Constitution – Fundamental Law of the land
1. Legislations
- Passed by Senate and House
of Representatives
2. Administrative issuances – Quasi Legislative
Functions
3. Jurisprudence – Decisions of the Supreme
Court
(SCRA) Stare decisis
4. Treaties and Generally accepted principles of
International Law - Art II Sec 2, Pacta sundservanda
5. Customs – habits and practices through long
and accepted usage have
become binding
rules of conduct
vii)vii) Principles of Justice
and Equity – common law jurisdiction
a.b. Characteristics of Law
-- Rule of Conduct
-- Obligatory
-- Promulgated by legitimate authority
-- Of common observance and benefit
-- Supreme Court
-- Court of Appeals, Sandiganbayan, Court of Tax
Appeals
-- Regional Trial Court
Organization of courts
-- Supreme Court
-- Court of Appeals, Sandiganbayan, Court of Tax
Appeal
-- Regional Trial Court
-- Metropolitan Trial Court, Municipal Trial
Court
Quasi Judicial Bodies
1.1. Comelec
2.2. NLRC
3.3. LTFRC
4.4. ERB
Quantum of Evidence
- Criminal cases: Proof Beyond Reasonable Doubt
- Civil cases: Preponderance of Evidence-greater
weight of all the evidence which as a whole shows that the act sought to be
proved is more probable than not.
- Administrative cases: Substantial Evidence
– Such evidence that a reasonable mind might
accept as adequate to support a conclusion
Effects and Applications of law
- - - Requirement for publication
1.1. 15 days after publication in OG or
newspaper
2.2. Ignorance of the law excuses no one
from compliance
3.3. Due Process
- - -
Law is prospective except:
1.1. If the law provides for retroactivity
2.2. Penal law insofar as it favors the
accused
3.3. Remedial or curative law
- - -
Computing time
1.1. Year is 12 calendar months
2.2. Month is 30 days ,except when it refers to a
calendar month
3.3. First day excluded, last day included
a. Penal laws apply to all who sojourn to
Phil’s
b. Family Law and inheritance based on
national law of the party regardless
of where he lives
c. Forms and solemnities of contracts and
other instrument based on the
place where it is
executed
e.f. Obligations and Contracts Defined
The body of rules which deals with the nature and
sources of obligations and the rights and duties arising from agreements and
the particular contracts.
Obligation – A Juridical relation whereby a person may demand
from another the observance of a determinative conduct (giving, doing, not
doing), and in case of breach, may demand satisfaction from the assets of the
latter.
Contract – Meeting of the mind between two persons whereby
one binds himself, with respect to the other, to give something or to render
some service.
A contract necessarily gives rise to an obligation but an obligation
does not always need to have a contract.
f. g. Corporation and Partnership Defined
Partnership – Two or more persons bind themselves tocontribute money, property, or industry to a commonfund, with the
intention of dividing the profits among themselves.
Corporation – Artificial being created by operation
of law,having right of succession and the powers, attributes,properties
expressly authorized by law or incident to its existence.
I.
General Provisions, Nature and Effects of Obligations
a. General Provision
-
- Juridical Necessity – enforce compliance; seek
damages
-
- To give, to do, and not to do – Examples
-
- Four essential requisites of an obligation
·
A
passive subject (Debtor – to give; Obligor – to do )
·
An active subject (Creditor/Obligee)
·
Object (Prestation) – subject matter
·
Juridical
tie (Vinculum) – Source of
Obligation
-
- Form as a manifestation of intent; but no specific
form unless required by law
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