Finals Flashcards
Laws for Citation
- 1987 Constitution
- Retail Trade Liberalization Act (R.A. 8762)
- Civil Code (ObliCon; Law on Sales)
- E-Commerce Act
- Rules of Evidence
- Access Devices Regulation Act
- PH Lemon Law
- Price Act
- Consumer Act
Inherent Powers of the State
Police Power
- It is the power of promoting the public welfare by restraining and regulating the use of both liberty and property of all the people for public good or welfare.
Power of Eminent Domain
- The right of the State to take private property for public use or purpose, provided that just compensation is given and due process is observed.
Power of Taxation
- This affects only property rights and may be exercised only by the government; to raise revenue for the services and income to support the community needs.
Doctrine of Qualified Political Agency
Also known as the alter ego doctrine, under the doctrine of qualified political agency, department secretaries are alter egos or assistants of the President and their acts are presumed to be those of the latter unless disapproved or reprobated by him.
Appeal may be done by filing a petition for certiorari directly before the CA.
XPNs: There are certain constitutional powers and prerogatives of the President which must be exercised by him in person and cannot be exercised by any other person
- power to suspend the writ of habeas corpus;
- proclaim martial law, and;
- exercise of pardoning power.
Angeles v. Gaitan
Doctrine of Qualified Political Agency
When the President herself did not revoke the order issued by the Acting Deputy Executive Secretary for Legal Affairs, the act of the latter is deemed to be an act of the President herself.
Tiu v. Dizon
Exceptions to the Doctrine of Qualified Political Agency
The exercise of the pardoning power demands the exclusive exercise by the President of the constitutionally vested power. He may not delegate this authority under the doctrine of qualified political agency.
Filipino First Policy
Filipino businessmen must be given priority over foreign investors with respect to the grants of rights, privileges, and concessions covering national economy and patrimony
Manila Prince Hotel v. GSIS
Filipino First Policy
In the granting of economic rights, privileges, and concessions, when a choice has to be made between a “qualified foreigner” end a “qualified Filipino,” the latter shall be chosen over the former.
The Filipino will have to be allowed to match the bid of the foreign entity. And if the Filipino matches the bid of a foreign firm the award should go to the Filipino. Foreigners may be awarded the sale only if no Filipino qualifies, or if the qualified Filipino fails to match the highest bid tendered by the foreign entity.
Control Test and Grandfather Rule
Control Test
- Liberal Rule. It is determined by the nationality of the controlling stockholders or members. A corporation which is at least 60% Filipino-owned is considered Filipino.
Granfather Rule
- Stricter Rule. The combined totals in the investing corp and investee corp must be traced to determine the total percentage of Filipino ownership. This is done when there are doubts as to the ownership.
Narra Nickel Mining Developt Corp. v. Consolidated Mines Corp.
Grandfather Rule and Control Test
- Grandfather Rule applies only when 60-40 Filipino-foreign equity ownership is in doubt. McArthur, Tesoro and Narra are not Filipino since MBMI, a 100% Canadian corporation, owns 60% or more of their equity interests.
Ichong v. Hernandez
Constitutionality of R.A. 1180
- The State can deprive persons of life, liberty and property, provided there is due process of law. Classification is allowed. What is not allowed is when there is no valid justification for such classification.
Espina v. Zamora
Constitutionality of R.A. 8762 (Retail Trade Liberalization Act)
- The 1987 Constitution does not rule out the entry of foreign investments, goods, and services. While it does not encourage their unlimited entry into the country, it does not prohibit them either. In fact, it allows an exchange on the basis of equality and reciprocity, frowning only on foreign competition that is unfair.
Sales Not Considered As Retail
Section 2. Sales Not Considered as Retail. - The following sales are not considered as retail:
a) Sales of a manufacturer, processor, laborer, or worker of products manufactured, processed or produced by him to the general public whose capital does not exceed One hundred thousand pesos (P100,000.00);
b) Sales by a farmer or agriculturist selling the products of his farm, regardless of capital;
c) Sales arising from restaurant operations by a hotel owner or inn- keeper irrespective of the amount of capital, provided, that the restaurant is incidental to the hotel business;
d) Sales through a single outlet owned by a manufacturer of products manufactured, processed or assembled in the Philippines, irrespective of capitalization;
e) Sales to industrial and commercial users or consumers who use the products bought by them to render service to the general public and/or produce or manufacture of goods which are in turn sold by them; or
f) Sales exclusively to the government and/or its agencies and government- owned and controlled corporations
High End or Luxury Goods
Goods which are not necessary for life maintenance and whose demand is generated in large part by the higher income groups.
Natural Born Filipino Citizens
Section 1. The following are citizens of the Philippines:
a) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
b) Those whose fathers or mothers are citizens of the Philippines;
c) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
d) Those who are naturalized in accordance with law.
Resident Former Natural-Born Filipino Citizen
A former natural-born Filipino citizen is deemed “residing in the Philippines” if he/she physically stays in the country for an aggregate period of a total of at least one hundred eighty (180) days within a given year.
Section 1. Rights of former Natural-born Filipinos. — Any natural-born Filipino citizen who has lost his/her Philippine citizenship and who has legal capacity to enter into a contract under Philippine laws may be allowed to engage in retail trade, provided that he/she resides in the Philippines.
Laws on Foreign Equity Participation
Category A
A foreign retailer shall have a minimum paid-up capital of Twenty-five million pesos (P25,000,000.00).
Category B
The foreign retailer’s country of origin does not prohibit the entry of Filipino retailers;
Category C
In the case of foreign retailers engaged in retail trade through more than one (1) physical store, the minimum investment per store must be at least Ten million pesos (P10,000,000.00): Provided, That this requirement shall not apply to foreign investors and foreign retailers who are legitimately engaged in retail trade and were not required to comply with the minimum investment per store at the time of the effectivity of this Act: Provided, further, That proof of qualification to engage in retail trade under Republic Act No. 8762 and its implementing rules and regulations is submitted to the DTI.
Obligation
Elements of an Obligation
Asuncio v. CA
Sources of an Obligation
Modes of Extinguishing an Obligation
Payment
How is payment of debts in money made?
Legal Tender
Rule on Delivery of Promissory Notes
Evangelista v. Screenex
Characteristics of a Contract
Auto-Contract
Differentiate Among Essential, Natural, and Accidental Elements of a Contract
Insular Life v. Asset Builders
