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Legal Ethics Chapter I – Lawyer and Society
JAN 30
Posted by Magz
LEGAL ETHICS – is a branch of moral science, which treats of the duties which an attorney owes
to the court, to the client, to his colleagues in the profession and to the public as embodied in the
Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional
Ethics, jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics:

Canons of Professional Ethics
Supreme court Decisions
Treatises and publications

Present Basis of the Philippine Legal System: Code of Professional Responsibility.
BAR – Refers to the whole body of attorneys and body of judges.
BENCH – denotes the whole body of counselors, collectively the members of
the legal profession.
Practice of Law – any activity, in or out of court which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to give notice
or render any kind of service, which or devise or service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who
are licensed officers of the courts, empowered to appear prosecute and defend and upon whom
peculiar duties, responsibilities, and liabilities are developed by law as a consequence (Cui v.
Cui, 120 Phil. 729).



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Attorney in fact – an agent whose authority is strictly limited by the instrument appointing him,
though he may do things not mentioned in his appointment necessary to the performance of the
duties specifically required of him by the power of attorney appointing him, such authority being
necessarily implied. He is not necessarily a lawyer.
Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the
Bar in good standing who, by reason of their experience and ability, may adequately defend the
Note: In localities where members of the Bar are not available, the court may appoint any person,
resident of the province and good repute for probity and ability, to defend the accused. Sec. 7,
Rule 116, Rules of Court.
Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in
the suit in which the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33
Attorney of Record – one who has filed a notice of appearance and who hence is formally
mentioned in court records as the official attorney of the party. Person whom the client has named
as his agent upon whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as
“of counsel” (5 Am. Jur. 261).
Lead Counsel – The counsel on their side of a litigated action who is charged with the principal
management and direction of a party’s case.
House Counsel – Lawyer who acts as attorney for business though carried as an employee of that
business and not as an independent lawyer.
Bar Association – an association of members of the legal profession.
Advocate – The general and popular name for a lawyer who pleads on behalf of someone else.
Barrister (England) – a person entitled to practice law as an advocate or counsel in superior
Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties
and business correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of Laws
but membership in the Bar after due admission thereto, qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law. Thus, the
Constitution, under Article VIII, Sec. 5 (5) provides:



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Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice
and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the
under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial
function to admit candidates to the legal profession.
The Bar Examination Committee:
Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members
of the bar.
The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.
The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on
the other hand, and the individual members of the committee on the other. He is at the same
time a deputy clerk of court.
Admission of examinees is always subject to the final approval of the court.
Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL
AND MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and
efficient administration of justice. (In Re: Argosino, 1997).
Requirements for admission to the Bar:

citizen of the Philippines
at least 21 years old
of good moral character
Philippine resident
Production before the supreme court satisfactory evidence of:
1. good moral character
2. no charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines.

Requirement of Good Moral Character: a continuing requirement; good moral character is not
only a condition precedent for admission to the legal profession, but it must also remain intact in
order to maintain one’s good standing in that exclusive and honored fraternity. (Tapucar vs.
Tapucar, 1998)
Academic Requirements for Candidates:
1. a bachelor’s degree in arts and sciences (pre-law course)
2. a completed course in:
1. civil law
2. commercial law


1987 Constitution).) 3. 34. city and municipal mayors (R. RRC) 2. 4. 7. RRC). 7. 1987 Constitution) Ombudsman and his deputies (Art. 3. 9.wordpress. 2259. resident of the province 2. Those prohibited by special law Public Officials with Restrictions in the Practice of Law: 1. President. as quasi-judicial and other administration bodies (Art. VI. in person OR through an agent or friend or appointed by him for that purpose (Sec. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: the judge may appoint a non-lawyer who is: 1. 2. if 1. Sec. 2. 6. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. to represent indigent clients. Sec. 14 SCRA 109).12/26/13 4/143 . 7. 14. Members of the Constitutional Commission (Art IX-A. 8. in person (Ibid. Judges and other officials as employees of the Supreme Court (Rule 148. they represent their organization or members thereof (Art 222. Sec. of good repute for probity and ability to aid the accused in his defense (Rule 116. accepted by the Legal Clinic of the law school. 10. 5. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals. PO 442. or if 2. Before any other court: Party to the litigation. 35. Cases before the MTC: Party to the litigation. Under the Labor code. 90). 4. Villanueva. 7160. Officials and employees of the OSG (Ibid. members of the cabinet.) Government prosecutors (People v. 8 (2nd par). they represent themselves. Sec. as amended).A. 1987 Constitution) All governors. 5. RRC). No. non-lawyers may appear before the NLRC or any Labor Arbiter. Sec. Sec. 5. 6. 1987 Constitution). lawphilreviewer. Vice-President. who is enrolled in a recognized law school’s clinical education program approved by the supreme Court may appear before any court without compensation. 8. Rule 138. Sec. 9). 15. Under the Cadastral Act. 6. Public Officials who cannot engage in the private practice of Law in the Philippines: 1. Legal Aid Program – A senior law student. their deputies and assistants (Art. a non-lawyer can represent a claimant before the Cadastral Court (Act no. public international law | Search Results | Philippine Law Reviewers remedial law public international law private international law political law labor and social legislation medial jurisprudence taxation legal ethics Non-lawyers who may be authorized to appear in court: 1. IX. 4. VIII Sec. 1.

collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. 2. false or unlawful suit. Under RA 910. 3. or give aid nor consent to the same. with all good fidelity as well to the court as to my clients. __________________. use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. obey the laws of the land and promote respect for law and for legal processes Duties of Attorneys: 1. but a sacred trust that must be upheld and kept inviolable. or instrumentality of the government is the adverse party. (Sebastian vs.” (Form 28. Sec. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. 2. 1. and will conduct myself as a lawyer according to the best of my knowledge and discretion. 4. RRC) Nature of Lawyer’s Oath The lawyer’s oath is not mere facile words. 1998). I will delay no man for money or malice. cannot act as counsel in any civil case in which the Government. Under the Local Government Code (RA 5/143 . a retired justice or judge receiving pension from the government. as amended. I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein. 3. Cuevas. I will do no falsehood. nor consent to the doing of any in court. So help me God. 91)Sanggunian members may practice their professions provided that if they are members of the Bar. to observe and maintain the respect due to the courts of justice and judicial officers. appear as counsel before any court in any civil case wherein a local government unit or any office. I will not willingly nor wittingly promote or sue any groundless. agency.wordpress. lawphilreviewer. drift and hollow.12/26/13 public international law | Search Results | Philippine Law Reviewers 2. 1999) It is NOT a mere ceremony or formality for practicing law. Sec. or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. In Re: Arthur M. (In Re: Argosino. Attorney’s Oath: “I. 1997. they shall not: 1. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer’s oath. and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. Calis. do solemnly swear that I will maintain allegiance to the Republic of the Philippines. appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. Code of Professional Responsibility Chapter 1: Lawyer and Society CANON 1 – A lawyer shall uphold the constitution.

unless required by the justice of the cause with which he is charged. immoral or deceitful conduct. regardless of his personal opinion as to the guilt of the accused. 7. in the defense of a person accused of a crime.01 – A lawyer shall not engage in unlawful. 8. and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. and at every peril to himself. not to encourage either the commencement or the continuance of an action or proceeding. 9. estafa bribery murder seduction abduction smuggling falsification of public documents Morality as understood in law . it is a 6/143 .wordpress. 6. FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. by all fair and honorable means. to present every defense that the law permits. 7. Narag. dishonest. Maniwag. for any consideration personal to himself. and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval. Rule 1. flagrant. to maintain inviolate the confidence. 5. never to reject. modesty or good morals. 5. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness. Moral Turpitude: any thing that is done contrary to justice. or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. 4. but by due process of law. or delay any man’s cause for any corrupt motive or interest. and such defenses only as he believes to be honestly debatable under the laws. to counsel or maintain such actions or proceedings only as appear to him as just. 1998) lawphilreviewer. (Narag vs. 3. Immoral Conduct: that conduct which is willful. 2.This is a human standard based on natural moral law which is embodied in man’s conscience and which guides him to do good and avoid evil.12/26/13 public international law | Search Results | Philippine Law Reviewers 3. to preserve the secrets of his client. 106 SCRA 591). to employ. to the end that no person may be deprived of life or liberty. the cause of the defenseless or oppressed. Conviction for crimes involving moral turpitude – a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: 1. such means only as are consistent with truth and honor. 6. for the purpose of maintaining the causes confided to him. honesty. 4.

rather than traverse the incontrovertible. except for valid reasons. it is his burden/duty to advise the latter to acquiesce and submit. CANON 2 – A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence.02 – In such a case. Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them.12/26/13 public international law | Search Results | Philippine Law Reviewers Rule 1. Temper client’s propensity to litigate. Until a statute shall have been construed and interpreted by competent adjudication. The law violated need not be a penal law. he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. relationship or trust makes it his duty to do so. Rule 1. integrity and effectiveness of the profession. Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. “Moral Turpitude” – everything which is done contrary to justice. encourage any suit or proceeding or delay any man’s cause. Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. except in rare cases where the blood. Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s).com/?s=public+international+law 7/143 . honesty. the cause of the defenseless or oppressed. end or settle the controversy if it will admit of a fair settlement. lawphilreviewer. Rule 1. This is so as to prevent barratry and ambulance chasing. Barratry – offense of frequently exciting and stirring up quarrels and suits. Rule 2. even if a lawyer does not accept a case. he shall not refuse to render legal advise to the person concerned if only to the extent necessary to safeguard latter’s rights. either at law or otherwise.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.03 – A lawyer shall not. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit. Rule 2. modesty or good morals. for any corrupt motive or interest. A lawyer has the obligation not to encourage suits.04 – A lawyer shall encourage his clients to avoid.wordpress.01 – A lawyer shall not reject. If a lawyer finds that his client’s cause is defenseless.

integrity and reliability. 3. telephone number and the special branch of law practiced. of brief biographical and informative data. 3. firm name or office address. associates. are allowed. being for the convenience of the profession. duty of service. Exceptions/ Permissible advertisements: 1. is not objectionable. and all other self-laudation. Defenseless – not in the position to defend themselves due to poverty. weakness. Ordinary simple professional Card. 2. or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct. including books. in a manner consistent with the standards of conduct imposed by the canons. Advertisements or announcement in any legal publication.wordpress. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust.12/26/13 public international law | Search Results | Philippine Law Reviewers Rule 2. 4. It may contain only a statement of his name. fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. the name of the law firm which he is connected 8/143 . a relation to clients in the highest degree of fiduciary. of which the emolument is a by product. Reputable law lists. 2.03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. 4. Primary characteristics which distinguish the legal profession from business. the magnitude of the interest involved. a relation to colleagues at the bar characterized by candor. such as furnishing or inspiring newspaper comments. unlawful exaction. address. Oppressed – victims of acts of cruelty. A simple announcement of the opening of a law firm or of changes in the partnership. and legal magazines. and in which one may attain the highest eminence without making such money. ignorance or other similar reasons. 5. Rule on Advertisements General Rule: No advertisements allowed. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity. the importance of the lawyer’s position. 1. journals. lawphilreviewer. domination or excessive use of authority.

com/?s=public+international+law 9/143 . participate in continuing legal education programs. misleading.01 is unethical. Rule 3. or assumed name shall be used. unless circumstances so warrant. Submission for decision on the evidence so far presented.04 – A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of. publicity to attract legal business.g.04 – A lawyer shall not charge rates lower than those customarily or prescribed. But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there’s no opportunity for consultation. fair dignified and objective information or statement of facts. Rule: Refrain from charging rates lower than the customary rates. Death of a partner does not extinguish attorney-client relationship with the law firm. too poor CANON 3 – A lawyer in making known is legal services shall use only true. he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. A lawyer cannot delay the approval of a compromise agreement entered into between parties. Valid Justification: relatives. just because his attorney’s fees were not provided for in the agreement. no false. Rule 3. Petitions with the Supreme Court for the amendment of the Rules of Court.03 – Where a partner accepts public office. Rule 3. Rule: A lawyer cannot compromise the case without client’s consent (special authority). It is unethical to use the name of a foreign firm. Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e. the lawyer may compromise.01 – A lawyer shall not use or permit the use of any false. lawphilreviewer. or in return for. whether done by him personally or through another with his permission. CANON 4 – A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and in the administration of justice. Negligence of a member in the law firm is negligence of the firm. Violation of Rule 3. Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress. honest.12/26/13 public international law | Search Results | Philippine Law Reviewers Rule 2. undignified. fraudulent.02 – In the choice of a firm name. CANON 5 – A lawyer shall keep abreast of legal developments. self-auditory or unfair statement or claim regarding his qualifications or legal services. Rule 3. misleading.wordpress. support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased. co-lawyers. deceptive.

accept engagements or employment in connection with any matter in which he had intervened while in said service.12/26/13 public international law | Search Results | Philippine Law Reviewers Objectives of integration of the Bar To elevate the standards of the legal profession To improve the administration of justice To enable the Bar to discharge its responsibility more effectively. The three-fold obligation of a lawyer First. permanent or temporary. Third. 8.02 – A lawyer in the government service shall not use his public position to promote or advance his private interest. Rule 6. (Sec. regardless of amount. 4. 3 (b). after leaving government service. Various ways a government lawyer leaves government service: 1. 5. he owes it to his profession to take an active interest in the maintenance of high standards of legal education. 6. nor allow the latter to interfere with his public duties.wordpress. Rule 6. 2. The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: 1. he owes it to the lay public to make the law a part of their social consciousness.01 – The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. he owes it to himself to continue improving his knowledge of the laws. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause of disciplinary action. Public Officials – include elective and appointive officials and employees. 3. CANON 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks. commitment to public interest professionalism justness and sincerity political neutrality responsiveness to the public nationalism and patriotism commitment to democracy simple living (Sec.03 – A lawyer shall not. 7. whether in the career or non-career service. Second. RA 6713). 4. RA 6713) Rule 6. whether or not they receive compensation. including military and police 10/143 . retirement lawphilreviewer.

trustee or nominee in any private enterprise regulated. except in the case of subparagraph (b) (2) above. Leave a Comment 11/143 . consultant. Corrupt practice of Public Officers. manage or accept employment as officer. Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law. in which case the one year prohibition shall likewise apply. counsel. In addition to acts or omission of public officers already penalized by existing law. Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). PNB) The OSG is not authorized to represent a public official at any state of a criminal case. Accepting engagements vs. agent. 3. 3 (d) RA 3019 as amended and Sec. Should recommend the acquittal of the accused whose conviction is on appeal. 5. or separation from public office. Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. Includes restriction is representing conflicting interest (e. control. retirement.Lawyer and Society lawphilreviewer. 4. former employer. Reference: Legal Ethics Reviewer Ateneo Posted in Legal Ethics Tags: Legal Ethics Chapter I . broker.12/26/13 2. 7 (b). These prohibitions shall continue to apply for a period of one (1) year after resignation. the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful: (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after termination. own. public international law | Search Results | Philippine Law Reviewers resignation expiration of the term of office dismissal abandonment Q: What are the pertinent statutory provisions regarding this Rule? A: Sec. IF he finds no legal basis to sustain the conviction.wordpress. RA 6713 Sec 3.g. supervised or licensed by their office unless expressly allowed by law. but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. provided that such practice will not conflict or tend to conflict with their official functions.

12/26/13 public international law | Search Results | Philippine Law Reviewers Criminal Law Book 1 Articles 1 – 10 DEC 20 Posted by Magz Criminal Law – A branch of municipal law which defines crimes. Territorial – the law is binding to all crimes committed within the National Territory of the Philippines Exception to Territorial Application: Instances enumerated under Article 2. Must be general in application. treats of their nature and provides for their punishment. The modification may be prejudicial or beneficial to the offender. which decriminalized subversion. Must not partake of the nature of a bill of attainder. Must not partake of the nature of an ex post facto law. Hence. A repeal is absolute or total when the crime punished under the repealed law has been decriminalized by the repeal. Because of the repeal. 3. or partial or relative repeal. A repeal is partial or relative when the crime punished under the repealed law continues to be a crime inspite of the repeal. Must not impose cruel and unusual punishment or excessive fines. 7363. Prospective – the law does not have any retroactive effect.wordpress. Exception to Prospective Application: when new statute is favorable to the accused. qualify your answer by saying whether the repeal is absolute or total or whether the repeal is partial or relative only. General – the law is binding to all persons who reside in the Philippines 2. 4. 2. the act or omission which used to be a crime is no longer a 12/143 . Limitations on the power of Congress to enact penal laws (ON) 1. the following rule: Consequences if repeal of penal law is total or absolute lawphilreviewer. An example is Republic Act No. Characteristics of Criminal Law: 1. This means that the repeal merely modified the conditions affecting the crime under the repealed law. Effect of repeal of penal law to liability of offender Total or absolute. — As to the effect of repeal of penal law to the liability of offender. 3.

the same shall be dismissed. Consequences if repeal of penal law is partial or relative (1) If a case is pending in court involving the violation of the repealed law. on the other hand. (2) If a case is already decided and the accused is already serving sentence by final 13/143 . even if the offender is already convicted and serving sentence. and the repealing law is more favorable to the accused. so that if the repeal is more lenient to them. Classical Theory – Man is essentially a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself. If they are not discharged from confinement. Those who are not habitual delinquents will benefit on the effect of that repeal. the repeal of the repealing law will not revive the first law. even though the accused may be a habitual delinquent. (2) If the repeal is express. if the case is still pending in court.12/26/13 public international law | Search Results | Philippine Law Reviewers (1) If a case is pending in court involving the violation of the repealed law. These effects of repeal do not apply to self-repealing laws or those which have automatic termination. the crime still remains to be a crime. a law which is beneficial shall be applied to him unless he is a habitual delinquent in accordance with Rule 5 of Article 62. is a habitual delinquent.wordpress. a petition for habeas corpus should be filed to test the legality of their continued confinement in jail. Under Article 22. it will be the repealing law that will henceforth apply to them. They are entitled to release. Theories of Criminal Law 1. If the convict. so the act or omission will no longer be penalized. But if there is no reservation. Consequences if repeal of penal law is express or implied (1) If a penal law is impliedly repealed. it shall be the one applied to him. the repealing law will be the one to apply unless there is a saving clause in the repealing law that it shall not apply to pending causes of action. So whether he is a habitual delinquent or not. then he will be entitled to a release unless there is a reservation clause in the penal law that it will not apply to those serving sentence at the time of the repeal. those who are not habitual delinquents even if they are already serving their sentence will receive the benefit of the repealing law. if the convict is not a habitual delinquent. An example is the Rent Control Law which is revived by Congress every two years. he will continue serving the sentence in spite of the fact that the law under which he was convicted has already been absolutely repealed. (2) If a case is already decided and the accused is already serving sentence by final judgment. So the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes although during the implied repeal they may not be punishable. even if the repealing law is partial or relative. This is so because penal laws should be given retroactive application to favor only those who are not habitual delinquents. the subsequent repeal of the repealing law will revive the original law. lawphilreviewer.

should not be utilized to apply the full harshness of the special law. Nullum crimen. capital punishmen BASIC MAXIMS IN CRIMINAL LAW Doctrine of Pro Reo Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one strict to the offender – that interpretation which is lenient or favorable to the offender will be adopted. Heinous crimes should be dealt with in a classical manner. Consistent with this theory. if there is no law defining the act. This is true to civil law countries. Construction of Penal Laws lawphilreviewer. No matter how wrongful. there is no common law crime in the Philippines. evil or bad the act is. The Revised Penal Code 2. This maxim is not an absolute one because it is not applied to culpable felonies. should direct the punishment to potential or actual wrongdoers.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. the same is not considered a crime. nulla poena sine lege There is no crime when there is no law punishing the same. Actus non facit reum. Crimes that are economic and social and nature should be dealt with in a positivist manner. the law is more compassionate. Utilitarian Theory or Protective Theory The primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers. The courts. Because of this maxim. but not to common law countries. Special Penal Laws – Acts enacted of the Philippine Legislature punishing offenses or 14/143 . Positivist Theory – Man is subdued occasionally by a strange and morbid phenomenon which conditions him to do wrong in spite of or contrary to his volition.wordpress. the mala prohibita principle which punishes an offense regardless of malice or criminal intent. thus. but not a felony resulting from culpa. Eclectic or Mixed Philosophy This combines both positivist and classical thinking. Sources of Criminal Law 1. in exacting retribution for the wronged society. thus. since criminal law is directed against acts and omissions which the society does not approve. nisi mens sit rea The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo. or those that result from negligence. therefore.

wordpress. criminal intent is required to be proved before criminal liability may arise. 3. which literally means. nor should any act be pronounced criminal which is not clearly made so by statute. good faith or lack of criminal intent is a valid defense. that not all violations of special laws are mala prohibita. Interpretation by analogy has no place in criminal law MALA IN SE AND MALA PROHIBITA Violations of the Revised Penal Code are referred to as malum in se. good faith is not a defense 15/143 . The original text in which a penal law is approved in case of a conflict with an official translation. Distinction between crimes punished under the Revised Penal Code and crimes punished under special laws 1. that the act is inherently evil or bad or per se wrongful.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. unless the crime is the result of culpa In crimes punished under special laws. 2. 2. the moral trait of the offender is considered. Note. While intentional felonies are always mala in se. it does not follow that prohibited acts done in violation of special laws are always mala prohibita. therefore. When the act penalized is not inherently wrong. it is wrong only because a law punishes the same. it is enough that the prohibited act was voluntarily done. In crimes punished under special laws. and. however. On the other hand. This means that no person shall be brought within their terms who is not clearly within them. Criminal Statutes are liberally construed in favor of the offender. Even if the crime is punished under a special law. good faith and the lack of criminal intent is a valid defense. unless it is the product of criminal negligence or culpa. This is why liability would only arise when there is dolo or culpa in the commission of the punishable act. violations of special laws are generally referred to as malum prohibitum. Likewise when the special laws requires that the punished act be committed knowingly and willfully. the same is malum in se. As to degree of accomplishment of the crime lawphilreviewer. the moral trait of the offender is not considered. if the act punished is one which is inherently wrong. As to use of good faith as defense In crimes punished under the Revised Penal Code. As to moral trait of the offender In crimes punished under the Revised Penal Code. 16/143 . when there is more than one offender. frustrated. All who perpetrated the prohibited act are penalized to the same extent. 1932. Art. mitigating and aggravating circumstances are not taken into account in imposing the penalty. the act constituting the crime is a prohibited act. Where malice is a factor. There is no principal or accomplice or accessory to consider. lawphilreviewer. 2.wordpress. will the act still be wrong? If the wording of the law punishing the crime uses the word “willfully”. This Code shall take effect on January 1.12/26/13 public international law | Search Results | Philippine Law Reviewers In crimes punished under the Revised Penal Code. but also outside of its jurisdiction. take note if the crime is a violation of the Revised Penal Code or a special law. the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere. good faith is a defense. As to mitigating and aggravating circumstances In crimes punished under the Revised Penal Code. 1. Art. Test to determine if violation of special law is malum prohibitum or malum in se Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law. In crimes punished under special laws. the degree of participation of the offenders is not considered. 4. In crimes punished under special laws. there are no attempted or frustrated stages. 5. and consummated stages in the commission of the crime. thus. against those who: 1. Therefore culpa is not a basis of liability. mitigating and aggravating circumstances are taken into account in imposing the penalty since the moral trait of the offender is considered. the act gives rise to a crime only when it is consummated. As to degree of participation In crimes punished under the Revised Penal Code. In crimes punished under special laws. its interior waters and Maritime zone. In violation of special law. unless the special law punishes an omission. the degree of accomplishment of the crime is taken into account in punishing the offender. When given a problem. then malice must be proven. there are attempted. the degree of participation of each in the commission of the crime is taken into account in imposing the penalty. Except as provided in the treaties and laws of preferential application. Should commit an offense while on a Philippine ship or airship. unless the special law expressly penalize the mere attempt or frustration of the crime. accomplice and accessory. offenders are classified as principal.

mutiny. should commit an offense in the exercise of their functions. 3. (2) When the foreign country in whose territorial waters the crime was committed adopts the French Rule. because war vessels are part of the sovereignty of the country to whose naval force they belong. (These crimes include treason. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number. and violation of neutrality) Rules as to crimes committed aboard foreign merchant vessels: 1. While being public officers or employees. Ship must be in the high seas or the airship must be in international airspace. espionage. Requirements of “an offense committed while on a Philippine Ship or Airship” 1. A judge who accepts a bribe while in Japan. unless they merely affect things within the vessel or they refer to the internal management thereof. e.g.12/26/13 public international law | Search Results | Philippine Law Reviewers 2. 4. which applies only to merchant vessels. except when the crime committed affects the national security or public order of such foreign country. malversation of public funds or property. and illegal use of public funds. such that wherever the pirates may go. fraud against national treasury. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands. which began when the ship was in a foreign territory and continued when it entered into Philippine waters. (This is applicable in the Philippines) two situations where the foreign country may not apply its criminal law even if a crime was committed on board a vessel within its territorial waters and these are: (1) When the crime is committed in a war vessel of a foreign country.. French Rule – Such crimes are not triable in the courts of that country. Hence within the jurisdiction of the local courts.) 5. is considered a continuing crime. or (Some of these crimes are bribery. Bull A crime which occurred on board of a foreign vessel. US v. English Rule – Such crimes are triable in that 17/143 . Under international law rule. unless their commission affects the peace and security of the territory or the safety of the state is endangered. lawphilreviewer. they can be prosecuted. piracy. 1. Should commit any crimes against the national security and the law of nations.wordpress. a vessel which is not registered in accordance with the laws of any country is considered a pirate vessel and piracy is a crime against humanity in general. defined in Title One of Book Two of this Code. Registered with the Philippine Bureau of Customs 2.

12/26/13 public international law | Search Results | Philippine Law Reviewers As a general rule. by means of deceit (dolo) – There is deceit when the act is performed with deliberate intent. because Title I of Book 2 (crimes against national security) does not include rebellion. Art 18/143 . Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country.wordpress. lawphilreviewer. use the phrase “as defined in Title One of Book Two of this Code. This is because embassy grounds are considered an extension of sovereignty. reckless imprudence. Paragraph 5 of Article 2. How felonies are committed: 1. under the law. Acts – an overt or external act Omission – failure to perform a duty required by law. (2) punishable by the Revised Penal Code. and (3) the act is performed or the omission incurred by means of dolo or culpa. intent Examples: murder. which are. to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country. intelligence 3. Acts and omissions punishable by law are felonies. When the crime is the product of culpa or negligence.acts and omissions punishable by any law What requisites must concur before a felony may be committed? There must be (1) an act or omission. Felonies – acts and omissions punishable by the Revised Penal Code Crime . lack of foresight or lack (2) When the crime is a prohibited act under a special law or what is called malum prohibitum. the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions. those having to do with the discharge of their duties in a foreign country. freedom 2. Example of an omission: failure to render assistance to anyone who is in danger of dying or is in an uninhabited place or is wounded – abandonment. treason.” This is a very important part of the exception. and robbery Criminal intent is not necessary in these cases: (1) of skill. The functions contemplated are those. Requisites: 1.

