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LEGAL MANAGEMENT PROGRAM

BUSINESS LAW (BMEC3)


STUDY GUIDE
Professor: Atty. Ronel V. Marcelo, JD
Email: ronel.marcelo@ub.edu.ph or ronelmarcelo7@gmail.com
Phone No. 0921-266-0448
Fb Account/Messenger: https://www.facebook.com/ronel.marcelo

COURSE TITLE: BUSINESS LAW (OBLIGATIONS & CONTRACTS)

Course Description:

The purpose of this course is to study the nature, kinds and effects of obligations, and their modes of
extinguishment; contracts in general, their requisites, form and interpretation; and defective contracts,
including quasi-contracts, natural obligations, estoppels, and prescription. Specific subjects and topics on Part
I- Obligations include its elements, natural obligations, sources of obligation, classification, natural effects.
Usurious transactions, kinds of obligations and extinguishment of obligations. For Part II- Contracts, topics
include concept and definition, classification, characteristics, requisites, forms and interpretation of contracts
and reformation of instruments.

Specific examples of obligations and contracts are to be presented, examined and discussed in the class.

Course Outcomes/Objectives:

At the end of the course, the students should be able to:

CO1. Act in an ethical manner with due regard to his responsibilities towards fellow students,
the school and the community.
CO2. Apply legal principles and theories in obligations of a person.
CO3. Apply legal principles and theories in contracts entered into by a person.
CO4. Analyze, evaluate and solve problems critically using legal and management tools as well as
techniques.
CO5. Effectively communicate orally and in writing.

(Note: Textbook is required (Either Authored by Domingo or De Leon)

Learning
Time TOPIC Activities/ Outcomes/ Assessment / MATERIALS/
Allotment Strategies Objectives Tasks RSOURCES
UB PVMGO Lecture Recite the Reflection UB Handbook
Week 1 mission paper
Objectives of the College Power Point statement of the Student

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of Arts and Sciences Presentation school, the Handbook
vision, as well as
Course Requirements the philosophy of (PPT includes
(copy of the syllabus was the College of pertinent topics of
sent to the students as well Arts and UB & Student
which contains detailed Sciences and the handbook
requirements to pass the Bachelor of Arts
course) in Legal
Management and
discuss the rules
and regulations
of the school

OBLIGATIONS IN Lecture with Grasp the Recitation Textbook:


Domingo, A. (2018).
Week 2 GENERAL PPT general idea of through Obligations &
through law as a zoom/meet or Contracts, Manila:
ZOOM/ other available Rex Book Store.
subject;
Google platform Additional
Meet & Appreciate the
readings/references:
other Quiz
characteristics De Leon, Hector S.
available (2014). The Law on
platform and sources of Obligations and
law and the role Contracts, Quezon
City: Rex Printing
it plays in Company, Inc. (refer
to pages 1-16).
business and;
Domingo, A. (2019).
Determine Business Laws and
Regulations.QC:Rex
specifically the Boks Store.
laws applicable
to obligations www.uplaw.edu.ph
www.lawphil.net
and contacts www.SC.gov.ph

GENERAL PROVISIONS Lecture with Define the legal Quiz & Textbook:
Week 3 REGARDING PPT meaning of Domingo, A.
OBLIGATIONS Additional to do: (2018).
obligations and
Q & A via Table of Obligations &
determine the Contracts,
Zoom/Meet comparison of
its sources; the different Manila: Rex Book
Store.
sources of
Identify the
obligations
obligation or
(submission due
liability arising before start of
from negligence discussion of
and crime and Art.1163)
its rationale

NATURE AND EFFECTS Lecture with Define the nature Recitation Textbook:
Week 4 OF OBLIGATIONS PPT and effect of Domingo, A.
obligations; Research paper (2018).
Collaborative on the basis of Obligations &

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learning Differentiate the grounds for Contracts,
specific from liability of a Manila: Rex Book
generic things and; debtor in an Store.
obligation
Provide the legal Online
remedies available sources:
to the creditor in
www.uplaw.edu.ph
certain obligations;
www.lawphil.net
www.SC.gov.ph
Ascertain and,
classify delay in
legal obligations;

Recite the
responsibilities
arising from fraud
and negligence;

Analyze the
presence of
fortuitous events
affecting a legal
obligation;

Categorize the
effect of fortuitous
event to the
obligation;

Illustrate a contract
of loan;

Assess the
possibility of
transferring the
rights of a party in
an obligation.

