A.

DEFINITION OF LAW
In defining law there are various definitions proffered by jurists, legal writers, and
authorities. However, to make it simple and more understandable, the term law means
any rule of action or any system of uniformity established in a country or community by
some authority and applicable to its people. Law secures justice, resolves social conflict,
orders society, protects interest, and controls social relations. It is necessary that every
member in the society should have some proper understanding of law and observe it for
common good.

Thus, law may be divided into two general groups namely the law in strict legal sense
and the law in non-legal sense. In strict legal sense, it is promulgated and enforced by the
state which refers to the state law. Where according to the Spanish jurist Sanchez Roman,
there are two senses the term law implies: the general sense and the specific sense. His
definition is the most accepted definition of law under the Philippine legal system.

The law in general sense defined as the science of moral laws based on the rational nature
of man. It refers not only to the morality concept but also to the abstract concept of law. It
acknowledges that humans, as logical creatures, have a freedom to act on its own. They
have every right to exercise this liberty, it cannot be infringed and must be respected by
others.

While the law in specific sense, defined as the rule of conduct, just, obligatory,
promulgated by the legitimate authority (typically by the Legislature) and of common
observance and benefit. It refers to the rules established by the instrumentality of the state
(the Congress) that either direct conduct, prohibit conduct, impose rights or duties, or
repeal or modify another law and may be struck down only by them that has a power to
do so. Therefore, it must be observed by everyone under Philippine jurisdiction for the
benefit of all and to maintain harmony in society.
Accordingly, the law in non-legal sense, it is not promulgated and enforced by the state,
which refers to the divine law, natural law, moral law, and physical law that comprised in
the definition of law as a rule of action.

B. Kinds of Law

1. General Law- It is a territorial law which its terms and effects applied either to the whole
country subject to the legislature that enacted it. It is unrestricted as to time and pertinent
to all persons in the same class, also called general act or general statute where it is
pertaining to an entire community or all persons generally having a uniform operation,
that is a statute operating equally upon all entities or subjects within the relations,
conditions, and circumstances prescribed by the law.
2. Special Law- Contrary to the General Law, this law applies only to a certain place,
interest, individual or things in the same situation but not to the entire class, though it is
unconstitutional when classification made is without legitimate justification or basis. In
other sense, it is called local law or special legislation.

3. Local Law- It applies only to a specific district within a territory and restricted in
territorial limits apart from the whole state or to a comparatively small portion of the
state. It is issued by elected lawmakers and local administrative agencies hence it cannot
conflict with state or federal law. Moreover, decisions by local courts generally operate
as a law to the extent they apply it to participants in the case and it may have prospective
effect.

4. Public Law- It covers all matters of law that can arise between the public and the state
which involves criminal, tax, constitutional or administrative law. For instance, if a man
run from a convenience store with snitched products under his arm, he is violating public
law, for he committed a crime which is theft. Furthermore, the government has the power
to enforce, apply, implement, make, repeal, and amend the law. However, if individuals
are not satisfied with a decision of an authoritative body, they can ask for a judicial
review. This law ensures that the government does not exploit its powers over individuals
and use it in a fair and proper manner.

5. Private Law- Compare to the Public Law, it applies to relationships between citizen and
citizen as not involving the state. This law covers the rights and obligations of
individuals, families, businesses and small groups to assist them in disputes that involve
private matters which comprise civil law (such as law on contracts, law on torts and
property law), labor law, commercial law and corporations law. Common examples of
private law can be found in organizations and employment like the rules of behavior
established by an employer such as no smoking, no creation of a hostile work
environment and more, breaking these rules have corresponding penalties.

6. Remedial Law- It provides procedural system for obtaining redress for the invasion of
rights and violations of duties and by prescribing rules as to how suits are filed, tried, and
decided by the courts. The concept of this law is to give jurisdiction of courts and the
rules concerning pleasing, practice, and procedure before courts. In cases where a
person’s rights have been violated, it is important to know the remedies does the law
provides and how will these rights be enforced.

7. Curative Law- This law served or intended to cure defects, errors, omissions, or
irregularities. It can be remedied or corrected. Moreover, a curative act passed to validate
legal proceedings, which otherwise be void for defects to existing legal requirements.