Negligence . Requisites: 1. c. 1. lack of skill or foresight 4. Imprudence – deficiency of action. The specific criminal intent becomes material if the crime is to be distinguished from the attempted or frustrated stage. it cannot be committed without intent. it always comes before the intent. The prosecution has the burden of proving the same. distinct from intent.g. A was driving a truck along a road. The burden is upon the wrong doer to prove that he acted without such criminal intent. negligence. Distinction between intent and discernment Intent is the determination to do a certain thing. like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. 1. or lack of skill. Freedom 2. It is the design to resolve or determination by which a person acts. On the other hand. e. General criminal intent is presumed from the mere doing of a wrong act. 19/143 . He hit B because it was raining – reckless imprudence. If the crime is intentional. It is the moving power which impels one to do an act. Specific criminal intent is not presumed because it is an ingredient or element of a crime. motive implies motion. On the other hand. discernment is the mental capacity to tell right from wrong.wordpress.deficiency of perception. But a crime may be committed without motive. negligence. Lack of intent lawphilreviewer. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo. by means of fault (culpa) – There is fault when the wrongful act results from imprudence. Distinction between intent and motive Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a state of mind or a reason for committing a crime. usually involves lack of foresight 3. Imprudence.12/26/13 public international law | Search Results | Philippine Law Reviewers In criminal law. When there is motive in the commission of a crime. and (2) Specific criminal intent. an aim or purpose of the mind. failure to foresee impending danger. Intent is manifested by the instrument used by the offender. lack of foresight. This does not require proof. Intelligence 3. intent is categorized into two: (1) General criminal intent.

com/?s=public+international+law 20/143 . Believing that he was attacked. do not discuss mistake of fact. intention of the accused is lawful. natural. locked himself in his room by placing a chair against the door. Article 4. He is not criminally liable. But if the danger that would result from such imprudence is not clear. paragraph 1 presupposes that the act done is the proximate cause of the resulting felony. Causes which produce a different result: 1. 48) e. he leaped out of bed and said that he will kill the intruder should he attempt to enter. A intended to shoot B. Fearing that this intruder was a robber. 3. Ah Chong being afraid of bad elements. At that moment. Example: United States v. Ah Chong. although the wrongful act done be different from that which he intended.wordpress. but not when the felony is a result of culpa. Art. but he was not really the intended victim. he seized a knife and fatally wounded the intruder. the intended victim was not at the scene of the crime.g. Mistake in identity of the victim – injuring one person who is mistaken for another (this is a complex crime under Art. How does error in personae affect criminal liability of the offender? lawphilreviewer. you have a case of reckless imprudence. It was the actual victim upon whom the blow was directed. By any person committing a felony. Mistake of fact would be relevant only when the felony would have been intentional or through dolo. When the felony is a product of culpa. It must be the direct. He asked the identity of the person. but he did not receive a response. and logical consequence of the felonious act. If the danger impending from that situation is clearly manifest. In error in personae. but he instead shot C because he (A) mistook C for B.. mistake must be without fault of carelessness. Mistake of fact – is a misapprehension of fact on the part of the person who caused injury to another. Criminal liability shall be incurred: 1. 2. a.12/26/13 public international law | Search Results | Philippine Law Reviewers The concept of criminal negligence is the inexcusable lack of precaution on the part of the person performing or failing to perform an act. Requisites: 1. the chair struck him. not manifest nor immediate you have only a case of simple negligence. he was awakened by somebody who was trying to open the door. After having gone to bed. 4. that the act done would have been lawful had the facts been as the accused believed them to be.


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Error in personae is mitigating if the crime committed is different from that which was intended. If the crime
committed is the same as that which was intended, error in personae does not affect the criminal liability of the
In mistake of identity, if the crime committed was the same as the crime intended, but on a different victim,
error in persona does not affect the criminal liability of the offender. But if the crime committed was different
from the crime intended, Article 49 will apply and the penalty for the lesser crime will be applied. In a way,
mistake in identity is a mitigating circumstance where Article 49 applies. Where the crime intended is more
serious than the crime committed, the error in persona is not a mitigating circumstance
2. Mistake in blow – hitting somebody other than the target due to lack of skill or fortuitous
instances (this is a complex crime under Art. 48) e.g., B and C were walking together. A
wanted to shoot B, but he instead injured C.
In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim, that blow
landed on somebody else. In aberratio ictus, the intended victim as well as the actual victim are both at the
scene of the crime.
aberratio ictus, generally gives rise to a complex crime. This being so, the penalty for the more serious
crime is imposed in the maximum period.
3. Injurious result is greater than that intended – causing injury graver than intended or expected
(this is a mitigating circumstance due to lack of intent to commit so grave a wrong under Art.
13) e.g., A wanted to injure B. However, B died.
praeter intentionem is mitigating, particularly covered by paragraph 3 of Article 13. In order however,
that the situation may qualify as praeter intentionem, there must be a notable disparity between the means
employed and the resulting felony
In all these instances the offender can still be held criminally liable, since he is motivated by
criminal intent.
1. the felony was intentionally committed
2. the felony is the proximate cause of the wrong done
Doctrine of Proximate Cause – such adequate and efficient cause as, in the natural order of
events, and under the particular circumstances surrounding the case, which would necessarily
produce the event.

the direct, natural, and logical cause
produces the injury or damage
unbroken by any sufficient intervening cause
without which the result would not have occurred



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Proximate Cause is negated by:
1. Active force, distinct act, or fact absolutely foreign from the felonious act of the accused, which
serves as a sufficient intervening cause.
2. Resulting injury or damage is due to the intentional act of the victim.
proximate cause does not require that the offender needs to actually touch the body of the offended party. It
is enough that the offender generated in the mind of the offended party the belief that made him risk himself.
Requisite for Presumption blow was cause of the death – Where there has been an injury inflicted
sufficient to produce death followed by the demise of the person, the presumption arises that
the injury was the cause of the death. Provided:
1. victim was in normal health
2. death ensued within a reasonable time
The one who caused the proximate cause is the one liable. The one who caused the immediate cause is also
liable, but merely contributory or sometimes totally not liable.
2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means.

Act would have been an offense against persons or property
Act is not an actual violation of another provision of the Code or of a special penal law
There was criminal intent
Accomplishment was inherently impossible; or inadequate or ineffectual means were

1. Offender must believe that he can consummate the intended crime, a man stabbing another
who he knew was already dead cannot be liable for an impossible crime.
2. The law intends to punish the criminal intent.
3. There is no attempted or frustrated impossible crime.
Felonies against persons: parricide, murder, homicide, infanticide, physical injuries, etc.
Felonies against property: robbery, theft, usurpation, swindling, etc.
Inherent impossibility: A thought that B was just sleeping. B was already dead. A shot B. A is
liable. If A knew that B is dead and he still shot him, then A is not liable.
When we say inherent impossibility, this means that under any and all circumstances, the crime could not
have materialized. If the crime could have materialized under a different set of facts, employing the same mean
or the same act, it is not an impossible crime; it would be an attempted felony.
Employment of inadequate means: A used poison to kill B. However, B survived because A used



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small quantities of poison – frustrated murder.
Ineffectual means: A aimed his gun at B. When he fired the gun, no bullet came out because the
gun was empty. A is liable.
Whenever you are confronted with a problem where the facts suggest that an impossible crime was
committed, be careful about the question asked. If the question asked is: “Is an impossible crime committed?”,
then you judge that question on the basis of the facts. If really the facts constitute an impossible crime, then
you suggest than an impossible crime is committed, then you state the reason for the inherent impossibility.
If the question asked is “Is he liable for an impossible crime?”, this is a catching question. Even though
the facts constitute an impossible crime, if the act done by the offender constitutes some other crimes under the
Revised Penal Code, he will not be liable for an impossible crime. He will be prosecuted for the crime
constituted so far by the act done by him.
this idea of an impossible crime is a one of last resort, just to teach the offender a lesson because of his
criminal perversity. If he could be taught of the same lesson by charging him with some other crime
constituted by his act, then that will be the proper way. If you want to play safe, you state there that although
an impossible crime is constituted, yet it is a principle of criminal law that he will only be penalized for an
impossible crime if he cannot be punished under some other provision of the Revised Penal Code.
Art 5. Whenever a court has knowledge of any act which it may deem proper to repress and
which is not punishable by law, it shall render the proper decision and shall report to the Chief
Executive, through the Department of Justice, the reasons which induce the court to believe that
said act should be made subject of legislation.
In the same way the court shall submit to the Chief Executive, through the Department of
Justice, such statement as may be deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into consideration the degree of malice and the
injury caused by the offense.
When a person is charged in court, and the court finds that there is no law applicable, the court will
acquit the accused and the judge will give his opinion that the said act should be punished.
Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and
illegal possession of firearms or drugs. There can be no executive clemency for these crimes.
Art. 6. Consummated felonies, as well as those which are frustrated and attempted, are
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts of
execution which would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.


) Impossible Crimes Crimes consummated by mere attempt. slander. corruption of minors. adultery. usually not punishable 2. Examples: betting in sports (endings in basketball).12/26/13 public international law | Search Results | Philippine Law Reviewers Development of a crime 24/143 .g. Crimes committed by mere agreement. External acts 1. Formal crimes (e. 4. corruption of public officers. etc. Internal acts – intent and plans. unless the otherwise is provided for.. 3. Desistance lawphilreviewer. Examples: attempt to flee to an enemy country. Felonies by omission 6. 5. Offenses punishable by Special Penal Laws. Preparatory Acts – acts tending toward the crime 2. treason. Acts of Execution – acts directly connected the crime Stages of Commission of a Crime Attempt Frustrated Consummated Overt acts of execution are started Not all acts of execution are present Due to reasons other than the spontaneous desistance of the perpetrator All acts of execution are present Crime sought to be committed is not achieved Due to intervening causes independent of the will of the perpetrator All the acts of execution are present The result sought is achieved Stages of a Crime does not apply in: 1. 2.wordpress.

it is either already frustrated or 25/143 . If under the definition of the felony. B’s house was set on fire by A – (consummated) arson.12/26/13 public international law | Search Results | Philippine Law Reviewers Desistance on the part of the offender negates criminal liability in the attempted stage. 9. if he could have continued committing those acts but he himself did not proceed because he believed that he had done enough to consummate the crime. but he returned it. B managed to escape. A was caught before he could leave B’s house – frustrated robbery. 6. the act done is already in the frustrated stage. 10. A doused B’s house with kerosene. he was caught – attempted arson. B threw away his food. Applications: 1. A is liable – (consummated) theft. it is consummated. the crime has already passed the subjective phase and.[2] The attempted stage is said to be within the subjective phase of execution of a felony. 3. Desistance is true only in the attempted stage of the felony. 4. no amount of desistance will negate criminal liability. A aimed his gun at B. A tried to rape B. Supreme Court said the subjective phase has passed NOTES ON ARSON. Even though there was desistance on the part of the offender. A put poison in B’s food. it is no longer attempted. B managed to survive – frustrated murder. A is liable – attempted murder. 2. 7. that offender will still be criminally liable for the felony brought about his act In deciding whether a felony is attempted or frustrated or consummated. A cause a blaze. and (3) The nature of the crime itself. C held A’s hand and prevented him from shooting B – attempted murder.[1] A stole B’s car. A missed – attempted murder. If he has reached that point where he can no longer control the ensuing consequence. If the felony does not follow as a consequence. therefore. There was no penetration – attempted rape. But before he could light the match. if the desistance was made when acts done by him already resulted to a felony. (2) The elements of the crime. The moment the execution of the crime has already gone to that point where the felony should follow as a consequence. 5. it is that point in time when the offender begins the commission of an overt act until that point where he loses control of the commission of the crime already. A got hold of B’s painting.wordpress. The spontaneous desistance of the offender negates only the attempted stage but not necessarily all criminal liability. it is already frustrated. although the offender may not have done the act to bring about the felony as a consequence. On the subjective phase. there are three criteria involved: (1) The manner of committing the crime. lawphilreviewer. If the felony follows as a consequence. A intended to kill B by shooting him. 8. A inflicted a mortal wound on B. but did not burn the house of B – frustrated arson.

the crime is only attempted. accessories are lawphilreviewer. do not talk of damage. as a consequence. homicide or murder as a result. The reason is that the wound inflicted is not capable of bringing about the desired felony of parricide. The reason is because we can hardly determine whether the offender has performed all the acts of execution that would result in arson. he does not take it. the recipient may be committing theft. the acts already done by him must produce or be capable of producing a felony as a consequence. 7. Art. Light felonies are punishable only when they have been consummated with the exception of those committed against persons or property. If the wound is not mortal. if what was transferred to him was only the physical or material possession of the object. even though no mortal wound was inflicted. murder or homicide as a consequence. the participants are punished as principals. not estafa. On the other hand. arson is consummated. But in receiving the property. This notion is no longer absolute. such co-conspirator should be punished as an accomplice only. every stage of execution is punishable but only the principals and accomplices are liable for light felonies. It is enough that any part of the premises. the Supreme Court ruled that even though there was conspiracy.12/26/13 public international law | Search Results | Philippine Law Reviewers The weight of the authority is that the crime of arson cannot be committed in the frustrated stage. In the same manner that when you are discussing the crime of theft. has begun to burn. do not talk about intent to 26/143 . and murder – in the definition of the frustrated stage. The Supreme Court has decided cases which applied the subjective standard that when the offender himself believed that he had performed all the acts of execution. When you are discussing estafa. unless a part of the premises has started to burn. THEFT In estafa. Nierra.wordpress. This is because consummated arson does not require that the whole of the premises be burned. In the case of People v. the crime could be carried out as well. Under the definition of the frustrated stage. Nature of the crime itself In crimes involving the taking of human life – parricide. because it is only then that death will follow. In commission of crimes against properties and persons. malicious mischief. no matter how small. the offender receives the property. to consider the offender as having performed all the acts of execution. homicide. it is indispensable that the victim be mortally wounded. in law. theft. the moment a particle or a molecule of the premises has blackened. it cannot be said that the offender has performed all the acts of execution which would produce parricide. and intriguing against honor. An exception to the general rule is the so-called subjective phase. Examples of light felonies: slight physical injuries. if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts. The general rule is that there must be a fatal injury inflicted. ESTAFA VS. alteration of boundary marks. The common notion is that when there is conspiracy involved. such that even without his cooperation. the act is already in the frustrated stage. It can only be estafa if what was transferred to him is not only material or physical possession but juridical possession as well.

rebellion. the conspiracy will be considered as a means of committing it and the accused will all be charged for treason and not for conspiracy to commit treason. if the treason is actually 27/143 . rebellion or insurrection. lawphilreviewer. and monopolies and combinations in restraint of trade. Even then. 186). In both cases there is an agreement but mere conspiracy to commit a crime is not punished EXCEPT in treason. Conspiracy and Proposal to Commit a Crime Conspiracy Elements Crimes Proposal Agreement among 2 or more persons to commit a crime They decide to commit it A person has decided to commit a crime He proposes its commission to another 1. or sedition. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefore. 306).wordpress. Conspiracy is punishable in the following cases: treason. Conspiracy to commit a crime is not to be confused with conspiracy as a means of committing a crime. and brigandage (Art. 8.12/26/13 public international law | Search Results | Philippine Law Reviewers not. Proposal to commit rebellion Mere conspiracy in combination in restraint of trade (Art. Conspiracy to commit treason 4. sedition. Proposal to commit treason 5. Two ways for conspiracy to exist: (1) There is an agreement. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy to commit sedition 2. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Conspiracy to commit rebellion 3. Art.

The exception to this is if such person who did not appear was the mastermind. but he tried to prevent the commission of the crime. All that there is the agreement. all of them shall be held liable. not by conjectures or speculations. anyone who did not appear shall be presumed to have desisted. rebellion.12/26/13 public international law | Search Results | Philippine Law Reviewers (2) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. the fact that their acts complimented each other is indicative of the meeting of the minds. no overt act is necessary to bring about the criminal liability. however. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. There is an implied agreement. For as long as none of the conspirators has committed an overt act. otherwise. Treason. there must be an overt act done before the co-conspirators become criminally liable. it must be established by positive and conclusive evidence. there is no crime yet. this cannot be inferred or deduced because there is no overt act. and coup d’etat are the only crimes where the conspiracy and proposal to commit to them are punishable. As a general rule. but he tried to prevent the commission of the crime As a general rule. For as long as none of the conspirators has committed an overt act. if there has been a conspiracy to commit a crime in a particular place. the crime would no longer be the conspiracy but the overt act itself. if there has been a conspiracy to commit a crime in a particular place. The exception to this is if such person who did not appear was the mastermind. The mere conspiracy is the crime itself.wordpress. But when one of them commits any overt act. and (2) Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime. the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. This is only true when the law expressly punishes the mere conspiracy. conspiracy as a crime. must have a clear and convincing evidence of its existence. unless a co-conspirator was absent from the scene of the crime or he showed up. coordinated manner. anyone who did not appear shall be presumed to have desisted. When the conspiracy is only a basis of incurring criminal liability. But when one of them commits any overt act. all of them shall be held liable. When the conspiracy itself is a crime. Two kinds of conspiracy: (1) Conspiracy as a crime. lawphilreviewer. Every crime must be proved beyond reasonable 28/143 . On the other hand. unless a co-conspirator was absent from the scene of the crime or he showed up. sedition. there is no crime yet. When the conspiracy is just a basis of incurring criminal liability. the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act. if the co-conspirator or any of them would execute an overt act. When several offenders act in a synchronized.

Conspiracy is a matter of substance which must be alleged in the information. consist of more than one crime but in the eyes of the law. in the eyes of the law. This happens when the crime agreed upon and the crime committed by one of the co-conspirators are distinct crimes. lawphilreviewer. Art. Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal.wordpress. even though the coconspirator performed different acts bringing about the composite crime. This principle applies only to the crime agreed upon. As a general rule. there is only one crime. or approval of the act. agreement to cooperate. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their are afflictive. without cooperation or at least. In case the crime committed is a composite crime. when there is conspiracy. A conspiracy is possible even when participants are not known to each other. Composite crimes Composite crimes are crimes which. There must be an intentional participation in the crime with a view to further the common felonious objective. Once the proposal was accepted. SEDITION. Proposal is unilateral. But if Union B accepts the proposal. All will be liable for the consequences. it requires two parties. acquiescence to. 9. there will be conspiracy to commit sedition which is a crime under the Revised Penal Code. in substance. all will be liable for such 29/143 . The exception is if any of the co-conspirator would commit a crime not agreed upon. This is because. the crimes of robbery with homicide. all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. the act of one is the act of all. regardless of the degree of injury inflicted by any one of them. otherwise. Proposal to commit sedition is not a crime. robbery with rape. When several persons who do not know each other simultaneously attack the victim. the rule is that the act of one is the act of all. one party makes a proposition to the other. For example. the court will not consider the same. a conspiracy arises.12/26/13 public international law | Search Results | Philippine Law Reviewers mere knowledge. in accordance with the above-mentioned article. They can only evade responsibility for any other crime outside of that agreed upon if it is proved that the particular conspirator had tried to prevent the commission of such other act. is not enough to constitute a conspiracy. conspiracy is bilateral. in accordance with Article 25 of this Code. Exception to the exception: In acts constituting a single indivisible offense. the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. robbery with physical injuries. Do not think that participants are always known to each other.

Penalties (imprisonment): Grave – six years and one day to reclusion perpetua (life). Felonies are classified as follows: (1) According to the manner of their commission Under Article 3. 6 and 9. stages and the penalty attached to them. less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional. felonies are classified as grave felonies or those to which attaches the capital punishment or penalties which in any of their periods are afflictive. Therefore. reckless imprudence.12/26/13 public international law | Search Results | Philippine Law Reviewers Light felonies are those infractions of law for the commission of which he penalty of arresto mayor or a fine not exceeding 200 pesos. That was not what the examiner had in mind because the question does not require the candidate to classify but also to define. frustrated felony when the offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator.wordpress. Take note that when the Revised Penal Code speaks of grave and less grave felonies. and light felonies or those infractions of law for the commission of which the penalty is arresto menor. the examiner was after the classifications under Articles 3. CLASSIFICATION OF FELONIES This question was asked in the bar examination: How do you classify felonies or how are felonies classified? What the examiner had in mind was Articles 3. lawphilreviewer. lack of foresight or lack of skill. Why is it necessary to determine whether the crime is grave. Less grave – one month and one day to six 30/143 . the definition makes a reference specifically to Article 25 of the Revised Penal Code. less grave or light? To determine whether these felonies can be complexed or not. and culpable felonies or those resulting from negligence. or both is provided. (3) According to their gravity Under Article 9. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.. Do not omit the phrase “In accordance with Article 25” because there is also a classification of penalties under Article 26 that was not applied. Do not write the classification of felonies under Book 2 of the Revised Penal Code. In other words. 6 and 9. felonies are classified as attempted felony when the offender commences the commission of a felony directly by overt acts. intentional felonies or those committed with deliberate intent. Capital punishment – death penalty. these are felonies classified according to their gravity. consummated felony when all the elements necessary for its execution are present. and to determine the prescription of the crime and the prescription of the penalty. Light – arresto menor (one day to 30 days). and. they are classified as. (2) According to the stages of their execution Under Article 6.

For example. 22 Retroactivity of Penal laws if favorable to the accused 3. it is only considered a light felony under Article 9. the fine of P200.00 is considered a correctional penalty under Article 26. It is considered as correctional penalty and it prescribes in 10 years. etc. do not give suppletorily application of the Revised Penal Code to that of special law. lawphilreviewer.00. 16 Participation of Accomplices 2. If the offender is apprehended at any time within ten years. because Article 100 of the Revised Penal Code may be given suppletory application to prevent an injustice from being done to the offended party. a special law punishes a certain act as a crime. This classification of felony according to gravity is important with respect to the question of prescription of crimes. unless the latter should specially provide the contrary. which prescribes in five years. 45 Confiscation of instruments used in the crime SUPPLETORY APPLICATION OF THE REVISED PENAL CODE In Article 10. No penalty for an accessory or accomplice. You will only apply the provisions of the Revised Penal Code as a supplement to the special law. Art. If the penalty is exactly P200. except arresto mayor. if needed to avoid an injustice. In the case of light felonies. No minimum. it prescribes in ten years. he can be made to suffer the fine. unless otherwise stated. This Code shall be supplementary to such laws.12/26/13 public international law | Search Results | Philippine Law Reviewers If the penalty is fine and exactly P200. Art. unless otherwise stated. If the crime is correctional. Plea of guilty is not mitigating for offenses punishable by special laws. If no justice would result. if he would not be indemnified for the damages or injuries sustained by him. considering that the special law is silent on this point? Yes. Provisions of RPC applicable to special laws: 1. 10.wordpress. Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. Here is a person who violated the special law and he was prosecuted. apply Article 26. If the fine is imposed as an alternative penalty or as a single penalty. there is a reservation “provision of the Revised Penal Code may be applied suppletorily to special laws”. Offenses that are attempted or frustrated are not punishable. May the court pronounce that he is civilly liable to the offended party. That article shall be applied suppletory to avoid an injustice that would be caused to the private offended party. The special law is silent as to the civil liability of one who violates the same.00. Art. crimes prescribe in two 31/143 . Art. and not reclusion perpetua. and maximum periods for penalties. His violation caused damage or injury to a private party. medium. Article 100 states that every person criminally liable for a felony is also civilly liable. or simply correlate the violated special law. For Special Laws: Penalties should be imprisonment.

and (2) Extenuating circumstances. because violations of the Revised Penal Code are more serious than a violation of a special law. the crime of cattle-rustling is not a mala prohibitum but a modification of the crime theft of large cattle. 6425 (The Dangerous Drugs Act of 1972) by Republic Act No. But do not think that when a crime is punished outside of the Revised Penal Code. The amendments of Presidential Decree No. So Presidential Decree No. it was held that the use of arms is an element of rebellion. Rodriguez. In justifying and exempting circumstances. punishing cattle-rustling. Presidential Decree No. (2) Exempting circumstances. Martinada. The stages of the commission of felonies will also apply since suppletory application is now allowed. 7659. When an accused invokes them. It can absorb the crime of murder. he in effect admits the commission of a crime but tries to avoid the liability thereof. Exempting circumstances may be invoked in culpable felonies. the use of firearms is not an ingredient of the crime. 6425 does not expressly prohibit the suppletory application of the Revised Penal Code. But a crime in the Revised Penal Code can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the Revised Penal Code In the crime of sedition. two prosecutions can be had: (1) sedition. and (2) illegal possession of firearms. not the burden of proof. If in the course of cattle rustling. it is already a special law. There are two others which are found elsewhere in the provisions of the Revised Penal Code: (1) Absolutory cause. The burden is upon him to establish beyond reasonable doubt the required conditions to justify or exempt his acts from criminal liability. there is no criminal liability. A violation of a special law can never absorb a crime punishable under the Revised Penal Code.12/26/13 public international law | Search Results | Philippine Law Reviewers In People v. which adopted the scale of penalties in the Revised Penal Code.wordpress. What is shifted is only the burden of evidence. This was the ruling in People v. the offender cannot be prosecuted for murder. Justifying circumstances contemplate intentional acts and. means that mitigating and aggravating circumstances can now be considered in imposing penalties. Circumstances affecting criminal liability There are five circumstances affecting criminal liability: (1) Justifying circumstances. (3) Mitigating circumstances. (4) Aggravating circumstances. lawphilreviewer. murder was committed. For example. and (5) Alternative circumstances. so a rebel cannot be further prosecuted for possession of firearms. is not a special law. Hence. 32/143 . are incompatible with dolo. Murder would be a qualifying circumstance in the crime of qualified cattle rustling. hence.

liability therefor is extinguished if death occurs before final judgment. legitimate. descendant. Service of the sentence. lawphilreviewer. Under Article 344. 33/143 . or relatives by affinity within the same degrees with the exception of accessories who profited themselves or assisting the offender to profit by the effects of the crime. Absolutory cause has the effect of an exempting circumstance and they are predicated on lack of voluntariness like instigation. the marriage of the offended party shall extinguish the criminal action. do not talk of instigation. Amnesty. Do not consider culpa in connection with instigation. Instigation is associated with criminal intent. Under Article 332. and Marriage of the offended woman as provided in Article 344. Under Article 219. ascendant. It has the same effect as an exempting circumstance. natural and adopted brothers and sisters. before such property had passed on to the possession of third parties. ascendants. brother and sister-in-law living together or where in case the widowed spouse and the property involved is that of the deceased spouse. abduction. swindling and malicious mischief. acts of lasciviousness. in cases of seduction. Prescription of the crime. the crime is committed with dolo. a legally married person who kills or inflicts physical injuries upon his or her spouse whom he surprised having sexual intercourse with his or her paramour or mistress in not criminally liable. Under Article 247. In instigation. Article 20 provides that the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. If the crime is culpable.12/26/13 public international law | Search Results | Philippine Law Reviewers Absolutory cause The effect of this is to absolve the offender from criminal liability. in the case of theft. although not from civil liability. Prescription of the penalty. but you do not call it as such in order not to confuse it with the circumstances under Article 12. It is confused with entrapment. when the offender and the offended party are related as spouse. descendants. and rape. there is no criminal liability but only civil liability. Absolute pardon. and as to pecuniary penalties. Article 89 provides how criminal liability is extinguished: Death of the convict as to the personal penalties. discovering secrets through seizure of correspondence of the ward by their guardian is not penalized.wordpress.

the offender simply acts as a tool of the law enforcers and. Difference between instigation and entrapment In instigation.12/26/13 public international law | Search Results | Philippine Law Reviewers Entrapment is not an absolutory cause. The offender is acting without criminal intent. Somnambulism is an absolutory cause. It did not emanate from the mind of the law enforcer entrapping him. In entrapment. he would not have done the criminal act which he did upon instigation of the law enforcers. he is acting without criminal intent because without the instigation. unaware of what he is doing. this is not a case of instigation. Mistake of fact is an absolutory cause. Instigation absolves the person instigated from criminal liability. without which he would not have been a criminal. there is no criminal liability. This is based on the rule that a person cannot be a criminal if his mind is not criminal. If the instigator is a law enforcer. the person entrapped should not know that the person trying to entrap him was a law enforcer. both will be criminally liable. If element of voluntariness is absent. the criminal plan or design exists in the mind of the law enforcer with whom the person instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of the law enforcer in the performance of his duties. In case of somnambulism or one who acts while sleeping. It would be contrary to public policy to prosecute a citizen who only cooperated with the law enforcer. The idea is incompatible with each other because in entrapment. Entrapment involves only ways and means which are laid down or resorted to facilitate the apprehension of the culprit. a criminal design is already in the mind of the person entrapped. But instigation absolves the offender from criminal liability because in instigation. The element which makes instigation an absolutory cause is the lack of criminal intent as an element of voluntariness. the person entrapped is actually engaged in a violation of the law. entrapment is not an absolutory cause. although there is civil liability. So in mistake of fact. the person instigated cannot be criminally liable. In instigation. the private citizen only cooperates with the law enforcer to a point when the private citizen upon instigation of the law enforcer incriminates himself. but even without those ways and means. If the instigator is not a law 34/143 . therefore. the person entrapped is actually committing a crime. because it is the law enforcer who planted that criminal mind in him to commit the crime. It is not even mitigating. it lawphilreviewer. The officer who entrapped him only lays down ways and means to have evidence of the commission of the crime. both will be criminally liable. in entrapment. If the person instigated does not know that the person is instigating him is a law enforcer or he knows him to be not a law enforcer. So the element of voluntariness which is necessary in dolo and culpa is not present. you cannot have a case of instigation. On the other hand. He is moving like a robot. he believes that it is a civil duty to cooperate. the person involved is definitely acting without freedom and without sufficient intelligence. because he is asleep. On the other hand. and if the circumstance is not among those enumerated in Article 12.wordpress. The private citizen believes that he is a law enforcer and that is why when the law enforcer tells him. This is a case of inducement. Entrapment does not exempt the offender or mitigate his criminal liability. refer to the circumstance as an absolutory cause.

