Necessity and Functions

"What would life be without law?"

Life without law would be chaotic—“solitary, nasty, brutish, and short.”

"What does law do?"

Law "secures justice, resolves social conflict, orders society, protects interests, controls social relations."

"What is our duty as members of society?"

Citizens must understand and observe law as it’s essential to social control and order.

Rule in Case of Doubt in Law Interpretation

• According to Articles 9 and 10 of the Civil Code, judges must not refuse to decide due to lack of clarity in law.

• If there's doubt in interpretation, "it is presumed that the lawmaking body intended right and justice to prevail."

• Courts must prioritize justice, especially when life, liberty, or property is at stake, and more so for the poor or disadvantaged

Organs of Social Control

• Law helps control social behavior that affects others

• In societies like the Philippines, other forms of social control include churches, corporations, political parties, schools, etc., which also regulate members' behavior through rules.

Law vs. Other Social Controls

1. Laws apply to all citizens, made by institutions representing the whole society.

2. Organizations (e.g., churches) control only their members.

3. You can leave organizations, but not your state without leaving its territory.

4. Legal sanctions include imprisonment, fines, revocation of licenses, etc., unlike limited sanctions (like expulsion) in organizations.

5. Law requires due process—a fair hearing—before acting against someone. Other organizations often don’t, unless their rules say so.

Classifications of Law

1. By purpose: Substantive law and Adjective law

2. By subject matter: Public law and Private law

Law on Obligations and Contracts

• Defined as the law covering the nature, sources, rights, and duties from agreements (Art. 1307).

• Found in Book IV of the Civil Code (RA 386), which was based on the Spanish Civil Code and became effective in 1950.

Conclusive Presumption of Knowledge of the Law

• "Ignorance of the law excuses no one" (Art. 3, Civil Code). • Everyone is presumed to know the law, even if unrealistic.

• This is to:

1. Maintain social order.

2. Avoid excuses that are hard to disprove.

3. Ensure fairness.

4. Follow our inner sense of right and wrong.

5. Prevent people from avoiding punishment by claiming ignorance

It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something-- and this may consist in giving a thing, doing a certain act, or not doing a certain act.

(a)  

Obligation is a (a)   necessity because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment

ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do.
Article 1156 says that an obligation is something a person must legally do, whether they like it or not. It may be:

• To give something (like money or an item)

• To do something (like perform a service)

• Not to do something (like avoid breaking a contract)

Because it is a juridical necessity, the law will enforce it. If the person (called the debtor or obligor) fails to do their duty, they may have to pay damages — money to make up for the harm caused to the other person (called the creditor or obligee).

If obligations weren’t legally binding, people could just ignore them without consequences — and that would be unfair. However, not all obligations are enforceable — only those recognized by law.

There are two kinds of obligations under the Civil Code:

1. Civil obligations – These are recognized by law. If someone doesn’t do their duty, the other person (creditor) can go to court to make them do it or pay damages.

2. Natural obligations – These are based on fairness or moral duty, not strictly on law. You can’t force the person to do it through court. But if they choose to fulfill it (like paying a debt that has already prescribed), they cannot take it back.

The form of an obligation means how it is made — whether it is:

• Spoken (oral), Written, Or both

Key points: In general, the law does not require a specific form (written or oral) for an obligation to be valid. Even an oral agreement can be binding. For obligations that come from other sources (like law, delicts, etc.), no form is required at all.

For a legal wrong or injury to exist, three things must happen:

1. Someone has a legal right (like the right to receive payment or services).

2. Another person has a legal duty to respect that right (like the duty to pay or perform).

3. That second person violates the right (by not doing what they were supposed to), causing harm or damage.

A legal obligation always comes with a matching right — if one person is required to do something, someone else has the right to expect it. A cause of action (the reason to sue) only happens when the right is violated.

refers to the manner in which an obligation is manifested or incurred. It may be oral, or in writing or partly oral and partly in writing

(a)  

is the act or performance which the law will enforce.

(a)  

the power which a person has under the law, to demand from another any prestation.

(a)  

A (a)   (cause of action), according to its legal meaning, is an act or omission of one party in violation of the legal right or rights (i.e.,recognized by law) of another. In law, the term injury is also used to refer to the wrongful violation of the legal right of another.

ART. 1157. Obligations arise from:

(1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasl-delicts. (1089а)

Obligations arise from five sources — meaning, there are five ways a person can become legally required to do something:

1. 1. Law – When the law itself says you must do something.
   Example: Paying taxes.

2. 2. Contracts – When two people agree to something.
   Example: You promise to build a house, I promise to pay.

3. 3. Quasi-contracts – When one benefits from another without a formal agreement, but is still legally required to return or pay.
   Example: You accidentally receive money not meant for you — you must return it.

4. 4. Acts or omissions punished by law – These are crimes.
   Example: If you steal, you may have to return what you stole and pay damages.

5. 5. Quasi-delicts – When someone causes harm to another through fault or negligence, even if there was no contract.
   Example: You crash into someone’s car by accident — you must pay for the damage.

ART. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.

This means: You can’t assume someone has a legal obligation unless the law clearly says so.

Only obligations that are specifically written in the Civil Code or other special laws can be demanded or enforced.