8. Penal Law- It is enacted and enforced by the state which prescribes a penalty for one
who violates conducts that are prohibited by the state. This law prevents acts threaten,
 harm, or otherwise endanger the safety and welfare of the public by imposing punishment
to those who breach these laws. For instance, crimes against the state, crimes against
persons, economic crimes, drug offenses, driving offenses, and crime against property. It
is the same thought with Criminal Law.

9. Prospective Law- It provides and regulates the future acts of men and does not interfere
in any way with the past. Thus, a law is always prospective and take effect after it has
been enacted and published. For instance, Law B provides that it shall take effect after 15
days following its publication on Sep. 6, 2020. The law takes effect on Sep. 21, 2020 and
will continue to take effect thereafter until it is repealed or struck down.

10. Retroactive Law- In contrary to Prospective Law, Retroactive Law refers to extending
the effect to matters that have occurred in the past. It is an application of rules to events
that took place before the law was in effect. However, not all laws have retroactive effect.
A law may only be retroactive if such retroactive effect is expressly provided for in the
law. Thus, there are exceptions to the rule that laws shall have no retroactive effect since
it tends to be unjust and oppressive.

11. Affirmative Law- This law opposed to negative and asserts that a fact to be true.
However, the evidence must be proved in an affirmative issue as a rule it. Nevertheless, if
the law requires an individual to do a certain act and he neglected it that will make him
guilty and punishable. Thus, every man is presumed to do his responsibility but in case it
avers he did not do it, the negative must be proved.

12. Mandatory Law- It refers to something that is required and not subject to discretion. Use
of words such as "shall" and "must" are usually found in these laws. For instance, if a law
provides that after an individual files a petition, "a hearing shall be held", then a hearing
on the petition must be held.

C. HOW DOES A BILL BECOME A LAW

Bills are laws in the making. It refers to a draft proposal for the creation of a certain law
that shall be imposed in the country. Hence, a bill can pass into a law when both houses
of Congress— the House of Representatives and the Senate approved. Accordingly, once
the President signed it, the bill is deemed enacted and it will become an act or a law.
Eventually it will be implemented by the respective agency in the executive branch of the
government under the Office of the President.

Furthermore, there is a process in lawmaking. It will start in preparing the bill, senators
and representatives engage with their constituents come up with ideas and they will
carefully study it then write them into bills. Also, individuals and groups may draft bills
and ask their lawmakers to file them in Congress. Next, it will proceed to first reading.
Once the bill was finalized and done filing, the first reading will be held in session hall
where all lawmakers convene for a plenary session. After the session of reading, the
 presiding officer—President of the Senate or Speaker of the House of Representatives—
refers the bill to the appropriate committee. After that committee consideration/action
will be held. Should it be decided by the committee that there is no need to conduct a
public hearing, they will just schedule the bill for committee discussions and as result of
that the bill may be amended, consolidated, or be substituted with another bill by the
committee. Once the Committee Report is registered, the bill is then scheduled for
consideration on second reading. This is one of the most challenging stages in passing a
bill. During the Second Reading, the Secretary of the Senate or the Secretary General of
the House of Representatives reads the number, title, and text of the bill. After which, the
bill’s approval for second reading will be voted on by all legislators of the house. Voting
can be done either by viva voce (“aye” and "nay”), count by tellers, division of the house,
or nominal voting. After the Second Reading, the amendments proposed by the
legislators are absorbed. Printed copies of the bill are then reproduced for Third Reading.
If the bill got a majority vote, it is considered approved. If it got disapproved, it is
transmitted to the Archives of the Senate or the House of Representatives. Once a bill is
approved, for instance, at the House of Representatives, it is then transmitted to the
Senate for its concurrence and undergoes the same process in the Senate. The same is
also true when the Senate passes a bill, it transmits it to the House of Representatives for
its concurrence. After a conference committee is assembled. The bill is transmitted to the
President of the Philippines to be signed and passed.

D. Article III. Section 10 of 1987 Constitution.

“No law impairing the obligation of contracts shall be passed.”