The offender must believe he is performing a lawful act. there is no (4) Since there is no crime or criminal. there is no crime. hence.wordpress. Mother killing her new born child to conceal her dishonor. at the time she was abandoned by her husband. Illustrations: An unwed mother killed her child in order to conceal a dishonor. that of suffering from an illness which diminishes the exercise of his will power without. it is legitimate and lawful in the eyes of the law. If not. this act is justified. depriving him of the consciousness of his act. Abandonment by the husband does not justify the act of the woman. One who is a kleptomaniac and who would steal objects of his desire is criminally liable. Since there is a material lowering of the penalty or mitigating the penalty. there is no criminal liability as well as civil liability. because there is no mistake of fact anymore. It only extenuates or reduces criminal liability. lawphilreviewer. there is criminal liability. The effect is to mitigate the criminal liability. this is an extenuating circumstance. this has the same effect as mitigating circumstances.12/26/13 public international law | Search Results | Philippine Law Reviewers is necessary that had the facts been true as the accused believed them to be. So this is an extenuating circumstance. Extenuating circumstances The effect of this is to mitigate the criminal liability of the offender. not the actor. The concealment of dishonor is an extenuating circumstance insofar as the unwed mother or the maternal grandparents is concerned. In the crime of adultery on the part of a married woman abandoned by her husband. (3) criminal. When the effect of the circumstance is to lower the penalty there is an extenuating circumstance. but not insofar as the father of the child is concerned. however. only you do not call it mitigating because this is not found in Article 13. A kleptomaniac is one who cannot resist the temptation of stealing things which appeal to his desire. (2) The act complained of is considered to have been done within the bounds of law. Since the act is considered lawful. This is not 35/143 . is it necessary for her to seek the company of another man. The concealment of honor by mother in the crime of infanticide is an extenuating circumstance but not in the case of parricide when the age of the victim is three days old and above. and because there is no crime. penalty is lowered by two degrees. But he would be given the benefit of a mitigating circumstance analogous to paragraph 9 of Article 13. Distinctions between justifying circumstances and exempting circumstances In justifying circumstances – (1) The circumstance affects the act. In other words.

Chapters One and Three. Book II of the Revised Penal Code.10 Leave a Comment Political Law (Constitutional Law) – Article XIII DEC 20 Posted by Magz ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS lawphilreviewer. it is confession and avoidance and burden of proof shifts to the accused and he can no longer rely on weakness of prosecution’s evidence. These crimes are found in Articles 248 and 249. Reference: Criminal Law Book 1 Reviewer Ateneo Central Bar Operations 2001 Posted in Criminal Law Tags: Criminal Law Book 1 Articles 1 . not the act. Book II of the Revised Penal Code. [1]The difference between murder and homicide will be discussed in Criminal Law II. These crimes are found in Title Ten. there is neither criminal nor civil liability. but the actor acted without voluntariness. But there is no criminal liability. there is civil liability for the wrong done. there is a crime.wordpress. (3) Since the act complained of is actually 36/143 . He is a mere tool or instrument of the crime.12/26/13 public international law | Search Results | Philippine Law Reviewers In exempting circumstances – (1) The circumstances affect the actor. (4) Since there is a crime committed but there is no criminal. there is absence of dolo or culpa. But because the actor acted without voluntariness. [2] The difference between theft and robbery will be discussed in Criminal Law II. (2) The act complained of is actually wrongful. There is no criminal. However. When you apply for justifying or exempting circumstances. in paragraphs 4 and 7 of Article 12.


public international law | Search Results | Philippine Law Reviewers

Social Justice
1) Social justice in the Constitution is principally the embodiment of the principle that those who
have less in life should have more in law.
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks
not only economic social justice but also political social justice.

Principal activities in order to achieve social justice
1) Creation of more economic opportunities and more wealth; and
2) Closer regulation of the acquisition, ownership, use and disposition of property in order to
achieve a more equitable distribution of wealth and political power.

Section 3 of Article XIII elaborates on the provision in Article II by specifying who are
protected by the Constitution, what rights are guaranteed, and what positive measures the
state should take in order to enhance the welfare of labor.

Right to organize and to hold peaceful concerted activities
Ø The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC
Ø The workers have a right to hold peaceful concerted activities except the right to strike,
which is subject to limitation by law.

Right to participate in the decision making process of employers



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The workers have the right to participate on matters affecting their rights and benefits, “as may be
provided by law”. This participation can be through

collective bargaining agreements,


grievance machineries,


voluntary modes of settling disputes, and


conciliation proceedings mediated by government.

Agrarian Reform
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and
3) a just share of other or seasonal farmworkers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain
To the extent that the law prescribes retention limits for landowners, there is an exercise of
police power. But where it becomes necessary to deprive owners of their land in excess of the
maximum allowed there is compensable taking and therefore the exercise of eminent domain.

Reach of agrarian reform
It extends not only to private agricultural lands, but also to “other natural resources,” even
including the use and enjoyment of “communal marine and fishing resources” and “offshore
fishing grounds”.

The Commission on Human Rights



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1) Chairman; and
2) 4 members
1) Natural-born citizens of the Philippines;
2) Majority of the Commission must be members of the Philippine Bar;
3) Term of office, other qualifications and disabilities shall be provided by law;
4) The appointment of the CHR members is NOT subject to CA confirmation; and
5) The CHR is not of the same level as the COMELEC, CSC, or COA.
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations.
D. They cannot investigate cases where no rights are violated.
E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction
therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all persons,
within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures
and legal aid services to the underprivileged whose human rights have been violated or need
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute
these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights
violators. These must be obtained from the regular courts.


bureau. Evelyn. 11) Appoint its officers and employers in accordance with law. office.12/26/13 public international law | Search Results | Philippine Law Reviewers 5) Exercise visitorial powers over jails.Article XIII Leave a Comment Political Law (Constitutional Law) – Article VIII DEC 20 Posted by Magz ARTICLE VIII. Ronald Posted in Constitutional Law.wordpress. 9) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any CHR investigation. prisons and other detention facilities. 10) Request assistance from any department. 1. Carrie. Thel. 6) Establish continuing programs for research. JUDICIAL POWER lawphilreviewer. education and information in order to enhance respect for the primacy of human rights. or agency in the performance of its functions. 40/143 . 7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families. 8) Monitor compliance by the government with international treaty obligations on human rights. THE JUDICIAL DEPARTMENT Sec. 12) Perform such other functions and duties as may be provided for by law Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. Political Law Tags: Political Law (Constitutional Law) .

The courts cannot be asked for advisory opinions. or in which full discretionary authority has been delegated to a co-equal branch of the Government. An actual controversy with legally demandable and enforceable rights. for these questions have been vested by the Constitution in the Executive and Legislative Departments. Without any laws from which rights arise and which are violated. 2.12/26/13 public international law | Search Results | Philippine Law Reviewers Scope: 1. there can be no recourse to the courts. 2. Thus. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. courts may neither attempt to assume or be compelled to perform non-judicial functions. and 2. Political Questions: 1. 2. lawphilreviewer. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. 4. 2. Defining enforceable and demandable rights and prescribing remedies for violations of such rights. Since the courts are given ‘judicial power’ and nothing more. 3. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable. A ‘political question’ is one the resolution of which has been vested by the Constitution exclusively in either the people. ROLES OF CONGRESS 1. and 1. Involving real parties in interest. 7. Sec. Judicial power cannot be exercised in vacuum. while courts can determine questions of legality with respect to governmental action. 3. To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. in the exercise of their sovereign capacity. The exercise of such power will bind the parties by virtue of the court’s application of existing laws. Judicial power includes: 1. In order that courts may exercise this power. they cannot review government policy and the wisdom thereof. Vested in the Supreme Court and such lower courts as may be established by law. there must exist the following: 41/143 . 6. 5.wordpress.

wordpress. 2. then it is VALID. Natural born citizen of the Philippines 2. At least 15 years of experience as a judge or in the practice of law in the Philippines 4. 4-7. (same rule applies for civil servants) Sec. 2. The entire judiciary shall enjoy fiscal autonomy. Creation and abolition of courts: 1. Secs. FISCAL AUTONOMY 1. integrity. CTA.12/26/13 public international law | Search Results | Philippine Law Reviewers 3. Congress has the power to define. Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. Once approved. BUT. Chief Justice and 2. Sandiganbayan) 1. Thus. At least 40 years old 3. Qualifications of members of lower collegiate courts (CA. 14 Associate Justices Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. 3. If the abolition/re-organization is done in good faith and not for political or personal reasons. 3. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year. 3. Possesses other qualifications prescribed by Congress 4. 42/143 . The power to create courts implies the power to abolish and even re-organize courts. Qualifications of members of the SC: 1. probity and independence. prescribe and apportion the jurisdiction of various courts. Member of the Philippine bar 3. integrity. 12 JUDICIARY Composition of the Supreme Court: 1. Person of proven competence. probity and independence. Natural born citizen of the Philippines 2. 2. 1. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. Person of proven competence. appropriations shall be automatically and regularly released.

Appointments to the Judiciary 1. Exercise such other functions as the SC may assign to it. 3. No CA confirmation is needed for appointments to the Judiciary. as ex-officio chairman Secretary of Justice. Cannot be decreased during their continuance in office. 43/143 . as an ex-officio member Representative of the Integrated Bar A professor of law A retired member of the SC. SALARIES 1. 3. Person of proven competence. 10. 7.wordpress. Citizen of the Philippines (may be a naturalized citizen) 2. C. Principal function: recommend appointees to the Judiciary 2. lawphilreviewer. Section 8. Chief Justice. as an ex-officio member Representative of Congress. probity and independence. 5. 2. B. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. 3. JUDICIAL AND BAR COUNCIL 1. Members of the Judiciary are NOT exempt from payment of income tax. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list. Member of the Philippine Bar 3. President shall appoint from a list of at least 3 nominees for each vacancy. 4. 2. The Judicial and Bar Council is under the supervision of the SC. Possesses other qualifications prescribed by Congress 4. Functions of JBC 1. Salaries of SC Justices and judges of lower courts shall be fixed by law. and Private sector representative Note: The last four re the regular members of the JBC. Regular members are appointed by the President with CA approval. with staggered terms. Is under the supervision of the Supreme Court and is composed of: 1.12/26/13 public international law | Search Results | Philippine Law Reviewers Qualifications of judges of lower non-collegiate courts: 1. Regular members serve for 4 years. 4. integrity. but can be increased. 6. 2. as prepared by the JBC. A.

11. TENURE/DISCIPLINARY POWERS OF SC 1. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted 44/143 . International or executive agreement or c. From the Constitutional Commissions 3. All cases involving constitutionality of a/an: a. b. or b. Appeals from Sandiganbayan. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts. Divisions of 3. Secs. 3. Cannot be disbarred while they hold office. Proclamations lawphilreviewer.12/26/13 public international law | Search Results | Philippine Law Reviewers Sec. They become incapacitated to discharge their duties. Presidential decrees b. Cases required to be heard en banc: 1. 2. Removal of SC Justices: a. All cases required to be heard en banc under the Rules of Court: a. Only by IMPEACHMENT.wordpress. or 7. Treaty b. or 2. 5. Law. application or operation of a. 4-6. b. Members of the SC and judges of the lower courts hold office during good behavior until a. 13. 2. All cases involving the constitutionality. and b. En banc. The age of 70 years old. Disciplinary action against judges of lower courts: a. THE SUPREME COURT Hearing of cases: 1.

other public ministers and consuls. SC has ORIGINAL jurisdiction over 45/143 . Cases affecting ambassadors. mandamus. stationed in the Philippines. Cases heard by division 1. b. 5.. All cases involving the legality of any lawphilreviewer. and 7. and f. Other regulations. or regulation.12/26/13 public international law | Search Results | Philippine Law Reviewers c. 5. 4. Ordinances. 2. quo warranto. Cases heard by a division where required majority of 3 was not obtained. Election contests for President and Vice-President. SC has APPELLATE jurisdiction over final judgments and orders in the following: a. Majority vote in a division should be at least 3 members. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon. 8. 7.wordpress. Petitions for certiorari. 2. 6. Instructions e. Orders d. etc. treaty international or executive agreement law presidential decree proclamation order instruction ordinance. 3. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. 9. Note: This refers to foreign ambassadors. All cases involving the constitutionality or validity of any 1. 2. Administrative cases to discipline or dismiss judges of lower courts. prohibiton. 6. b. 4. and habeas corpus. Powers of the SC 1.

lawphilreviewer. The protection and enforcement of constitutional rights. 7. and e. It should not diminish. c. It should be uniform for all courts of the same grade. practice and procedure in all courts. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties. All cases where ONLY errors or questions of law are involved. 6. Reached in consultation before being assigned to a member for the writing of the opinion. Order a change of venue or place of trial to avoid a miscarriage of justice. increase. Appoint ALL officials and employees of the Judiciary. Legal assistance to the underprivileged. b. and e. b. 4. in accordance with Civil Service Law. Temporarily assign lower court judges to other stations in the public interest. 4. 3. Pleading. 5. All cases in which the jurisdiction of any lower court is in issue d. Limitations on Rule Making Power a.12/26/13 1. c. Admission to the practice of law. It should provide a simplified and inexpensive procedure for the speedy disposition of cases. public international law | Search Results | Philippine Law Reviewers tax impost assessment or toll or any penalty imposed in relation 46/143 . or modify substantive rights. 2. Exercise administrative supervision over ALL courts and the personnel thereof. The Integrated Bar. Decisions of the Supreme Court: 1.wordpress. 2. Criminal cases where the penalty imposed is reclusion perpetua or higher. Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned. 5. d. Promulgate rules concerning: a. 3. c.

and thus. 2. 4. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal. direct injury as a result of its enforcement. i.wordpress. or at the earliest opportunity. only SC decisions are binding on all. lawphilreviewer. or will sustain. vested rights may have been acquired under such law before it was declared unconstitutional. The question involved must be RIPE FOR ADJUDICATION. 3. Effect of a declaration of unconstitutionality: 1.e. Only SC decisions are precedent. Prior to the declaration that a particular law is unconstitutional. 3.12/26/13 public international law | Search Results | Philippine Law Reviewers 3. Resolution of the issue of constitutionality is unavoidable or is the very lis mota. 47/143 . Lower courts may also exercise the power of judicial review. 14. Thus. Decisions MUST state clearly and distinctly the facts and the law on which it is based. CTA.e. the government act must have had an adverse effect on the person challenging it. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional. Judicial Review is the power of the SC to declare a law. it is considered as an ‘operative fact’ which at that time had to be complied with. or who dissented or abstained must state the reasons therefore. subject to the appellate jurisdiction of the SC. a personal and substantial interest in the case such that he has sustained. 5. DECISIONS 1. treaty. The person challenging the governmental act must have ‘STANDING’. Members of the SC who took no part. 2. unconstitutional. 2. JUDICIAL REVIEW Definition 1. The question of Constitutionality must be raised in the first instance. ordinance etc. 3. Note: This procedure shall also be observed by all lower collegiate courts (CA. and the Sandiganbayan). i. An ACTUAL CASE calling for the exercise of judicial power 2. Requisites Code: [A R S Co R] 1.

as when he himself files suit. But this power is not limited to those set forth therein. Political Law Tags: Political Law (Constitutional Law) . They do not apply to quasi-judicial or administrative bodies nor to military tribunals. in Marcos v.Article VIII Leave a Comment Political Law (Constitutional Law) – Article VII DEC 20 Posted by Magz ARTICLE VII. where the appellate court adopts the findings of fact and law of the lower court.wordpress. 3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. Evelyn. are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference. VII of the Constitution. Memorandum decisions. 4. which powers include others not set forth in the Constitution.12/26/13 public international law | Search Results | Philippine Law Reviewers 3. It may also be waived by the President. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. Manglapus. 2) The scope of this power is set forth in Art. These rules only apply to courts. The SC. 48/143 . Carrie. Ronald Posted in Constitutional Law. EXECUTIVE POWER Scope: 1) Executive power is vested in the President of the Philippines. 4) BUT The President CANNOT dispose of state property unless authorized by law. THE EXECUTIVE DEPARTMENT Section 1. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office. referred to the RESIDUAL powers of the President as the Chief Executive of the country. Thel. lawphilreviewer.

and qualifications of the President or Vice-President and may promulgate its rules for the purpose. returns. MANNER OF ELECTION/ TERM OF OFFICE Manner of Election 1) The President and Vice-President shall be elected by direct vote of the people. shall canvass the votes. not eligible for any 49/143 . assembled in joint public session. the certificates shall be opened in the presence of both houses of Congress.wordpress. Term of Office 1) President a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later. 3) Not later than 30 days after the day of the election. the Senate President shall be the acting President until the deadlock is broken. QUALIFICATIONS 1) Natural-born citizen of the Philippines 2) Registered voter. Note: The Vice-President has the same qualifications & term of office as the President. In case this results in a deadlock.12/26/13 public international law | Search Results | Philippine Law Reviewers Section 2. Section 4. voting separately. after determining the authenticity and due execution of the certificates. 4) The Congress. 7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election. He is elected with & in the same manner as the President. 3) Able to read and write. b) Term limitation: Single term only. 5) The person receiving the highest number of votes shall be proclaimed elected. 4) At least 40 years old on the day of election 5) Philippine resident for at least 10 years immediately preceding such election. as duly certified by the proper Board of Canvassers shall be forwarded to Congress. He may be removed from office in the same manner as the President. 6) In case of a tie between 2 or more candidates. lawphilreviewer. directed to the Senate President. 2) Election returns for President and Vice-President. one shall be chosen by a majority of ALL the members of both Houses.

who will be the acting President. 2) Salaries cannot be decreased during the TENURE of the President and the Vice-President. Congress shall determine. or both become permanently disabled. SALARIES AND EMOLUMENTS 1) Official salaries are determined by law. PRESIDENTIAL SUCCESSION 1. c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of service for the full term for which the Vice-President was elected. the Speaker of the House shall act as President until a President or a VP shall have been chosen and qualified. by law.wordpress. Both President and VP-elect are not chosen or do not qualify or both die. starting and ending the same time as the President. Vacancies at the beginning of the term VACANCY SUCCESSOR President-elect fails to qualify or to be chosen VP-elect will be Acting President until someone is qualified/chosen as President. VP becomes President. President-elect dies or is permanently 50/143 . In case of death or disability of (1) and (2). 2) Vice-President: a) 6 years. Section 6. b) Term limitation: 2 successive terms. In case of his inability. Senate President or 2. Vacancies after the office is initially filled: lawphilreviewer. 3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved. 1. 4) Prohibited from receiving any other emolument from the government or any other source during their TENURE Sections 7-12.12/26/13 public international law | Search Results | Philippine Law Reviewers c) Any person who has succeeded as President. 2. and served as such for more than 4 years shall NOT be qualified for election to the same office at any time.

is impeached.wordpress. 5) Temporary disability of the President: The temporary inability of the President to discharge his duties may be raised in either of two ways: a) By the President himself. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses. The convening of Congress cannot be suspended. (Nominee forfeits seat in Congress) 4) Election of President and Vice-President after vacancy during tem a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP. d) The 3 readings for the special law need not be held on separate days. Senate President or 2. voting separately. when he sends a written declaration to the Senate President and the Speaker of the House. 1. In case of his inability. 51/143 . Vice-President becomes President for the unexpired term. or resign. e) The law shall be deemed enacted upon its approval on third reading. the Vice-President will be Acting President until the President transmits a written declaration to the contrary. is permanently disabled. b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. without need of a call. the Speaker of the House shall act as President until the President or VP shall have been elected and qualif 3) Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. The special election cannot be postponed. Both President and Vice-President die. c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law.12/26/13 public international law | Search Results | Philippine Law Reviewers VACANCY SUCCESSOR President dies. In this case. become permanently disabled. b) Within 7 days after convening. Congress shall enact a law calling for a special election to elect a President and a VP. BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election. or resigns. are impeached.

the positions are ex-officio and they do not receive any salary or other emoluments therefor (e. Congress shall decide the issue. 1. of Finance is head of Monetary Board). any other profession during their tenure. without need of a call. Cabinet Members. or 2.12/26/13 (i) public international law | Search Results | Philippine Law Reviewers The VP will immediately be Acting President. Congress shall reconvene within 48 hours if it is not in session. the VP will be Acting President. voting separately. Holding any office or employment during their tenure. is needed to find the President temporarily disabled. otherwise provided in the Constitution (e.g.g. Sec. In this event. the Secretary of Foreign 52/143 . in which case. of Justice sits on Judicial and Bar Council). (iii) If within 5 days after the President re-assumes his position. Participating in any business.wordpress. 1. or 12 days if Congress is not in session. and the Chief of Staff of the AFP are entitled to access to the President Section 13. Sec. Vice-President. (iv) Within 10 days after Congress is required to assemble. UNLESS: 1. a 2/3 majority of both Houses. b) Even during such illness. 6) Presidential Illness: a) If the President is seriously ill. lawphilreviewer. the National Security Adviser. (ii) BUT: If the President transmits a written declaration that he is not disabled. the public must be informed thereof. DISQUALIFICATIONS SUBJECT President. directly or indirectly. Practicing. Deputies or Assistants of Cabinet Members SOURCE OF DISQUALIFICATION Prohibited from: 1. he reassumes his position. VP can be appointed a Cabinet Member. the majority of the Cabinet retransmits their written declaration.

N. POWER TO APPOINT Principles: 1) Since the power to appoint is executive in nature. 7. 5. Department under-secretaries. agency or instrumentality thereof. he/she may continue in office. N.B. Spouses. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. 2. etc.. etc. lawphilreviewer. NOT continuation in office. 2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices. What is prohibited is appointment and reappointment. If the 53/143 . including GOCC’s or their subsidiaries. the determination of who among those who are qualified will be appointed is the President’s prerogative. 3.B. or special privilege granted by the government or any subdivision.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. was already in any of the above offices at the time before his/her spouse became President. Spouses and 4th degree relatives of the President (consanguinity or affinity) Cannot be appointed during President’s tenure as: 1. Members of the Constitutional Commissions. 1. Being financially interested in any contract with. or in any franchise. Department Secretaries.. Sec. can be appointed to the judiciary and as ambassadors and consuls. Sections 14-16. 4. Office of the Ombudsman. Chairman or heads of bureaus or offices including GOCC’s and their subsidiaries. Congress cannot usurp this function.wordpress. 2. IX-B.

NLRC Commissioners. b) Congress may. require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e. d) Sectoral representatives in Congress. other public ministers.12/26/13 public international law | Search Results | Philippine Law Reviewers Scope: The President shall appoint the following: 1) Heads of executive departments (CA confirmation needed): 2) Ambassadors. The President cannot extend the scope of the CA’s power as provided for in the Constitution. 3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed). agencies. vest the appointment of other officers lower in rank in the President alone or in the courts. c) BUT: Congress cannot. and lawphilreviewer. 5) All other officers whose appointments are not otherwise provided for by law.wordpress. by law. by law. d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. and those whom he may be authorized by law to appoint. but these appointments do not need CA confirmation. or in the heads of departments. c) The Ombudsman and his deputies. boards or commissions. b) Regular members of the Judicial and Bar Council. and consuls (CA confirmation needed).com/?s=public+international+law 54/143 . such as: a) Chairmen and members of the COMELEC. whose appointments are provided for by law NOT by the Constitution. President also appoints members of the Supreme Court and judges of the lower courts. N. 4) Other officers whose appointment is vested in him by the Constitution (CA confirmation needed). Procedure: 1) CA confirmation needed: a) Nomination by President b) Confirmation by CA c) Appointment by President.g.B. COA and CSC. Bangko Sentral Governor). a) This includes the Chairman and members of the Commission on Human Rights.

3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval.12/26/13 public international law | Search Results | Philippine Law Reviewers d) Acceptance by appointee. Note: Once appointee accepts. but are only effective until they are disapproved by the CA or until the next adjournment of 55/143 . the President or Acting President SHALL NOT make appointments. and up to the end of his term. c) If continued vacancies therein will prejudice public service or endanger public safety.wordpress. Appointments by an Acting President: These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office. Power of Control and Supervision Power of Control: lawphilreviewer. Limitation 1) 2 months immediately before the next Presidential elections. and b) Acceptance. Ad-interim appointments: 1) When Congress is in recess. 2) No CA confirmation: a) Appointment. Section 17. This is to prevent the practice of ‘midnight appointments. Note: At any time before all four steps have been complied with. the President can withdraw the nomination/appointment. President can no longer withdraw the appointment.” 2) EXCEPTION: a) Can make TEMPORARY APPOINTMENTS b) To fill EXECUTIVE POSITIONS. the President may still appoint officers to positions subject to CA confirmation. 2) These appointments are effective immediately.

but the power of control necessarily includes the power of supervision. and NOT from the power control. and offices. The President’s power over government-owned corporations comes not from the Constitution but from statute. are assistants and agents of the President. generally the acts of these department heads. or set aside what a subordinate officer has done in the performance of his duties. are presumptively the acts of the President. Disciplinary Powers: 1) The power of the President to discipline officers flows from the power to appoint the. or those officers with no set terms. 4) The power of supervision does not include the power of control. Hence. Qualified Political Agency: 1) Since all executive and administrative organizations are adjuncts of the Executive Department. 56/143 . 2) BUT While the President may remove from office those who are not entitled to security of tenure. modify. 4) Under Administrative Law. 5) Qualified political agency does NOT apply if the President is required to act in person by law or by the Constitution. and to substitute the judgment of the officer for that of his subordinate. 3) The execution of laws is an OBLIGATION of the President. he can only interfere with the actions of their executive heads if these are contrary to law. 3) Exception: If the acts are disapproved or reprobated by the President. which are performed and promulgated in the regular course of business. the officers. 2) The power of the president over local government units is only of general supervision. 2) Thus. the President exercises control over all the executive departments. COMMANDER-IN-CHIEF POWERS lawphilreviewer.12/26/13 public international law | Search Results | Philippine Law Reviewers The power of an officer to alter. and employees entitled to security of tenure cannot be summarily removed from office. He cannot suspend the operation of laws. Thus. Thus. such as Department Heads. it may be taken away by statute. decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies.wordpress. etc. the heads of such departments. Section 18. Example: The power to grant pardons must be exercised personally by the President. etc. Power of Supervision: 1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.