Example: An employer has no obligation to furnish free legal assistance to his employees because no law requires this.
Example: A private school has no legal obligation to provide clothing allowance to its teachers because there is no law which imposes this obligation upon schools.

ART. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a)

Meaning: When two people enter into a contract, the obligation becomes like a law between them — meaning, they must follow it. They should fulfill their promises honestly and sincerely (this is what "in good faith" means).

is a meeting of minds between two (2) (or more) persons whereby one binds himself, with respect to the other, to give something or to render some service.

(a)  

Contractual obligations.

They are duties that come from a contract — a voluntary agreement between two or more people.
Example: One agrees to build a house, the other agrees to pay.

Binding force.

A valid contract is as strong as a law between the parties.
But a contract is not higher than the law — it must still follow legal rules.

Requirement of a valid contract.

A contract is valid if:

• It has all the required elements (like consent, object, and cause),

• And it does not go against the law, morals, public order, or public policy.

If it violates any of these, the contract is void (like it doesn’t exist) — so no obligation is created.

Some contracts may be valid but not enforceable in court. These are called unenforceable contracts (like contracts that must be in writing under Article 1403, but aren’t).

Breach of contract.

If one party fails or refuses to do what they promised without a valid reason, it’s called a breach of contract.
This gives the other party the right to ask for enforcement or claim damages.

Compliance in ____ _____ means compliance or performance in accordance with the stipulations or terms of the contract or agreement. Sincerity and honesty must be observed to prevent one party from taking unfair advantage over the other.

(a)  

ART. 1160. Obligations derived from quasicontracts shall be subject to the provisions of Chapter 1, Title XVII of this Book.

Meaning: Quasi-contracts are obligations that arise even without an agreement, because fairness or justice requires one person to return a benefit they received.

Example: You accidentally paid someone ₱1,000, thinking you owed them — but you didn’t. That person is legally required to return the money, even though there was no contract. That’s a quasi-contract.

Negotiorum Gestio - Helping without being asked

Happens when: Someone voluntarily takes care of another person's property or business without permission, but for that person’s benefit.

Solutio Indebiti - Paying by mistake

Happens when: Someone receives something (usually money) that they don’t have a right to, and the giver gave it by mistake.

is that juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another.

(a)  

Kind of quasi-contract.
__________ ______ is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Example: While X was away in Baguio, his neighbor Y saved his house from a nearby fire and spent money doing so. Even though X didn't ask for help, he must reimburse Y for the expenses because of n********* g***** — a quasi-contract where someone manages another’s affairs for their benefit.

(a)  

Kind of quasi-contract.
_______ ________ is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. (Art. 2154.) It is based on the principle that no one shall enrich himself unjustly at the expense of another.

The requisites are: (a) There is no right to receive the thing delivered; (b) The thing was delivered through mistake.

Example: If D pays the wrong person (T) by mistake, or pays more than what is owed to C, the person who received the money (T or C) must return it. This is s****** i******* — when something is given by mistake and the receiver has no right to keep it.

(a)  

ART. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provislons of Chapter 2, Preliminary Title, on Human Relatlons, and of Title XVIIl of this Book, regulating damages.

Meaning: When a crime is committed, it can create not just criminal liability, but also a civil obligation — meaning, the person who committed the crime may have to pay damages or compensate the victim.

Scope of civil liability.

When someone commits a crime, they may also be required to compensate the victim. This is called civil liability, and it includes:

1. 1. Restitution – returning what was taken.

2. 2. Reparation – paying for damage caused.

3. 3. Indemnification – paying for other losses the victim suffered because of the crime.

ART. 1162. Obligations derived from quasidelicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. (1093а)

Meaning: If someone causes damage to another person because of fault or negligence (even if they didn’t break a contract), the law may still require them to pay for the harm they caused. This type of obligation is called a quasi-delict (or "culpa aquiliana").

Requisites of quasi-delict.

Before a person can be held liable for quasi-delict, the following requisites must be present:

(1) There must be an act or omission;

(2) There must be fault or negligence;

(3) There must be damage caused;

(4) There must be a direct relation or connection of cause and effect between the act or omission and the damage; and

(5) There is no pre-existing contractual relation between the parties.

Difference between crime and quasi-delict

1. Intent or negligence:
   – A crime involves a person doing something wrong on purpose or being criminally careless.
   – A quasi-delict happens when someone is just careless or negligent, not necessarily intending to cause harm.

3. Purpose of the case:
   – In a crime, the goal is to punish the wrongdoer (like jail or fines).
   – In a quasi-delict, the goal is to compensate or pay the victim for the damage.

5. Who is affected:
   – A crime affects society or the public because it breaks the law.
   – A quasi-delict affects a private person who was harmed.

7. Kinds of liability:
   – A crime usually brings both criminal and civil consequences.
   – A quasi-delict only involves civil responsibility (no jail, just payment for damages).

9. Settlement:
   – A crime usually cannot be settled between the people involved; the government is involved.
   – A quasi-delict can be settled or compromised, like any civil matter.

11. Level of proof needed:
    – In a criminal case, the wrong must be proven beyond reasonable doubt (very strong proof).
    – In a quasi-delict, you only need to prove by preponderance of evidence (more likely than not).

is an act or omission by a person (tortfeasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties.

(a)  

Also knows as quasi-delict.

(a)