Week 5
PRELIMINARY EXAMINATION
(note: Schedule may vary depending on circumstances)

DIFFERENT KINDS OF Lecture with Identify the Textbook:


Week 6 OBLIGATIONS PPT different kinds of Recitation
obligations; Domingo, A.
Q and A Table of (2018).
PURE AND /Discussion Contrast pure from comparison Obligations &
CONDITIONAL conditional
Through between Contracts,
zoom/ google obligations;
OBLIGATIONS obligation with Manila: Rex
meet or other a period and Book Store.
Analyze whether
platform conditional
OBLIGATIONS WITH A an obligation has a
PERIOD condition and obligation Online

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ALTERNATIVE identify its sources:
classification; www.lawphil.net
OBLIGATIONS
www.sc.gov.ph
Cite the different
effects of a
condition to an
obligation;

Outline the effect of


loss, deterioration
and improvement
of the thing in an
obligation with a
condition.

Identify an
alternative
obligation;

JOINT AND SOLIDARY Lecture with Define and Recitation Textbook:


Week 7 OBLIGATIONS PPT distinguish joint
from solidary Table of Domingo, A.
obligation; comparison (2018).
between joint Obligations &
Distinguish Contracts,
and solidary
Manila: Rex Book
idivisibility from obligations Store.
solidarity;
Additional
Distinguish the
readings:
different kinds of
solidary De Leon, Hector S.
obligations; (2014). The Law on
Obligations and
Outline the Contracts, Quezon
effects of City: Rex Printing
Company, Inc.
assignment and
(Refer to pages
payment made 142-168)
by a solidary
debtor as well as
the effect os loss
of the thing and
remedies of a
solidary debtor.

DIVISIBLE AND Power Point Define and Recitation Textbook:


Week 8 Presentations distinguish divisible
INDIVISIBLE
from indivisible Quiz Domingo, A.
OBLIGATIONS obligation; (2018).
Obligations &
Classify division Contracts,
and indivisibility of Manila: Rex Book
OBLIGATIONS WITH A obligations; Store.

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PENAL CLAUSE Identify obligation
with penal clause; Additional
readings:
Relate principal
and accessory De Leon, Hector S.
obligation; (2014). The Law on
Obligations and
Relate penalty and Contracts, Quezon
damages; City: Rex Printing
Company, Inc.
Outline the effect of ( Refer to pages
nullity of penal 169-188)
clause to the
principal obligation www.SC.gov.ph
and the effect of (selected cases
nullity of the applying provisions
principal obligation on divisible &
to the penal clause indivisible
obligations)

Week 9
MIDTERM EXAMINATION
(note: Schedule may vary depending on circumstances)

EXTINGUISHMENT OF PPT Differentiate the Textbook:


Week 10 OBLIGATIONS causes of Recitation
Q&A extinguishment of Domingo, A.
Discussion obligation; Essay: Written (2018).
through legal opinion on Obligations &
Explain payment or Contracts,
zoom/meet performance as a whether the Manila: Rex Book
manner of obligation is Store.
PAYMENT OR extinguishing an extinguished in
PERFORMANCE obligation; Additional
a given
situation. readings:
Determine if a third
person is entitled to
De Leon, Hector
subrogation;
S. (2014). The
Explain dation as a
Law on
Obligations and
special form of
Contracts,
payment;
Quezon City:
Recite when
Rex Printing
Company, Inc.
application of
(Refer to pages
payment is
189-230)
possible;

Discuss the Internet


requisites for sources:
application of www.uplaw.edu.ph
payment; www.lawphil.net

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Identify when there www.SC.gov.ph
is payment by (on selected cases
cession; applying this
provision of law)
Discuss the
requisites of
payment by
cession;

Contrast dation in
payment from
payment by
cession;

