Philippine Law: Preliminary Notes PDF

9/21/24, 10:02 AM OneNote PRELIM Saturday, September 21, 2024 9:05 AM WEEK 2 Sources of Law 1. Constitution 2. Legislation 3. Administrative or Executive Orders 4. Judic...

9/21/24, 10:02 AM OneNote PRELIM Saturday, September 21, 2024 9:05 AM WEEK 2 Sources of Law 1. Constitution 2. Legislation 3. Administrative or Executive Orders 4. Judicial Decisions 5. Customs Major Legal Systems 1. Common Law 2. Civil Law 3. Religious Law Philippine Court System 1. Baranggay Level 2. Municipal trial Court 3. Regional Trial Court 4. Court of Appeals 5. Supreme Court Criminal and Civil Law Item Criminal Civil Wrongful Act Crime/Offence Civil Wrong Person bringing Prosecutor Plaintiff action Subject to action Accused Defendant Case proved the Guilty Liable wrongful act Remedy Punishment Damages Burder of Proof Beyond Reasonable Balance of Probability Doubts Principal Defences to Civil Lawsuit 1. A Traverse – denying 2. Confession and Avoidance 3. An Objection on point of law Interpreting Laws and Statues 1. Context 2. Mischief 3. Literal 4. Golden Civil Code of the Philippines (RA 386) Article 1306 of the Civil Code- The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Contract - “between parties”, “agreement, “legal obligation Fundamental Requisites of a Contract 1. Offer 2. Acceptance 3. Consideration Essentials to Form a Contract: 1. Agreement Offer Acceptance 2. Consideration 3. Intention to create legal relations 4. Capacity of the parties 5. Possibility of the performance 6. Certainty https://onedrive.live.com/edit.aspx?resid=DFAFC7BB6B2106F1!sdad16c05a0c344099ebe8b5f15f98d52&migratedtospo=true&wd=target%28QS 004 -… 1/4 9/21/24, 10:02 AM OneNote Basic essentials of a Construction Contract Details of the Project Contract Sum Completion Period WEEK 3 LAW OF TORT (NEGLIGENCE) A tort gives remedy in damages to compensate. A wrong that is exclusively a breach of contract cannot be a tort and visa versa, but in some cases a wrongful act or omission may constitute a breach of contract or a tort. TYPES OF CONSTRUCTION CONTRACT 1. Lump Sum Contract - fixed price (subject to contractual variations) is tendered and agreed with the Contractor to deliver the project. 2. Remeasurement Contract - The Contractor is paid for the actual quantities of work undertaken. 3. Target Sum Contract - target sum (subject to contractual variations) is tendered and agreed for with a Contractor to deliver the project. 4. Guaranteed Maximum Price Contract - contractual guaranteed maximum price (fixed ceiling price) agreed in the Contract 5. Cost Reimbursable Contract - The Contractor is paid the actual costs incurred in delivering the project, plus an agreed (usually tendered) profit fee (percentage of contract sum). 6. Management Contract - The Contractor, sometimes Consultant, is paid to manage the delivery of a project through the engagement of a series of trade contractors FORMS OF CONTRACT Bespoke Contracts - Contract conditions that are drafted specifically for a particular project ○ CONTRA PROFERENTUM -It is where ambiguous clauses are construed against the party who put the contract forward Standard Forms of Contract Modified Standard Forms of Contract Week 4 – Privity of Contract PRIVITY OF CONTRACT legal doctrine whereby only a party to a contract can enforce its terms. COLLATERAL WARRANTY Also called “duty of care deed” runs alongside contractual agreement concurrently with the main contract and provide direct contractual LETTER OF INTENT (LOI) form of offer from the employer to pay the contractor to undertake works before an agreed contract is in place. Letter of Intent should define at least one of the following: 1. Agreed scope of works required 2. A financial limit 3. Aprogramme for delivery 4. Payment terms LETTER OF AWARD (LOA) A letter sent by a client/employer as written confirmation that a tenderer has been successful and will be awarded a contract. NOTICE TO PROCEED (NTP) notice to proceed issued by the employer detailing the date on which a contractor may begin work on a project per the terms of the contract. WEEK 5 CONTRACT DOCUMENTS As defined by EJCDC (USA): ▪ Written documents that define the roles, responsibilities and “Work” under the Construction Contract and are legally binding on the parties. As defined by AIA (USA): https://onedrive.live.com/edit.aspx?resid=DFAFC7BB6B2106F1!sdad16c05a0c344099ebe8b5f15f98d52&migratedtospo=true&wd=target%28QS 004 -… 2/4 9/21/24, 10:02 AM OneNote ▪ Group of documents that comprise the construction contract between the Owner and Contractor and represents the entire and integrated agreement between the parties. As defined by FIDIC (International): ▪ The Contract Agreement, Letter of Acceptance, Letter of Tender, any addenda referred to in the Contract Agreement, these Conditions, the Specification, the Drawings, the Schedules, the Contractor’s Proposal, the JV Undertaking (if applicable) and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance Contract Agreement– means the agreement entered into by both Parties in accordance with Sub-Clause 1.6 [Contract Agreement https://onedrive.live.com/edit.aspx?resid=DFAFC7BB6B2106F1!sdad16c05a0c344099ebe8b5f15f98d52&migratedtospo=true&wd=target%28QS 004 -… 3/4 9/21/24, 10:02 AM OneNote https://onedrive.live.com/edit.aspx?resid=DFAFC7BB6B2106F1!sdad16c05a0c344099ebe8b5f15f98d52&migratedtospo=true&wd=target%28QS 004 -… 4/4