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Introduction to Philippine Law for Obligations and Contracts
Francisco Ferdinand Lagman
Overview
This video introduces the fundamental concepts of law, specifically focusing on obligations and contracts, which form the basis of business law in the Philippines. It begins by defining law and exploring its different types, including divine, natural, moral, physical, and state law. The discussion then delves into the sources of state law, such as the Constitution, legislation, administrative orders, judicial decisions, and custom. Finally, it touches upon the specific area of obligations and contracts as found in the Civil Code of the Philippines, emphasizing the legal principle that ignorance of the law is not an excuse for non-compliance.
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Chapters
- Law is defined as any rule of action or system of uniformity that guides behavior.
- Divine law originates from religious beliefs and faith (e.g., Ten Commandments).
- Natural law is an innate sense of justice, fairness, and righteousness, guiding individuals on what is right and wrong.
- Moral law varies by community and reflects societal norms.
- Physical law governs the natural world (e.g., law of gravity).
Understanding the different types of law helps differentiate between religiously guided actions, inherent moral compasses, societal expectations, natural phenomena, and enforceable state regulations.
The Ten Commandments are an example of divine law, while the concept of 'doing good deeds' for neighbors, even without a specific state mandate, illustrates natural law.
- State law, also known as positive law, is a rule of conduct propagated and enforced by the state through legitimate authority.
- The Constitution is the supreme law of the land, and any laws or acts contrary to it are void.
- Legislation includes laws (Republic Acts) passed by Congress (Senate and House of Representatives) and local ordinances enacted by LGUs.
- Administrative or executive orders, regulations, and rulings are issued to clarify or implement laws.
- Judicial decisions (jurisprudence) from the Supreme Court, while not creating new laws, set precedents.
- Custom refers to long-standing habits and practices acknowledged by society.
Knowing the sources of state law clarifies how laws are created, interpreted, and enforced, and establishes the hierarchy of legal authority, with the Constitution at the top.
The 1987 Philippine Constitution is the highest law, while Republic Acts passed by Congress, like those addressing internet regulations, are examples of legislation.
- The law on Obligations and Contracts is primarily found in the Civil Code of the Philippines, enacted in 1950.
- A fundamental principle is the conclusive presumption of knowledge of law: ignorance of the law excuses no one from compliance.
- Everyone is presumed to know the law, regardless of their actual knowledge.
This section highlights the specific legal framework for obligations and contracts and underscores the critical legal principle that individuals cannot claim ignorance of the law as a defense.
If a business owner is unaware of a specific tax regulation, they are still legally obligated to comply with it; ignorance is not a valid excuse.
Key takeaways
- Law provides a framework of rules for uniformity and order in society.
- State law is the most relevant type of law for business operations, as it is enforceable by governmental authority.
- The Philippine Constitution is the bedrock of all laws, ensuring that all other legal provisions align with its principles.
- Legislation, administrative actions, judicial rulings, and customs all contribute to the body of state law.
- Understanding the Civil Code is essential for navigating obligations and contracts in Philippine business.
- The principle that ignorance of the law is not an excuse is a cornerstone of legal systems, ensuring accountability.
Key terms
LawDivine LawNatural LawMoral LawState LawPositive LawConstitutionLegislationRepublic ActOrdinanceAdministrative OrderJudicial DecisionJurisprudenceCustomCivil CodeObligations and ContractsConclusive Presumption
Test your understanding
- What is the fundamental difference between natural law and state law?
- How does the Philippine Constitution function as the highest law of the land?
- What are the primary sources of state law in the Philippines, and how do they interact?
- Why is it important for business students to understand the law on obligations and contracts?
- What does the principle of 'conclusive presumption of knowledge of law' mean, and what are its implications?