Test 1

Part 1
Introduction to Law and Business Law

1. Definition of Law and Business Law

- Law is the system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition of
penalties. A rule of conduct or action that a nation or a group of people agrees to
follow.
- Business law is a section of code that is involved in protecting liberties and rights,
maintaining orders, resolving disputes, and establishing standards for the business
concerns and their dealings with government agencies and individuals. Corporate
law is the body of law governing the rights, relations, and conduct of persons,
companies, organizations and businesses. The term refers to the legal practice of
law relating to corporations, or to the theory of corporations.

2. Sources of Business Law

- Constitutions.
- Statutes.
- Common Law.
- Administrative Rules and Regulations.
- Treaties and Conventions.
- Executive Orders.

3. Characteristics of Business Law

- Defining general rules of commerce.

- Protecting business ideas and business assets.

- Providing mechanisms that allow business people to determine how they will
participate in business ventures and how much risk they will bear.

Part 2
Obligation

6. In General
A. Definition
- Obligation is a duty to do or not to do something. In its legal sense, obligation is a
civil law concept. An obligation can be created voluntarily, such as one arising from a
contract, quasi-contract, or unilateral promise. The definition of an obligation is
something that someone is required to do. An example of obligation is for a student
to turn in his homework on time every day.

B. Sources of Obligation
Law, Contracts, Quasi- Contracts, Delicts or Crimes, Quasi Delicts.
- Law
 : when they are imposed by law itself.
- Contracts.
: when they arise from the stipulation of the parties.
- Quasi-contracts
: when they arise from lawful, voluntary, and unilateral acts which are enforceable to
the end that no one shall be unjustly enriched or benefited at the expense of another.
- Crimes or acts or omissions punished by law
: when they arise from civil liability which is the consequence of a criminal offense
- Quasi-delicts or torts
: when they arise from damage caused to another through an act or omission, there
being fault or negligence, but no contractual relation exists between the parties

C. Essential requisites of obligation

-Parties,Object, Juridical Tie or Vinculum

- The ACTIVE SUBJECT is the person who has the right or power to demand the
performance or payment of the obligation. He is also called the obligee or the
creditor.
- The PASSIVE SUBJECT is the person bound to perform or to pay. He is the one
against whom the obligation can be demanded. He is also called the obligor or the
debtor.
- The PRESTATION is the object of the contract. It is the conduct required to be
observed by the debtor or the obligor. It may be an obligation to give, to do, or not to
do.
- The VINCULUM JURIS is also known as the juridical or legal Tie. Other authors call it
the efficient cause. It is that which binds or connects the parties to the obligation. (De
Leon) In other words, it is the legal relation between the debtor and the creditor (or
obligor and obligee).

Test 2

1. Obligasyon pa nang parents pag aralan Ang kanyang anak?

- Para sa iyong kaalaman, ang iyong suliranin ay tinatalakay ng Executive Order No.
209, s. 1987, o mas kilala bilang The Family Code of the Philippines. Nabanggit sa
Section 24 ng nasabing batas na:
Art. 194. Support comprises everything indispensable for sustenance, dwelling,
clothing, medical attendance, education and transportation, in keeping with the
financial capacity of the family.
 - Oo, dahil malinaw na nabanggit sa probisyon ng batas na obligado ang magulang na
suportahan ang pag-aaral ng kanyang anak, lehitimo man o hindi, kahit pa hindi na
ito menor-de-edad. Kasama ang pag-aaral para sa propesyon, kalakalan o
bokasyon. Kabilang din ang gastusin sa pagpunta at pag-alis ng paaralan.

2. Obligation ba nang misis na alagaan Ang kanyang mister kung ito ay may
kapansanan bago pa Sila ikasal?

- Oo, dahil kapag mahal mo ang isang tao gagawin mo ang lahat at hindi mo ito
susukuan kahit wala mang nakasaad sa batas dapat ay obligasyon mong tulungan
dahil sa kanyang kapansanan.

- ANO ANG KARAMPATANG PARUSA SA PAMAMAHIYA o PAGTATABOY SA

PERSON WITH DISABILITY(PWD)
REPUBLIC ACT 9442.

- Ang pamamahiya at pagmamaliit sa mga taong may kapansanan publiko

partikular na sa mga SECTIONS 39,40,46

- Kasama sa public ridicule o vilification ang panggagaya at pinagtatawanan ang

may kapansanan o anumang sulatin o gawa na nakakawala ng Self-esteem ng
PWD.

- May multang hindi bababa sa 50,000 pesos hanggang 100,000 pesos para sa
unang violation o kulong na hindi bababa sa anim na buwan ngunit hindi lalampas ng
dalawang taon o pareho.

- Kung may kasunod na violation,may multang hindi bababa sa 100,000 pesos

pero hindi lalampas ng 200,000 pesos at may kulong na hindi bababa ng dalawang
taon at hindi lalampas ng anim na taon o pareho.