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Results for “Civil Code of the Philippines (RA 386) SECTION 4 / Special Provisions for the Lease of Urban Lands”

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Question Political and Public International Law | General Principles | ESSAY Medium

A municipal mayor signs a 2-year lease of a city-owned market complex to a private operator for a total value of 12,0...

A municipal mayor signs a 2-year lease of a city-owned market complex to a private operator for a total value of 12,000,000 pesos, acting on behalf of the City. The mayor asserts authority from a city council resolution...

Citations: Local Government Code of the Philippines (RA 7160) on the powers of local executives and sanggunian;, Civil Code provisions on agency and authority (principles of actual vs apparent authority and ultra vires acts);, Local government procedures and budgetary requirements governing authority to enter into contracts and leases.

Question Political and Public International Law | Protected v. Unprotected Speech | ESSAY Medium

A public official of Barangay Z posts on the barangay’s official Facebook page a short clip: “If the protesters block...

...hilippines, Article III, Section 4 (Freedom of Speech), Revised Penal Code provisions on incitement to violence or lawless action and related criminal/offense-liability concepts...

Citations: Constitution of the Philippines, Article III, Section 4 (Freedom of Speech), Revised Penal Code provisions on incitement to violence or lawless action and related criminal/offense-liability concepts, Civil Service/Law governing liabilities of public officers for abuse of official powers (administrative consequences)

Question Political and Public International Law | Executive Departments and Offices | ESSAY Medium

A Memorandum Order from the President directs the Department of Budget and Management (DBM) to suspend the Regional D...

...officials and the limits of that power, including any due process or civil service considerations. (c) Apply the doctrine to the facts: who has the authority to suspend the RD; is the President’s directive valid within...

Citations: Constitution of the Philippines, Article VII, Section 17 (Power of the President to supervise and control executive departments)., Administrative Code of 1987 (execution of executive supervision and related procedures)., Civil Service Commission rules on suspension and due process for Civil Service employees.

Question Commercial and Taxation Laws | Dissolution and Winding Up | ESSAY Medium

Facts: A, B, and C are partners in the general partnership 'ABC Traders' formed to operate a retail electronics store...

...that, upon dissolution, a winding-up partner will manage liquidation of assets and settlement of liabilities. After a dispute, A withdraws from the partnership. B and C proceed to dissolve the firm and appoint B as the...

Citations: Civil Code of the Philippines (Partnerships and their liabilities), Civil Code provisions on general partnerships and the duties and liabilities of partners during dissolution and winding up

Question Commercial and Taxation Laws | Under the Civil Code | ESSAY Medium

Swift Ocean Lines, a common carrier, is contracted by Aurora Tech Distributors to transport 1,000 cartons of laptops...

...is contracted by Aurora Tech Distributors to transport 1,000 cartons of laptops from Manila to Cebu. The contract requires delivery in good order. During transit, a leak in the cargo hold occurs due to a defective seal...

Citations: Civil Code of the Philippines (provisions on common carriers and bailments), Supreme Court decisions recognizing the doctrine of vigilance over goods for common carriers, Philippine law treatises on obligations and contracts (common carrier liability)

Question Political and Public International Law | Fact-finding, Investigative, Licensing, and Rate-fixing Powers | ESSAY Medium

An Urban Utilities Regulation Commission (UURC) has general statutory power to license water providers, regulate rate...

...both the provisional suspension and the final decision on the grounds of lack of due process and alleged ultra vires action. (a) Identify the controlling doctrine governing the authority of the RILP and the due-process r...

Citations: Constitution of the Philippines, Article III (due process clause), Administrative Code provisions on due process and licensing procedures, Ang Tibay v. Court of Industrial Relations, for due-process standards in administrative adjudication

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Acknowledgment | ESSAY Medium

Facts: Elena Torres owns a parcel of land in Davao City. By a Special Power of Attorney dated February 2, 20XX, she a...

Facts: Elena Torres owns a parcel of land in Davao City. By a Special Power of Attorney dated February 2, 20XX, she appoints her brother Marco to sign, acknowledge, and execute instruments necessary to convey Elena’s lan...

Citations: Civil Code provisions on agency and authority, Notarial practice guidelines / Notarial acts in the Philippines (rules governing acknowledgment)

Question Commercial and Taxation Laws | Defenses Available to a Common Carrier | ESSAY Medium

Scenario: Nexus Freight Co., a common carrier, contracts to transport 25 pallets of fresh bananas from Cebu to Dumagu...

...clearly delineated follow-up to assess mitigation and foreseeability. Civil Code provisions and jurisprudence recognizing act of God (vis major) as a defense for common carriers in the Philippines., S...