1. and 3. Congress.12/26/13 public international law | Search Results | Philippine Law Reviewers Scope: 1) The President is the Commander-in-Chief of the Armed Forces. or c) Rebellion. Invasion or 2. b) Invasion.wordpress. 3) The President may also: a) Suspend the privilege of the writ of habeas corpus. NOTE: Congress CANNOT extend the period motu propio. Grounds 1. Public safety requires it. 1. Public safety requires it. may revoke the same. the President must submit a report to Congress. In the same manner. and the President cannot set aside the revocation. 57/143 . Supreme Court review: i. The appropriate proceeding can be filed by any citizen. 2) Whenever necessary. at the President’s initiative. by majority vote and voting jointly. Within 48 hours from the declaration or suspension. Suspension of the privilege of the writ of habeas corpus and declaring martial law. Limitations: 1. Suspension or proclamation is effective for only 60 days. Congress can extend the same for a period determined by Congress if: i. 1. 1. 1. lawphilreviewer. 1. and b) Proclaim a state of martial law. 1. The invasion or rebellion must be ACTUAL and not merely imminent. Invasion or rebellion persist and ii. the President may call out the AFP to PREVENT or SUPPRESS: a) Lawless violence.

iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and iv. the actual use by the President of the armed forces is not. Automatically suspend the privilege of the writ.wordpress. Suspension of privilege of the writ: i. 4. The SC can review the FACTUAL BASIS of the proclamation or suspension. 1. Pardons (conditional or plenary) Reprieves Commutations Remittance of fines and forfeitures 2.) The President may grant the following: [ Pa R C Re] 1. 58/143 . Martial Law does NOT: i. Limitations: 1. Decision is promulgated within 30 days from filing. Suspend the operation of the Constitution. the determination of whether it has been violated rests with the President.) Where a conditional pardon is granted. ii. Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review. 1. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.) As to scope: Cannot be granted: lawphilreviewer. Section 19: EXECUTIVE CLEMENCY Scope: 1. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released.) ALSO: The power to grant clemency includes cases involving administrative penalties. iii. 3.12/26/13 public international law | Search Results | Philippine Law Reviewers ii. Supplant the functioning of the civil courts or legislative assemblies. 4. troop deployments in times of war is subject to the President’s judgment and discretion. 3. Thus. f.) These may only be granted AFTER conviction by final judgment. 2.

Pardon AMNESTY PARDON Addressed to POLITICAL offenses Addressed to ORDINARY offenses Granted to a CLASS of persons Granted to INDIVIDUALS Need not be accepted Must be accepted Requires concurrence of majority of all members of Congress No need for Congressional concurrence A public act.) Does not absolve civil liabilities for an offense. rules.) For violations of election laws.wordpress.) In cases of impeachment c.) As to effect: a.) President alone CANNOT grant amnesty. and regulation without the favorable recommendation of the COMELEC d. Subject to judicial notice Private act of President. Conditional does not. he can be convicted based on this admission of 59/143 . b. 4. although eligibility for the same may be restored. 3. It must be proved. Amnesty needs concurrence by a majority of all the members of Congress.) When a person applies for amnesty.) Does not restore public offices already forfeited. May or may not restore political rights. which puts into oblivion the offense itself.) Amnesty V. 2. he must admit his guilt of the offense which is subject to such amnesty. lawphilreviewer. Amnesty: 1.12/26/13 public international law | Search Results | Philippine Law Reviewers a. Civil indemnity is not extinguished.) In cases of civil or legislative contempt 2. Absolute pardon restores. If his application is denied. Extinguishes the offense itself Only penalties are extinguished.) Before conviction b. usually extended to groups of persons who commit political offenses.) An act of grace concurred in by Congress.

Note: While our municipal law makes a distinction between international agreements and executive agreements. and (2) Subject to such limitations as may be provided by law. no treaty (d) If treaty is re-negotiated and the Senate’s suggestions are incorporated. (b) Options of Senate when a treaty is submitted for its approval: (i) Approve with 2/3 majority. undertake an obligation which indirectly circumvents a legal prohibition. or (iii) Approve conditionally. lawphilreviewer. under international law. (c) If treaty is not re-negotiated. there is no such distinction.12/26/13 public international law | Search Results | Philippine Law Reviewers May be granted before or after conviction Only granted after conviction by final judgement Section 20. as it is the latest expression of the State’s will. the treaty will go into effect without need of further Senate approval. (ii) Disapprove outright. (i) Philippine court: The later enactment will prevail. with the former requiring Senate approval and the latter not needing the same. Section 21. Foreign Relations Powers include: (1) Power to negotiate treaties and other international agreements (a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our country.wordpress. Power to Contract or Guarantee Foreign Loans Limitations: (1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board. with suggested amendments. Note: The President cannot. by executive agreement. (ii) International tribunal Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international 60/143 . (e) Conflict between treaty and municipal law. be it treaty or law.

Carrie. Ronald Posted in Constitutional Law.Article VII Political Law (Constitutional Law) – Article II DEC 20 Posted by Magz ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles Sec 1. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 CODE: PTSG 61/143 . and consuls. the President may still exercise this power. (4) Power to contract and guarantee foreign loans on behalf of the Republic (5) Power to deport aliens (a) This power is vested in the President by virtue of his office. Gem. other public ministers. (b) In the absence of any legislative restriction to authority. (c) The power to deport aliens is limited by the requirements of due process. BUT: The alien is not entitled to bail as a matter of right. The Philippines is a democratic and republican State. (3) Power to receive ambassadors and other public ministers accredited to the Philippines. Thel. Sovereignty resides in the people and all government authority emanates from them. Political Law Leave a Comment Tags: Political Law (Constitutional Law) .12/26/13 public international law | Search Results | Philippine Law Reviewers (2) Power to appoint ambassadors. subject only to restrictions as may be provided by legislation as regards the grounds for deportation. Evelyn. Elements of a State (for municipal law purposes) lawphilreviewer. which entitles the alien to a full and fair hearing.wordpress.

According to the Principle of AUTO-LIMITATION: Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. 4. Legal and non-legal. The supreme power to make law. 1. Capable of maintaining the continued existence of the community. public international law | Search Results | Philippine Law Reviewers A community of persons. 2. LEGAL sovereignty 1. 3. Which determine the course of law. 2. It is lodged in the people. 3. 1.12/26/13 1. That institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. 5. The sum total of all the influences in a state. lawphilreviewer. and Held together by a common bond of law. 2. Definition of “Government” 1. 4. 3. Definition of “Sovereignty” 1. 2. CODE: CNCH A Community of persons. 2. 62/143 .wordpress. POLITICAL sovereignty 1. more or less numerous (PEOPLE) Permanently occupying a definite portion of territory (TERRITORY) Independent of external control (SOVEREIGNTY) Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT) Definition of “People” 1. 3. Sufficient in Number.

in the course of war. Definition of Democratic State This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. and maintains itself against the will of the latter. justice. De facto proper 1. De facto – one established in defiance of the legitimate sovereign Classification of de facto governments 1. Government of paramount force 1. equality. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. Definition of “Republican State” It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people. lawphilreviewer. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. 1. De jure – one established by the authority of the legitimate sovereign 2. or usurps by force or by the voice of majority 3. freedom. cooperation. the rightful legal government 4. That which is established and maintained by military forces 2.12/26/13 public international law | Search Results | Philippine Law Reviewers Classification of governments 1. Sec. That government that gets possession and control of 63/143 .wordpress. 1. who invade and occupy a territory of the enemy 3. The Philippines renounces war as an instrument of national policy. and amity with all nations. 2.

under conditions provided by law. The Government may call upon the people to defend the State and. it is an expression of disapproval of military abuses. Civilian authority simply means the supremacy of the law because authority. 171) 3. 64/143 . military. can only come from law. 2. The right of a country to establish military commissions to try war criminals (Kuroda v. Civilian authority is. at all times. this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. 90 Phil. Negatively. supreme over the military. Edu. 83 Phil. 88 SCRA 195) Amity with all nations This does not mean automatic diplomatic recognition of all nations. Positively. The Vienna Convention on Road Signs and Signals (Agustin v. Director of Prisons. Sec 4. It does not renounce defensive war. under our constitutional system. Under this clause. Diplomatic recognition remains a matter of executive discretion. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v. Sec 3. The Armed Forces of the Philippines is the protector of the people and the State.12/26/13 public international law | Search Results | Philippine Law Reviewers Kind of war renounced by the Philippines The Philippines only renounces AGGRESSIVE war as an instrument of national policy. 70) 2. Its goal is to secure the sovereignty of the State and the integrity of the national territory. lawphilreviewer. all citizens may be required. Mark of sovereignty (2nd and 3rd sentences) 1. the soldier renounces political ambition. Some “generally accepted principles of international law” recognized by the Court: 1. in the fulfillment thereof. to render personal. or civil service.wordpress. The prime duty of the Government is to serve and protect the people. Jalondoni. Civilian authority/supremacy clause (1st sentence) 1.

Protection for the unborn 1. control and manufacture of nuclear weapons 2. While the right to a balanced and healthful ecology is found under the declaration of Principle lawphilreviewer. 16. liberty and property. Principle that the family is not a creature of the state. Sec. 5. The maintenance of peace and order. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall pursue an independent foreign policy. 2. etc. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception. 3.12/26/13 public international law | Search Results | Philippine Law Reviewers Sec. Sec. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Selected state policies Sec. Nuclear arms tests. 7. the protection of life. Hence. consistent with the national interest. Sec. 12. territorial integrity. 6. Policy of freedom from nuclear weapons 1. 8. Sec. the paramount consideration shall be national sovereignty. national interest. The policy PROHIBITS: 1. It is not an assertion that the unborn is a legal person. The Philippines. Under this provision. The separation of Church and State shall be inviolable. 1. It shall equally protect the life of the mother and the life of the unborn from conception. when it is necessary to save the life of the mother. the Roe v. the life of the unborn may be sacrificed. The policy does NOT prohibit the peaceful uses of nuclear 65/143 . In its relations with other states. The possession. and the right to self-determination.wordpress. 1. adopts and pursues a policy of freedom from nuclear weapons in its territory.

the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Definition: 1. 28. when confronted with a legal problem involving a foreign element. 27. 26.Article II Civil Law (Conflict of Laws) Memory Aid DEC 20 Posted by Magz CONFLICTS OF LAWS. Conflict of Laws. the law or some other state or nation will be recognized. and prohibit political dynasties as may be defined by law. Sec. Carrie. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. given effect. DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW BASIS CONFLICT OF LAW lawphilreviewer. That part of municipal law of a state which directs its courts and administrative agencies. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. Factoran) Sec. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 LAW OF NATIONS 66/143 . The State shall guarantee equal access to opportunities for public service. (Oposa v. Political Law Leave a Comment Tags: Political Law (Constitutional Law) . Factoran) 2. in dealing with a legal situation. Sec. (Oposa v. Subject to reasonable conditions prescribed by law. it does not follow that it is less important than any of the civil and political rights enumerated in the latter. §1). Ronald Posted in Constitutional Law. 2. Thel.wordpress. That part of the law of each state or nation which determines whether. Evelyn.12/26/13 public international law | Search Results | Philippine Law Reviewers and State Policies and not under the Bill of Rights. 2d. Gem. whether or not they should apply a foreign law/s (Paras). or applied (16 Am Jur.

SOURCES: Direct: 67/143 . Constitutions 2. pacific blockades. Special Laws Treaties and Conventions Judicial Decisions International Customs Indirect: lawphilreviewer.g. non-intercourse. boycott. and war. reference to regional agencies Forcible: includes severance of diplomatic relations. retorsions.. UN. governs states in their relationships amongst themselves 3 Transactions involved Private transactions between private individuals Generally affected by public interest.wordpress. those in general are of interest only to sovereign states 4 Remedies and Sanctions Resort to municipal tribunals May be peaceful or forcible Peaceful: includes diplomatic negotiation. e. collective measures under the UN Charter.12/26/13 public international law | Search Results | Philippine Law Reviewers 1 Nature Municipal in character International in character 2 Persons involved Dealt with by private individuals. inquiry & conciliation. Codifications 1. 3. judicial settlement by ICJ. embargo. mediation. 2. reprisals. governs individuals in their private transactions which involve a foreign element Sovereign states and other entities possessing international personality. tender & exercise of good offices. arbitration. 4.

refers the matter back to the law of the forum or a third state. that system of laws which is adopted by all commercial nations and constitute as part of the law of the of the place where property is situated. country or jurisdiction of whose judicial system of the court where the suit is brought or remedy is sought is an integral part. commercial law. the law of one’s domicile applied in the choice of law questions Lex Fori – law of the forum. Work of writers TERMS: Lex Domicilii – law of the domicile. When reference is made back to the law of the forum. the law of the place where payment or performance of a contract is to be made Lex Loci Delicti Commissi – law of the place where the crime took place Lex Mereatoria – law merchant. in conflicts. Substantive rights are determined by the law where the action arose (lex loci) while the procedural rights are governed by the law of the place of the forum (lex fori) Lex Loci – law of the place Lex Loci Contractus – the law of the place where the contract was made or law of the place where the contract is to be governed (place of performance) which may or may not be the same as that of the place where it was made Lex Loci Rei Sitae – law of the place where the thing or subject matter is of the place where the act was done Lex Loci Celebrationis – law of the place where the contract is made Lex Loci Solutionis – law of the place of solution.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. part of common law Lex Non Scripta – the unwritten common 68/143 . the positive law of the state. Natural moral law 1. this is said to be “remission” while reference to a third state is called “transmission. which includes general and particular customs and particular local laws Lex Patriae .national law Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer to a foreign law which in turn. the title to realty or question of real estate law can be affected only by the law of the place where it is situated Lex Situs . the general rule is that lands and other immovables are governed by the law of the state where they are situated Lex Loci Actus . that is.wordpress.” lawphilreviewer.

This is principally adopted in the RP Domiciliary Theory – in general. ii. & capacity of a person should be governed by the law of his domicile.12/26/13 public international law | Search Results | Philippine Law Reviewers Nationality Theory .by virtue of which the status and capacity of an individual are generally governed by the law of his nationality. Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when there are minimum contacts between the non-resident defendant and the forum.wordpress. the ends of justice would be best served by trial in another forum. rights. WAYS OF DEALING WITH A CONFLICTS PROBLEM: 1. i. condition. APPLY INTERNAL LAW – forum law should be applied whenever there is good reason to do so. courts do not take judicial notice of foreign laws. The case falls under any of the exceptions to the application of foreign law Exceptions to application of foreign law: lawphilreviewer. A specific law of the forum decrees that internal law should apply 1. the 69/143 . Assume jurisdiction and apply either the law of the forum or of another state 1. there is a good reason when any one of the following factors is present: Examples: Article. The proper foreign law was not properly pleaded and proved NOTICE AND PROOF OF FOREIGN LAW As a general rule. obligations. 16 of the Civil Code – real and personal property subject to the law of the country where they are situated and testamentary succession governed by lex nationalii Article 829 of the Civil Code – makes revocation done outside Philippines valid according to law of the place where will was made or lex domicilii Article 819 of the Civil Code – prohibits Filipinos from making joint wills even if valid in foreign country 1. or on the ground of forum non-conveniens DOCTRINE OF FORUM NON CONVENIENS – the forum is inconvenient. Dismiss the case for lack of jurisdiction. the controversy may be more suitably tried elsewhere 1. Foreign laws must be pleaded and proved Effect of failure to plead and prove foreign law (3 alternatives) of the forum court: (a) Dismiss the case for inability to establish cause of action (b) Assume that the foreign law of the same as the law of the forum (c) Apply the law of the forum 1.

is the dispensing of justice. APPLY FOREIGN LAW – when properly pleaded and proved THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT 1. there will be “harmony of laws” 5. identical or similar solutions anywhere & everywhere.adherents of this school of thought believe that we apply foreign law not because it is foreign.12/26/13 public international law | Search Results | Philippine Law Reviewers (a) The foreign law is contrary to the public policy of the forum (b) The foreign law is procedural in nature (c) The case involves issues related to property. hence. it is as if the foreign law has become part & parcel of our local law 4. we must do so Rules on Status in General Factual Situation Point of Contact 1 Beginning of personality of natural person National law of the child (Article 15. Theory of Vested Rights – we seek to enforce not foreign law itself but the rights that have been vested under such foreign law. Theory of Harmony of Laws – theorists here insist that in many cases we have to apply the foreign laws so that wherever a case is decided. 70/143 . require us to do so. thus. When the goal is realized. the solution should be approximately the same. but because our laws. real or personal (lex situs) (d) The issue involved in the enforcement of foreign claim is fiscal or administrative (e) The foreign law or judgment is contrary to good morals (contra bonos mores) (f) The foreign law is penal in character (g) When application of the foreign law may work undeniable injustice to the citizens of the forum (h) When application of the foreign law might endanger the vital interest of the state 2. if this can be attained in may cases applying the proper foreign law. CC) 2 Ways & effects of emancipation Same 3 Age of majority Same lawphilreviewer. Theory of Comity – foreign law is applied because of its convenience & because we want to give protection to our citizens. irrespective of the forum. & transients in our land 2. Theory of Local Law. an act done in another state may give rise to the existence of a right if the laws of that state crated such right. that is. residents. Theory of Justice – the purpose of all laws. including Conflict of Laws. by applying similar rules.wordpress.

and ascendants-descendants) Celebrated in RP Mixed Apply 1 (b) to uphold validity of marriage Between Foreigners National law (Article 21. 5 & 6). CC. Rules of Court) Rules on Marriage as a Contract FACTUAL SITUATION Celebrated Abroad POINT OF CONTACT Between Filipinos Lex loci celebrationis is without prejudice to the exceptions under Articles 25. 35 (1. 390. 37 & 38 of the Family Code (bigamous & incestuous marriages) & consular marriages Between Foreigners Lex loci celebrationis EXCEPT if the marriage is: 1. Universally considered incestuous (between brother-sister. POINT OF CONTACT 71/143 . Rule 131 §5 [jj].wordpress. FC) PROVIDED the marriage is not highly immoral or universally considered incestuous) Mixed National law of Filipino (otherwise public policy may be militated against) Marriage by proxy (NOTE: a marriage by proxy is considered celebrated where the proxy appears Lex loci celebrationis (with prejudice to the foregoing rules) Rules on Marriage as a Status FACTUAL SITUATION lawphilreviewer. 4.12/26/13 public international law | Search Results | Philippine Law Reviewers 4 Use of names and surnames Same 5 Use of titles of nobility Same 6 Absence Same 7 Presumptive death & survivorship Lex fori (Article 43. 36. Highly immoral (like bigamous/ polygamous marriages) 2.

If both will have a new nationality – the new one 2. 1039) Contracts involving real property which do not deal with the title thereto The law intended will be the proper law of the contract (lex loci voluntantis or lex loci intentionis) Contracts where the real property is given as security The principal contract (usually loan) is governed by the proper law oft the contract – (lex loci voluntatis or lex loci intentionis) NOTE: the mortgage itself is governed by lex rei sitae. If only one will change – the last common nationality 3. or it may be the lawphilreviewer.wordpress. 2. There is a possibility that the principal contract is valid but the mortgage is void. CC) Capacity to succeed National law of decedent (Article.12/26/13 1 public international law | Search Results | Philippine Law Reviewers Personal rights & obligations between husband & wife National of husband (Note: Effect of subsequent change of nationality: 72/143 . If no common nationality – nationality of husband at the time of wedding) 2 Property relations bet husband & wife National law of husband without prejudice to what the CC provides concerning REAL property located in the RP (Article 80) (NOTE: Change of nationality has NO EFFECT. This is the DOCTRINE OF IMMUTABILITY IN THE MATRIMONIAL PROPERTY REGIME) Rules on Property FACTUAL SITUATION Real property Exceptions POINT OF CONTACT Lex rei sitae (Article 16. CC) Successional rights National law of decedent (Article 16 par.

deterioration Law of the destination (Article. the same must be changed to pledge of personal property) Means of Transportation Vessels Law of the flag (or in some cases. the mortgage will also be void (for lack of proper cause or consideration). 73/143 .12/26/13 public international law | Search Results | Philippine Law Reviewers other way around. CC) Validity & effect of the seizure of the goods Locus regit actum (where seized) – because said place is their temporary situs Disposition or alienage of the goods Lex loci volutantis or lex loci intentionis – because here there is a contract FACTUAL SITUATION POINT OF CONTACT INTangIBLE PERSONAL PROPERTY (CHOSES IN ACTION) 1 Recovery of debts or involuntary assignment of debts (garnishment) Where debtor may be effectively served with summons (usually the domicile) 2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis (proper law of the contract) lawphilreviewer. If the principal contract is void. place of registry) Other means Law of the depot (storage place for supplies or resting place) Things in transitu (these things have a changing status because they move) Loss. destruction. although by itself. CC) Exceptions: same as those for real property EXCEPTION: same as those for real property EXCEPT that in the example concerning mortgage. the mortgage could have been valid.wordpress. 1753. Tangible personal property (choses in possession) 1 2 3 In General Lex rei sitae (Article.

in the case of a Swedish bill of exchange. copyrights. trade names In the absence of a treaty. National law of the debtor or creditor Domicile of the debtor or creditor Lex loci celebrationis Lex loci solutionis 3 Taxation of debts Domicile of creditor 4 Administration of debts Lex situs of assets of the debtor (for these assets can be held liable for the debts) 5 Negotiability or non-negotiability of an instrument The right embodied in the instrument (for example. delivery or negotiation 7 Effect on a corporation of the sale of corporate shares Law of the place incorporation 8 Effect between the parties of the sale of corporate shares Lex loci voluntatis or lex loci intentionis (proper law of the contract) – for this is really a contract. delivery or negotiation of the instrument In general. Swedish law determines its negotiability) 6 Validity of transfer.wordpress. 2. 4. 3. situs of the instrument at the time of transfer. usually this is the place where the certificate is delivered) 9 Taxation on the dividends of corporate shares Law of the place of incorporation 10 Taxation on the income from the sale of corporate shares Law of the place where the sale was consummated 11 Franchises Law of the place that granted them 12 Goodwill of the business & taxation thereto Law of the place where the business is carried on 13 Patents.12/26/13 public international law | Search Results | Philippine Law Reviewers Other Theories: 1. 74/143 . they are protected only by the state that granted them NOTE: foreigners may sue for infringement of trademarks and trade names in the RP ONLY IF Filipinos are lawphilreviewer.

Succession & Administration of Conflict Rules FACTUAL SITUATION POINT OF CONTACT Extrinsic Validity of Wills 1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP law (Article 816. OR lex loci celebrationis (Article 17(1)) 2 Made by a Filipino abroad Lex nationalii OR lex loci celebrationis (Article 815) 3 Made by an alien in the RP Lex nationalii OR lex loci celebrationis (Article 817) FACTUAL SITUATION POINT OF CONTACT Extrinsic Validity of Joint Wills (made in the same instrument) 1 Made by Filipinos abroad Lex nationalii ( Lex loci actus (of the revocation) (Article. even if valid where made) (Article 819) 2 Made by aliens abroad Valid if valid according to lex domicilii or lex loci celebrationis (Article 819) 3 Made by aliens in the RP Lex loci celebrationis therefore void even if apparently allowed by Article 817 because the prohibition on joint wills is a clear expression of public policy Intrinsic Validity of Wills Lex nationalii of the deceased – regardless of the LOCATION & NATURE of the property (Article 16 (2)) Capacity to Succeed Lex nationalii of the deceased – not of the heir (Article 1039) Revocation of Wills 1 If done in the RP 2 If done OUTSIDE the RP lawphilreviewer. 829) 75/143 .12/26/13 public international law | Search Results | Philippine Law Reviewers granted reciprocal concessions in the state of the foreigners Wills. CC).wordpress.

where assets are found 2 Powers Co-extensive with the qualifying of the appointing court – powers may only be exercised within the territorial jurisdiction of the court concerned NOTE: these rules also apply to principal. or ancillary administrators & receivers even in nonsuccessive cases Rules on Obligation and Contracts FACTUAL SITUATION Formal or Extrinsic Validity POINT OF CONTACT Lex loci celebrationis (Article 17 {1}) Exceptions lawphilreviewer. By a NON-DOMICILIARY Lex loci celebrationis (of the making of the will. i. the will must be fully probated here & due execution must be shown 2 If already probated abroad Lex fori of the RP again applies as to the procedural aspects. must also be probated 76/143 . NOT revocation). OR lex domicilii (Article 829) 1.e. generally it is enough to ask for the enforcement here of the foreign judgment on the probate abroad Executors and Administrators 1 Where appointed Place where domiciled at death or incase of non-domiciliary.. By a DOMICILIARY of the RP Lex domicilii (RP law) OR lex loci actus (of the revocation) (Article 17) Probate of Wills Made Abroad 1 If not yet probated abroad Lex fori of the RP applies as to the procedural aspects.12/26/13 public international law | Search Results | Philippine Law Reviewers 1.wordpress. domiciliary. but instead of proving due execution.

If the enforcement of the tortious liability won’t contravene our public policy 77/143 . meaning the lex voluntatis or lex loci intentionis Other Theories are: 1. Consular contracts Law of the RP (if made in RP consulates) Capacity of Contracting Parties National law (Article 15) without prejudice to the case of Insular Government v Frank 13 P 236. Prof Minor’s solution: 5. of damages for breach) Lex situs (Article 16 {1}) Proper law of the contract – lex contractus (in the broad sense). Lex loci celebrationis (defect: this makes possible the evasion of the national law) 2.wordpress. Lex loci solutionis (law of the place of performance) (defect: there may be several places of performance 4. Performance – lex loci solutionis (defect: this theory combines the defect of the others) Rules on Torts FACTUAL SITUATION Liability & damages for torts in general NOTE: The locus delicti (place of commission of torts) is faced by the problem of characterization. Alienation & encumbrance of property Lex situs (Article 16 [1]) 1.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. it is where the act first became effective lawphilreviewer. Lex nationalii (defect: this may impede commercial transactions) 3. the locus delicti is generally where the act began. Perfection – lex loci celebrationis 6. where the SC adhered to the theory of lex loci celebrationis Exception Alienation & encumbrance of property Intrinsic validity (including interpretation of the POINT OF CONTACT Lex loci delicti (law of the place where the delict was committed) NOTE: liability for foreign torts may be enforced in the RP if: 1. in common law countries. and amt. The tort is not penal in character 2. In civil law countries. Cause or consideration – lex loci considerations 7.

12/26/13 public international law | Search Results | Philippine Law Reviewers 3. Where the intended victim was (not where the aggressor was situated) – so long as the weapon or the bullet either touched him or fell inside the territory where he was 3 Bigamy Where the illegal marriage was performed 4 Theft & robbery Where the property was unlawfully taken from the victim (not the place to which the criminal went after the commission of the crime) 5 Estafa or swindling thru false representation Where the object of the crime was received (not where the false representations were made) lawphilreviewer. Passive personality theory – the state of which the victim is a citizen or subject has jurisdiction NOTE: In the RP. exception: Article 2. where the crime was committed inside or outside its territory 4.wordpress. Real theory – any state whose penal code has been violated has jurisdiction. Cosmopolitan or universality theory – state where the criminal is found or which has his custody has jurisdiction 6. Nationality theory – country which the criminal is citizen or a subject 3. stresses the protective theory The locus delicti of certain crimes 1 Frustrated an 78/143 . homicide. we follow the territoriality theory in general. murder. infanticide & parricide Where the victim was injured (not where the aggressor wielded his weapon) 2 Attempted homicide. Territoriality theory – where the crime was committed 2. RPC. If our judicial machinery is adequate for such enforcement Rules on Crimes FACTUAL SITUATION Essential elements of a crime and penalties POINT OF CONTACT Generally where committed (locus regit actum) Theories as to what court has jurisdiction: 1. etc. Protective theory – any state whose national interests may be jeopardized has jurisdiction so that it may protect itself 5.

exists or continues 9 Complex crime Any place where any of the essential elements of the crime took place Rules on Juridical Persons FACTUAL SITUATION POINT OF CONTACT Corporations Powers and liabilities General rule: the law of the place of incorporation EXCEPTIONS: 1. rebellion. powers & duties of members.wordpress. 7 operate public utilities unless 60% of capital if Filipino owned 2. or sedition NOTE: Other conspiracies are NOT penalized by our laws Where the conspiracy was formed (not where the overt act of treason. it is nor deemed a Filipino corporation & therefore can’t acquire Law of the place of incorporation 79/143 . For constitutional purposes – even of the corporation was incorporated in the RP. stockholders and officers lawphilreviewer. transfer of stocks to bind the corporation. rebellion or sedition was committed) 7 Libel Where published or circulated 8 Continuing crime Any place where the offense begins.12/26/13 6 public international law | Search Results | Philippine Law Reviewers Conspiracy to commit treason. kind of stocks. For wartime purposes – we pierce the corporation veil & go to the nationality of the controlling stockholders to determine if the corporation is an enemy (CONTROL TEST) Formation of the corporation (requisites). issuance. exploit our natural resources. amount & legality & dividends.

