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oblicon

oblicon

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Published by liboanino

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Published by: liboanino on Oct 07, 2011
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12/23/2012

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Essentials of Philippine Business LawExpanded Course SyllabusWeek 1
Welcome / Introduction to LawI.Introduction to course, overview of subject, explanation of policies andgrading systemI. Introduction to Law- Not Divine Law, law of religion and faith- Not Natural Law, justice, fairness and righteousness- Not Moral Law, norms of good and right conduct- Not Physical Law, order or regularity in naturea. Sources of Lawi) Constitution
Fundamental Law of the landii) Legislations
Passed by Senate and House of Representativesiii) Administrative issuances
Quasi Legislative Functionsiv) Jurisprudence
Decisions of the Supreme Court (SCRA) Stare decisisv) Treaties and Generally accepted principles of International Law - Art II Sec2, Pacta sund servandavi) Customs
habits and practices through long and accepted usage have become binding rules of conductvii) Principles of Justice and Equity
common law jurisdictionb. Characteristics of Law- Rule of Conduct- Obligatory- Promulgated by legitimate authority- Of common observance and benefitc. Organization of courts- Supreme Court- Court of Appeals, Sandiganbayan, Court of Tax Appeals- Regional Trial Court- Metropolitan Trial Court, Municipal Trial Court- Quasi Judicial Bodies1. Comelec2. NLRC3. LTFRC4. ERBd. 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
 
e. Effects and Applications of law- Requirement for publication1. 15 days after publication in OG or newspaper2. Ignorance of the law excuses no one from compliance3. Due Process- Law is prospective except:1. If the law provides for retroactivity2. Penal law insofar as it favors the accused3. Remedial or curative law- Computing time1. Year is 12 calendar months2. Month is 30 days, except when it refers to a calendar month3. First day excluded, last day included- Conflict of Laws Provisionsi. Penal laws apply to all who sojourn to Philsii. Family Law and inheritance based on national law of the party regardless ofwhere he livesiii. Forms and solemnities of contracts and other instrument based on the placewhere it is executedf. Obligations and Contracts DefinedThe body of rules which deals with the nature and sources of obligations and therights 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, withrespect 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.g. Corporation and Partnership DefinedPartnership
Two or more persons bind themselves to contribute money, property, or industry to a common fund, 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.Weeks 2 to 4
ObligationsI.General Provisions, Nature and Effects of Obligationsa. General Provision- Juridical Necessity
enforce compliance; seek damages- To give, to do, and not to do
Examples- Four essential requisites of an obligation
 
(i) A passive subject (Debtor
to give; Obligor
to do)(ii) An active subject (Creditor/Obligee)(iii) Object (Prestation)
subject matter(iv) Juridical tie (Vinculum)
Source of Obligation- Form as a manifestation of intent; but no specific form unless required by law(b) Kinds of Obligations1. According to subject mattera. Real Obligation
to giveb. Personal Obligation
to doi. Positive
to give or doii. Negative - not to do or not to giveA borrower agreed to pay his debt in 60 days, and in case of non-payment to render free service as driver/servant. When due date came, borrower refused to render free service. Decide.2. According to person obligeda. Unilateralb. Bilateral (Reciprocal or non-reciprocal)(c) Sources of Obligation1. LAW
Imposed by law- A wife was about to deliver a child. Her neighbor brought her to hospital. Whoshould pay the hospital bill
Husband or Neighbor?- P.D. 1517 grants the right of first refusal to person who has leased for morethan 10 years an urban land and who construct his house thereon. Lessee of a Condo in Manila now claims his right of first refusal because he has been living inthe unit for almost 15 years. Decide.Obligations derived from law are not presumed.- In a newspaper ad, there was an offer to replace 30 sachets of Tide for one Venetian cut Glass until the end of the year. At the end of the year, you presentyour tide sachets, but Tide refused to honor it anymore since the ad was postedmore than half a year ago. Decide. 657a. Quasi-contracts
Juridical relations based on the principle that no one shallbe unjustly enriched or benefited at the expense of another.i. Negotiorum Gestio
When a person voluntarily takes charge of the management ofa business or property of another that has been neglected or abandoned, withoutany power from the latter, as a consequence of which, he is obliged to continuethe same until the termination of the affair or to require the owner to substitute him. Ex. NPA infested area Fishpondii. Solutio indebiti
When a person unduly delivers a thing through mistake to another who has no right to demand it. (melon bank v. Javier)b. Crimes (acts or omission punished by law)If you commit a crime, you are liable both criminally and civilly for the consequence of your acts or omissions such as restitution, reparation for damages caused and indemnification for consequential damages.Ex. Support for impregnated rape victim; loss of earning capacity of murder vict

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