The non-impairment clause of the Constitution serves to protect the integrity of contracts
against unwarranted interference by the State. It should not be tampered by subsequent
laws that would change or modify the rights and obligations of the parties. Moreover,
impairment is diminishing the efficacy of the contract. Thus, the obligation of contract is
only impaired when its terms and conditions are changed by law or by a party without the
consent of the other as a result of that it weakens the position or rights of the latter.

Example of impairment by law is when later taxing statute revokes a tax exemption based
on a contract. Nevertheless, it only applies if the tax exemption has been granted for valid
consideration. However, a later statute ay revoke exemption from taxation which
provided in a franchise since the Constitution provides that a franchise is only subject to
amendment, alteration, or repeal.

E. Law on Obligations and Contracts

1. Article 1156. An obligation is a juridical necessity to give, to do or not to do.

The term obligation is derived from the word “obligatio” which means tying or binding. It is a tie
which binds a person to render something to another that may consist in giving a thing, doing an
act, or not doing an act. While juridical necessity connotes that in case of non-compliance, there
will be legal sanction. It is duty of a person (debtor) to satisfy a specific and demandable claim
of another person (creditor) which if breached is enforced in court.
There are four Essential requisites of an obligation namely:
1. A passive subject- also known as debtor or obligor; he who has a duty of giving, doing or
not doing and the one who is bound to the fulfillment of the obligation.
2. An active subject- also known as creditor or obligee; possessor of the right and the one
who has the power to demand the fulfillment of the obligation.
3. Object or prestation- the subject matter of the obligation; it is the conduct in which the
debtor should act upon and without the prestation, there is nothing to perform.
4. A juridical or legal tie- also called efficient cause, which binds the parties to the
obligation and the reason why the obligation exists.
EXAMPLE: Lily and Lala has a contract where Lala is bound to build a house for Lily for
P2,000,000. In this case, Lala is the passive subject or the debtor, she has a duty to build a house
for Lily. While Lily is the active subject or creditor and has the right to demand for fulfillment.
The building of the house is the object or prestation and the contract is the juridical tie which is
the source of the obligation.
Kinds of obligation according to the subject matter.
1. Real obligation- It is an obligation to give which the subject matter is a thing and the
debtor must deliver to the creditor. For instance, A binds himself to deliver cabinet to B.
2. Personal obligation- It is an obligation to do or not to do which the subject matter is an
act to be done or not to be done. There are two kinds of personal obligation namely:
a. Positive personal obligation- obligation to do and it includes all kinds of work or
services. For instance, A binds himself to assemble the cabinet of B.
b. Negative personal obligation- obligation not to do and it includes obligation not to
give, it is ceasing from doing acts. For instance, C obliges himself not to barricade a
portion of his lot in favor for D who is entitled to a right of way.
2. Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-
contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts.

There are five sources of obligation namely:

1. Law- There is obligation when it was imposed by the law. For instance, the obligation of
both husband and wife to support their family.

2. Contracts- When both parties arise from stipulation. For instance, Selena borrowed
money from Barbie, Selena has the obligation to pay by virtue of agreement.

3. Quasi-Contract- This are judicial relation arising from certain lawful, voluntary, and
unilateral acts by virtue of which the parties become bound to each other based on the
principle that no one shall be unjustly enriched or benefited at the expenses of another.
 For instance, Teddy is the co-worker of Mr. Bean. In the absence of Mr. Bean, Teddy
received the amount of 5000 for the payment of Mr. Bean’s labor. Teddy has the
obligation to give the amount to Mr. Bean.

4. Crimes or acts or omissions punished by - Civil liability is arise and it is the

consequences of the criminal offense committed. For instance, Buttercup inflicted serious
physical injury to Blossom, so Buttercup will be liable for the payment of all medical
expenses and damages to Blossom.

5. Quasi-delicts or torts– When they arise from damages caused to another, there being
fault or negligence, giving rise to the obligation to pay for the damage done. There must
be no pre-existing contractual relation between the parties. For instance, Jomari got bitten
by his neighbor's dog, the possessor of that dog is liable for Jomari's injury caused by that
dog.