Code of Commerce) 80/143 . & termination of branches in the RP RP law (Article 15. the law of the place where it was created (Article 15 of the Code of Commerce) (Subject to the exceptions given above as in the case of corps. the capacity to contract. Code of Commerce) Dissolution.e. & the jurisdiction of the court RP law (law of the place where branches were created) (Article 15. liability of the firm & the partners to 3rd persons The personal law of the partnership. Law of the place of exploitation (exploitation centre or siege d’ exploitation) Partnerships The existence or non-existence of legal personality of the firm. winding up.wordpress.) Creation of branches in the RP. i. Law of the place of incorporation (this is generally the RP rule) 2. ancillary receivers. by the courts of any state where the corporation has assets (authority is CO-EXTENSIVE) w/ the authority of the appointing court NOTE: Theories on the personal and/or governing law of corporations: 1.12/26/13 public international law | Search Results | Philippine Law Reviewers Validity of corporate acts & contracts (including ultra vires acts) Law of the place of incorporation & law of the place of performance (the act or contract must be authorized by BOTH laws) Right to sue & amenability to court processes & suits against it Lex fori Manner & effect of dissolution Law of the place of incorporation provided that the public policy of the forum is not militated against Domicile If not fixed by the law creating or recognizing the corporation or by any other provision – the domicile is where it is legal representation is established or where it exercises its principal functions (Article.. Law of the place or center of management (center for administration or siege social) (center office principle) 3. 15) Receivers (appointment & powers) Principal receiver is appointed by the courts of the state of incorporation. validity & effect of the branches’ commercial transaction.

12/26/13 public international law | Search Results | Philippine Law Reviewers Domicile If not fixed by the law creating or recognizing the partnership or by any other provision – the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 3. usually not for profit) Personal law of the foundation (place of principal center of administration) Reference: Civil Law (Conflict of Laws) Memory Aid Ateneo Central Bar Operations 2001 Posted in Civil Law Tags: Civil Law (Conflict of Laws) Memory Aid 1 Comment Commercial Law Reviewer – Ateneo DEC 20 Posted by Magz CODE OF COMMERCE COMMERCE – branch of human activity. 3. 15) Receivers RP law insofar as the assets in the RP are concerned can be exercised as such only in the RP Foundations (combination of capital independent of individuals. 2. 81/143 . 4.wordpress. 1. universal uniform equitable customary lawphilreviewer. 2. purpose is to bring products to the consumer through operations habitually and with intent of gain COMMERCIAL LAW – branch of private law which regulates the juridical relations arising from commercial acts CHARACTERISTICS OF COMMERCIAL LAW: 1.


5. 5.

public international law | Search Results | Philippine Law Reviewers




merchants; book of merchants and general provision of contracts
joint account association
commercial barter
transfers of non-negotiable credits
commercial contracts of overland transportation
letters of credit
maritime commerce

1. 1.

Commerce – bringing products from the manufacturers to the consumers

1. 2.
Characteristics of Commerce:
1. a.
2. b.
rapidity – if period is fixed, debtor in delay without need of demand; if contract does
not fix period, 10 days
3. c.
intent to join
1. 3.
1. a.
Individuals – legal capacity, 21 years, or subject to parental authority, habitually
engaged in commerce
2. b.
Juridical Persons – commercial and industrial company organized in accordance
with law, habitually engaged in business
1. 4.

General Rule: Minors cannot engage in commerce

1. a.
2. b.
3. c.

to continue business of deceased parents through guardian
court authorizes guardian to place minor and property in business
minor is an alien and his national law allows him to be a merchant

1. 5.
Which persons are not allowed to engage in commerce?
1. a.
suffering accessory penalty of civil interdiction (reclusion perpetua and reclusion
2. b.
those judicially declared insolvent until they can obtain their discharge
3. c.
prohibited by Constitution and special laws
1. 6.
1. a.
capacitated under his national law to engage in business
2. b.
engaged in the business in the Philippines not reserved for the Filipinos
3. c.
after securing license and BOI certificate



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1. 7.
Family Code: Either spouse may engage in business; when objected to by the other,
court will look into valid grounds, i.e. serious and moral grounds
1. 8.
BOI Certificate must be obtained by:
1. a.
2. b.
foreign firm
1. 9.
Meaning of Philippine National
1. a.
2. b.
domestic corporation wholly owned and organized by Filipinos in the Philippines
3. c.
Filipino corporation where Filipino capital entitled to vote is at least 60%
1. 10. Query: If a corporation is a shareholder of another corporation, how do you determine
whether the latter corporation is a Filipino national?
Answer: The following must concur 1. a.
At least 60% of the outstanding capital stock and entitled to vote of both corporations
are held by citizens of the Philippines
2. b.
At least 60% of the Board of Directors of both corporations are Filipinos
1. 11. Tenor of BOI Certificate
1. a.
Business or activity to be engaged is consistent with the Investment Priorities Plan
2. b.
Business will contribute to the sound and balanced development of the national
economy in a self-sustaining basis
3. c.
Business will not conflict with the Constitution and local laws
4. d.
Business is not adequately exploited by Filipino nationals
5. e.
No danger of monopolies/combinations in restraint of trade
1. 12. Basic Principles/Conditions laid down by BOI
1. a.
resident agent of foreign firm is a Filipino citizen
2. b.
establishment of office in the Philippines
3. c.
bringing assets tot he Philippine office as capital
4. d.
complete set of accounting records
1. 13. Merger and Consolidation subject to BOI requirements for the issuance of certificate:
When merger and consolidation result in ownership and control of non-Filipino nationals over
more than 40% of the capital of a consolidated corporation.
1. 14. SEC License issued upon compliance with the following requirements:
1. a.
proof of compliance with principle of reciprocity
2. b.
BOI certificate
3. c.
Applicant for license gives required information
n articles of incorporation
n by-laws



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n names and addresses of resident agents
n principal place of business in the Philippines
1. d.
2. e.

proof of solvency
deposit acceptable securities to protect future creditors

(Note: Material on the Retail Trade Liberalization Law will not be included in this reviewer.
Supplement to follow)
1. 1.
Retail Trade – any act, occupation, or calling of habitually selling direct to the general
public, merchandise, commodities, or goods for consumption
Jurisprudence has held that the term “retail” should be associated with and limited to goods for
personal, family or household use, consumption and utilization. The Retail Trade
Nationalization Law refers to “consumption goods” or “consumer goods” which directly satisfy
human wants and desires and are needed for home and daily life. Excluded from the law are
those goods which are considered generally raw material used in the manufacture of other goods,
or if not, as one of the component raw material, or at least as elements utilized in the process of
production and manufacturing.
1. 2.
Elements of What Constitutes Retail Trade:
1. a.
The seller habitually engages in selling;
2. b.
The sale is direct to the general public; and
3. c.
The object of the sale is limited to merchandise, commodities or goods for
1. 3.
General Rule: After 1964, only Filipinos or corporations whose capital is 100% Filipino
may engage in retail trade.
1. 4.
Exceptions, that is, instances when aliens may engage in retail trade in the Philippines:
1. a.
manufacturer or processor if capital does not exceed P5,000.00;
2. b.
farmer or agriculturist when selling his products;
3. c.
manufacturer or processor selling to industrial or commercial users or consumers
who use the produce to render service to the general public or to produce or manufacture
goods which are sold by them to the public;
4. d.
hotel owners or keepers of restaurants included or incidental to the hotel business;
5. e.
sale by a manufacturer or processor to the Government or its agencies, including
government owned and controlled corporations.
1. 5.
Query: How to determine citizenship of shares of the corporation when they are not
held directly by individuals, but in turn held by another entity?
Answer: apply the GRANDFATHER RULE, to wit:


2. with express authority from the President. c. and advisory positions for a period of 5 years subject to extension. operation. 3. 1. A registered enterprise may employ foreign nationals in supervisory. while a corporation with 60% Filipino and 40% foreign equity ownership is considered a Philippine national for purposes of investment. if 100. employee or laborer. and 3. Hence. The Act penalizes Filipinos who permit aliens to use them as nominees or dummies to enjoy privileges reserved for Filipinos or Filipino corporations. provided that no Filipino can do such technical work. Where majority of stocks of a pioneer enterprise is owned by foreign 85/143 . However. of which belong to Filipino citizens. a. Disqualified aliens cannot intervene in the management.000 shares shall be counted as owned by Filipinos and the other 50. By way of exception. Aliens may be elected to the Board of Directors to the extent of their allowable share in the capital of the corporation (in partially nationalized industries). 50% of the capital stock belongs to Filipino citizens.000 shares shall be recorded as belonging to aliens. the following may participate in management: 1. all of the said shares shall be recorded as owned by Filipinos. the foreign ownership would always render a portion of its holding in the company as foreign equity and would disqualify the corporation to engage in retail trade. rights and franchises. alien takes part in technical aspects. b. except when: 1. manager. Criminal sanctions are imposed on the president. 1.000 shares are registered in the name of a corporation or partnership at least 60% of the capital stock or capital respectively. c. only 50. for purposes of the law. the following positions may be held by foreign nationals: n president n treasurer n general manager lawphilreviewer. whatever the percentage of Filipino ownership in the owning corporation. it is not qualified to invest in or enter into a joint venture agreement with corporations or partnerships. But. if let’s say. with or without remuneration. board member or persons in charge of the violating entity and causing the latter to forfeit its privileges. ANTI-DUMMY ACT 1. upon the recommendation of the department head concerned. Thus.wordpress. 2. technical. 2. 3. the capital or ownership of which under the Constitution or other special laws are limited to Filipino citizens only. administration or control of the business reserved to Filipinos whether as an officer. but if the percentage of Filipino ownership in the corporation or partnership is less than 60%.12/26/13 public international law | Search Results | Philippine Law Reviewers Shares belonging to corporations or partnerships at least 60% of the capital of which is owned by Filipino citizens shall be considered as Philippine nationality. only the number of shares corresponding to such percentage shall be counted as of Philippine nationality. a. b. 1.

mere investment as a shareholder by a foreign entity in domestic corporations duly registered to do business. Trust receipts are denominated in Philippine currency or acceptable and eligible foreign currency. d. a. purchases. b. d. 2. When commissioned merchants/investors or commercial brokers act in their own name in selling foreign products. or to return the goods if UNSOLD. 3. c. appointing a representative or distributor domiciled in the Philippines which transacts business in its own name and for its own accounts. 2. When a local corporation or person acts in the name of a foreign firm. a. 1. any other act or acts that imply continuity in commercial dealings 1. b. appointing representatives or distributors who are domiciled in the Philippines or who in any calendar year stay in the country for a period totaling 180 days or more. 4. or for other purposes. lawphilreviewer. to regulate the use of trust receipts TRUST RECEIPTS LAW 1. 1. a. 1. 4. 1. c. however. b. 7. soliciting orders. Definition: A written/printed document signed by the ENTRUSTEE in favor of the ENTRUSTER whereby the latter releases the goods. 6. 3.wordpress. 2. The following are NOT doing business: 1. to encourage use of and to promote transactions based on trust receipts. exercise of rights as such investor. Purpose: 1. 5. 1. e. 4. and to sell the goods. the foreign firm manufacturing these products is not doing business in the Philippines. opening offices whether called liaison offices or branches.12/26/13 public international law | Search Results | Philippine Law Reviewers n equivalent positions 1. 8. 2. entity or corporation in the Philippines. 5. service contracts. etc. What doing business means: 1. A Filipino common-law wife of an alien is not barred from engaging in the retail business provided she uses capital exclusively derived from her paraphernal properties. WITH THE OBLIGATION TO TURN OVER THE PROCEEDS THEREOF TO THE EXTENT OF WHAT IS OWING TO THE ENTRUSTER. participating in the management or supervision or control of any domestic 86/143 . the latter is doing business in the Philippines. allowing her common-law alien husband to take part in the management of the retail business would be a violation of the law. having a nominee director or officer to represent interests in such corporation. 3. documents or instruments tot he possession of the former upon the ENTRUSTEE’S promise to hold said goods in trust for the ENTRUSTER. 2.

whether done in good faith or not. 7. Types of transactions which are treated as “bulk sales”: lawphilreviewer. b. 6. 1. non-negotiable. 2. 1. Limited to a fixed account. BULK SALES LAW 1. 4. JOINT ACCOUNTS 1. ENTRUSTER is not liable as principal or vendor under any sale or contract to sell made by the ENTRUSTEE. Purpose: meant to protect creditors of businessmen against preferential or fraudulent transfers 1. 1. Issued to definite persons and not to order. PRICE TAGS LAW 1. 3. Commercial Letters of Credit 2. 1. the ENTRUSTER’S security interest cannot be prejudiced by claims of creditors of the ENTRUSTEE. 1. 1. 4. and participating in the favorable or unfavorable results thereof in the proportion they may determine. that fall within the description of what is a “bulk sale. Pending the duration of the trust agreement. Risk of loss is borne by the ENTRUSTEE. 1. Traveler’s Letters of Credit 1. 2. Kinds: 1. 1.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. 3. It exists when a merchant interests himself in the transaction of another merchant. or whether or not the seller is in a state of 87/143 .wordpress. 1. thus. 2. Joint accounts do not adopt a firm name. contributing thereto the amount of capital they may agree upon. 4. 5. 1. It is not subject to any formal requirement for validity. it may be oral. 1. 1. No protest required in case of dishonor. The law covers all transactions.” 1. a. It requires articles of commerce sold at retail to bear prices. 3. No suit may be maintained – investor and third persons dealing with the merchant conducting business. Loss of goods pending the dispossession shall not extinguish the obligation to the ENTRUSTER for the value thereof. LETTERS OF CREDIT 1.

When 6(a) above is not complied with. Sale transfer. Even if the transaction falls within the definition of “bulk sale”. 2. b. 2. a. Civil Code 3. provisions. Insurance Code 2. c. 6. or materials otherwise than in the ordinary course of trade. 5. no criminal liability on the seller. Consequences of Violation of Requirements under #6 above stated: 1. of the business of the vendor. Obligations when transaction is a bulk sale: 1. wares. transferor. mortgage or assignments of all. mortgagor. 3. 1. mortgagor. or assignor.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. a. c.wordpress. n amount of indebtedness due or owing to each of said creditors 1. b. 3. a. When 6(b) above is not complied with. at least 10 days before the sale. assignees in insolvency. terms and conditions of the sale 1. receivers. 7. Laws applicable to insurance in the order of priority: 1. administrators. the sale itself is void. the following are not deemed covered by the law: 1. of the fixtures and equipment used in the business of the vendor. INSURANCE LAW 1. transfer. or assignor. acting under process. cost price of each article to be included in the sale n notify every creditor at least 10 days before transferring possession of the goods. mortgage. 1. transferor or assignor produces and delivers a written waiver of the provisions of the law from his creditors as shown by verified statements. c. mortgage or assignments of a stock of goods. 2. 4. the sale itself is also void. 88/143 . Sale. b. or substantially all. etc. b. the seller will be criminally liable. The vendor must deliver to such vendee a written statement of: n names and addresses of all creditors to whom said vendor or mortgagor may be indebted. The law does not apply to executors. 1. shall: n make a full detailed inventory of the goods. merchandise. If the vendor. a. Only creditors at the time of the sale in violation of the law are within the protection of the laws and creditors subsequent to the sale are not covered. transfer. or assignment of all. or public officers. seller is also criminally liable. The vendor must apply the purchase money to the pro-rata payment of bona fide claims of the creditors as shown in the verified statement. General Principles prevailing on the subject in the US lawphilreviewer. of the price.. 2. c. b. 1. mortgagor. a. When 6(c) is not complied with. merchandise. The seller. the sale is not void. Sale. or substantially all.

3. and e. 2.wordpress. consensual 2. e. 89/143 . any contract of suretyship as a vocation and not merely incidental to any other legitimate business or activity of the surety. 4. beneficiary – may or may not be the same as the insured What perils may be insured? lawphilreviewer. Contract of Suretyship – deemed to be an insurance contract within the meaning of the Insurance Code. Definition of “doing an insurance business”: 1. c. d. voluntary 3. c. insurer – party who assumes the risk or undertakes to indemnify the insured or to pay a certain sum on the happening of a specified contingency 2. 6. 1. c. as such. as insurer. making or proposing to make as a surety. payment of premiums Note: If only a. b. 2. b. or is to receive a certain sum upon the happening of a specified contingency 3. 5. any insurance contract. it is not a contract of insurance but a risk shifting device. a. assumption of risk. Requisites of Insurance: a. Characteristics of an insurance contract: 1. f. credit and the conduct of the other 7. 4. doing reinsurance business. and who is indemnified against. risk of loss. a. it is not a wagering nor a gambling contract 4. 3. scheme to distribute losses. 2. b. 3. Contract of Insurance – an agreement whereby one undertakes for a consideration to indemnify another against loss. 5. 7. only if made by a surety who or which. damage or liability arising from an unknown contingent event. insured – person in whose favor the contract is operative. b. doing or proposing to do any business in the substance equivalent to any of the foregoing in a manner designed to evade the provisions of the Insurance Code. making or proposing to make. Parties to a contract of Insurance: 1. d. executed as to the insured after payment of the premium 5. g. 1. 4. a. personal – each party takes into account the character. is doing an insurance business 1. however.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. c. executory as to insurer – not executed until payment for a loss 6. conditional – liability is based on the happening of the event insured against 1. 1. and c are present. existence of an insurable interest. aleatory – depends upon some contingent event. 1. b.

or liability in respect thereof. a. which may damnify a person having an insurable interest. c. an expectancy. b. founded on an existing interest 3. whether real or personal. or in whom he has a pecuniary interest 3. basis may be based on pecuniary interest. Interest in Property insured must exist when the insurance takes effect and when the loss occurs. coupled with an existing interest out of which the expectancy arises Definition of Insurable Interest in Property: Interest in property. Interest in the Life or Health of a Person Insured must exist when the insurance takes effect. but need not exist thereafter or when the loss occurs. 1. d. or (b) any contingent or unknown event. when interest must exist at the time the policy takes effect EXCEPT: life insurance taken by the creditor on the life of the debtor wherein interest must also exist at the at the time the policy takes effect and at the time of the loss lawphilreviewer. Instances when Insurable Interest must exist: 1. or respecting property or services. Every person has an insurable interest in the life and health of: 1. 90/143 . 10. but need not exist in the meantime. a. any person upon whose life any estate or any interest vested in him depends 1.wordpress. 8. of such nature that a contemplated peril might directly damnify the insured. 2. a. any person on whom he depends wholly or in part for education or support. Beneficiaries of Life Insurance need not have insurable interest in the life of the insured. Insurable Interest in Property may consist of: 1. or consanguinity based purely on pecuniary interest 2. whether past or future. an inchoate interest. any person under a legal obligation to him for the payment of money. d. 4. Beneficiaries of Property Insurance must have insurable interest in the property insured. or any relation thereto. b.12/26/13 public international law | Search Results | Philippine Law Reviewers (a) any contingent or unknown event. 1. affinity. b. whether past or future. of which death or illness might prevent the performance or delay it 4. which may create a liability against the person insured. c. c. his spouse and his children 2. Category Insurable Interest in Life Insurance Insurable Interest in Property 1. 9. himself. an existing interest 2.

by reason of his office. Exception: Any person who is forbidden to receive any donation under Article 739 of the Civil Code cannot be named beneficiary of a life insurance policy by the person who cannot make the donation to him. a change of interest in one or more several distinct things. Revocation of Beneficiaries General Rule: Insurance contracts are 91/143 . c. amount of insurable interest no limit EXCEPT: if insurable interest is based on creditor-debtor relationship (only to the extent of the credit or debt) limited to the actual value of damage/injury/loss 1. and accident insurance 1. when the change in interest results after the occurrence of an injury which results in a loss 2. ascendants. in consideration thereof. b. a transfer of interest by one of several partners. Other Pertinent Provisions on Revocation: (a) The termination of a subsequent marriage shall allow the innocent spouse to revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy. b. d. a. General Rule: A change of interest in any part of a thing insured unaccompanied by a corresponding change in interest in the insurance suspends the insurance to an equivalent extent. separately insured by one policy 3. 3. e. until the interest in the thing and the interest in the insurance are vested in the same person. lawphilreviewer. The following donations shall be void: 1. In case of life. those made between persons who were guilty of adultery or concubinage at the time of the donation.wordpress.12/26/13 public international law | Search Results | Philippine Law Reviewers time of the loss 3. those made to a public officer or his wife. joint owners in common who are jointly insured to the others (even though it has been agreed that the insurance shall seize upon the alienation of the thing insured) 1. health. 12. descendants. even if such designation be stipulated as irrevocable. c. Exceptions: a. those made by persons found guilty of the same criminal offense. 2. 11. a change in the interest by will or succession on the death of the insured (interest passes to the heirs) 4.

Requisites: (a) the party concealing must have knowledge of the facts concealed. The action to revoke the donation under this article must be brought within 5 years from the time the decree of legal separation has become final. When the insurer makes inquiry from the insured of the nature or amount of the latter’s insurable interest. in which event. The revocation of or change in the designation shall take effect upon written notification thereof to the insured. 1. insurance policy must specify the interest of the insured in the property 92/143 . 1. Note: The insured is under an obligation to disclose not only such material facts as are known to him. Note: An insured need not die of the very disease he failed to reveal to the insurer. the innocent spouse may revoke the donations as well as the designation of the latter as a beneficiary in any insurance policy. whether in life or property insurance. Concealment – a neglect to communicate that which the party knows or ought to communicate General Rule: The insured is not required to communicate the nature (or kind) or the amount of his insurable interest in the life or property insured to the insurer. (b) the facts concealed must be material to the risk. 1. (c) the party is duty bound to disclose such fact to the other. but also those known to his agent where: lawphilreviewer. (e) the other party has no other means of ascertaining the facts concealed. whether intentional or not. accomplice or accessory in willfully bringing about the death of the insured. Exception: a. A concealment. b. Suspension – a change of interest in any part of a thing insured unaccompanied by a corresponding change of interest in the insurance suspends the insurance to an equivalent extent until the interest in the thing and the interest in the insurance are vested in the same person. (d) the party concealing makes no warranty as to the facts concealed. even if such designation is irrevocable.wordpress. It is sufficient that the non-revelation has misled the insurer in forming his estimate of the disadvantages of the proposed policy or in making his inquiries in order to entitle the insurance company to avoid the contract. the nearest relative of the insured shall receive the proceeds of said insurance if not otherwise disqualified. 14. if he is not the absolute owner thereof. (c) The interest of a beneficiary in a life insurance policy shall be forfeited when the beneficiary is the principal. 13.12/26/13 public international law | Search Results | Philippine Law Reviewers (b) After the finality of the decree of legal separation. entitles the injured party to rescind a contract of insurance.

A representation cannot qualify an express provision in a contract of insurance but it may qualify an implied warranty. general usages of trade. c. the issuance of the policy. or wholly due to the fault of the agent. but not afterwards. will avoid the policy. Neither party is bound to communicate his mere opinion. 3. despite the good faith of the insured. the other ought to know and of which the former has no reason to suppose his ignorance. entitles the other party to rescind the contract. Representation It is a factual statement made by the insured at the time of. it was possible for the agent. 4. it was the duty of the agent to acquire and communicate information of the facts in question. that which.e. political situation. those which relate to a risk excepted from the policy and which are not otherwise material. e. Concealment. actual knowledge) lawphilreviewer. a. 2. or prior to. 5. i. b. It may be made orally or in writing. a. 16. or before. even upon inquiry. d.wordpress. the issuance of the policy. Waiver of material facts may be: (a) by the terms of the insurance. where they are distinctly implied in other facts which information is communicated Materiality is to be determined not by the events but solely upon the probable and reasonable influence of the facts on the party to whom the communication is due in forming his estimate of the disadvantages of the proposed contract or in making his inquiries. b. those of which the other waives 93/143 . those which prove or tend to prove the existence of the risk excluded by a warranty and which are not otherwise material. in the exercise of reasonable diligence. 15. to have made the communication before the making of the insurance contract. or (b) by the neglect to make inquiry as to such facts. It may be altered or withdrawn before the insurance is effected. 1. because such opinion would add nothing to the appraisal of the application. It may be made at the time of. (must be susceptible of present. 1. n Failure on the part of the insured to disclose such facts known to his agent. Neither party to the insurance contract is bound to communicate information on the following matters except in answer to the inquiries of the other: 1. to give information to the insurer and otherwise induce him to enter into the insurance contract. whether intentional or not. A representation as to the future is to be deemed a promise unless it appears that it was merely a statement of belief or an expectation. those of which the other knows.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. in the exercise of ordinary care. 2.

Warranty Representation part of the insurance contract collateral inducement always written on the policy maybe oral or written conclusively presumed material materiality must be proved must be strictly complied with requires substantial truth lawphilreviewer. will not avoid the contract of insurance. 3. 17.wordpress. a. misrepresentation. b. a loss insured against occurs.12/26/13 public international law | Search Results | Philippine Law Reviewers The statement of an erroneous opinion. 2. Exceptions: 1. unless fraudulent. renders the policy voidable by the insurer. the act becomes unlawful. Exceptions: (a) absence of insurable risk (b) cause of loss is an unexpected risk (c) fraud (d) non-payment of premium (e) violation of conditions relating to naval or military services (f) failure to comply with conditions subsequent to the occurrence of the loss 1. wholly irrespective of the materiality of such statement or promise. belief or information. c. A statement or a promise set forth in the policy or by reference incorporated therein. Warranties: General Rule: Non-performance of a promissory warranty avoids a contract of insurance. when before the time of the performance of the warranty. b. must be exercised previous to the commencement of an action on the contract (the action referred to is that to collect a claim on the contract) 2. or of an unfulfilled intention. the insurer cannot prove that the policy is void ab initio or is rescindable by reason of the fraudulent concealment or misrepresentation of the insured or his agent. gives the right to rescind Incontestable Clause: After a policy of life insurance made payable on the death of the insured shall have been in force during the lifetime of the insured for a period of 2 years from the date of its issue or of its last reinstatement. said performance becomes impossible. the nonfulfillment of which in any respect and without reference to whether the insurer was in fact prejudiced by such non-fulfillment. a. Right to rescind because of false representation: 1. when before the time for performance of the promissory warranty. when before the time of the performance of the 94/143 . whether intentional or not.

