of the Supreme Court, judges
and officials of the department of publicprosecutors in active service. Thisprovision shall not be applicable to themunicipal mayors, judges or prosecutingattorneys, nor to those who by chanceare temporarily discharging thefunctions of judges or prosecutingattorneys.
Administrative, economic or militaryheads
of districts, provinces or posts
Employees engaged in the collectionand administration of funds of theState
, appointed by the Government.Persons who by contract administer andcollect temporarily or theirrepresentatives are exempted.
Stock and commercial brokers
of whatever class they may be.
Those who by virtue of laws orspecial provisions, may not engagein commerce in a determinateterritory
President, Vice President, Cabinetmembers and their deputies orassistants
President, Vice President, Members of the Cabinet, Congress, Supreme Courtand the Constitutional Commission,Ombudsman
with respect to any loan,guaranty, or other form of financialaccommodation for any businesspurpose
by any government-owned orcontrolled bank to them (Art XI, Sec. 16,’87 Consti)
Extends throughoutthe PhilippinesExtends only to theterritory where theofficer is exercisinghis functionsEffect of act is nulland voidEffect is to subjectthe violator todisciplinary action orpunishment
5. Acts of Commerce(Commercial Transactions)
Judges are no longer disqualified, as per Macariola vs. Asuncion(114 SCRA 77, 1982). Since the relative disqualification of judges ispolitical in nature, this was deemed abrogated by change insovereignty from Spain to the United States.
a.Those acts contained in the Code of Commerceb.all others of analogous character
The Code of Commerce does notattempt anywhere to define what commercialtransactions are. It only specifies 2 generalclasses.
An act need not be performed bya merchant in order that it may be consideredan act of commerce (Cia Agricola de Ultramarvs. Reyes, 4 Phil 2)
6. Commercial Contracts
6.1. Enforceability of Contracts
i. Commercial contracts shall be valid,whatever the form and language,provided their existence is shown byany means established by the civil law.EXCEPT when the contract exceedsP300 (the equivalent of 1,500 pesetas),it cannot be proved by the testimony of a witness alone. There must be someother evidence.
6.2. Efficacy of Contracts
Commercial contractsare consensual, so a writteninstrument is not necessary.
in the ff cases in Art 52
Contracts stated in the Code
which must bereduced to writing or requireforms or formalities necessary fortheir efficacy
Contracts executed in a foreigncountry in which the law requirescertain instruments, forms orformalities for their validity,although Philippine law does notrequire them.ii.if these contracts do not satisfy thecircumstances respectively required, itshall not give rise to obligations orcauses of action
6.3. Perfection of Contracts
i. Contracts entered into bycorrespondence shall be perfectedfrom the moment an answer is madeaccepting the offer or the conditionsby which the latter may be modified.(Art 54)
The Code requires specific forms for charter parties and loans onbottomry and respondentia (Arts 267, 578, 652 and 720).
Negotiable Instruments Law requires negotiable instruments to be inwriting. Insurance Code requires payment of premium for a fireinsurance contract to exist.
] [Miles Malaya.