Testamentary succession
1. Wills a. CONCEPT 1) Last will and testament A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death. (Article 783, Ibid.) 2) Personal act The making of a will is a […]
Quasi-offenses
1. Imprudence and negligence a. Reckless imprudence RECKLESS IMPRUDENCE: Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or […]
Crimes against honor
GENERAL PROVISIONS 1) Persons responsible Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. (Article 360, Act No. 3815, Revised Penal Code) The author or editor of a book or pamphlet, or the editor or business manager […]
Crimes against the civil status of persons
1. Simulation of births, substitution of one child for another 1ST MODE (SIMULATION) – ELEMENTS: 1) The offender simulates births. (Article 347, Act No. 3815, Revised Penal Code) 2ND MODE (PHYSICIAN/ETC.) – ELEMENTS: 1) The offender is a physician or surgeon or public officer; 2) He cooperates in the simulation of births; and, 3) It […]
Lawyer’s Oath
“I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or […]
Penalties
1. Unauthorized processing a. A penalty of imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons who process personal information without the consent of the data subject, or without […]
Nature and effect of obligations – Obligations Law
1. Obligation to give a. Good father of a family Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (Article 1163, Civil Code) b. Rights […]
General provisions – Obligations Law
1. Concepts An “obligation” – refers to the juridical necessity to give, to do or not to do. (Article 1156, Civil Code) 2. Elements of an obligation The obligation is constituted upon the concurrence of these essential elements: 1) The vinculum juris or juridical tie which is the efficient cause established by the various sources […]