Exception: Where it is merely an acknowledgment on behalf of the company that the latter’s branch office had received from the applicant the insurance premium and accepted the application subject for processing by the insurance company and that the latter will either approve or reject the same. Kinds of Policies: 1. Grounds for Cancellation of a Policy by the Insurer: For Policies Other than Life: (1) prior notice of the cancellation to insured lawphilreviewer. 18. i. b. General Rule: Cover notes bind insurer temporarily pending the issuance of the policy. stipulation. Any condition. even if the cause of the loss is a different risk. whether intentional or not. Policy What is a Rider? It is an additional provision in a policy not part of the body of the printed form. c. intended to give temporary protection pending the investigation of the risk by the insurer.e. the insurer is entitled to rescind the contract of insurance. Cover Note: written memorandum of the most important terms of a preliminary contract of insurance. or agreement limiting the time to less than 1 year is void.12/26/13 public international law | Search Results | Philippine Law Reviewers made by the insured may be made by insurer or insured Note: If there is a breach of warranty.wordpress. Running – contemplates successive insurance which provides that the object of the policy may be from time to time defined especially as to the subject of insurance by additional statements or endorsements n Note: If an amount is written on the face of an open policy. it is merely a determination of the maximum limit of recovery and not as the value of the policy. Breach must refer to a material 95/143 . Valued – expresses on its face an agreement that the thing insured shall be valued at a specific sum 3. 1.. or until the issuance of a formal policy. from the time of rejection of the claim by the insurer. Open – the value of the thing insured is not agreed upon. Category Open Policy Valued Policy what needs to be proven in order to be able to claim value of property upon loss no need for proof of value of property upon loss determining value of loss value of property is to be ascertained upon loss value of property upon loss is conclusively stipulated to a specified amount Period for commencing an action against the policy: Within 1 year from the time the cause of action accrues. but is left to be ascertained at the time of the loss 2. a.

insured entitled to renew the policy upon payment of the premium due on the effective date of the renewal. a. the insurer will furnish facts on which the cancellation is based Renewal of the Policies Other than Life: Insurer must mail or deliver to the insured notice of its intention not to renew the policy or to condition its renewal upon reduction of limits or elimination of coverages within 45 days before the policy ends. when by any default of the insured other than actual fraud. b. 2. d. the existence of which the insured was ignorant without his fault 3. when the insured has become a public enemy and the policy automatically canceled (on the ground of equity) 5. Otherwise. Premium General Rule: No policy is binding until the premium thereof has been paid.wordpress. c. whenever the grace period applies (b) in case of estoppel Insurer is entitled to payment of premiums as soon as the thing insured is exposed to the perils insured against. When insurer entitled to Return of Premiums 1. 96/143 . proportioned lawphilreviewer. the insurer never incurred any liability under the policy 4. 19.12/26/13 public international law | Search Results | Philippine Law Reviewers (2) notice must be based on the ff. when the contract is voidable on account of fraud or misrepresentation of the insurer. occurrences after effective date of the policy (a) non-payment of premiums (b) conviction of a crime arising out of acts increasing the hazard insured against (c) discovery of fraud or material misrepresentation (d) discovery of willful or reckless acts or omissions increasing the hazard insured against (e) physical changes in the property insured which results in the property becoming uninsurable (f) determination by the Commissioner that the continuation of the policy would violate or would place the insurer in violation of the Insurance Code (3) notice must be in writing (4) it must be mailed or delivered to the insured at the address shown in the policy (5) notice must state the ground relied upon and that upon written request of the insured. e. when on account of facts. in case of over-insurance by several insurers (ratable return of premiums. Exceptions: (a) in case of life or industrial life policy.

the insurer is liable. person insured must be the same existence of several insurers subject matter insured must be the same interest the same risk insured against also the same Over Insurance lawphilreviewer. If insured kills himself within a period of 2 years. d. Loss When Insurer is Liable: 1. regardless of the time of commission. which permanently deprives the insured of its possession in whole or in part 3. the thing is exposed to a peril not insured against. where the peril insured against was only a remote cause 2. b.12/26/13 public international law | Search Results | Philippine Law Reviewers to the amount by which the aggregate sum insured in all policies exceed the insurable value of the thing at risk) 1. c. b. insurer is not liable. if. 3. 4. insurer is not exonerated by a loss caused by simple negligence of the insured if the proximate cause of the loss is a peril insured against 5. a. c. in the course of such rescue. e. loss. d. 20. Double Insurance 97/143 . where the thing insured is rescued from the peril insured against that would otherwise have caused a loss. d. although a peril not contemplated by the contract may have been the remote cause or even the immediate cause of the loss 2. a. if it amounts to bad faith General Rule: The insurer is not liable for a loss caused by the willful act of the insured. c. loss caused by the willful act of insured 5. where the peril insured against was the proximate cause. the immediate cause of which is a peril insured against except when the proximate cause is an excepted peril When Insurer Not Liable: 1. 21. 1. Exception: Suicide Clause in Life Insurance: Insurer liable in case insured committed suicide after the policy has been in force for a period of 2 years from the date of its issue or last reinstatement. Exception to Exception: If suicide is committed in a state of insanity. a loss which would not have occurred but for such peril is thereby excepted 3. 2. Double Insurance – exists where the same person is insured by several insurers separately in respect to the same subject and interest Requisites: a. e. loss caused by insured’s negligence. where loss is caused by efforts to rescue the thing insured from a peril insured against 4. 1. where the peril is specifically excepted. loss caused by the connivance of the insured 4.wordpress. e.

1. the same interest and risk are insured 9. insurer becomes the insured 2. 3. 5. a. one who is original insured has no interest in the contract of reinsurance which is independent of the original contract of insurance 6. subject matter is the insured risk or liability 3. b. General Rule: The insurer who obtains reinsurance must communicate: 1. Liability of Insurer: Insurance taken from each insurer ———————————. all the knowledge and information he possesses. or a manifest intention of the contracting parties to the reinsurance contract to favor the 98/143 .wordpress. all the representations of the original insured. 2. 4. and 2. 22. there must be consent of original 5. insurer remains the insurer 7. subject matter is property 8. the reinsurance contract in favor of the insured. insured has to give his consent 10. different risks and interests of insured 4. insured is the party in interest in all lawphilreviewer. 3. whether previously or subsequently acquired which are material to the risk Exception: under automatic reinsurance treaties Reinsurance Double Insurance 1. 2. The original insured cannot recover from this insurance unless there is a specific grant. or assignment of. 5.12/26/13 public international law | Search Results | Philippine Law Reviewers may be only one insurer must be 2 or more insurers insurance covers more than the value of insurable interest insurance may or may not exceed the value of insurable interest The Code prohibits double insurance without the consent of the insurer. Reinsurance: A process by which an insurer procures a third person to insure him against loss or liability by reason of such original insurance.x insurance value of property received = liability of insurer total 1. 1. 4.

in pursuance of some unlawful or fraudulent purpose. whether it be of the cargo. in the freightage. in the ship even if it has been chartered by one who promises to pay him in value in case of loss (insurer is liable for what insured cannot recover from the charterer). negligent failure of the ship owner to provide the vessel with proper equipment to convey the cargo under ordinary conditions Owner of the Ship has Insurable Interest: 1. Charter Party: Contract by virtue of which the owner or the agent of a vessel binds himself to transport merchandise or persons for a fixed price.12/26/13 public international law | Search Results | Philippine Law Reviewers contracts 1. which according to the ordinary and probable course of things he would have earned but for the intervention of a peril insured against or other peril incident to the voyage Charterer has insurable interest in the ship to the extent that he is liable to be damnified by its loss.wordpress. or the ship’s furniture or tackle. 1. It has also been defined as a contract by virtue of which the owner or the agent of the vessel for the transportation of goods or persons from one port to another. Marine Insurance: insures against perils of the sea. or 3. 3. in the hope of saving the rest of the venture. b. even when hypothecated by bottomry (only the excess of its value over the amount secured by bottomry) and 2. ordinary wear and tear of a ship. a. not of the ship Perils of the Sea Perils of the Ship covered by marine insurance not covered by marine insurance denote nature accidents peculiar to the sea which do not happen by intervention of man nor are to be prevented by human prudence damage or losses resulting from: 1. 23. without the consent of the owners and to the prejudice of the owner’s interest. Insurable Interest in Marine Insurance: Determined when one will sustain loss from the destruction of the subject matter or derive benefit from its preservation. natural and inevitable action of the sea 2. Barratry: Any willful misconduct on the part of the masters or crew. 2. Jettison: Intentional casting overboard of any part of a venture exposed to a 99/143 . Loan on Bottomry: Contract in the nature of a mortgage whereby the owner of a ship borrows lawphilreviewer.

b. where the nationality or neutrality of a ship or cargo is expressly warranted. nature of the ship nature of the voyage nature of the service n Seaworthiness of the vessel is required only at the commencement of the risk n Exceptions: 1. Loan on Respondentia: Contract akin to that of mortgage made on the goods on board the ship. a. that the ship is seaworthy – complied with if the ship is seaworthy at the time of commencement of risk. 2. b.wordpress. e. It is stipulated in such a contract that if the ship be lost in the course of the specific voyage or during a specified limited time caused by any of the perils enumerated in the contract. and which are to be sold or exchanged in the course of the voyage. 5. in reference to a material fact is material. b. (b) cargo to be transshipped at indeterminate port – each vessel upon which cargo is shipped is seaworthy at the commencement of each particular voyage 2. except: (a) insurance for a specified length of time – at the commencement of every voyage it undertakes during that time. that the vessel shall not engage in illegal venture 3. equipment or repair of the vessel for a definite term. it is implied that the ship will carry the requisite documents to show such nationality or neutrality and that it will not carry any documents which may cast reasonable suspicion thereon Seaworthiness depends on: 1. d. a. 2. c. Freightage: Signifies all the benefits derived by the owner. c. that the vessel shall not deviate from the course of the voyage insured 4. a. or those of others. the lender shall resolutely lose his money. a. in a Time Policy – commencement of every voyage that must be undertaken lawphilreviewer. national character of the insured liability of the thing insured to capture and detention liability to seizure from breach of foreign laws of trade want of necessary documents use of false and simulated papers Implied Warranties: 1. carriage of his own 100/143 . d. The goods serve as the principal security. information or the belief or expectation of a 3rd person.12/26/13 public international law | Search Results | Philippine Law Reviewers money for the use. n Concealment of the following merely exonerates the insurer from the resulting loss therefrom: 1. with maritime or extraordinary interest on the account of the maritime risks to be borne by the lender. and pledges the ship as a security for repayment. c. 4. Concealment: In marine insurance. 3. 3.

b. b. a. a. he declares the relinquishment to the insured of his interest in the thing insured (where the cause of loss is a peril insured against) (a) more than ¾ thereof in value is actually lost or would have been expended to recover it from the peril lawphilreviewer. when made in good faith and upon reasonable grounds of belief in its necessity to avoid a peril Loss 1. when made in good faith for the purpose of saving human life or relieving another vessel in distress 4. b. Actual Total Loss n a total destruction of the thing insured n the irretrievable loss of the thing by sinking or by being broken up n any damage to the thing which renders it valueless tot he owner for which he held it n any other event which effectively deprives the owner of 101/143 . public international law | Search Results | Philippine Law Reviewers in a Cargo Policy – commencement of each particular voyage in a Voyage Policy – commencement of each portion of the voyage Deviation 1. c. at the port of destination. 2. d. c.12/26/13 2. its cargo. b. cargo. when caused by circumstances over which neither the master not the owner of the ship has any control 2. Constructive Total Loss – gives to the person insured the right to abandon Average – any extraordinary or additional expense incurred during the voyage for the preservation of the vessel. a. a departure from the course of the voyage insured unreasonable delay in pursuing the voyage commencement of an entirely different voyage When is Deviation proper? 1. 3. or both from the real or known risk Abandonment – act of the insured by which. when necessary to comply with a warranty or to avoid a peril whether it is insured against or not 3. after a constructive total loss. c.wordpress. or both and all damages to the vessel and cargo from the time it is loaded and the voyage commenced until it ends and the cargo unloaded General Average – an expense or damage suffered deliberately in order to save the vessel. of the thing insured 1. 3.

c. 3. silence for unreasonable length of time) conclusive upon the parties and admits the loss and sufficiency of abandonment irrevocable. need not be accompanied by proof of interest or loss Acceptance of Abandonment 102/143 . may be express or implied (i. a. unless the ground on which it is made is proved to be unfounded If insurer refuses to accept a valid abandonment – liable as upon actual total loss Upon actual abandonment 1. must be total and conditional made within a reasonable time explicit notice coupled with actual abandonment Requisites for Valid Valuation in the Valued Marine Policy: 1. a. 4. may be oral or in writing (if oral. Requisites of a Valid Abandonment: 1. b. 2. 2. written notice must be submitted within 7 days from oral notice) 2. a. d. 3. insured must have interest at risk there must be no fraud on the insured’s part Notice of Abandonment: 1. a. c. must be explicit 3. 2. b. or a risk which a prudent man would not undertake under the circumstances (d) if the thing insured is cargo or freightage. freightage earned before loss – belongs to the insurer of freightage freightage earned after loss – belongs to insurer of ship Co-insurance: form of insurance in which the person who insures his property for less than the entire value is understood to be his own insurer for the difference which exists between the true value of the property and the amount of insurance lawphilreviewer. c. must specify the particular cause for abandonment 4.12/26/13 public international law | Search Results | Philippine Law Reviewers (b) it is injured to such an extent as to reduce its value by more than ¾ (c) if the thing insured is the ship and the voyage cannot be lawfully performed without incurring an expense of more than ¾ of the whole. b. a. d.wordpress. 2. and the voyage cannot be performed on another ship procured by the master within a reasonable time and with reasonable diligence to forward the cargo without incurring an expense or a risk as stated above Freightage cannot be abandoned unless ship is also abandoned. b. b.e.

Scope of Fire Insurance: 1. and it increases the risk of loss or damage Rules: 1. so long as it is confined to the place where it ought to be 2. 2. 5. insurance taken is less than the actual value of the thing insured loss is partial Primage – increase in freightage 1. b. 2. fire lightning windstorms tornado earthquake other allied risks When does alteration in the use or condition entitle the insurer to rescind the contract? 1. Fire Insurance Insurer is liable for loss or damage caused by hostile fire (fire that escapes from the place where it was intended to burn and ought to be in) and not that caused by friendly fire (fire which burns in a place where it is intended to burn). it may become hostile if it by accident. c. b. such alteration violates a provision in the policy it was made without the insurer’s consent it is done within the insured’s control. 3. unexpected and unusual. f. a. even though it results from an act or even which was intelligently done. a. if it escapes. e. 103/143 . 6. 2. a. policy shall not protect the insured from injury consequent upon his negligent use or management of fire. restore the property damaged – contract of insurance is discharged and parties enter into a new contract of insurance 1. becomes so extensive as to be beyond control Options of the Insurer 1. a. b. the insurer is liable 3. 24. c.12/26/13 public international law | Search Results | Philippine Law Reviewers Co-insurance applies only where the: 1. by his own hand while insane by taking poison by mistake lawphilreviewer. Insurer is Liable for death/injury to insured: 1. 2. b. even though the insured was negligent. purchase the property at appraised valuation 2. Casualty Insurance: Any injury that is intended. 3. c. d. 25.wordpress. a. 4. even though a fire may remain in its proper place. a. b.

This does not apply to property damage. e. on the death of the insured 2. Endowment Policy – insurer agrees to pay a certain sum to the insured if the latter outlives a designated period. If the latter survives the period. Life or Endowment Policies lawphilreviewer. c. Limited Payment Life Policy – premiums paid only for a specified period of years. motor vehicle owner or one who is the actual legal owner of a motor vehicle in whose name such vehicle is registered with the LTO 2. if he dies before that time. even though such acts were intentionally done 5. 27. the proceeds are paid to the beneficiary 5. the contract terminates and the insurer is not liable 4. 1. b. semi-annual or quarterly premiums while he lives. a. 26. c. 3.wordpress.12/26/13 public international law | Search Results | Philippine Law Reviewers 3. Life Insurance: an insurance in human life and insurance appertaining thereto or connected therewith may be payable: 1. a. contingently on the continuance or cessation of life (b and c refer to endowment or annuities) Uses and Common Kinds of Life Insurance: 1. d. The Business of Insurance 1. b. The insurer agrees to pay the face value of the policy upon the death of the insured. Whole Life or Ordinary Policies – here. Term Policy – insurer’s liability arises only upon the death of the insured within the agreed term as period. 28. e. by overdoes of drugs administered or taken by mistake. by unexpected bacterial infection consequent upon doing acts. whose ownership is transferred to him with the burden of income 1. Life Annuity – debtor binds himself to pay an annual pension or income during the life of one or more persons in consideration of a capital consisting of money or other property. Suretyship – an agreement whereby the surety guarantees the performance of the principal or obligor of an obligation or undertaking in favor of a 3rd party called the obligee 1. the insured agrees to pay annual. d. a. a. c. land transport operator or one who is the owner of a motor vehicle or vehicles being used for conveying passengers for compensation (including school buses) No Fault Indemnity Clause: The insurance company shall pay any claim for death or bodily injuries sustained by a passenger or 3rd party without the necessity of proving fault or negligence of any kind subject to certain 104/143 . by unprovoked violence of others Compulsory Motor Vehicle Liability Insurance Persons subject to CMVLI: 1. b. on his surviving a specified period 3. otherwise. 2. by ignorance or material pathological conditions 4.

upon: 1. and 2.wordpress. payment of all overdue premiums and any indebtedness to the company upon said policy Exceptions: 1. production of evidence of insurability. b. if cash surrender value has been paid if period of extension has expired 1. b. Claims Settlement Unfair Claims Settlement Practices: (a) knowingly misrepresenting to claimants pertinent facts or policy provisions relating to coverage at issue (b) failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies (c) failing to adopt or implement reasonable standards for the prompt investigation of claims arising under its policies (d) no attempt in good faith to effectuate prompt. and (b) filing of proof of death (upon failure to pay interest. a.12/26/13 public international law | Search Results | Philippine Law Reviewers Grace Period – 30 days for the payment of any premium due after the first premium has been paid Period of Incontestability – after the lapse of 2 years from the date of issue or date of approval of last reinstatement Reinstatement of Policy – within 3 years from the date of default of premium. fair and equitable settlement of claims submitted in which liability has become reasonably clear (e) compelling policy holders to institute suits to recover the amount due under its policies by offering with no justifiable reason an amount substantially less than that ultimately recovered in suits brought by them Proceeds of Life Insurance – payable within 60 days after: (a) presentation of claims. 2. 105/143 . a. at the rate of 2 times the ceiling prescribed by the Monetary Board unless based on the ground that the rate is fraudulent) Proceeds of Policies other than Life – payable: (a) upon proof of loss lawphilreviewer.

date of the issue of the receipt c. 5. location of the warehouse b. or aids in any manner in soliciting. Negotiable Receipt – receipt deliverable to order or to bearer. 2. 2. 3. Power of Commissioner to Suspend/Revoke License (a) if insurance contract is in unsound condition (b) if it has failed to comply with the provisions of law or regulations obligatory upon it (c) its conditions or methods of business s such as to render its proceedings hazardous to the public or to its policy holders (d) that its paid up capital stock. 6. Insurance Broker – any person for any compensation. is impaired or deficient (e) that the margin of solvency required of each company is deficient Insurance Agent – any person who for compensation solicits or obtains insurance on behalf of any insurance company or transacts for a person other than himself an application for a policy or contract of insurance to or from such company or offers or assumes to act in negotiating of such insurance. He must be first licensed as such before doing any acts as insurance agent. or its available cash assets. consecutive number of the receipt d. Non-negotiable Receipt – receipt deliverable to a specified person. 1. 1. 1. Warehouse Receipt – written acknowledgment by a warehouseman that he has received and holds certain goods therein described in store for the person to whom it is issued. Warehouse – a building or place where goods are deposited and stored for profit. 4. or its security deposits. 1. acts. Only a warehouseman may issue warehouse receipts. A license is required. commission or any other thing of value. rate of storage charges lawphilreviewer. or his order 5. 3.wordpress. Warehouseman – person lawfully engaged in the business of storing goods for profit. statement whether the goods received will be delivered to bearer. c. or a specified person. WAREHOUSE RECEIPTS LAW 1. e. 4. negotiating or procuring the making of any insurance contract or in placing risk or taking out 106/143 . 1. on behalf of an insured other than himself. payable in 90 days) 1.12/26/13 public international law | Search Results | Philippine Law Reviewers (b) upon ascertainment of loss or damage (if not made within 60 days of proof of loss. 1. 1. as the case may be. Essential Terms which MUST be embodied in a Warehouse Receipt: a.

a. the warehouseman is held liable for all damages suffered by a holder believing the same to be the original. 2. a. h. the warehouseman is liable according to the terms of the altered receipt. 7. Terms which may be inserted in a Warehouse Receipt: Any other terms except (a) those contrary to the provisions of this Act. 4. 3. description of the goods or packages containing them for identification purposes 7. g. A non-negotiable receipt must be clearly marked non-negotiable or not negotiable.wordpress. according to the terms of the original receipt lawphilreviewer. otherwise. the warehouseman is liable on the altered receipt according to its original tenor. then the goods delivered for storage become ordinary deposits. may treat it as negotiable. statement of the amount of advances made and of liabilities incurred for which the warehouseman claims as lien 1. The negotiability of the warehouse receipt is not affected. b. otherwise. Marks to be made on a warehouse receipt: 1. If the alteration is MATERIAL. The warehouseman shall be held liable for damages to those injured by his omission. If the alteration is MATERIAL but AUTHORIZED. d. Such original receipt is uncancelled at the date of the issue of the duplicate. The duplicate is an accurate copy of the original receipt. Duplicate receipts must be so marked. d. 1. The issuance of a warehouse receipt in the form provided by the law is merely permissive and directory and not mandatory in the sense that if the requirements are not observed. 1. 9. 4. If the alteration is IMMATERIAL (the tenor of the receipt is not changed). 2. 1. 10. b. c. UNAUTHORIZED but INNOCENTLY MADE. a. If the alteration is MATERIAL and FRAUDULENTLY MADE. authorized or not. 1. signature of the warehouseman 8. the warehouseman is liable: (1) to the purchaser of the receipt for value and without notice of the alteration according to the tenor of the altered receipt (2) to the alterer. whether fraudulent or 107/143 . the holder of the receipt who purchased it for value and who supposed it to be negotiable. the warehouseman is liable on the altered receipt according to its original tenor. c. 8. The validity of the warehouse receipt is not affected. Warranties of a warehouseman as to duplicate receipts: 1. according to the terms of the original receipt (3) to subsequent purchasers with notice of the alteration.12/26/13 public international law | Search Results | Philippine Law Reviewers 6. Effects of alteration on the liability of the warehouseman: 1. 3. b. 2. Effect of omission of any of the essential terms: a. f. b. 2. (b) those that would impair a warehouseman’s obligation to exercise that degree of care in the safekeeping of the goods entrusted to him 1. 11.

the warehouseman is not liable even if the goods are not of the kind as indicated in the marks or labels. (2) where more than one person claims title or possession of the goods the warehouseman may require all claimants to interplead. 3. The court will then order delivery to the person having a better right. a. any person lawfully entitled to the possession of the goods may be entitled to delivery without surrender of the receipt. 13. To deliver the goods to the holder of the receipt or the depositor upon demand. As against a bona fide purchaser of a warehouse receipt. Principal Obligations of a Warehouseman: 1. b. he is liable directly to the owner. 1. c. (2) an offer to surrender the negotiable receipt properly endorsed. 1. while in the possession of the warehouseman and lawphilreviewer. 12. Persons to whom goods must be delivered: 1. persons to whom a competent court has ordered the delivery of the goods (1) where a negotiable instrument has been lost or destroyed. 14. (3) a readiness and willingness to sign an acknowledgment that the goods have been delivered if such is requested by the warehouseman. b. Persons lawfully entitled to the possession of the goods or his agent: 108/143 . 1. 1. a. If the receipt is nonnegotiable. To take care of the goods entrusted to his safekeeping General Rule: A warehouseman is required to exercise such degree of care which a reasonable careful owner would exercise over similar goods of his own. A warehouseman is under the obligation to deliver the identical property stored with him and if he fails to do so. Exception: He shall not be liable for any loss or injury which could not have been avoided by the exercise of such care. the warehouseman is estopped from denying that he has received the goods described in the receipt. b. provided demand is accompanied with: (1) an offer to satisfy the warehouseman’s lien. an attaching creditor – Goods. He shall be liable for any loss or injury to the goods caused by his failure to exercise such care.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. Exception to the Exception: He may limit his liability to an agreed value of the property received in case of loss. 2. the court may order delivery to a person upon satisfactory proof of such loss or destruction and upon proper posting of a bond to protect the warehouseman from any liability or expense which he may incur by reason of the original receipt remaining outstanding. Effects of misdescription of goods: 1. He cannot stipulate that he will not be responsible for any loss caused by his negligence. A. If the description consists merely of marks or label upon the goods or upon the packages containing them.

15. If goods are covered by a non-negotiable receipt: 1. a. the terms of which the goods are deliverable: 1. or (ii) its negotiation is enjoined. to him or order 2. 2. If goods covered by a negotiable warehouse receipt are delivered by a warehouseman but he fails to take the receipt and cancel it.wordpress. a person entitled to the delivery by the terms of the receipt. 2. cannot be attached or levied upon under an execution unless: (I) the negotiable receipt is first surrendered to the warehouseman. indorsed in blank by the person whom delivery was promised 1. When is there Misdelivery? When the warehouseman delivers the goods to a person who is not in fact lawfully entitled to the possession of the goods because: 1.12/26/13 public international law | Search Results | Philippine Law Reviewers covered by a negotiable receipt. d. 17. the warehouseman had either: (1) been requested by the person lawfully entitled to the delivery not to make such delivery. or (iii) the receipt is impounded by the court c. 1. to the purchaser where perishable or hazardous goods are sold at private or public sale 1. What happens if there is proper delivery or partial delivery but the warehouseman fails to cancel the receipt or record on the receipt of such partial delivery? 1. d. c. a. or (2) had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods 1. a person in possession of the 109/143 . then he is still liable to one who purchases for value and in good faith such receipt. to the purchaser in case of sale of the goods by the warehouseman to enforce his lien 1. a. If he makes partial delivery of the goods but fails to record the partial delivery on the receipt then he may still be held liable for the entire receipt to one who purchases for value and in good faith such receipt. a. If goods are covered by a negotiable receipt. Effects of Misdelivery: The warehouseman shall be liable for conversion to all having a right to property or possession of the goods. b. one who has written authority from letter a 1. lawphilreviewer. C. or the person falls under letter B or C but prior to delivery. the person does not fall under letter B or C above. b. B. b. or 2. 16. b. to bearer 3. indorsed to him 4.

12/26/13 public international law | Search Results | Philippine Law Reviewers 1. before negotiation. Lawful excuses for refusal to deliver goods: 1. or (2) from the warehouseman’s lien 1. 22. b. the warehouseman shall be excused from liability for refusing to deliver the goods either to the depositor or person claiming under him until he has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. The warehouseman will not be required to deliver the goods if such had been lost.wordpress. 19. Exception: A warehouseman may co-mingle fungible goods of the same kind and grade provided he is authorized by agreement or by custom. 1. If goods have been lawfully sold or disposed of because of their perishable or hazardous nature. The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the goods had been kept separate. 2. 18. a. there will be no longer a danger that a 3rd person will be prejudiced lawphilreviewer. c. b. 1. 1. 1. But this is without prejudice to liabilities which may be incurred by him due to such loss. e. Rules as regards Co-mingling of Deposited Goods: General Rule: A warehouseman may not co-mingle goods belonging to different depositors or belonging to the same depositor for which separate receipts had been issued. The warehouseman having a valid lien against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied. The warehouseman can refuse to deliver the goods if he has acquired title or right to the possession of the goods: (1) directly or indirectly from a transfer made by the depositor at the time of the deposit for storage or subsequent 110/143 . Effect of Co-mingling of Goods: 1. d. may protect themselves by obtaining a writ of preliminary injunction and serve the same on the depositor before he has a chance to negotiate the receipt. Remedies of a Creditor: (the debtor being the owner of the negotiable receipt) Creditors of the depositors. a. The different owners become co-owners of the whole mass. 21. 1. the warehouseman shall not be liable for failure to deliver the goods. Once enjoined. 1. 20. 1. A warehouseman cannot refuse to deliver goods to the depositor or to a person claiming under him on the ground that adverse title to the goods belongs to a third person. If someone other than the depositor or person claiming under the depositor has a claim to the title or possession of the goods and the warehouseman has information of such claim.

wordpress. when the warehouseman wrongfully refuses to deliver the goods when a demand is made with which he is bound to comply 1. weighing. by refusing to deliver the goods until the lien is satisfied 2. a. by special indorsement – which would require further indorsements for further negotiations. interest. all lawful claims for money advances. when the warehouseman voluntarily surrenders possession of the goods without requiring payment of his lien. Warehouseman’s Lien Extent of Warehouseman’s Lien: A warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands for: 1. b. by causing the extrajudicial sale of the property and applying the proceeds to the value of the lien 3. by filing a civil action for unpaid charges or by way of counterclaim in an action to recover the property from him How is a lien lost? 1. insurance. transportation. all lawful charges for storage and preservation of the goods 2. levied upon. a. labor. c. In both cases.12/26/13 public international law | Search Results | Philippine Law Reviewers so the goods may now be attached. a. a. b. or that the vendor’s lien or the right of stoppage in transit be exercised. goods belonging to other persons stored by the depositor who is liable to the warehouseman as debtor with authority to make a valid pledge How is a lien enforced? 1. or 2. 23. cooperating and other charges and expenses in relation to such goods 3. 111/143 . by indorsing it in blank thereby making it deliverable to bearer or 2. a. 1. the indorsements must be coupled with delivery. 24. b. goods belonging to the depositor who is liable to the warehouseman as debtor whenever such goods are deposited and 2. Negotiation and Transfer of Receipts How do we negotiate a receipt deliverable to order? 1. c. How do we negotiate a receipt deliverable to bearer? lawphilreviewer. all reasonable charges and expenses for notice and advertisements of sale and for sale of the goods where default has been made in satisfying the warehouse lien Goods Subject to lien: 1. b.

the right to notify the warehouseman of the transfer thereof and 3. Rights of a person to whom a non negotiable receipt has been transferred: 1. as if the warehouseman directly contracted with him May non negotiable receipts be negotiated? No. a. or the person to whom possession of the receipt was entrusted to by the owner Rights acquired by a person to whom the receipt has been negotiated: 1. But they may be transferred or assigned by delivery. the title of the person negotiating the receipt over the goods covered by the receipt 2. the owner of the receipt.wordpress. the direct obligation of the warehouseman to hold possession of the goods for him. even if the receipt is indorsed. the transferee acquires no additional right. That is why they are called non negotiable receipts. 2. 112/143 . b. b. not indorsed: 1. The goods cannot be attached or levied under an execution unless the receipt be first surrendered to the warehouseman or its negotiation enjoined. b. Who may negotiate warehouse receipts? 1.12/26/13 public international law | Search Results | Philippine Law Reviewers There is no need to indorse for negotiation. the title to the goods as against the transferor 2. a. c. Rights of a person to whom a negotiable receipt has been transferred. the warehouseman is not bound to the transferee whose right may be defeated by a levy of an attachment or execution upon the goods by the creditor of the transferor or by a notification to such warehouseman of the subsequent sale of the goods. there will be a need for indorsement. a. the bearer character of the receipt is destroyed and for further negotiation. the right to the goods as against the transferor the right to compel the transferor to indorse the receipt. c. the title of the person (depositor or owner) to whose order by the terms of the receipt the goods were to be delivered 3. the right thereafter to acquire the obligation of the warehouseman to hold the goods for him Distinction between a non negotiable receipt from a negotiable receipt with regard to attachment or execution upon goods: Non-negotiable Receipt Negotiable Receipt Prior to notification of the warehouseman by the transferor or transferee. But if the instrument is indorsed specially. b. 2. But if the intention of the parties lawphilreviewer. Physical delivery of the instrument will suffice.

