OBLICON
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Criminal Law - Revise & Special Laws
(child abuse law), Violated = Imprisonment, Pay
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The law may be harsh but it is
the law
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Civil Law - You can demand bcs
of prejudice (No imprisonment)
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Can file criminal case =
imprisonment
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Can file civil case = Fine,
Danyos
Ex. Uncle inserted his finger to vagina
Evidence: Medico Legal
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Constitutional Law - 1
Constituion PH
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The PH Constituion 1987
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Bill of Rights
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Karapatan sa pag takbo - boto
at bumoto
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Ellect as President, VP,
Senators
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Gano kalawak teritoryo ng PH
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Taxation Law (Taxes = Bayad)
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Train law (the higher the train
law, the higher the taxes)
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Minimum Salary = No Tax
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No tax under retrain law
Check average salary:
Jobstreet
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Administrative Law
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Election law (how will u conduct
yourself)
Court:
Regional Trial Court
Court of Appeals
Supreme Court
Syllabus: Discuss Legal System
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Dury System - America
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Adversarial - PH (Judicial
system)
Decide: Judge
Lawyer ng Victim: Public Prosecutor
Kumuha Lawyer: Private Prosecutor
Wala lawyer: Public Attorneys Office (PAO)
PAO vs Piskal = Judge decision
If filling for case:
Civil Case: For damages
Criminal: If imprisonment
September 2, 2023
The law may be harsh but it is the law
Civil Code = Spanish civil code
Alternative obligation
Articfle 1199 - a person…
Talks about diff prestation
Multiple prestation
Instant na isa lang yung bound mangyari
What if mawala yung isa sa tatlo
Article 1200 - the right of chjoice belongs to the
debtor
Silent question - debtor may chojice
Tv cellphone gadget
Cars
House and lot
Illegal drugs
Article 1201 - the choice shall produce no effect
Assuming thedebtor has the right of choice
This choicee will not took effect—
Communicate it with him
Articler 1202 - the debtor shall use the right of
choice—
House and lot car motor
2 of gthis isnabaha car and motor — no choice
but to deliver house
No choice it willbea simple obligation
1203
Debtor has the right of choice
Three prestation
House and lot car and motor
Fortiuoitous event
2 naluboig sa baha, car n motor
To deliverhouse and motor
Debtor cannot be held liable
What if all of gthe three will be lost?
It will be extinguished
Generic thing = it will never perished
Correlate the previous law to this provision
Lost to the fault of debtor he will be liable bcs
alam na niya
Articlr 1203
3 automobile
sedan, suv, motr
Nadamage dalawa
In that scenario the debot has the right to
resiged the contract
Oblicon was craftyed for laymans
Mas madali
1204 - through the fault of the debtor
Nawala prestation bcs of debtot
What will happn to creditor
Hew has the rights na makahingi ng danyos
If ever mawala lahat through the fault of debtor
1204 - pay another damages
Moral damages - anxiety, sleepless nights,
kahihiyan
Civil cases - acce[tance fee 50k
Criminal - 60 or 70
Regional trial court
Court pf appeal
Supreme vourt - final
Principle of standecisive
Article 1205- right of choice belongs to the
creditor
Expressly given to the creditor
Shall — communication is the key
If you will not communicate the choice the other
party
Article 1206 - facultative obligation
U are obliged to pay 1m pesos as a substitue
sabi niya i will just deliver a car
Debtor has the right of choice
General rule if silent the choice will be to debtor
But in the facultative the right of chjoice belongs
to the creditor
Isa prestation - facultative is simple but
Alternative - multiple
What if yung substitue ang nawala will the
debtor will be lkiable? No
What if principal obligation ang nawala? Not with
the fault of the debtor it will be extinguished
1207
Insolvent mataas liab kesa asset
A
B
C
Solidary creditor - kanya kanya kaso pra
mahabol amount, if favorable sa lahat
madadamay ACT OF ONE IS AN ACT OF ALL
Joint creditor - kapag nag demand isa sa utang
hindi madadamay yung dalawa, pag favorable
hindi madadamay
Reimburse kay bc
Solidaary obligation is never presumed
How much will ——
Article 1226
Obligation w a penal clause
AN INTEREST MUSTBE IN WRITING
1227
There might be an obligation without a contract
But in all contract there is an underlying
obligation
Neither can the creditor demand
1228
proof of—
Di na need magpakita ni creditor ng damage
Medico legal but in penal clause di na need
magpakita ng evidence
1229
The jduge—
1230
Accessory always follow the principal