 engine, engineer, engineering come from the 5 Kinds of Law ( NMMPS )
Latin ingenium
 gignere (genere), meaning to produce
 Engineering is the profession in which
knowledge of the mathematical
Characteristics of Engineering ( PAACEBU )
1. PROFESSION- is an occupation requiring an
advanced academic training, associated with a
great body, member of a profession places
responsibilities to the public
2. ART - member of a profession places
responsibilities to the public
3. APPLICATION of SCIENCE - Science is a
systematized knowledge
4. CONCERNED with CONSTRUCTION ECONOMY
5. BENEFIT OF MAN - ultimate purpose
6. UTILIZATION of NATURAL RESOURCES
Functions of Engineering ( PRCDSM )
1. PRODUCTION
2. RESEARCH - careful and systematic investigation
3. CONSTRUCTION
4. DESIGN - working plan or pattern
5. SALES
6. MANAGEMENT
Legislations - regulating the profession of engineering
LAW
 A recognized causal link or principle
 binding rules of conduct meant to enforce justice
 derives its legitimacy ultimately from universally
accepted principles
 is a collection of the rules of conduct
Objectives of the Law ( SPOPPU )
1. Protection of the STATE
2. Protection of PUBLIC HEALTH
3. Protection of ONE’s SELF
4. Protection of PROPERTY
5. Protection of the RIGHT OF PERSONAL ACTION
6. Protection of the RIGHT OF USE OF PROPERTY
Sources of Law ( CLEPUPje )
1. CONSTITUTION - is a body of rules or guidelines,
Fundamental or highest law of the land
2. LEGISLATION - is the one that is laid down,
established, or ordained by the lawmaking
authority, followed by the citizens, subject to
sanction or legal consequences.
3. EXECUTIVE ORDERS - regulations and rulings
4. PRECEDENT - Prior cases, which are close in facts
or legal principles
5. CUSTOM or USAGE - consists of those habits and
practices
6. PRINCIPLES OF JUSTICE AND EQUITY - principles
have to be applied in the absence of law,
precedent, custom and usage
1. NATURAL LAW - divine inspiration in a man of the
sense of justice, fairness
2. MORAL LAW - system of the rules of human action,
origin in the general sense, what is right or wrong
3. MUNICIPAL OR POSITIVE LAW - system of rules of
human action established by the governmental
power
4. PHYSICAL LAW - is characterized by the elements
of imperativeness and regularity
5. SUBSTANTIVE LAW - that part of law which
creates, defines, and regulates rights
EXECUTIVE ORDER - Official document
PRESIDENTIAL DECREE - is an order made by a head of
state or government and having the force of law
DECREE - refers to any authoritarian decision and in
this sense is often derogatory
Civil Code of the Philippines (R.A. 386)
Art. 1305 - CONTRACT is a meeting of minds between
two persons whereby one binds himself
Art. 1306 - contracting parties may establish such
stipulations
Art. 1308 - contract must bind both contracting parties
Art. 1309 - determination of the performance may be
left to a third person
Art. 1313 - Creditors are protected in cases
Art. 1314 - Any third person who induces another
Art. 1315 - Contracts are perfected by mere consent
Art. 1318 – Consent , object certain ,cause of
obligation
3 STAGES OF CONTRACT (PPC)
1. PREPARATION (GENERATION) -Birth of the
contract, or commencement
2. PERFECTION - Life of the contract, implemented
3. CONSUMMATION - Extinction of the contract,
DEFECTIVE CONTRACTS ( RVUV )
1. RESCISSIBLE CONTRACTS - All the essential
elements, reason of injury or damage to third
persons
2. VOIDABLE CONTRACTS - is valid until annulled
3. UNENFORCEABLE CONTRACTS - cannot be used
upon or enforced unless ratified, validable
contract.
4. VOID / INEXISTENT CONTRACTS - has no effect at
all, It cannot be ratified or validated, never been
executed at all
12 TYPES OF CONTRACTS
EXPRESS CONTRACT - shown by words, oral or written
IMPLIED CONTRACT - one wherein intent the parties is
shown by conduct
EXECUTED CONTRACT - already been performed
EXECUTOR - is one not yet performed
NOMINATE CONTRACTS - are those with special name
or designation (nominados)
INNOMINATE CONTRACTS - do not have any special
designation ( innominados )
CONSENSUAL CONTRACT - one perfected by mere
consent, such as contract of sale
REAL CONTRACT - one perfected by the delivery of the
thing which is the object of the contract
UNILATERAL CONTRACT - only one of the parties has
an obligation
BILATERAL CONTRACT - creates reciprocal obligations
CONSENSUAL CONTRACT - that which is perfected by
mere consent
REAL CONTRACT – that which is perfected by the
delivery of the thing
SOLEMN CONTRACT – that which requires compliance
with certain formalities prescribed from being thereby
an essential element thereof
CONTRARY TO LAW - the parties to a contract cannot
agree to an object
AGAINST MORALS - no contract may be entered into
which is against virtuous
Contrary to good customs - the contracting parties are
prohibited from entering into contracts
Contrary to Public Order - Public order does not mean
the actual keeping of the public
Contrary to public policy - Public policy refers not only
to public safety
Law of Obligations
 Republic Act 386 – Civil code of the Philippines
approved on June 18, 1949
 It is a body of rules which deals with the nature
 An obligation or debt may exist by reason of the
judgment as well as an express contract
 Constitutes a legal or moral duty and renders a
person liable to coercion
Jus in personam - Right against a person
who gives it possessor a power
Jus in rem - Right in thing existing in a person with
respect to an article
Article 1156 - An obligation is a juridical necessity to
give, to do or not to do
Civil obligation- which give to the creator or oblige a
right under the law
Natural obligation- not being based on positive law but
on equity and natural law
Elements of Obligation
1. Active Subject (Obligee and Creditor) - possessor of
a right, the party whose favor an obligation is
constituted
2. Passive Subject (Obligor or Debtor) - party who has
a duty to give, to do or not to do
3. Prestation Object (Subject Matter) - consist of
giving, going, or not doing
4. Vinculum, Judirical Tie (Efficient Cause)
Kinds of Obligation
1. Real obligation (obligation to give) - obligor must
deliver to the oblige.
2. Personal obligation (obligation to do or not to do) -
the subject matter is an act to be done or not to be
done.
Types of Personal Obligation
1. Positive personal obligation- obligation to do or
render service
2. Negative personal obligation- not to do
Warranties
 are used by sellers to encourage customers,
 either boost sales or become a major problem for
a business,
 is a promise or guarantee
 applied to materials, workmanship
2 TYPES OF WARRANTIES
Express warranty - explicitly stated (written or spoken)
 Full warranty - repairs or replacement of a
defective product at no cost.
 Limited warranty - excludes certain parts of the
product from coverage, or requires the customer
to pay some portion of repairs.
Implied warranty - exists automatically by state law
 Warranty of merchantability - is a promise that the
product is fit for its intended purpose
 Warranty of fitness for a particular purpose - arises
when the seller advises
Disclaimer statement that contains exceptions to and
exclusions from a warranty, limit damages that can be
recovered by a customer.
Magnuson-Moss Consumer Product Warranty Act of
1975 - warranties for most consumer product ,sets
minimum, rules, provisions
Consumer Product Safety Act of 1972 – require, recall,
prohibit
Food, Drug, and Cosmetic Act of 1938 - designed to
assure that products will be pure
State Statutes
Lemon laws - poorly built cars.
Licensing and certification laws- require certain
individuals
Liability - responsibility or
accountability to pay, strict liability, wrong doer is
obligated