It is the duty of the purchaser. A bona fide purchaser of a negotiable warehouse receipt acquires title to the goods where he purchases from the owner’s agent within the actual or apparent scope of his authority. If a negotiable instrument is originally payable to bearer. Accordingly. it will be converted into a receipt deliverable to order and can only be negotiated further by indorsement and delivery. a. d. If a warehouse receipt. b. payable to bearer. In sum. whether specially or in 113/143 . for lawphilreviewer. mortgagor. When a warehouse receipt is altered. The indorsement of a negotiable instrument has a double effect. The subsequent purchaser must have taken the receipt in good faith and for value. 4. an indorser of a receipt shall not be liable to the holder if. it becomes null and void. is indorsed specially. negotiation is valid despite having been made in breach of trust.wordpress. Note: Negotiation takes effect as of the time when the indorsement is actually made. Warranties of a person negotiating or transferring a receipt: 1. it will always remain so payable regardless of the way it is indorsed. otherwise his failure will have the same effect as an express authorization on his part to the seller. 2. c. or pledgor in possession of such receipt to make any subsequent negotiation. the transferee has no right to require the transferor to indorse the receipt. An indorsee even if a holder in due course obtains only such title as the person negotiating has over the goods.12/26/13 public international law | Search Results | Philippine Law Reviewers is that the receipt should merely be transferred. It is at the same time a conveyance of the instrument and a contract the indorser has with the indorsee that on The indorsement of a warehouse receipt amounts merely to a conveyance by the indorser. mortgagee or pledgee of goods for which a negotiable receipt has been issued to require the negotiation of the receipt to him. Distinctions between a negotiable instrument and a negotiable warehouse receipt: Negotiable Instrument Negotiable Warehouse Receipt When a negotiable instrument is altered deliberately. the receipt is genuine he has a legal right to negotiate or transfer it he has knowledge that would impair the validity or worth of the receipt and he has a right to transfer the title to the goods and that the goods are merchantable A holder for security of a receipt (mortgagee or pledgee) who in good faith accepts payment of the debt from a person does not warrant the genuineness of the receipt not the quality or quantity of the goods therein described. A holder in due course may be able to obtain a title better than that which the party who negotiated the instrument to him had. 3. it is still valid but it may be enforced only in accordance with its original tenor.

Exempt Transactions a. a. a bond with the National Grains Authority is required. obligations payable in Philippine currency but measured in gold/foreign currency 1. GENERAL BONDED WAREHOUSE LAW Any warehouseman receiving commodities for (a) storage. the warehouseman fails to deliver the goods because they were lost due to his fault or negligence. 4. transactions affecting high priority economic projects c. (c) co-mingling must: 1. import and export and other international banking. 2. formula that is new and untried in the Phils. If registered status. b. 1. 2. d. (b) milling. obtain prior license from the Bureau of Commerce 2. (c) agricultural activities/services essential to the attainment of food sufficiency. investment and industrial transactions Merchants and Commercial Transactions Classes of Investments: 1. forward exchange transactions between banks d. serving penalty of civil interdiction lawphilreviewer. production of product not produced at all/produced in non-commercial scale. file a bond in an amount equivalent to 33 1/3 % of the capacity of the warehouse against which bond depositors may sue directly 3. a. processing. Uniform Currency Law 1. no discrimination allowed 4. obligations payable in gold/foreign currency 2. financial. open to the public. scheme. a. 1. (d) produces non-conventional fuels/utilizes non-conventional sources of energy (all others are non-pioneer) 1. Obligations Null and Void 1. 3. investment not to exceed 40%. (b) uses a design.12/26/13 public international law | Search Results | Philippine Law Reviewers certain conditions. 3. Permissible – invest in excess of 40% in unregistered enterprise but with prior approval of BOI 3. 114/143 . liable for double market value should he accept goods in excess of the capacity of warehouse if goods are damaged or destroyed Note: for palay and corn license. If enterprise not registered. example. Pioneer Area – (a) involves manufacturing. c. a. invest up to extent as not to affect its registered status. b. the indorser will pay the instrument if the party primarily liable fails to do so. 1. 2.wordpress. Absolutely Disqualified to become Merchants 1. b. also an insurance cover is required. government to government transactions or with international banking institutions b. c.. Permitted – one allowed without need of prior authority from the Philippine Government.

guaranty. government collection agents and custodian of funds d. ledger for classifying accounts d. the former prevails 4. in case of conflicts between 2 books – that which s properly kept prevails 3. c. evidence against merchants themselves 2. loan. b. 1. 4. 1. 8. other proofs can be resorted to 1. 2. copying book for letters and 115/143 . Commercial Contracts by Correspondence are perfected from the moment the offeree accepts the offer. 3. 5. news. statement of assets. a.wordpress. only ostensible partners can sue/be sued 4. stock and commercial brokers e. things. Carrier/Conductor – one who binds himself to transport persons. Contract of Transportation – contract whereby a certain person or association of persons obligate themselves to transport persons. 5. agency. military chiefs c. This does not apply to deposit. 6. Parties to the Contract of Transportation: 1. from one place to another for a fixed price 1. b. book of inventories and balances. b. d. things. 2. if one keeps books and the other does not and cannot explain why. a. c. or to present his own person or those of other or others in the case of transportation of passengers 2. c. Shipper – one who gives rise to the contract of transportation by agreeing to deliver the things or news to be transported. partnership. d. journal of day to day operations c. 2. sales. as lawphilreviewer. if both books are properly kept and there is a conflict.12/26/13 public international law | Search Results | Philippine Law Reviewers 2. no juridical personality Transportation Law 1. 7. if juridical person. others are silent 2. economic. even before knowledge of said acceptance by the offeror. Relatively Disqualified a. b. 1. 3. Books a Merchant must keep a. 3. liabilities and capital b. judicial and prosecuting officials in active service b. 4. Joint Account Partnership – business arrangement whereby 2 or more persons interest themselves in the business of another by making contributions thereto and participating in the results thereof 1. by special laws cannot trade in specified territories 1. Probative Value of Merchant’s Book 1. only one member is ostensible. 9. no common name 3. 1. administrative. or news. a. include book of minutes and stock and transfer book 1. insolvent absolutely disqualified by special laws 1.

no exceptions being admissible other than forgery or material errors in the drafting thereof. Common Carrier – person. supercargo lawphilreviewer. requires only ordinary diligence 4. Bill of Lading – written acknowledgment of receipt of goods and agreement to transport them to a specific place to a person named or his carrier It is not indispensable to the creation of a contract of carriage. 4. association engaged in the business of carrying or transporting passengers. 3. a. 5. The contract itself arises from the moment goods are delivered by shipper to carrier and the carrier agrees to carry them. by the contents of which all disputes which may arise with regard to their execution and fulfillment shall be decided. water. 2. event independent of human will occurrence makes it impossible for debtor to perform in normal manner debtor free from aggravation/participation impossible to foresee or avoid 1. 1. c. or one employed in or engaged in the business of carrying goods for others for hire 1. scows and any other floating apparatus destined for the services of the industry or maritime commerce 1. must exercise extraordinary diligence Private Carrier – not engaged in the business of carrying. 6. by land. 8. d. for compensation.12/26/13 public international law | Search Results | Philippine Law Reviewers the case may be. captain or master c. 4. Carrier’s responsibility starts from the moment he receives unconditionally the merchandise personally or through an agent and lasts until he delivers them actually or constructively to the consignee or his agent. b. then he may refuse to accept and make carrier liable for conversion. Requisites of Caso Fortuito 1. ship owner and/or ship agent b. Mere delay in the delivery of goods to consignee does not give right to refuse goods – only breach of contract. offering services to the public. dredges. The function of the Bill of Lading: the legal basis of the contract between the shipper and carrier shall be the bills of lading.wordpress. 3. Contributory negligence does not entitle passengers to recover moral/exemplary damages. Vessels – those engaged in navigation. firm. 1. including floating docks. 1. no public employment. If delay is unreasonable. pontoons. 3. Persons Participating in Maritime Commerce: a. whether coastwise or on the high seas. goods or both. other officers of the vessel d. 7. corporation. 2. ergo damages. air. undertakes to deliver goods/passengers for 116/143 .

a. repayable upon arrival at destination 1. civil liability for the acts of the captain 2. 10. Roles of the Captain: 1. as well as for the safety of the passengers transported Ship owner/ship agent not liable for the obligations contracted by the captain if the latter exceeds his powers and privileges inherent in his position of those which may have been conferred upon him by the former.wordpress. 9.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. d. However. c. 1. 11. technical director of the vessels 3. c. Doctrine of Limited Liability – liability of shipowners is limited to amount of interest in said vessel because of the real and hypothecary nature of maritime law such that where the vessel is entirely lost. Accidents and Damages in Maritime Commerce: 1. He may do so for so long as he is not estopped from invoking the same or do acts inconsistent with abandonment. Averages 2. b. Collisions 4. Exceptions: (1) vessel is not abandoned (2) claims under workmen’s compensation (3) injury/damage due to shipowner’s fault (4) vessel is insured The doctrine also applies for claims due to death or injuries to passengers. there is no procedure to be followed. 1. In abandoning the vessel. if the amount claimed were made use of for the benefit of the vessel. aside from claims for goods. 117/143 . Loan on Bottomry – made by shipowner/ship agent guaranteed by vessel itself. the ship owner or ship agent is liable. Arrivals Under Stress 3. 12. civil liability for indemnities in favor of 3rd persons which may arise from the conduct of the captain in the care of the goods which the vessel carried. a. c. b. There is neither a prescriptive period within which the ship owner can make the abandonment. Shipwrecks lawphilreviewer. civil liability for contracts entered into by the captain to repair. the obligation is extinguished. general agent of the ship owner 2. represents the government of the country under whose flag he navigates 1. 14. provided that the amount claimed was invested for the benefit of the vessel 3. equip and provision the vessel. Liability of Ship owners and Ship agents: 1. a. b. Loan In Respondentia – taken on security of the cargo repayable upon the safe arrival at cargo destination 1.

b. there must be a resolution of the captain 3. a. deliberately incurred intended to save vessel and cargo or both from real and known risk there is success 1. 3. Collision – impact of 2 vessels both of which are moving 1. d. b. Average: 1. Simple Average – expenses/damages caused to the vessel/cargo not inured to common benefit and profit of all the persons interested in the vessel and her cargo. 118/143 . Formalities for Incurring Gross Average: 1. c. the minutes shall be signed by the parties 5.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. 2. General Average – expenses/damages deliberately caused in order to save the vessel. the resolution shall be entered in the log book. d. lack of foresight or skill of captain 1. all damages or deterioration which the vessel may suffer from the time it puts to sea at the port of departure until it casts anchor at the port of destination. its cargo or both from a real and known risk Requisites: 1. c. 18. a. b.wordpress. 3. Allision – striking of a moving vessel against one that is stationary 1. there must be an assembly of the sailing mate and other officers with the captain including those with interests in the cargo 2. within 24 hours upon arrival at the first port the captain makes. 19. Cases of Collision: lawphilreviewer. Arrivals under Stress – arrival of the vessel at a port not of destination on account of (a) lack of provisions. 15. 17. he shall deliver one copy of these minutes to the maritime judicial authority thereat 1. all extraordinary or accidental expenses which may be incurred during the voyage for the preservation of the vessel or cargo or both 2. 16. e. with the reasons and motives and the votes for and against the resolution 4. and those suffered by the merchandise from the time they are loaded in the port of shipment until they are unloaded in the port of their consignment 1. c. (c) by reason of accident of the sea disabling it to navigate When Not Lawful: 1. a. 2. 21. a. 4. lack of provisions due to negligence to carry according to usage and customs risk of enemy not well known or manifest defect of vessel due to improper repair malice. (b) well-founded fear of seizure. 4. 22. d. borne by respective owners 1. b. 20.

by running against another vessel or thing at sea or on coast where the vessel is rendered incapable of navigation 1. sailing mate or the complement of the vessel – ship owner liable for the losses and damages (Culpable Fault) 2. and both shall be solidarily responsible for the losses and damages occasioned to their cargoes (Inscrutable Fault) 1. it cannot be determined which of the 2 vessels caused the collision – each vessel shall suffer its own damages. 27. or that the services rendered contributed to such success 1. 25. service voluntarily rendered when not required as an existing duty or from special contract 3. or without any intention of returning it 1. 119/143 . b. 26. only an action for recovery of sum of money court has power to reduce the amount of court has no power to change amount in lawphilreviewer. due to the fault. without any hope of recovering it. derelict or recapture. b. Elements of a Valid Salvage: 1.12/26/13 public international law | Search Results | Philippine Law Reviewers 1.wordpress. or such property recovered from actual peril or loss. a marine peril 2. in cases of shipwrecks. and can look to the salvaged vessel for its share crew of the towing ship does not have any interest or rights with the remuneration pursuant to the contract salvor takes possession and may retain possession until he is paid tower has no possessory lien. negligence or lack of skill of the captain. success. in whole or in part. 24. a. a service which one person renders to the owner of a ship or goods by his own labor. a permit is required to engage in the salvage business 1. a. Derelict – a ship or cargo which is abandoned and deserted at sea by those who are in charge of it. Salvage – the compensation allowed to persons by whose voluntary assistance a ship at sea or her cargo or both have been saved in whole or in part from an impending peril. Shipwreck – denotes all types of loss/ wreck of a vessel at sea either by being swallowed up by the waves. 23. no responsibility will fall on said vessel 1. 29. due to fortuitous event or force majeure – each vessel and its cargo shall bear its own damages (Fortuitous) 3. c. 28. Difference between Towage and Salvage: Salvage Towage crew of salvaging ship is entitled to salvage. Contract of Towage – contract whereby a vessel usually motorized pulls another from one place to another for compensation. preserving the goods or ship which the owner or those entrusted with the care of them either abandoned in distress at sea or are unable to protect and secure. Error in Extremis – sudden movement made by a faultless vessel during the 3rd zone of collision with another vessel which is at fault. It is a contract of services. c. even if the said movement is wrong.

a. Cancer) 1. baggage. a. 3. transport of persons. 2. the carrier shall be discharged from all liability in respect of loss or damage of goods unless suit is brought within 1 year after delivery of the goods or the date when the goods should have been delivered. by sea c. 3. However. in foreign trade 1. 4. a. 4. damage sustained in the event of the death or wounding of a passenger taking place on board the aircraft or in the course of any of the operations of embarking or disembarking 2. If the loss or damage is not apparent. c. delay in the transport by air of passengers. loss or damage to any check baggage or goods sustained during the transport by air 3. either: a. or goods 1. 2.000 francs per passenger lawphilreviewer. 3. When Applicable: 1. When Applicable: a. before the court of the domicile of the carrier.12/26/13 public international law | Search Results | Philippine Law Reviewers remuneration if unconscionable towage even if unconscionable Carriage of Goods by Sea Act 1. for each passenger – limited to 125. b. Liabilities under the Convention: 1.wordpress. or in the case of landing outside an airport. c. 1. contracts for the carriage of goods b. b. the notice must be given within 3 days of delivery. b. 2. (Northwest Airlines vs. 1. 4. court of principal place of business of carrier. c. before the court at the place of destination 1. Action for damages must be brought at the option of the plaintiff. or goods Enumeration of causes of action as above stated is not an exclusive list. 1. Notice of Loss or damage must be given in writing to the carrier or his agent at the port of discharge or at the time of the removal of the goods into the custody of the person entitled to delivery. international transport by air 2. for hand carry – limited to 5. Meaning of Transport by Air – period during which the baggage or goods are in charge of the carrier. court where he has a place of business through which the contract has been made. d. Notice of loss. Convention provides for a limitation of liability: 1. Warsaw Convention 1. 5. in any place whatsoever 1. that fact shall not affect or prejudice the right of the shipper to bring suit within the 1 year prescriptive period. whether in an airport or on board an aircraft.000 francs 120/143 . 2. b. if not given. for goods and checked in baggage – limited to 250 francs per kilogram 3. to and from Philippine ports d. baggage. 1.

Notice requirement: damage to baggage : within 3 days from receipt damage to goods: within 7 days from receipt delay: within 21 days from receipt Failure to file written notice. operate. Notice Requirements: COGSA Code of Commerce loss/damage apparent protest at time of receipt of goods protest at time of receipt of goods loss/damage not apparent protest within 3 days from delivery protest within 24 hours after receipt Warsaw Convention damage of baggage protest within 3 days from receipt damage of goods within 7 days from receipt delay within 21 days from receipt Public Service Act 1. no action shall lie against the carrier. gas. heat and power and public utility. transportation. Every person that may own. manage. water. accidental. 1. shipyard. and done for a general business purpose any common carrier. 121/143 . 1. or from the date on which the transportation stopped. Public Utility – business or service engaged in regularly supplying the public with some commodity or service of public consequence such as electricity. electric light. save in the case of fraud on his part. 1. The right to damages shall be extinguished if an action is not brought within 2 years from the date of arrival at the destination. 2. control in the Philippines. occasional.wordpress. for hire/compensation with general/limited clientele whether permanent. 8. lawphilreviewer. 7.12/26/13 public international law | Search Results | Philippine Law Reviewers When can you not avail of this limitation? (1) willful misconduct (2) default amounting to willful misconduct (3) accepting passengers without ticket (4) accepting goods without airway bill or baggage without baggage chec 1. or from the date on which the aircraft ought to have arrived. 6.

1. either municipal or legislative is required by law an authorization issued by the proper government agency for the operation of public services for which a franchise is required by law 1. gains and profits from transactions entered into by him/another competing corporation in which he has substantial interest. 1.wordpress. Prior Applicant Rule – presupposes a situation where two interested persons apply for a CPC in the same community over which no person has yet been granted a CPC to operate. Prior Operator Rule – before permitting a new operator to invade the territory of another already 122/143 . Distinctions between CPCs and CPCNs Certificate of Public Convenience Certificate of Public Convenience and Necessity any authorization to operate a public service issued by the appropriate government agency issued by the appropriate government agency to a public service to which any political subdivision has granted a franchise an authorization issued by the proper government agency for the operation of public services for which no franchise. De Jure Corporation – corporation formed with all the requirements of law 1. 5. 5. De Facto Corporation – corporation defectively formed from a bona fide attempt to incorporate under the existing law and exercises corporate powers 1. 1. 4. public convenience Corporation Law 1. 3. 1. Filipino citizenship 2. This s a breach of fiduciary relationship. which should have been a transaction undertaken by the corporation. b. 3. 2.12/26/13 public international law | Search Results | Philippine Law Reviewers telephone or telegraph service. Doctrine of Corporate Opportunity – a director is made to account to his corporation. c. then the applicant who applied first will be given the CPC. a. Corporation by Estoppel – a group of persons which holds itself out as a corporation and enters into a contract with 3rd persons on the strength of such appearance cannot be permitted to deny its existence in an action under said contract lawphilreviewer. 1. the prior operator must be given an opportunity to extend its service to meet the public needs in the matter of transportation. If both applicants equal. Doctrine of Piercing the Veil of Corporate Entity – it is to disregard for justifiable reasons by the state the fiction of juridical personality of the corporation separate and distinct from the persons composing it 1. 4. financial capacity 3. 6. Requirements of CPC and franchise: 1.

6. adoption/amendment of by-laws c. 4. 9. a. Exceptions where holders of non-voting shares may vote: a. Roman Catholic) 1. 5. amendments of articles of incorporation b. Preferred Cumulative Participating Share of Stock – share entitling its holder to preference in the payment of dividends ahead of common stockholders and to be paid the dividends ahead of common stockholders and to be paid the dividends due for prior years and to participate further with common stockholders in dividend declarations 1. b. 3. Treasury Stocks – stocks previously issued and fully paid for and reacquired by the corporation through lawful means (purchase. corporate dissolution 1. increase/decrease of bonded indebtedness d. Trust Fund Doctrine – the subscribed capital stock of the corporation is a trust fund for the payment of debts of the corporation which the creditors have the right to look up to satisfy their credits. 1. 13. dividends where no surplus profits exist lawphilreviewer. donation. c. investment of funds in another corporation/another business purpose h. 11. 12. Founders Shares – given rights and privileges not enjoyed by owners of other stocks. increase/decrease of capital stock e. 8. 10. right to vote/be voted in the election of directors shall not exceed 5 years Non-Voting Shares 1. services less than par value. given preference in distribution of assets in liquidation and in payment of dividends and other preferences stated in the articles of incorporation 2. Over-issued Stock – stock issued in excess of authorized capital stock. etc. null and void 1. 8. Corporations may not dissipate this and the creditors may sue the stockholders directly for their unpaid subscriptions 1. Promotion Stock for Services Rendered Prior to Incorporation Escrow Stock – stock deposited with a 3rd person to be delivered to stockholder/assignor after complying with certain conditions – usually payment of full subscription price 1. sale/disposition of all/substantially all corporate property 123/143 . merger/consolidation of corporation g. 6. money/property less than par value.) 1. Voting Shares 1. 7. Preferred Shares – issued only with par value. Redeemable Shares – expressly provided in articles.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. a. Watered Stock – stock issued gratuitously.wordpress. have to be purchased/taken up upon expiration of period of said shares purchased whether or not there is unrestricted retained earnings 3. 2. 7. Corporation by Prescription – body not lawfully organized as a corporation but has been recognized by immemorial usage as a corporation with rights and duties maintainable by law (ex.

Chattel mortgage of shares registered with the Registrar of Deeds need not be registered in corporate books to bind third parties because corporate books only cover absolute transfers. a. enlarging stockholder’s rights/extending. corporate indebtedness arising from unpaid subscriptions 3. merger and consolidation 4. Right of Appraisal 1. 1. Merger – one corporation absorbs the other and remains in existence while the other is dissolved lawphilreviewer. 17. 2. 1. b. non-compliance with required Filipino stock ownership 1. But the pledgee/mortgagee may not have voting rights unless stated in the contract and registered in the corporate name. eliminate fractional shares 2. inimical 3. b. purchase delinquent shares 4. changing. treasurer’s affidavit false 4. shortening corporate life 2. a. delinquency and sale at public auction of delinquent shares 2. Methods of Collection of Unpaid Subscription 1. c. 19. c. c. How to organize? 1. 20. not in prescribed form 2. b. a. d. exercise of appraisal right 1. ordinary civil action 3. purpose illegal. collection from cash dividends and other amounts due to stockholders if allowed by by-laws/agreed to by him 1. d. Certificate of Stock – written acknowledgment by the corporation of the stockholder’s interest in the corporation. A corporation can reacquire stocks in the following cases: 1. 18. 15. Grounds for Rejection of Registration 1. b. c. It is the personal property and may be mortgaged/pledged. sale/disposition of all/substantially all of corporate assets 3. The total par value of the stocks subscribed by him should first be paid. d. adoption of by-laws election of Board of Directors election of officers But from issuance of certificate. 3. investment of funds in another corporation/for a different purpose 1. 124/143 .12/26/13 public international law | Search Results | Philippine Law Reviewers 1. 14. amending articles. restricting. it acquires juridical personality 1. Transfer binds the corporation when it is recorded in the corporate books. A stockholder who does not pay his subscription is not entitled to the issue of a stock certificate. call.wordpress. Corporation must organize within 2 years from issuance of certificate of incorporation. a. b. a. 21. 16.

c. 23.12/26/13 public international law | Search Results | Philippine Law Reviewers 1.wordpress. merely a privilege. a. b. Theory of Special Capacity – the corporation cannot exercise powers except those expressly/impliedly given 1. repeal of by-laws 3. it cannot be utilized unless allowed by the bylaws/articles 1. b. indirect participation in management to vote or remove directors 3. illegal combinations in restraint of trade in fraud 1. 22. notarized and filed with the SEC and the corporation 2. a direct participation in management – where his vote is needed to approve certain corporate actions 2. in writing. a. Acts requiring majority vote of stockholder: 1. d. proprietary rights 4. He may only be removed with cause. Theory of General Capacity – a corporation is said to hold such powers as are not prohibited/withheld from it by general law 1. 125/143 . filing of issue value of no par value share 2. Powers of stockholders: 1. 25. c. Voting Trust Agreement – an agreement between a group of stockholders and trustee for a term not exceeding 5 years in which control over the stocks is lodged in the trustee. c. adoption. The purpose is for controlling the voting. remedial rights 1. b. 29. 30. 24. 26. Cumulative Voting – the number of votes that a shareholder’s number of shares multiplied by the number of directors may give all said votes to one candidate or he may distribute them as he may deem fit. state may provide causes for which the privilege may be withdrawn 1. Concession Theory – a group of persons wanting to create a corporation will have to execute documents and comply with requirements set by the state before being given corporate personality. Consolidation – a new corporation is created and the consolidating corporations are extinguished 1. amendment. 27. In a non-stock corporation. compensation and other per diems for directors 1. 1. period not exceeding 5 years 3. a. 28. cannot be entered into to circumvent the laws against monopolies. lawphilreviewer. the general manager may bind the company even without formal authorization of the board of directors 1. Cumulative voting is a matter of right in a stock corporation. Where similar acts have been approved by the directors as a matter of general practice. The power of removal of directors that may be exercised with or without cause cannot apply to the director representing the minority shareholders. custom and policy.