Citations: Civil Code provisions and jurisprudence recognizing act of God (vis major) as a defense for common carriers in the Philippines., Supreme Court decisions and bar review materials discussing the defenses of common carriers, including vis major, inherent vice, and shipper’s fault.

Question Political and Public International Law | Executive Departments and Offices | ESSAY Medium

A Memorandum Order from the President directs the Department of Trade and Industry (DTI) to suspend the Regional Dire...

...officials and the limits of that power, including any due process or civil service considerations. (c) Apply the doctrine to the facts: who has the authority to suspend the RD; is the President’s directive valid within...

Citations: Constitution of the Philippines, Article VII, Section 17 (Power of the President to have control over all executive departments, bureaus, and offices)., Administrative Code of 1987 (Executive Order No. 292), provisions on the President’s control over the executive branch and the role of department heads as agents in implementing presidential directives.

Question Political and Public International Law | Lawful and Prohibited Election Propaganda | ESSAY Medium

During the campaign period for local elections, a sitting city councilor who is a candidate uses a city-owned public...

...ions prohibiting use of government resources for election propaganda, Civil Service Commission rules and guidance on use of government resources and political activ...

Citations: Omnibus Election Code (BP Blg. 881), especially provisions prohibiting use of government resources for election propaganda, Civil Service Commission rules and guidance on use of government resources and political activities by public officers, Supreme Court decisions and commentary on prohibited election propaganda and the use of official government channels for campaign messaging

Question Commercial and Taxation Laws | Dissolution and Winding Up | ESSAY Medium

Facts: The general partnership 'Nexa Tech Traders' comprises partners S, T, and U and operates a consumer electronics...

...artnership agreement provides that dissolution occurs upon withdrawal of a partner and that liquidation is to be conducted by a winding-up partner designated by the remaining partners. After a dispute, T withdraws. S and...

Citations: Civil Code of the Philippines (Partnerships and Agency provisions), Philippine bar review treatises on partnerships and agency law

Question Commercial and Taxation Laws | Under the Civil Code | ESSAY Medium

MetroLine Freight, a common carrier by road, is contracted to transport 2,500 sacks of refined sugar from Laoag to Ma...

...ght, a common carrier by road, is contracted to transport 2,500 sacks of refined sugar from Laoag to Manila. The contract requires delivery in good order. During transit, a heavy rain causes a roof panel to leak in the c...

Citations: Civil Code provisions on common carriers and the duty of diligence in transit (extraordinary diligence)., Supreme Court interpretations of carrier liability and applicable defenses (force majeure, latent defects).

Question Commercial and Taxation Laws | Defenses Available to a Common Carrier | ESSAY Medium

Scenario: Aurora Freight Lines, a common carrier, is contracted to transport 40 crates of fragile glassware from Cebu...

...d emphasizes the central defense with a clear limitations discussion. Civil Code of the Philippines (Republic Act No. 386), Philippine Supr...

Citations: Civil Code of the Philippines (Republic Act No. 386), Philippine Supreme Court decisions on common carriers and vis major (acts of God)

Question Commercial and Taxation Laws | Under the Civil Code | ESSAY Medium

Sunrise Logistics, a common carrier, is contracted to transport 900 crates of cacao beans from Cagayan de Oro to Mani...

...se Logistics, a common carrier, is contracted to transport 900 crates of cacao beans from Cagayan de Oro to Manila. The contract requires delivery in good order. The cacao beans are non‑perishable. During transit, a floo...

Citations: Civil Code of the Philippines, provisions on common carriers and diligence over goods (vigilance over goods).

Question Political and Public International Law | Right Against Involuntary Servitude | ESSAY Medium

At a private e-commerce fulfillment center in Pasay, a contractor houses a live‑in courier, Leila, in a dorm on the p...

...s are available to Leila, and who may sue for relief? Briefly outline civil and potential criminal avenues and the appropriate fora. This flashcard isolates the single central doctrine (right against involuntary servitud...

Citations: Constitution of the Philippines, Article III, Section 18, Revised Penal Code (provisions on illegal detention and coercion)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Rule-making Power of the Supreme Court | ESSAY Medium

Rule-making Power of the Supreme Court. The Supreme Court en banc promulgates Rule 12-A, which provides: (a) before f...

...en banc promulgates Rule 12-A, which provides: (a) before filing any civil action, counsel must attach an Ethics Certification from the Integrated Bar attesting that the attorney has complied with the Code of Profession...