LOSS OF THE THING Lecture Tell whether loss of Recitation Textbook:


the thing due
Week 11 DUE extinguishes an
& 12 Q and A / Outline of the Domingo, A.
obligation; effects of loss of
Discussion (2018).
the thing due to Obligations &
CONDONATION OR through Conclude whether
a thing is lost the obligation. Contracts,
REMISSION zoom, etc.
already; Manila: Rex Book
Store.
Analyze the effect
of impossibility of Additional
performance and
CONFUSION OR fortuitous events to
readings:
MERGER the obligation; De Leon, Hector S.
(2014). The Law on
Illustrate how Obligations and
condonation or Contracts, Quezon
remission of an City: Rex Printing
COMPENSATION obligation is Company, Inc.
effected;
(Refer to pages
Discuss the
requisites of 231-284)
NOVATION condonation or
remission; Internet Source:

Examine the effect www.uplaw.edu.ph


of renunciation of
the principal debt
to the accessory
obligation;

Define confusion or
merger as a
manner of
extinguishing an
obligation;

Define
compensation as a
manner of
extinguishing an
obligation;

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Compare and
contrast confusion
and compensation;

Define novation as
a manner of
extinguishing an
obligation;.

Week 13
SEMI-FINAL EXAMINATION
(note: Schedule may vary depending on circumstances)

CONTRACTS PPT Define and classify Textbook:


Week 14 a contract as to its Recitation
& 15 GENERAL PROVISIONS Q and A / perfection; Domingo, A.
(2018). Obligations
Discussion Quiz & Contracts,
Identify the
persons affected Manila: Rex Book
by a contract; Written legal Store.
ESSENSIAL Case opinion as to
REQUISITES OF analysis / Explain the perfection of a Additional
CONTRACTS Problem essential requisites contract. readings:
solving of contracts;
De Leon, Hector
Define consent as
an element of a S. (2014). The
CONSENT
contract; Law on
Obligations and
Show the
Contracts,
relationship of offer
OBJECT OF THE and acceptance as Quezon City:
CONTRACTS far as consent is Rex Printing
concerned; Company, Inc.
Analyze the
(Refer to pages
CAUSE OF CONTRACTS presence of vices
of consent in a
286-357)
contract;

Define object as a
requisite of a
contract;

Define cause as a
requisite of a
contract

DEFECTIVE Lecture Identify and Recitation Textbook:


Week 16 CONTRACTS classify defective
& 17 Q and A / contracts; Quiz Domingo, A.
Discussion (2018).

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Conclude Written legal Obligations &
Case whether the opinion on a Contracts,
analysis / defect makes the case analysis Manila: Rex Book
Problem involving Store.
contract
RESCISSIBLE solving rescissible; defective
CONTRACT contracts
Additional
Recite the period
of time for filing Research paper readings:
an action for as to distinction
De Leon, Hector
VOIDABLE CONTRACTS rescission; between the
S. (2014). The
different
Conclude Law on
defective
whether the contracts. Obligations and
UNENFORCEABLE defect makes the Contracts,
CONTRACTS contract voidable; Quezon City:
Rex Printing
Recite the period Company, Inc.
for filing an action
VOID OR INEXISTENT for annulment; (Refer to pages
CONTRACTS 384-438)
Explain
ratification and its
effects to a
voidable contract;

Analyze whether
the defect makes
the contract
unenforceable;

Classify
unenforceable
contracts;

Appraise the
parties of their
rights in an
unenforceable
contract;

Analyze whether
a contract is void
or inexistent;

Identify void or
inexistent
contracts;

Tell whether

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recovery is
available in case
of void or
inexistent
contracts;

Week 18
FINAL EXAMINATION
(note: Schedule may vary depending on circumstances)

Prepared by:

ATTY.RONEL V. MARCELO
Program Head, Legal Management

Noted by:

DR. ANNABELLE I. TENORIO


Dean

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R1. RUBRICS FOR ESSAYS (20 Possible Points)

UNACCEPTABLE MARGINAL ACCEPTABLE EXCEPTIONAL


CATEGORIES POINTS
(0) (1) (3) (5)
Ordinary word
Uses technical or
choice; use of
Limited Accurate word philosophical
Use of philosophical terms
vocabulary; errors choice. No more terminology
Language are avoided. Some
in grammar and than 2 major errors appropriately and
(Grammar and serious errors are
spelling impair and a few minor correctly. No major
Spelling) committed although
communication. errors. grammatical or
they do not impair
spelling errors.
communication.