General Rule: If surplus profits exceed the requirements the corporation shall declare dividends. a. Doing Business – continuity of commercial dealings incident to prosecution of purpose and object of the organization. b. 33. Otherwise. Exceptions: 1. Representative Suit – brought by the stockholder in his own behalf and in behalf of other stockholders similarly situated. c. 3. 34. b.wordpress. having common cause against the corporation 1. c. 32. Instances when unlicensed foreign corporations can sue: (1) isolated transactions (2) action to protect good name. 35. 1. 3. a. 37. and reputation of a foreign corporation lawphilreviewer. Foreign Corporations 1. This is compulsory if the surplus is equal/or more than the paid-up capital.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. goodwill. Derivative Suit – brought by a stockholder for and in behalf of the corporation to protect/vindicate corporate rights after he has exhausted intra-corporate remedies Requisites: 1. Business Judgment Rule – decisions made by a corporation’s management body shall not be interfered with even by the courts unless such acts are oppressive/unconscionable as to violate the rights of the minority 1. But where the isolated act is not incidental/casual but indicates the foreign corporation’s intention to do other business. 36. The lawyer who handled the case in the trial court may be considered as trustee for the dissolved corporation with respect to the matter in litigation only even if no appointment was extended to him. the corporation in liquidation would lose what justly belongs to them/be exempt from payment of obligations because of a technicality. (Selano vs. Isolated. CA) In a case filed before dissolution. Individual Suit – one brought to assert a right of a stockholder peculiar to himself 1. a. justified by approved expansion projects prohibited by creditor to declare dividends retention is necessary under existing circumstances 1. cause of action in favor of the corporation refusal of corporation to sue injury to the corporation Although corporations dissolved have 3 years to wind up. they can convey their properties to a trustee who can continue the suit beyond the 3 year period. said single act constitutes engaging in business in the Philippines 2. b. occasional or casual transactions do not amount to engaging in business. 2. 2. it may continue even beyond the 3 year period until final determination of 126/143 . 127/143 . b.wordpress. original and exclusive jurisdiction (1) fraudulent devices and schemes employed by directors detrimental to public interest (2) intra-corporate disputes and with the state in relation to their franchise and right to exist as such (3) controversies in the election.12/26/13 public international law | Search Results | Philippine Law Reviewers (3) contracts provide that Phil. Non-stock Corporation – one where no part of its income is distributable to its members and shall be used in furtherance of the purpose of which it was organized 1. associated with the clergy and consists of 1 person only and his successors. 38. c. its issued stock shall be subject to one or more restrictions on transfer and shall not be listed in any stock exchange/make public offering 3. Grounds for Suspension/Revocation of Certificate of Registration (1) fraud in procuring registration (2) serious misrepresentation as to objectives of corporation (3) refusal to comply with lawful order of SEC (4) continuous inoperation for at least 5 years (5) failure to file by-laws within the required period (6) failure to file reports (7) other similar grounds Revised Securities Act lawphilreviewer. etc. b. SEC Jurisdiction 1. trustees. (4) petition to be declared in a state of suspension of payments 1. a. appointment of directors. Close Corporations – one whose articles provide that its shares shall not be held by more than 20 persons. 39. Religious Corporations 1. Courts will be venue to controversies (4) license subsequently granted enables foreign corporation to sue on contracts executed before the grant of the license (5) recovery of misdelivered property (6) where the unlicensed foreign corporation has a domestic corporation 1. incorporated by law giving them legal capacity and advantage 2. Corporation Sole – special form of corporation.

stock transfers emanating from mergers and consolidations e. b.wordpress. violated code/ SEC rules. 1. etc. issuer/registrant insolvent. engages in fraudulent transactions 3. issued by the government subdivisions/instrumentalities b. stockholders of issuers is disqualified 5. issuer insolvent b. g. issued by building and loan association e. 4. in insolvency b. 1. securities issued by public service operator to broaden equity base 1. issued by receiver/trustee of an insolvent approved by the court d. Exempt Transactions a. pension plans regulated by BIR/Insurance Commission 1. 5. isolated transactions on securities done by owner/agent d. issuer’s business not sound 4. 6. director. a. h. d. Acts Prohibited 1. security/right/interest in real property including subdivision lot/condominium supervised by the Ministry of Human Settlements 8. issue would prejudice the public 1. manipulation of security prices lawphilreviewer. Grounds for Revocation a. c. Exempt Securities a. Exception: 1. 4. 3. b. General Rule: All securities before being offered for sale/actual sale to the public must first be registered and have the proper permit.12/26/13 public international law | Search Results | Philippine Law Reviewers (Material on the Securities Regulation Code of 2000 to follow) 1. 1. 5. pre-incorporation subscription f. dishonesty by issuer/misrepresented prospectus 128/143 . 2. 2. fraudulent transaction d. 4. issued by foreign government which the Philippines has diplomatic relations c. judicial sale by execution. 1. a. 3. 6. does not conduct business in accordance with law 1. 2. Grounds for Rejection of Registration 1. 3. 6. violated of Code/SEC rules c. issued by receiver/trustee of an insolvent approved by the court f. 2. exempt securities securities emanating from exempt transactions 1. sale of pledged property/foreclosed property to liquidate an obligation c. a. policy of insurance issued by insurance corporation supervised by the insurance commission 7. officer. 2. 5. 5. 4. 3. application incomplete/untruthful/omits to state a material fact 2. e.

b. or mere data as such. 2. anti-graft cases 6. e. procedure. amount and substantiality of the portion used in relation to the copyrighted work as lawphilreviewer. a. decompilation: the reproduction of the code and translation of the forms of the computer program with other programs 1. Deposits in banks. a. public international law | Search Results | Philippine Law Reviewers b. general and special examination of bank order of the Monetary Board of bank fraud or serious irregularity 7. f. d. news reporting. 1. e. addresses and dissertations. c. news of the day or other miscellaneous facts. teaching. 3. principle. sermons. f. including whether such use is of a commercial nature or for no profit or educational purposes 2. Fair Use of a Copyrighted Work is not Infringement 1. 6. having the character of mere items of press information. b. d. by court order in cases of bribery and dereliction of duty against public officials 4. impeachment cases 3. statutes. b. 4. any idea. method or operation. even if they are expressed. if depositor agrees in writing 2. c. 3. nature of the copyrighted work 3. re-examination made by an independent auditor hired by a bank to conduct its regular trust Laws on Intellectual Creation Copyright 1. and similar purposes 2. explained. including government banks. concept. discovery. 5. d. administrative or legal nature as well as any official translation thereof 2. comment. speeches. reports Secrecy if Back Deposits 1. What Works are not Protected: 1. c. c. may not be inquired into by any person. illustrated or embodied in a work.12/26/13 2. scholarship. 1. works of the government 3. communications. manipulation of deceptive devices artificial measures of price control fraudulent transactions insider trading false prospectus. for criticism. except: 1. a. 129/143 .wordpress. or any official text of a legislative. deposit is subject of litigation 5. rules. b. a. system. Factors to Consider in Determining Fair Use: 1. g. and regulations of government agencies and offices 4. purpose and character of the use. research. pronounced or rendered in courts of justices or nay administrative agencies in deliberative assemblies and meetings of public character 1.

Presumption of copyright in the work of other subject matter to which the action related 2. 7. Patentable Inventions – any technical solution of a problem in any field o human activity that is new. c. a. impounding of articles during pendency of the action 4. effect of use upon the potential market for a value of the copyrighted work 1. b. Criminal Penalties 1. 130/143 . 5. The natural person whose name is indicated on a work in the usual manner as the author shall. involve an inventive step and is industrially applicable shall be patentable. performances not incorporated in recordings: 50 years from end of year in which the performance took place 3. as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement 3. a. b. where the pseudonym leaves no doubt as to the identity of the author. c. copyrighted work: lifetime of creator plus 50 years after death (to be computed on st the 1 day of January of the year following the death) 2.000. imprisonment of 1 to 3 years plus fine of P50. Remedies for Infringement 1. d. destruction of all infringing copies and/or devices 5. a. Patents 1. b.wordpress. 6.000 for the first offense 2. e. subsidiary imprisonment in cases of insolvency 1.000 for rd the 3 /subsequent offenses IN ALL CASES. d. broadcasts: 20 years from the date the broadcast took place 1. It may be or may relate to as product. 8. actual damages. This is applicable even if the name is a pseudonym. be presumed to be the author of the work.000 to P150. moral and exemplary damages 1. Prescription: No damages may be recovered after 4 years from time the cause of action arose. injunction 2. c. including legal costs and other expenses.12/26/13 public international law | Search Results | Philippine Law Reviewers a whole 4. Plaintiff is presumed to be the owner of the copyright 3. b. d. imprisonment of 6 years and 1 day to 9 years plus fine of P500. or process or an improvement of any of the foregoing.000 for the 2nd offense 3.000 to P500. a. c. lawphilreviewer. sound or image and sound recordings and performances incorporated therein: 50 years from end of the year in which the recording took place 4. in the absence of proof to the contrary. Presumptions: 1. 1. imprisonment of 3 years and 1 day to 6 years plus fine ranging from P150. Terms of the Protection 1. 4.000 to P1.

b. 7. 2. aesthetic creations contrary to public order or morality 1. a. 6. provided that the application which has validly claimed the filing date of an earlier application (priority date) is prior art with effect as of the filing date of such earlier application. new. 3. Novelty The novelty requirement in the Code is absolute. methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body Exception: products and composition for use in any of these methods 1.12/26/13 public international law | Search Results | Philippine Law Reviewers 1. Industrial Applicability – an invention is considered industrially applicable if it can be produced and used in the industry 1. a. 4. schemes. f. that the applicant and the inventor identified in both applications are not one and the same 1. b. c. filed or effective in the Philippines. b. Inventive Step – an invention involves an inventive step. scientific theories and mathematical methods 2. rules and methods of performing mental acts. the right of the patent belongs to the person who has the earliest filing date or the earliest priority date lawphilreviewer. novelty 2. anything which has been made available to the public anywhere in the world before the filing date or the priority date of the application. A prior art consists of: 1. an invention is not considered new if it forms part of a prior art.wordpress. it is not obvious to a person skilled in the art at the time of the filing date of priority date of the application claiming the invention 1. 131/143 . or industrial design registration. plant varieties or animal breeds or essentially biological process for the production of plants and animals Exception: micro-organisms and non-biological and micro-biological processes 1. or 2. a. with a filing or priority date that is earlier than the filing or priority date of the application. 5. Non-Patentable Inventions 1. and programs for computers 3. the whole contents of an application for a patent. and provided further. 3. involves an inventive step. The First-to-File System – if 2 or more persons have made the invention separately and independently of each other. utility model. e. discoveries. if having regard to the prior art. Thus. 2. the right to the patent belongs to the person who filed an application for such invention. published in the IPO gazette. is industrially applicable 1. c. playing games or doing business. Requisites of Patentability 1. or where 2 or more applications are filed for the same invention.

c. giving the inventor inchoate rights against an infringer after the publication of the application and before the grant of the patent and 3.12/26/13 public international law | Search Results | Philippine Law Reviewers Under this system. Non-Prejudicial Disclosure The disclosure of information contained in the application during the 12 months preceding the filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made by (a) inventor. Under this system. No access tot he other creation is no defense. a. national emergency or other circumstances of extreme urgency 2. 9. health or the development of other vital sectors of the national economy as determined by the appropriate agency of the government so requires 3. Grounds for Compulsory Licensing: 1. the patent is granted to the inventor who filed his patent application earlier than others thus simplifying the determination of who is entitled to own the patent. d. 3. without satisfactory reason 5. b. where public interest. as long as a patent on the same creation has already been published anywhere in the world. b. No access to the previous creation is a defense. the applicant declared by final court order as having the right to the patent may: 1. guaranteeing the confidentiality of the application prior to its publication 2. e. a. prosecute the application as his own application in place of the original applicant file a new patent application in respect of the same invention request that the application be refused or seek the cancellation of the patent. if not being worked in the Philippines on a commercial scale lawphilreviewer. c. where a judicial or administrative body has determined that the manner of exploitation by the owner of the patent or his licensee is anti-competitive 4. The First-to-File System increases the rights of the inventor by: 1. it is still considered an original creation. in case of public non-commercial use of the patent by the patentee. a. Cancellation proceedings may be filed at any time during the term of the patent. 1. 2. (b) a patent office and the information was contained 1. 132/143 . Term of Patent – 20 years from the filing date of the application 1. Originality in Copyright – even if there is same creation. 1. c. d.wordpress. national security. as long as you do not copy your own creation. if one has already been issued What is the difference between novelty in patents and originality in copyright? Novelty in Patents – even if you do not know of any previous creation. 8. expanding the rights of the inventor to institute cancellation proceedings for the duration of the term of the patent. 10. you cannot claim novelty. 11. b.

Fraudulent Preference – any act of insolvent which gives rise/has tendency to give preference to a creditor to the assets of the insolvent prejudicial to the right of other creditors of said insolvent 1. 14. whether or not associated with lines or colors Industrial Designs essentially dictated by technical or functional considerations to obtain a technical result or those that are contrary to public order. 13. 2. Distinguish Suspension of Payment and Insolvency Suspension of Payment Insolvency debtor has enough assets to meet liabilities but cannot meet them as they fall due debtor has more liabilities than assets always initiated by debtor initiated by creditors/other persons if involuntary. 3. In case of Compulsory Licensing of Patents involving Semi-conductor inventive step required for registration . b. Utility Models – an invention qualifies for registration as a utility model if it is new and industrially applicable .12/26/13 public international law | Search Results | Philippine Law Reviewers search and examination required 1. renewable for not more than 2 consecutive periods of 5 years each Insolvency Law 1. Term of Protection – 5 years from filing date of 133/143 . health or morals shall not be protected 1. 15. Industrial Design – any composition of lines or colors or any 3 dimensional form. 1. a. but claims may be presented to assignee lawphilreviewer. 12. Effect on Actions Upon Adjudication of Insolvency 1.wordpress. suit not yet filed – cannot be filed anymore. suits pending in court (1) secured obligations suspended until assignee appointed (2) unsecured obligations terminated except to fix amount of obligation (3) foreclosure suits pending continue 1. the license may be granted only in case of public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive 1. initiated by debtor if voluntary 1. Term Protection – 7 years after the filing date of application without possibility of renewal 1. 16.

substantial compliance with form in Sec. register in place where property is located. 7. Machinery placed on plant or building owned by another can be the object of chattel mortgage. Coastguard 1. a. 4. 6. 2. 6. Vessels: Phil. 4. 3. 8. c. public international law | Search Results | Philippine Law Reviewers Debts and Obligations not Affected by Discharge of Insolvent a. 5. Rules: Chattel Mortgage cannot cover debts subsequently contracted 1. The law primarily governs chattel mortgage. Chattel Mortgage may be rescinded for being in fraud of creditors. General Rule: In Chattel Mortgage. 2. b. 10. General Rule: Chattel Mortgage cannot cover debts subsequently contracted. b. If mortgagor resides abroad. b. Shares of Stock: place of domicile of corporation and shareholder. b. 2. a. recorded to bind 3rd persons 1. assessments due to national and local government b. Exception: when Recto Law applies 1. 3. registered in place where mortgagor resides and where property (chattel) is located.wordpress. affidavit of good faith 2. 1. corporate debts f. 1. 5 of CML 2. 1. To be valid against 3rdpersons: 1. debts due to fraud/embezzlement c. constituted to secure the fulfillment of principal obligation 2. there is recovery of deficiency judgment. 1. alimony e. Requisites of CML: 1. mortgagor is absolute owner of the thing mortgaged 3. persons constituting the mortgage have the free disposal of the property and in the absence thereof. 1. 9. a. d. Motor Vehicles: register also in Land Transportation Office 3. Formal Requisites of CM: 1. Provisions on pledge of NCC in so far as not in conflict with CML also govern chattel mortgages. 1. 5. c. debts not included in the schedule submitted by debtor Chattel Mortgage Law 1. they be legally authorized for the purpose 4. debts in which he is bound solidarily d. 4. No need for notation in books of corporation 4. a. Growing fruits are covered by chattel mortgage but they may not be pledged.12/26/13 1. 1. signed by at least 2 witnesses lawphilreviewer. 134/143 . contract must be registered 1.

purchased with proceeds (not of your own money) of said goods.wordpress. or in substitution for goods on hand when the mortgage was executed. 12. 4. renewal 135/143 . said property may be covered by CM 1. or 2. even without need of notice (when mortgagee forecloses) 15. in the latter case. b. Future property may not be covered by CM but when such property is a: 1. 14. or mortgaged without written consent of mortgagee 1. a. Affidavit of Good Faith – where the parties severally swear that the mortgage is made for the purpose of securing the obligation specified and for no other purpose and that the same is a just and valid obligation and not one entered into for fraud .property given in CM must be described to enable the parties or any other person after reasonable inquiry and investigation to identify it 1. A chattel mortgage may be foreclosed judicially or extra-judicially.Ateneo Leave a Comment Pre-Bar Quizzer in Political Law – Part I: Constitution of Government 71-80 JUN 22 Posted by Magz lawphilreviewer. public international law | Search Results | Philippine Law Reviewers must contain an affidavit of good faith certificate of oath (notarial acknowledgment) 1. Reference: Commercial Law Memory Aid Ateneo Central Bar Operations 2001 Posted in Commercial Law Tags: Commercial Law Reviewer .12/26/13 3. before a notary or sheriff. selling property already pledged. Pactum Commissorium applies to Chattel Mortgage. Criminal Acts – removal of chattel to another city or province without written consent of mortgagee. 13. or creditor or mortgagee when stipulated. d. c. 11.

application.of all contestests involving the election. In Sanidad vs. Art. VI of the Constitution provides that the HRET is the “sole judge” ————-. no doctrine or principle of law laid down by the court en banc or in division may be modified or reversed except by the court sitting en banc. ALBA. or operation of presidential decrees. Comelec. political questions was defined as questions which are neatly associated with the wisdom. 103 Phil. What is a political question? In ALMARIO VS. Cuenco. VIII. or law. instructions. not the legality of a particular act. the same is political and not justifiable. 136/143 .23.12/26/13 public international law | Search Results | Philippine Law Reviewers 71. including those involving the constitutionality. when the crux of the problem deals with the wisdom of an act. Or in Gonzales vs. after approval. it is political). ordinances. lawphilreviewer. and other regulations. 21 SCRA 774 . What are the cases to be decided by the Supreme Court en banc? All cases involving the constitutionality of a treaty. What is the extent of the fiscal autonomy granted to the judiciary under the 1987 Constitution? As provided under Section 3. returns and qualifications of the members of the House of Representatives? Yes if there is allegation of grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of the HRET (BONDOC VS. At. proclamations. shall be decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon.. expediency and wisdom of a particuar act. international or executive agreement. Where the vortex of the controversy refers to the legality or validity of the contested act. which shall be heard by the Supreme Court en banc. PINEDA) 72. the matter is definitely justiciable or non-political. COMELEC. 127 SCRA 6. May judicial power be exercised by the Supreme Court in cases of decisions of the House of Representatives Electoral tribunal since Section 16. orders.23. In Tanada vs. 74.wordpress.. the judiciary shall enjoy fiscal autonomy and as such appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and. 73. political question was defined as questions to be answered by the people in their sovereign capacity or in regard to which full discretionary authority is vested to the executive or legislative branch of the government. 73 SCRA 333. shall be automatically and regularly released. it was defined as a question which deals with the necessity.

pleading . dismissal of judges and disbarment of lawyers are also decided by the Supreme Court en banc. order. law. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. and procedure in all 137/143 . the same shall be decided by the en banc accepted by the latter. (b) All cases involving the legality of any tax. ordinance. and legal assistance to the underprivileged.12/26/13 public international law | Search Results | Philippine Law Reviewers Also if two (2) divisions of the Supreme Court have conflicting decisions. final judgments and orders of lower courts in: (a) All cases in which the constitutionality or validity of any treaty. the Integrated Bar. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. revise. and habeas corpus. (2) Review. other public ministers and consuls. prohibition. or affirm on appeal or certiorari as the law or the Rules of Court may provide.wordpress. practice . the same shall be resolved by the Supreme Court en banc. modify. or any penalty imposed in relation thereto. the admission to the practice of law. What are the powers of the Supreme Court? As enumerated in Art. mandamus. t he Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors. Finally. impost. (c) All cases in which the jurisdiction of any lower court is in issue. 75. or regulation is in question. assessment. and over petitions for certiorari. international or executive agreement. (3) Assign temporarily judges of lower courts to other stations as public interest may require. reverse. VIII. presidential decree. Cases referred to by the division to the banc involving novel questions of law . shall be uniform for lawphilreviewer. Such temporary assignment shall not exceed 6 months without the consent of the judge concerned. or toll. instruction. proclamation. Section 5. (5) Promulgate rules concerning the protection and enforcement of constitutional rights. quo warranto. (e) All cases in which only an error or question of law is involved.

valid and binding. 38 SCRA 429) lawphilreviewer. March 20. is prospective. treaty. and shall not 138/143 . increase or modify substantive rights. 76. Likewise. etc. as shown by Section 5 [2] (a). all acts done in connection with the said law before its declaration of unconstitutionality shall be considered legal. treaty. VIII). As such. (6) Appoint all officials and employees of the judiciary in accordance with the civil service law. VIII) 77. PNB. etc. 1987) 79..wordpress. the decision of lower courts declaring a law unconstitutional is subject to review by the Supreme Court. What are the 3-fold Functions of Judicial Review? These are the: 1) legitimizing function 2) checking function 3) symbolic or educational function 78. (DE AGBAYANI VS. IAC. sitting separately could not declare a law. Art. Art. May inferior courts also exercise the power of judicial review (declaring a law. treaty.12/26/13 public international law | Search Results | Philippine Law Reviewers all courts of the same grade. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. What is the “writ of amparo”? It is a writ issued by the courts for the protection and enforcement of the constitutional rights of a person under detention. etc. (Section 5 (5). unconstitutional) in the light of the requirements of Section 4(2) of Article VIII that not even any of the Supreme Court’s three (3) divisions.. What is the “operative fact doctrine”? It simply means that the declaration of unconstitutionality of a law. unconstitutional? Yes because the power of judicial review is just a part of judicial power which is available to all courts (Section 1. It is only the declaration of unconstitutionality which is the “operative fact” which would stop the people from complying with its provisions. (YNOT VS.

the elements of a state are. What are the elements of “state”? As held in COLLECTOR VS. probity and independence. University of the Cordilleras Baguio City Posted in Political Law Tags: Pre-Bar Quizzer in Political Law .wordpress. government lawphilreviewer. 1. 2008 by Atty.Part I: Constitution of Government 71-80 Leave a Comment Pre-Bar Quizzer in Political Law – Part I: Constitution of Government 11-20 JUN 22 Posted by Magz 11. territory 3. CAMPOS RUEDA. sovereignty 4. Reference: Pre-Bar Quizzer in Political Law (Doctrinal Rulings. What are the qualities of one aspiring to become a member of the judiciary aside from the citizenship and age qualifications? A member of the judiciary must be a person of proven competence. Requisites and Definitions) July. 42 SCRA 23. integrity. Gacayan College of 139/143 . Larry D. people 2.12/26/13 public international law | Search Results | Philippine Law Reviewers 80.

and which is denominated a government of paramount force. What are the three (3) kinds of de facto government? As held in CO KIM CHAM VS. 13. by the troops of the United States. VALDEZ TAN KEH. the three (3) kinds of de facto governments are: a. in Maine. A government formed as a result of a people’s revolution. called also by publicists a government de facto. the two-fold function of the government as classified by President Wilson is no longer relevant as a result of the changing society wherein what are considered merely ministrant functions of the State before are now considered constituent . As held in In Re: SATURNINO BERMUDEZ. 113. is that government that gets possession and control of. be more aptly denominated a government of paramount force. CUGCO. occupied during the war with Mexico. This is due to complexities of the changing society. “But there is another description of government.12/26/13 public international law | Search Results | Philippine Law Reviewers 12. first by Parliament and later by Cromwell as Protector. Mexico. as the cases of Castine. or usurps. c. and Tampico. 75 Phil. Its distinguishing characteristics are (1). that its existence is maintained by active military power with the territories. 30 SCRA 649. Germany. or government de facto in a proper legal sense. but only with the second and third kinds of de facto governments. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions) still applicable today? No more as held in ACCFA VS. the rightful legal governments and maintains itself against the will of the latter. and against the rightful authority of an established and lawful government. The first. and others. is considered de jure if it is already accepted by the family of nations or other countries like the United States. Great Britain.wordpress. the same is de jure. and lawphilreviewer. or vice versa. NACOCO. 100 Phil. What kind of government was the “Aquino Government” after former President Marcos left Malaqcanang for Hawaii due to the EDSA Revolution in February 1986. 14. 140/143 . The second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war. perhaps. by force or by the voice of the majority. Japan. but which might. And the third is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state of such as the government of the Southern Confederacy in revolt not concerned in the present case with the first kind. such as the government of England under the Commonwealth. 145 SCRA 160. Are the two-fold function of government as enumerated by the Supreme Court in BACANI VS. which was reduced to British possession in the war of 1812.

International 141/143 .wordpress. may refrain from the exercise of what otherwise is illimitable competence. it “is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. 18. or wrongdoers. p. the Supreme Court held that the constitutional right shall prevail. (MEJOFF VS. In case of conflict between a constitutional right of a citizen and a generally accepted principle of international law. (Taylor.” A state then. Commissioner. for those acts. Though Article 22 of the Vienna Convention on Diplomatic Relations prohibits rallies within 500 feet of any foreign embassy. 53 SCRA 476 and COMMISSIONER VS. BAGATSING. the political laws of the said state are deemed automatically suspended but the former government automatically comes to life and will be in force and in effect again upon the re-establishment of the former government. 90 Phil. DIRECTOR OF PRISONS. (Cited in Reagan vs. 143 SCRA 397) 17. 88 SCRA 195). GOZO.125 SCRA 553. do not become responsible. KURODA VS. EDU. Article II of the Constitution which states that “The Philippines adopts the generally accepted principles of international law as part of the law of the land”.” The opinion was at pains to point out though that even then. EDU. there is at the most diminution of jurisdictional rights. that while it exists it necessarily be obeyed in civil matters by private citizens who. if it chooses to. the same shall give way to the constitutional right of the citizens to “peaceably assemble and to petition the government for redress of their grievances”. What is the postliminy theory or jus postliminium? When a foreign power occupies a state and exercises the powers of government. May a citizen refuse to render personal military service/training because he does not have lawphilreviewer. 88 SCRA 195 REYES VS. not its disappearance. What is the “incorporation theory” or the “Incorporation Clause” of the Constitution? It is the principle embodied in Section 2. 19. 15. by acts of obedience rendered in submission to such force. though not warranted by the laws of the rightful government. 615. and AGUSTIN VS. 70.12/26/13 public international law | Search Results | Philippine Law Reviewers (2). What is the doctrine of sovereignty as “auto limitation”? In the succinct language of Jellinek.) 16. ROBERTSON. JALANDONI. 83 Phil 171. PEOPLE VS. which shall prevail? In the case of 4) AGUSTIN VS.

. directly and exclusively used for religious. directly or indirectly. or prohibiting the free exercise thereof.12/26/13 public international law | Search Results | Philippine Law Reviewers military inclination or he does not want to kill or be killed? No as held in PEOPLE VS. 29 . No law shall be made respecting an establishment of religion. 13. At the option in writing by parents. 66 Phil. shall forever be allowed. Sec. Reference: Pre-Bar Quizzer in Political Law (Doctrinal Rulings. 2(5). Sec. 28 (3). University of the Cordilleras Baguio City Posted in Political Law lawphilreviewer. Larry D. C. (NOTE: Religious organizations are also prohibited ion connection with sectoral representatives under Art. ART. VI. VI) 5. or to any penal institution. 3(3). 20. or educational purposes shall be exempt from taxation. religion shall be allowed to be taught to their children in elementary and high schools within the regular class hours by instructors designated or approved by religious authorities to which said children 142/143 . 1. The free exercise and enjoyment of religious profession and worship. 3. No public money or property shall be appropriated. Requisites and Definitions) July. mosques. Religious denominations and sects shall not be registered…as political parties. Sec. paid. 2008 by Atty. LAGMAN. ART. XIV. except when such priest. non-profit cemeteries… actually. or government orphanage or leprosarium. “The appellant’s argument that he does not want to join the armed forces because “he does not want to kill or be killed” and that “he has no military inclination” is not acceptable because it is his obligation to join the armed forces in connection with the “defense of the State” provision of the Constitution. ART. III. ART. IX. for the use.(2). 5. ART. for the benefit. benefit.wordpress. Sec. churches. charitable. is assigned to the armed forces. or support of any sect. without discrimination or preference. VI. Is the “separation of church and state” a myth or a reality? It is a reality as shown by the following provisions of the Constitution. Gacayan College of Law. Charitable institutions. without additional cost to the government. minister. 2. denomination or religion. 4. applied. NO RELIGIOUS TEST SHALL BE REQUIRED FOR THE EXERCISE OF CIVIL OR POLITICAL RIGHTS. church.

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