Citations: Constitution of the Philippines, Article VIII, Section 5(5)

Question Political and Public International Law | Immunity of Public Officers | ESSAY Medium

Identify the doctrine of immunity from civil suits for public officers in the Philippines and apply it to the followi...

Identify the doctrine of immunity from civil suits for public officers in the Philippines and apply it to the following scenario: A city mayor, acting within his official authority, signs a contract with a private contra...

Citations: Constitution of the Philippines (1987) provisions on accountability of public officers and immunity from official acts;, Republic Act No. 7160 (Local Government Code of 1991) and related provisions governing local government liability and contracts;, Supreme Court jurisprudence recognizing immunity from suit for acts within official capacity, with exceptions for grave abuse, malice, or acts beyond authority (as referenced in Philippine public-law doctrine).

Question Commercial and Taxation Laws | Non-copyrightable Works | ESSAY Medium

An official city government publishes its City Environmental Code on its website. A private publisher downloads the c...

An official city government publishes its City Environmental Code on its website. A private publisher downloads the code verbatim and posts it on its own site. The publisher then releases a Plain-English Digest that rest...

Citations: Republic Act No. 8293 (Intellectual Property Code of the Philippines), IPOPHL guidance on non-copyrightable works and government texts, Lawphil.net – Intellectual Property Code of the Philippines (RA 8293)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Parol Evidence | ESSAY Medium

A and B sign a written contract for the sale of a custom drone at PHP 180,000. The instrument contains an integration...

A and B sign a written contract for the sale of a custom drone at PHP 180,000. The instrument contains an integration clause: 'This instrument constitutes the entire agreement between the parties; no prior or contemporan...

Citations: Civil Code provisions on contracts and parol evidence (Philippines); Rule on Evidence (Philippines) and leading jurisprudence on collateral contracts and integration clauses.

Question Political and Public International Law | General Principles | ESSAY Medium

An acting municipal mayor signs a 2-year lease of a city-owned market complex to a private operator for a total value...

An acting municipal mayor signs a 2-year lease of a city-owned market complex to a private operator for a total value of 12,000,000 pesos, acting on behalf of the City. The mayor asserts authority from a city council res...

Citations: Local Government Code (Republic Act No. 7160) on the authority of local officers and sanggunian; budgeting and appropriations., Philippine Civil Code provisions on agency and apparent authority (agency by estoppel) and ratification., Budget/appropriation norms in Philippine public law (no obligation without appropriation).

Question Political and Public International Law | General Principles | ESSAY Medium

An acting provincial governor signs a contract with Delta Builders, Inc. for the construction of a provincial road, a...

...ernor signs a contract with Delta Builders, Inc. for the construction of a provincial road, amounting to 8,000,000 pesos, on behalf of the Province. The Governor asserts authority from a supposed resolution of the Sanggu...

Citations: Civil Code provisions on agency and authority (Philippines), General principles on ultra vires acts of public officers and ratification in Philippine public law, Administrative and constitutional framework governing public officers (Philippines)

Question Labor and Social Legislation | International Labor Organization Ratifications | ESSAY Medium

An ILO Convention No. 138 on Minimum Age for Employment is ratified by the Philippines after the President signs it w...

...Philippines after the President signs it with the advice and consent of the Senate. The ratification is published in the Official Gazette, but no implementing legislation accompanies the ratification. A private school h...

Citations: 1987 Constitution, Article II, Section 2 (general principle that the Philippines adheres to generally accepted international law as part of the law of the land), ILO Convention No. 138 (Minimum Age for Employment), Philippine Labor Code provisions on minimum age for employment (and related restrictions for minors)

Question Political and Public International Law | Failure of Election; Call for Special Election | ESSAY Medium

In the City of Malaya, the municipal election for mayor could not yield a proclaimed winner because a cyberattack dis...

...ancies and local governance., Republic Act No. 7160, Local Government Code of 1991 (vacancies and acting offi...

Citations: Constitution of the Philippines (1987) provisions on vacancies and local governance., Republic Act No. 7160, Local Government Code of 1991 (vacancies and acting officials for local offices)., Omnibus Election Code (as amended) (authority to call and conduct elections, including special elections).

Question Political and Public International Law | Immunity of Public Officers | ESSAY Medium

Under the doctrine of immunity from civil suits for acts performed in the performance of official duties, analyze the...

Under the doctrine of immunity from civil suits for acts performed in the performance of official duties, analyze the following scenario: A regional director of the Department of Education (DepEd) signs a contract with a...

Citations: 1987 Constitution of the Philippines (provisions on accountability of public officers and state liability), Civil Code of the Philippines, Articles 2176-2179 (quasi-delict), Administrative Code of 1987 (liability and duties of public officers)