Business Law PDF Module 1, Cavite State University

Republic of the Philippines CAVITE STATE UNIVERSITY Bacoor City Campus DEPARTMENT OF MANAGEMENT STUDIES BS BUSINESS MANAGEMENT BMGT 24:...

Republic of the Philippines CAVITE STATE UNIVERSITY Bacoor City Campus DEPARTMENT OF MANAGEMENT STUDIES BS BUSINESS MANAGEMENT BMGT 24: BUSINESS LAW Second Semester, AY 2021-2022 MODULE NUMBER 1 Preface This module is designed to help First year Business Management Students taking up Business Law subject thru online. The material is designed to be read interactively or after downloading; while the embedded interactive exercises require internet connectivity, each can also be downloaded for offline work. These exercises are presented to help you test and apply what you are reading, challenge yourself, prepare quizzes, and have a little fun along the way. About the Author ATTY. RENNEY KIRSTY P. MOSTAJO-RIVERA is one of the pioneer students of Cavite State University, Bacoor Campus. She graduated cum laude under Business Management Major in Marketing Management. In 2013, she took up Bachelor of Laws at Philippine Christian University under an honor graduate scholarship program. She manages to be a consistent dean lister while being a working student at the same time. By the grace of God, she graduated on the year 2017 and passed the bar on the same year. Since 2018, she handles business law subjects in Cavite State University, Bacoor Campus such as Obligations and Contracts and International Trade and Agreements. Presently, she is working as Court Attorney at the Supreme Court of the Philippines. Objectives: After successfully completing this module, you should be able to have an overview of the law and the Philippine legal system. This module aims to provide insight into the nature and function of law, familiarize the students with legal concepts, terminology  and principle related to obligations and contracts. Pre-Test Write true if the statement is correct, false if incorrect. 1. Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience 2. A criminal action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. 3. A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. 4. Law means a rule of conduct formulated and made obligatory by legitimate power of the state. 5. Succession focuses on how a property transfer from a decedent to a qualified person. Answer Key: 1. True 2. False 3. True 4. True 5. True MODULE 1: General Nature and Introduction to Law Meaning of Law In general, it means that any rule of action or any system of uniformity. It also determines not only the activities of men as rational beings but also the movement or motions of all objects of creation, whether animate or inanimate. Characteristics of Law 1. It is a rule of conduct – Law tells us what shall be done and what shall not be done. As a rule of human conduct, law takes cognizance of external acts only; 2. It is obligatory – Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience; 3. 3. It is promulgated by legitimate authority – In the Philippines, the legitimate or competent authority is the legislature. Under the Constitution, laws called ―statutes are enacted by Congress which is the name of the legislative branch of our government. 4. 4. It is a common observance and benefit – Law is intended by man to serve man. It regulates the relations of men to maintain harmony in society and to make order and co-existence possible. Law must, therefore, be observed by all for the benefit of all. Three (3) types of cases in Philippine Legal system  1. A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. 2. A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. 3. A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. Criminal case vs Civil case Definition Criminal case deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual. Examples are murder, assault, theft, and rape. Civil case deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Examples are collection of money, breach of contract, negligence resulting in injury or death, and property damage. Standards of Proof In criminal cases, the prosecution must establish the guilt of the defendant "beyond a reasonable doubt"; and defendants are protected against conduct by police or prosecutors that violates their constitutional rights, including the right against unreasonable searches and seizures and the right against compelled self-incrimination. In civil cases, the plaintiff must establish the defendant's liability only according to the “preponderance of evidence"; and defendants are not entitled to the same legal protections as are the criminally accused. CIVIL LAW The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. The Civil Code is divided into five “books”, with each specific book namely: 1. Persons and Family Relations - Book I of the Civil Code concerning individual rights and governing family relations. 2. Obligations and Contracts - Law of obligations is defined as juridical necessity to give, to do or not do. A Contract is a meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render some service.  3. Property - Focuses on property, which classifies and defines the different kinds of appropriable objects, provides for their acquisitions and loss and treats the nature and consequences of real right. 4. Succession – focuses on how a property transfer from a decedent to a qualified person. 5. Special Law - the Civil Code does provide several pertinent provisions on different laws involving civil rights. Post Test Write true if the statement is correct, false if incorrect. 1. Succession – focuses on how a property transfer from a decedent to a qualified person. 2. Civil code of the Philippines is divided into three books. 3. Criminal law is under the Civil Code of the Philippines. 4. Petitioner is a government official charged with bringing accused in criminal cases to justice in the name of the state. 5. A Contract is defined as juridical necessity to give, to do or not do. Answer key 1. True, 2. False, 3. False 4. False 5. False ACTIVITY 1 (DEADLINE: February 26, 2022) 1. Make an Introductory Video of introducing yourself. Witty or Serious type of video is accepted. a. Must be minimum of 1 minute and maximum of 2 minutes. b. Introduce yourself (name, hobby, age, talent, full-time or part-time student, etc.) It is up to you what do you want to include in the video as long as it is related in introducing yourself. c. It may be a witty, serious or formal type of video introduction. d. Must answer this question in the video: Why did you choose the course Business Management? What do you expect to learn in Obligation and Contracts?