Professional Documents
Culture Documents
1. COURSE DESCRIPTION
This course is designed to assist law students in acquiring a general knowledge of Credit Transactions. At the end of the term, the students are expected to have
a working know-how of the basic principles, policies, and remedies provided for under existing Philippine laws on credits, loans, interests, usury, deposits, and mortgages,
among others.
Specifically, the course syllabus is devised and planned in such a way as to enablethe students to:
• understand the basic legal and constitutional concepts that underpin Philippine credit transactions;
• appreciate the various credit transactions in the Philippines and understand the role of key government agencies and other actors in the development of these
systems;
• acquire knowledge on specific issues concerning the implementation of civil law provisions on credits, loans, interests, deposits, security transactions, guaranty,
pledge, mortgage, letters of credit as well as relevant special laws.
2. COURSE AND LEARNING OUTCOMES
Upon completion of this course, the students must be able to:
• demonstrate an understanding of the major laws and rules on credit transactions;
• exhibit an understanding of the terminology, concepts, cases, and principles in credit and security transactions and other related commercial dealings;
• know the application of the laws and rules relating to the subject such as, inter alia,the Warehouse Receipts Law, the Bonded Warehouse Act, Arts. 1962-2009,
2168,1754 of the Civil Code, the Trust Receipts Law, Mortgage laws, and the Personal Property Security Act (RA 11057), among others.
3. LEARNING PLAN
LO Week Topics Activities Resources Assessment Tools
LO1 1 1. Credit and Debt Distinguished Submission of Case Library Grading of submitted
2. Credit Transactions Digests Online Computer/Internet Case Digests
a) Secured transactions or contracts of real security
Group/Individual Report, Books/Case Laws Graded recitation
b) Unsecured transactions or contracts of personal security Lecture
c) Kinds of Credit transactions
d) Security Oral Recitation, Canvas
e) Bailment Discussion, Quiz
f) Parties to a bailment
g) Kinds of Contractual Bailment
i. Gratuitous Bailments
ii. Mandatum
iii. Mutual-Benefit Bailments
iv. Bailments for hire
Hire of things
Hire of service
Hire for carriage of goods
Hire of custody
o People v. Concepcion, G.R. No. L-19190. November 29, 1922, 44 Phil 126
h) Loan v. Discount
3. General Provisions on Loan, Articles 1156, 1305, 1306, 1933 and 1934, Civil Code
a) Characteristics of Loan
b) Cause or consideration
c) Kinds of Loan
i. Commodatum
ii. Simple loan or mutuum
o Yam v. Malik, G.R. No. L50550-52 October 31, 1979, 94 SCRA 30
d) Consumable (Art. 418)
e) Kinds of Commodatum
I. Ordinary commodatum (Art. 1933)
II. Precarium – (Art. 1947)
o Pajuyo v. CA, G.R. No. 146364 June 3, 2004, 430 SCRA 492
4. Commodatum, Articles 1935 to 1952, Civil Code
a. Compensation
b. Purpose in commodatum
c. Subject matter
d. Death of a party
e. Use of thing by bailee’s household allowed; exception
f. Extent of right of use
g. When bailee is liable
h. Effect of adverse possession
i. Right recognized
j. Obligation to respect duration of loan
k. Precarium
l. Obligation to refund extraordinary expenses
m. No obligation to assume all other expenses
n. Liability to pay damages for known hidden flaws
o. Requisites:
p. No right of abandonment for expenses and damages
4. STUDENT’S OUTPUTS
As evidence of attaining the above learning outcomes, the student is required to do and submit the following during the indicated dates of the term.
5. COURSE REQUIREMENTS
(a) The student must regularly attend the class.
(b) Active participation in class discussion/oral recitation is required.
(c) Each student has to take and pass all formative (quizzes, written assignments, case digests, reports, etc.) and summative tests (midterm/final exams). Homework must be
submitted the next meeting.
6. GRADING SYSTEM
Rating periods. The students will be graded for two (2) periods within the semester (midterm and final rating periods) according to the following:
Final Grade. The students will be given their respective final grades based on their average grades (AGs) in the mid-grading period (1st half of the term) and in the final grading grade (2nd
half). The midterm rating has a weight of 45% and the final grading period accounts for 55% of the final grade.