence of other sources.

What rule applies in case of doubt in interpretation or application of laws?

Presumption that the lawmaking body intended right and justice; courts should favor justice.

What is the Civil Code of the Philippines (RA number)?

Republic Act 386.

When was RA 386 approved?

June 18, 1949.

When did RA 386 take effect?

August 30, 1950.

Which Book of the Civil Code deals with obligations and contracts?

Book IV.

Where are the general provisions on Obligations found in the Civil Code?

Title I (Articles 1156–1304).

Where are the Contracts provisions found?

Title II (Articles 1305–1422).

Where are Natural Obligations located in the Civil Code?

Title III (Articles 1423–1430).

What does the Law on Obligations and Contracts cover?

The nature and sources of obligations and the rights and duties arising from agreements and contracts.

What is Article 3 of the Civil Code?

Ignorance of law excuses no one from compliance therewith.

What is the meaning of 'conclusive presumption of knowledge of law'?

Everyone is conclusively presumed to know the law.

Why is there a presumption of knowledge of the law?

To ensure enforceability, prevent social chaos, and avoid unfairness to those who know the law.

What is a practical example of ignorance of a local ordinance not being a valid excuse?

Mr. A in a city park smoked in violation of a public place smoking ordinance; his lack of knowledge is not a defense.

What does the phrase 'One who has less in life should have more in law' convey?

Injustice should be mitigated for those with less means; law should aid the disadvantaged.

What is the end of the law?

Justice.

What is meant by 'State Law - Concepts' in the notes?

State Law is the law promulgated and enforced by the State.

What are the four main descriptors listed for State Law?

Promulgated by the State; defined as a rule of conduct; obligatory; of common observance and benefit.

What does 'State Law - Characteristics' include?

Rule of conduct; obligatory; promulgated by legitimate authority; of common observance and benefit.

What does 'State Law - Sources' include?

Constitution, Legislation, Administrative/Executive orders, Regulations and Rulings, Custom, Other sources.

What is meant by 'promulgated by legitimate authority' in practice?

Laws enacted by the legislature (Congress) and issued by proper authority.

What is the Doctrine of Precedent (Stare Decisis) in one sentence?

Higher court decisions bind lower courts.

What is the role of Administrative or Executive orders and regulations?

They clarify or implement the law and should not contradict the law or Constitution.

What are the main sources that bind the courts in the Philippines?

Constitution, Legislation, Administrative orders/regulations, Judicial decisions, Custom, Other sources.

Which documents are considered 'statute law'?

Acts passed by the legislature and ordinances enacted by local government units.

What is 'civil law' in the Philippine context?

State law; part of the Civil Code dealing with obligations and contracts.

Where do local ordinances fit in the sources of law?

They are included under Legislation (statute law) at local level.

What is the significance of 'The Constitution' as a source of law?

It is the fundamental or supreme law of the land, binding on all branches and agencies.

What is meant by 'promulgation' in legal terms?

Publication or proclamation of a law by the proper authority.

What is 'positive law' short for?

State-promulgated law (State Law).

What type of law is 'imperative law'?

Law that commands or obligates; synonymous with State Law.

Why must the law be observed by all for the common good?

To regulate relations and maintain harmony in society.

What is the relationship between law and social control?

Law serves as a means of social control to maintain order and cohesion.

Which books and titles cover obligations and contracts?

Book IV; Title I (Obligations), Title II (Contracts), Title III (Natural Obligations) within the Civil Code.

Where are the 'statutory laws' and 'local ordinances' located?

In Legislation, including Acts by the national legislature and ordinances by local government units.

What is an example of a city ordinance used in the notes?

Prohibition of Smoking in Public Places.

What does the phrase 'Ignorance of law excuses no one from compliance therewith' imply for individuals?

Even if you do not know the law, you are still bound to comply.

What is the core purpose of reliable jurisprudence according to the notes?

To interpret and apply the law to achieve justice.

Who authored the notes referenced in the module?

Hector S. De Leon.

What is the significance of 'justice' in interpreting the law?

Courts should decide in favor of justice when strict application would be unjust.

