Philippine Territory Compositions PDF
Document Details
Uploaded by SuitableJasper9827
Tags
Summary
This document analyzes the compositions of the Philippine territory, outlining different domains within its jurisdiction (aerial, terrestrial, fluvial). It also describes various aspects of Philippine law, including types of laws (substantive, adjective, public, private), characteristics of law, forms of business organizations, and other related concepts. A deep dive into the fundamental components of the legal framework.
Full Transcript
COMPOSITIONS OF THE PHILIPPINE TERRITORY -PHILLIPINE ARCHIPELAGO -ALL TERRITORIES IN WICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION DIFFERENT DOMAINS N THE PHILLIPINES TERRITORIAL JURISDICTION -AERIAL( AIR) -TERRESTIAL (LAND) -FLUVIAL (WATER) CONSTITUTION -BASIC AND PARAMOUNT LAW TO WICH ALL...
COMPOSITIONS OF THE PHILIPPINE TERRITORY -PHILLIPINE ARCHIPELAGO -ALL TERRITORIES IN WICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION DIFFERENT DOMAINS N THE PHILLIPINES TERRITORIAL JURISDICTION -AERIAL( AIR) -TERRESTIAL (LAND) -FLUVIAL (WATER) CONSTITUTION -BASIC AND PARAMOUNT LAW TO WICH ALL OTHER LAWS MUST CONFORM TREATY -AGREEMENT BETWEEN TWO OR MORE INDEPENDENT NATIONS. JURISPRUDENCE -FINAL DECISION OF THE SUPREME COURT KINDS OF LAW ACCORDING TO PURPOSE *SUBSTANTIVE LAW- CREATES DEFINES AND REGULATES THE RIGHTS AND DUTIES. *ADJECTIVE LAW-PROVIEDS THE METHOD OF AIDING AND PROTECTING CERTAIN RIGHTS. ACCORDING TO SCOPE *PUBLIC LAW-APPLIES TO ALL OF THE STATE OR TO PARTICULAR CLASS OF PERSONS IN THE STATE. *PRIVATE LAW-LAW RELATES TO PARTICULAR CLASS OF PERSONS OR THINGS. CHARACTERSTICS OF LAW *RULE OF HUMAN CONDUCT *JUST AND OBLIGATORY *PROMULGATED BY COMPETENT AUTHORITY *IT MUST BE OBSERVED BY ALL THREE BRANCHES OF THE GOVERNMENT *LEGISLATIVE BRANCH-PROMULGATES THE LAW *EXECUTIVE BRANCH- EXECUTES OR CARRY OUT THE LAW *JUDICIAL BRANCH-INTERPRETS THE LAW SEARCH WARRANT-SEARCH FOR CERTAIN PERSONAL PROPERTY AND BRING IT BEFORE THE COURT. WARRANT OF ARREST-PERSON TO BE ARRESTED CITIZENSHIP-MEMBERSHIP IN A POLITICAL COMMUNITY NATURAL BORN CITIZENS-CITIZENS OF THE PHILLIPINES FROM BIRTH *MODES OF ACQUIRING CITIZENSHIP: *JUS SANGUINIS-CITIZENSHIP ACQUIRED BY BLOOD RELATIONSHIP *JUS SOLI- CITIZENSHIP DETERMINED BY PLACE OF BIRTH *NATURALIZATION- FORMS OF BUSINESS ORGANIZATIONS 1.SOLE PROPRIETORSHIP 2.PARTNERSHIP 3.CORPORATION FORMS OF PARTNERSHIPS -GENERAL PARTNERSHIP -LIMITED PARTNERSHIP -LIMITED LIABILITY PARTNERSHIP -NATURE OF PARTNERSHIP -DELECTUS PERSONAE TYPES OF PARTNERS -GENERAL PARTNERS -LIMITED PARTNERS -SILENT PARTNERS *ADVANTAGES OF CORPORATE FORM OF BUSINESS -STRONG LEGAL PERSONALITY -LIMITED LIABALITY TO INVESTORS -FREE TRANSFERABILITY OF UNITS OF INVESTMENT -CENTRALIZED MANAGEMENT *CLASSIFICATIONS OF CORPORATION ACCORDING TO THE PLACE WHERE THEY INCORPORATED: -DOMESTIC CORPORATION-INCORPORATED UNDER THE PHILIPINE LAWS -FOREIGN CORPORATION ACCORDING TO STOCK -STOCK CORPORATION-HAVE CAPITAL STOCK DIVIDED INTO SHARES -NON STOCK CORPORATION-DO NOT ISSUE STOCK OTHER KINDS OF CORPORATION -DE JURE-COMPLIED WITH THE REQUIREMENTS OF THE LAW. -DE FACTO--FAILED TO COMPLY WITH SOME OF THE LEGAL REQUIREMENTS OF THE LAW -CORPORATION SOLE-APPLIES TO RELIGIOUS DENOMINATIONS -CLOSE CORPORATION-STOCK IS NOT OPEN FOR SUBSCRIPTIONS -OPEN CORPORATION-STOCKS ARE OPEN FOR PUBLIC SUBSCRIPTIONS -ELEEMOSYNARY CORPORATION-CHARITABLE PURPOSES -ECCLESIASTICAL CORPORATION-RELIGIOUS PURPOSES -LAY CORPORATION-ANY PURPOSE OTHER THAN RELIGION -CORPORATION BY ESTOPPEL-MEMBERS ASSUME TO ACT AS CORPORATION LAW- OBLIGATION TO PAY TAXES OR THE FATHERS OBLIGATION CONTRACT-OBLIGATION TO PAY AN INDEBTEDNESS BY VIRTUE QUASI CONTRACT-AS IF CONTRACT TWO KINDS OF QUASI CONTRACT: A.SOLUTIO INDEBITI-CREATED WHEN SOMETHING IS RECIEVED B. QUASI DELICTS-AS IF ESSENTIAL REQUISITES -PASSIVE SUBJECT-HAS THE DUTY TO FULFILL THE OBLIGATION -ADJECTIVE SUBJECT-CALLED CREDITOR OR OBLIGEE -OBJECT OR PRESTATION-SUBJECT MATTER OF THE OBLIGATION -JURIDICAL OR LEGAL TIE-CALLED EFFICENT CAUSE KINDS OF OBLIGATIONS-OBLIGATION TO GIVE 1.REAL OBLIGATION-OBLIGATION TO GIVE 2.PERSONAL OBLIGATION-OBLIGATION TO DO OR NOT TO DO SOURCES OF OBLIGATION ARTICLE 1157 ARISE FROM 1.LAW 2.CONTRACTS 3.QUASI CONTRACTS 4.ACTS OR OMISSIONS PUNISHED BY LAW 5.QUASI DELICTS ACT OF A MAN-WILL OF THE OBLIGOR BUT NOT OF OTHERS ACT OF GOD-EARTHQUAKE,TYPHOON AND OTHER CALAMITIES MODES OF EXTINGUISHING OBLIGATION -PAYMENT OR PERFORMANCE-PAYMENT BY THE COSTUMER -LOSS OF THE THING DUE-LOSS OR DISSAPER OF THINGS -CONDONATION OR REMISSION OF DEBT-CREDITOR FORGIVES THE DEBT -CONFUSION OR MERGER OF THE RIGHTS OF THE CREDITOR AND DEBTOR IMPORTANT CIVIL CODE PROVISIONS NECESARY IN TH CONDUCT OF HOSPITALITY BUSINESS. DELAY OR MORA-FAILURE TO PERFORM AN OBLIGATION ON TIME KINDS OF DELAY 1.MORA SELVENDI-DELAY OF THE DEBTOR TO FULLFILL HIS OBLIGATION 2MORA ACCIPENDI-TO ACCEPT THE PERFORMANCE OF THE OBLIGATION 3COMPENSATIO MORAE-DELAY ON THE PART OF BOTH PARTIES GROUNDS FOR LIABALITY ART 1170 1.FRAUD-INTENTION TO CAUSE DAMAGE OR INJURY 2.NEGLIGENCE-NO INTENTION TO CAUSE DAMAGE 3.DELAY(MORA)-FAILURE TO PERFORM AN OBLIGATION ON TIME 4.CONTRAVENTION OF THE TERMS OF OBLIGATIO-VIOLATIONS OF TERMS AND CONDITION STAGES OF CONTRACT *GENERATION OR NEGOTATION- -PERFECTION- -CONSUMMATION- CHARACTARESTICS OF CONTRACTS: -OBLIGATORY FORCE-TO FULLFILL THIER RESPECTIVE OBLIGATIONS. -AUTONOMY OF THE CONTRACTS-FREE TO ENTER INTO CONTRACT -MUTUALITY OF THE CONTRACTS-CONTRACT MUST BE BIND BOTH PARTIES -RELAVITITY OF THE CONTRACT- ESSENTIAL ELEMENTS OF A CONTRACT *CONSENT-MEETING OF THE OFFER AND THE ACCEPTANCE *OBJECT-LAWFUL AND NOT AGAINTST CUSTOMS *CAUSE-CONTRACT IS THE PRICE IN A FORM OF MONEY VICES OF CONSENT *VIOLENCE-FORCING TO SIGN A CONTRACT *INTIMIDATION-THREAT TO THE PERSON *MISTAKE-COMMIT ERROR *FRAUD-TO INDUCE THE OTHER PARTY *UNDUE INFLUENCE-OVERPOWERS THE MIND OF THE PARTY