問題一覧
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an injured person
plaintiff
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provides that every person with to give somethung is also obliged to take care of it
article 1163 of the civil code of the philippines
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failure of the party to fulfil hus duty is liable to damages
contravention of the tenor of the obligation
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failure to perform that which us incumbent upon him
contravention of the tenor of the obligation
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demand is necessary
no demand no delay
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the creditor cannot go to court to sue the debtor
no demand, no delay
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if the creditor did not demand for the performance the debtor is considered to be delay
no demand, no delay
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order for the debtor to be in default
-the obligation to be demandable and already liquidated -the debtor delays performance -the creditor requires/demanded the performance jusicially or extra judicially
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the non fulfillment of the obligation with the respect to time
delay
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consist in the omission of that diligence
negligence/ fault
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remedy of this fraud is to annul the contract plus damages
dolo causante
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fraud is committed at the very beginning
dolo causante
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serious enough to render a contract voidable
dolo causante
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annulment of contract is not a remedy
dolo incedente
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this kind of fraud will make the debtor liable for damages only
dolo incidente
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fraud committed of an obligatiin already existing because of contract
dolo incedente or incidental fraud
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two types of fraud
dolo incedente dolo causante
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is an act of deception
fraud
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prejudicing someone's rights
fraud
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false representation
fraud
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abuse of position
fraud
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sources of damages is under
article 1170
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sources of damages
fraud negligence or fault (culpa) delay contravention of the tenor of the obligation
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acts or omissions that cause damage to another
quasi-delict or tort
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to pay actual damages for causing the death of a person
delicts or crimes
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any person criminally liable is also civilly liable
delicts or crimes
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the obligation to be done by the culprit on his/he victim
delicts or crime
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as certain lawful, voluntaru and unilateral acts
quasi-contracts
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5 sources of obligations is under
article 1157 of the civil code of the philippines
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is a meeting of the minds
contract
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under this contract is a meeting of the minds
Article 1305
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obligations arise upin the agreement between two or more parties
contracts
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the taxpayers duty to pay taxes
law
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legal obligation is expressly implied by law
law
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5 sources of obligation
law contracts quasi-contract delicts or crimes quasi-delict or tort
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it is the legal relation betwee the debtor and the creditor
vinculum juris/juridical tie
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which bunds or connects the parties to the obligation
vinculum juris/juridical tie
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call it the efficient cause
vinculum juris/juridical tie
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as the juridical or legal tie
vinculum juris/juridical tie
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it may be an obligation to give, to do, or not to do
object/prestation
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conduct required to be observed by the debtor or the obligor
object/prestation
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object of the contract
object/prestation
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also called the obligor or the debtor
passive subject
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against whom the obligation can be demand
passive subject
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person bound to perform to pay
passive subject
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he is also called the oblige or creditor
active subject
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who has the right or power to demand
active subject
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four essential elements
active subject passive subject object vinculum juris
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debtor needs to satisfy
creditor
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duty of a person is to satisfy
debtor
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obligation derived from the word
obligatio
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to give to do or not to do
obligation
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obligation is a juridical necessity
article 1156
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up to 25% equity
-private recruitment weather to local or overseas employment -contracts for the construction of defense related structures
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foreigners may engage to advertising provided their equity is only
30%
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investment not allowed to foreigners
-mass media except recording -practice of profession -operation of private detective, watchmen, security guard agencies -manufacture of firecracker and other pyrotecnic devices -cooperatives
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foreign ownership is limited to a maximum of
40% equity
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shall mean a list of areas of economic activity
negative list
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in domestic market enterprises foreigners can invest as much as
100%
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foreign investment should be encouraged in enterprises
foreign investment act of 1991
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impressed with public interest
manila hotel
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manila hotel bore mute witness to the triumphs and failures
8 decades
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has become a landmark a living testimonial of philippine heritage
manila hotel
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refers not only to the natural resources of the philippines
national patrimony
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pertains to heritage
patrimony
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orders the state to give preference to qualify filipino even if a foreigner is more qualified
filipino first policy
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article VII filipino first policy
national economy and patrimony
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cannot stage a strike
department of tourism
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can form union but dont have right to strike
employees in the government
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available to workers in the philippine sector
right to strike
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means temporary stoppage of work
strike
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may join assist or form a separate union of their own
supervisory employees
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are not allowed to join or form union
managerial employees
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is these managerial employees would belong to or be affiliated with a union
article 225 labor code of the philippines
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is not only constitutional but also a statutory
private sector
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is not denied to government employees
right to self organization
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to form unions association source societies
article 3 section 8
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the right to travel can be impaired
-interest of national security -public safety -public health
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traveling from one place to another
the right to travel
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any person can also change his residence
liberty of abode
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the constitution guarantees the right of a person to establish his own residence
liberty of abode
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provision protects two rights
-the liberty of abode (home/residence) -the right to travel
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neither shall the right to travel be impaired
article 3, section 6
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the liberty of abode end of changing the same within the limits prescribed by law
article 3, section 6
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as rule, both personal and sensitive information
-there is a consent from the data subject or the person whose personal information is processed -is that processing of the information is provided by existing laws and regulations
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issues by government agencies peculiar to any individual
sensitive information
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about individuals health, education, genetic or sexual life of a person
sensitive information
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about the individuals race, ethnic origin, marital status
sensitive informations
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example of personal information
-full name -home addresses -telephone numbers -emails -bank account details
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when put together with other information would certainly identify an individual
personal information
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which the identity of an individual is apparent
personal information
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to any information whether recorded un a material form or not
personal information
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violations of the data privacy act
six years or fine up to 5 million pesos
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prohibited acts
-unauthorized processing of personal information and sensitive personal information -accessing personal information and sensitive personal information due to negligence -processing of personal information and personal sensitive personal information for unauthorized purposes -unauthorized access or intentional breach -malicious disclosure -unauthorized disclosure
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the data subject has the right to dispute the inaccuracy or error
the right to rectification
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the data subject shall have to the right to suspend
the right to erasure or blocking
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rights of data subject
-be informed whether personal information pertaining to him/her shall be, are being or have been processed -the right to object to the collection of data -the right to access of personal data -the right to rectification -the right to erasure or blocking
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paves the way for a sustainable free flow of information
the data privacy act
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that processes or gathers personal information
the data privacy act
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law ensures that the personal information are secured and protected
republic act no 10173 or the data privacy act of 2012