What is 'stare decisis' in Philippine jurisprudence?

The doctrine that precedents of higher courts bind lower courts.

What is the role of the Supreme Court in relation to lower courts?

Its decisions bind all subordinate courts.

Where can you find the general provisions on obligations in Articles?

Articles 1156–1304.

Where can you find the contracts provisions in the Civil Code?

Articles 1305–1422.

Where can you find natural obligations in the Civil Code?

Articles 1423–1430.

What is the 'fundamental law or supreme law' of the land?

The Constitution.

What is 'promotion' in the context of law?

Publication or announcement of a law by proper authority.

What is the effect of a law that is not contrary to the Constitution?

It is valid and enforceable.

What is the 'basic concept' behind the conclusive knowledge presumption?

That everyone is presumed to know the law, though not everyone does.

What are the consequences of a person claiming ignorance of a local ordinance?

Not a valid excuse for violation.

What is the relationship between law and 'public policy' in customs?

Customs contrary to public order or policy are not countenanced.

What are the 'General divisions of law' stated in the module?

State Law (strict/legal) and Law in non-legal sense (divine, natural, moral, physical).

What is the meaning of 'promulgated by legitimate authority' for the law practitioners?

The law is valid because it was properly issued by the authorized body.

What is included under 'Other sources' of law that are supplementary?

Justice and equity, foreign decisions, opinions of text writers, and religion.

What does 'common observance and benefit' attempt to ensure?

That the law serves the entire community and is followed.

What is the significance of 'Article 3' in the Civil Code?

It establishes the conclusive presumption of knowledge of the law.

How are Acts and Ordinances described in legal terms?

Acts are statute law; ordinances are local laws enacted by local government units.

Which year did RA 386 become effective in the Philippines?

1950s (specifically August 30, 1950).

Which 'title' in Book IV covers natural obligations?

Title III.

Which section of the Civil Code is focused on 'Obligations and Contracts' overall?

Book IV.

What does the 'end' of the law imply for citizens?

Duty to observe law for the common good and justice.

What is the purpose of 'administrative orders and regulations' in law?

To clarify and implement the general provisions of the law.

Are religious beliefs considered a binding source of law in the Philippines according to the notes?

They are listed as a supplementary 'Other source' and not binding as a primary basis.

What is one consequence of the doubt in interpreting laws that favors justice?

Courts will choose the interpretation that serves justice, especially in life, liberty, or property matters.

What is the relationship between 'Constitution' and 'legislation' in formulating law?

The Constitution is the supreme law; legislation must comply with it.

What is the meaning of 'positive law' in this context?

Law promulgated and enforced by the State.

What does 'Imperative Law' refer to?

Law that commands and imposes duties; a synonym for State Law.

What is the difference between 'legal' and 'non-legal' senses of law?

Legal sense is state-made law; non-legal includes Divine, Natural, Moral, Physical.

Which authority enacts statutes and ordinances?

The Legislature (Congress) for national laws; local governments for local ordinances.

What is the significance of 'justice' as the ultimate aim of law?

Laws should yield just outcomes and protect the vulnerable.

Where does the Civil Code place obligations and contracts within the structure of law?

In Book IV of the Civil Code.

What is the main topic of Book IV in the Civil Code?

Obligations and Contracts.

What is the impact of 'custom' if it conflicts with the Constitution or laws?

It is void or not countenanced.

How are 'foreign tribunals' treated as sources of law?

They are supplementary and not binding as the fundamental basis.

What is the 'presumption of knowledge' aimed to prevent?

Fraud, inadvertence, and inequity in enforcing rights.

What is RA 386 commonly referred to as?

The Civil Code of the Philippines.

Which part of the Civil Code contains general provisions on obligations?

Articles 1156–1304.

Which part of the Civil Code contains contracts provisions?

Articles 1305–1422.

What does 'Life without law would be nasty and brutish' imply?

Law is essential for order and safety.

Which document is described as the 'fundamental law' of the land?

The Constitution.

What is the effect of adopting 'ignorance of law' as a defense?

It is not a valid excuse for non-compliance.