Podcast
Questions and Answers
What does the term 'liberty' refer to?
What does the term 'liberty' refer to?
- Only physical freedom
- The right to use one's faculties in all lawful ways
- The right to live and work where one wills
- All of the above (correct)
What type of property does the text state is protected against unlawful taking by the government?
What type of property does the text state is protected against unlawful taking by the government?
- Both personal and real property (correct)
- Only personal property
- Property owned by the government
- Only real property
What is the purpose of the equal protection clause?
What is the purpose of the equal protection clause?
- To protect the rights of minorities
- To allow the government to treat people differently based on their class
- To treat people of the same class alike under like circumstances and conditions (correct)
- To ensure absolute equality for all people
What is the essence of the right to privacy according to the text?
What is the essence of the right to privacy according to the text?
What is the 'Doctrine of the Fruit of the Poisonous Tree'?
What is the 'Doctrine of the Fruit of the Poisonous Tree'?
What is the primary purpose of the text?
What is the primary purpose of the text?
What is the main consequence if an industrial partner engages in business for himself without the partnership's permission?
What is the main consequence if an industrial partner engages in business for himself without the partnership's permission?
What is the defining characteristic of a Capitalist-Industrial Partner?
What is the defining characteristic of a Capitalist-Industrial Partner?
What is true about a Limited Partner?
What is true about a Limited Partner?
If there is no Managing Partner appointed, who shall manage the Partnership?
If there is no Managing Partner appointed, who shall manage the Partnership?
What is the defining characteristic of a corporation?
What is the defining characteristic of a corporation?
Which of the following is NOT a classification of a corporation mentioned in the text?
Which of the following is NOT a classification of a corporation mentioned in the text?
Which type of corporation is recognized by immemorial usage without formal registration?
Which type of corporation is recognized by immemorial usage without formal registration?
Which corporation is organized for charitable purposes?
Which corporation is organized for charitable purposes?
Who can form a Corporation Sole?
Who can form a Corporation Sole?
Which type of corporation allows Filipino citizens and corporations to do business in its country of origin?
Which type of corporation allows Filipino citizens and corporations to do business in its country of origin?
Which mode of dissolution involves the corporation deciding to end its operations voluntarily?
Which mode of dissolution involves the corporation deciding to end its operations voluntarily?
What distinguishes a Corporation Sole from other types of corporations?
What distinguishes a Corporation Sole from other types of corporations?
What are the sources of obligation as mentioned in the text?
What are the sources of obligation as mentioned in the text?
In what situations can an Obligor be liable according to the text?
In what situations can an Obligor be liable according to the text?
What is the remedy for Causal Fraud (Dolo Causante) as mentioned in the text?
What is the remedy for Causal Fraud (Dolo Causante) as mentioned in the text?
What type of fraud was committed during the performance of an obligation?
What type of fraud was committed during the performance of an obligation?
What is legal delay according to the text?
What is legal delay according to the text?
What corresponds to the circumstances of person, time, and place according to the text?
What corresponds to the circumstances of person, time, and place according to the text?
What is the primary function of the Judicial Power?
What is the primary function of the Judicial Power?
Which statement best describes the Constitution?
Which statement best describes the Constitution?
What is the fundamental conception of the Constitution?
What is the fundamental conception of the Constitution?
What is the consequence if a law or contract violates the Constitution?
What is the consequence if a law or contract violates the Constitution?
What is the relationship between the Constitution and other laws?
What is the relationship between the Constitution and other laws?
What aspect of governance does the Bill of Rights address?
What aspect of governance does the Bill of Rights address?
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Study Notes
Liberty and Property
- Liberty refers to freedom to do right and never wrong, guided by reason and individual conscience.
- It includes rights to use faculties in all lawful ways, live and work where one wills, earn a livelihood by any lawful calling, and pursue any vocation.
- Property includes personal or real, immovable or movable objects, which cannot be taken or disposed of by the government without due process.
Equal Protection Clause
- The Equal Protection Clause means people of the same class shall be treated alike, under like circumstances and conditions.
- It does not mean absolute equality, as that would lead to injustice.
Right to Privacy
- The right to privacy is simply the right to be let alone.
Doctrine of the Fruit of the Poisonous Tree
- Any evidence obtained illegally cannot be used as evidence or is considered inadmissible in any proceedings.
Partnerships
- A partner who contributes both capital and industry is a capitalist-industrial partner.
- An industrial partner cannot engage in business for himself without the partnership's permission.
- A general partner is liable beyond the extent of their contribution.
- A limited partner is liable only to the extent of their contribution.
Corporations
- A corporation is an artificial being created by operation of law, having the right of succession and powers authorized by law.
- Classifications of corporations include:
- Corporation by prescription
- Domestic corporation
- Foreign corporation
- Corporation sole
- Eleemosynary corporation
- Three modes of dissolution of a corporation:
- Voluntary dissolution
- Involuntary dissolution
- Expiration or shortening of term
Obligations
- Obligation is a juridical necessity to give, to do, or not to do.
- Sources of obligation:
- Law
- Contracts
- Quasi-contracts
- Acts or omissions punishable by law (delicts)
- Quasi-delicts
- Sources of damages:
- Fraud
- Negligence
- Delay
Judicial Power
- The judicial power is the duty of the courts to settle actual controversies involving rights and to determine if there has been a grave abuse of discretion.
- The judicial power includes the power to interpret the law.
Constitution
- The Constitution is the basic and highest law of the land, to which all other laws must conform.
- The Constitution is the supreme law, and any law or contract violating it is null and void.
- The Bill of Rights governs the relationship between the individual and the state.
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