Lacks clear Clear sense of order.


May lack a thesis
Coherence of organizational Logical presentation Begins with a topic
sentence but points
ideas plan. Reader is of ideas are minimally sentence. Supporting
are presented in a
presented confused about shown. points are presented in
logical progression.
the topic. a logical progression.

Statements are
unsupported by Each point is Points are presented
The student shows
any detail or supported with some in a logical manner
sparse details or
Depth of the explanation. details and with many specific
evidence. The
presented idea Repetitious and evidence. All details. The questions
questions are
illogical important points are are answered
partially answered.
presentation of included. completely.
ideas.

The content relates


Answer is
peripherally to the Answer is appropriate
The content is not appropriate to the
question. The to the question.
Content related to the question. Content
answer contains Content is factually
question. may have one or
significant factual correct.
two factual errors.
errors.

R2. RUBRIC FOR REFLECTION AND REACTION PAPERS (35 Possible Points)

UNACCEPTABLE MARGINAL ACCEPTABLE EXCEPTIONAL


CATEGORIES POINTS
(0) (1) (3) (5)
Clearly The student The paper is Paper has an Easy to read and the
organized disregarded the disorganized. It introduction, body topic is clearly
introduction, criteria and leaves the reader and conclusion but introduced.
body, and disregarded the wondering what is may take re-reading Organization is clearly
conclusion reader of the being said; there is to understand the evident with proper
paper. an abrupt ending. whole idea. introduction, body and
conclusion.
Shows Ideas are merely Some ideas are not Many ideas are Original ideas. There
originality of copied. There is original and the paper original and some is no need for a
ideas. Uses no originality in does not have proper are properly cited. citation.

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proper
citations on the ideas citations of the copied
ideas that are presented. ideas.
not original.
The content relates
The topic of the
to the topic. The
paper is not The student’s
student explains
addressed at all; The student does not reflection about the
The paper his/her reflections
the student fails to clearly identify his/her topic is clearly
address the about the topic but
stick to the topic; reflections about the explained. The paper
topic given may take a re-
therefore, he/she topic. is interesting and is
reading to
fails to meet this supported with details.
understand the
criteria.
paper.
Paragraphs are Each paragraph has a
Each paragraph has
disorganized central idea; ideas are
Ideas are a central idea that is
although ideas are connected and
clearly, The student fails supported with
included but does not paragraphs are
sensibly, and to meet this details. Ideas are
exactly related to the developed with details;
coherently criteria. connected and
main ideas. Ideas paper is easy to read
presented important points are
have no supporting and flows naturally in
making sense.
details. an organized pattern.
The paper shows
The paper fails to Paper is shallow and Paper provides
that student has
The paper meet this criteria does not present evidence that student
thought about the
shows for obvious detailed evaluation of has examined his/her
topic although the
evidence of disregard for the reflection about the belief systems and
written presentation
deep thought expectations topic; little use of related this to their
may lack clarity; use
about the topic stated in the nursing literature to current views about
of nursing literature
criteria. support thought. the topic.
to support thought.
Between 1-4
Basic writing
grammatical,
expectations: More than 8
4-7 grammatical punctuation or
spelling, grammatical,
punctuations and spelling errors but No errors.
grammar or punctuation, and
spelling errors. they are minor and
punctuation spelling errors.
do not detract from
errors.
the paper
Paper expresses the
Paper is easy to read
Use of ideas of the author;
Fails to meet this and be understood the
transitions to Choppy ideas; sentences relate to
criteria by obvious first time it is read. It
connect sentences do not one another
disregard for the is interesting and well-
sentence and connect well. although it may take
expet written; sentences
ideas. re-reading to
connect and flow.
understand.

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