Obligations and Contracts

Week 1 – Welcome / Introduction to Law I. 1. 2. 3. 4. Introduction to Law Not Not Not Not Divine Law, law of religion and faith Natural Law, justice, fairness and righteousness Moral Law, norms of good and right conduct Physical Law, order or regularity in nature Sources of Law i) i) Constitution – Fundamental Law of the land ii) ii) Legislations – Passed by Senate and House of Representatives iii) iii) Administrative issuances – Quasi Legislative Functions iv) iv) Jurisprudence – Decisions of the Supreme Court (SCRA) Stare decisis v) v) Treaties and Generally accepted principles of International Law - Art II Sec 2, Pacta sund servanda vi) vi) 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. b. c. Characteristics of Law Rule of Conduct Obligatory Promulgated by legitimate authority Of common observance and benefit

a. a.

Organization of courts Supreme Court Court of Appeals, Sandiganbayan, Court of Tax Appeals 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 Evidencegreater 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

c. d. -

-

d. e. -

-

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 1. 1. 2. 2. to 3. 3. Computing time Year is 12 calendar months Month is