Law Summary
Law Summary
Law Summary
observance and benefits Classifications of law Laws created by God Laws promulgated by man to regulate human relations Human laws ANSWERS: LAW
- DIVINE LAW - HUMAN LAW DIVINE LAW HUMAN LAW - GENERAL OR PUBLIC LAW - INDIVIDUAL OR PRIVATE LAW GENERAL OR PUBLIC LAW - POLITICAL LAW - CONSTITUTIONAL LAW - ADMINISTRATIVE LAW - INTERNATIONAL LAW - CRIMINAL LAW POLITICAL LAW
Those which govern the relationship between the State and the People General or public laws
Public law that deals with the organization and operation of the governmental organs of the State with the inhabitants of its territory The fundamental law of every nation Public law that fixes the organization and determines the competence of the authorities that execute the law, and indicates to the individual remedies for the violation of his rights Consists of those rules and principles that govern the relations and dealing of nations with each other Guarantees the coercive power of law so that it will be 0beyed Those laws which governs the private relation of persons Individual or Private laws
INTERNATIONAL LAW
CRIMINAL LAW INDIVIDUAL OR PRIVATE LAW - CIVIL LAW - COMMERCIAL LAW - PROCEDURAL LAW OR REMEDIAL LAW CIVIL LAW - THE NEW CIVIL CODE OF THE PHILIPPINES - SPECIAL LAWS OR STATUTES, PRESIDENTIAL DECREES, AND OTHER SOCIAL LEGISLATIONS - JURISPRUDENCE - CUSTOMS AND TRADITIONS - CODE COMMISSION THE NEW CIVIL CODE OF THE
Regulates the relations of individuals and other individuals for purely private interests
relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things and civil acts Cannot be considered as an independent source of law, but the courts interpretation of a statute constitutes part of the law as of the date it was originally passed since the courts construction merely establishes contemporaneous legislative intent that the interpreted law carried into effect QUESTIONS: Is the judicial rule that results from a constant and continued uniform practice by the members of a social community The whole body of laws and jurisprudence which regulates and governs the special relations, rights and obligations of persons engaged in commerce, trade or mercantile pursuits as commercial transactions Is an office in charge of registration of merchants, business association, vessels and documents of commercial Different commercial registries
PHILIPPINES
JURISPRUDENCE
ANSWERS: CUSTOMS
COMMERCIAL LAW
COMMERCIAL REGISTRY
For individual merchants domiciled in the City of Manila For partnership with a capital of 3,000 Php or more and for corporation For vessels whose home ports is other than Manila For individual merchants in the province For patents and industrial campaign QUESTIONS: Books required to be kept under the Code of Commerce
- BUREAU OF COMMERCE - SECURITIES AND EXCHANGE COMMISSION - BUREAU OF CUSTOMS - OFFICE OF THE COLLECTOR OF CUSTOMS - REGISTER OF DEEDS - PHILIPPINE PATENT OFFICE BUREAU OF COMMERCE SECURITIES AND EXCHANGE COMMISSION OFFICE OF THE COLLECTOR OF CUSTOMS REGISTER OF DEEDS
That branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion Remedial laws
Affords a remedy in favor of the state against the individual, like criminal procedure, or in favor of the individual against the State, like Habeas corpus Affords a remedy in favor of an individual against another individual, like civil procedure Origins of laws
Sumakwel Code, Kalantiaw Code Civil Laws Common Laws Sources of Laws
- ANCIENT LAWS - SPAIN - USA ANCIENT LAWS SPAIN USA - LEGISLATION - PRECEDENTS - CUSTOMS - INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS - ENACTMENTS OF CONGRESS - CONSTITUTION OF THE PHILIPPINES - PRESIDENTIAL DECREES, EXECUTIVE ORDERS AND OTHER PRESIDENTIAL ISSUANCES - DEPARTMENT ORDERS AND CIRCULARS - DECISIONS OF THE COURTS - MEMORANDUM CIRCULARS OF THE NTC
The Radio Regulatory Office A History Under the telegraph division of the Bureau of Post; The first Radio Regulatory Office in
the Philippines; Enforced the provisions of Act # 3396 Ship Radio Station Law in December 05, 1927 Of the Bureau of Post under the Department of Commerce and Communication; Enforced the provisions of Act # 3846 Radio Control Law of the Philippines in November 11, 1931 Created the Department of National Defense in 1939 Created the Department of Commerce and Industry in 1947 Transferred the Radio Control Division and the Radio Control Board to the Department of Public Works and Communication in January 01, 1951 Abolished the Radio Control Board in 1956 Replaced the Radio Control Division under Department Order # 51 in August 23, 1962 Replaced the Radio Control Office under the Integrated Reorganization Plan of 1972 in July 01, 1974 The very first quasi-judicial body with adjudicatory powers on matters involving telecommunication services created under the Integrated Reorganization Plan of 1972 The National Telecommunications Commission Abolished the Telecommunications Control Bureau and the Board of Communications whose functions were integrated through the creation of the National Telecommunications Commission in July 23, 1979; Composed of 1 Commissioner and 2 Deputy Commissioner preferably a Lawyer and an Economist; Created as well as the Ministry of Transportation and Communications General Rules and Regulations governing the Construction, Installation, Establishment or Operation of Radio Stations and Possession or Ownership, Construction or Manufacture, Purchase, Sale and Transfer of Transmitters or Transceivers in the Philippines in July 23, 1979 Permits being issued by the National Telecommunications Commission
BOARD OF COMMUNICATIONS
DEPARTMENT ORDER # 11
- PERMIT TO POSSES - PERMIT TO OWN - PERMIT TO TRANSFER - DEALERS PERMIT - PURCHASE PERMIT - PERMIT TO IMPORT - CONSTRUCTION PERMIT - PERMIT TO SELL - PERMIT TO PURCHASE, SELL, SUPPLY OR GRIND
TRANSMITTER CRYSTAL - DEALERS PERMIT OR MANUFACTURERS PERMIT FOR TRANSMITTER CRYSTAL - PERMIT FOR MOVEMENT OR TRANSPORT OF COMMUNICATIONS EQUIPMENT - PERMIT TO DEMONSTRATE / PROPAGATE - RADIO COMMUNICATION EQUIPMENT DEALER PERMIT - RADIO COMMUNICATION EQUIPMENT MANUFACTURER PERMIT
PERMIT TO IMPORT
ANSWERS: CONSTRUCTION PERMIT PERMIT TO DEMONSTRATE / PROPAGATE - RADIO COMMUNICATION EQUIPMENT DEALER PERMIT - RADIO COMMUNICATION EQUIPMENT MANUFACTURER PERMIT - RADIO COMMUNICATION EQUIPMENT SERVICE CENTER PERMIT EXECUTIVE ORDER # 125
Reorganization Act of the Ministry of Transportation and Communications in January 30, 1987 Creation of the Department of Transportation and Communications in April 13, 1987 The Radio Control Law of the Philippines Act # 3846 General Classification of Radio Stations Required of Franchise as per Section # 1 in November 11, 1931
- A RADIO TRANSMITTING STATION FOR COMMERCIAL PURPOSES - A RADIO RECEIVING STATION FOR COMMERCIAL PURPOSES - A RADIO BROADCASTING STATION - AMATEUR STATION - EXPERIMENTAL STATION - TRAINING STATION - MOBILE RADIO STATION - A PRIVATE STATION IN A PLACE SO OUT LYING AND SO
REMOTE - BROADCASTING STATIONS ESTABLISHED/OPERATING ON OR BEFORE NOVEMBER 11, 1939 - PHILIPPINE GOVERNMENT RADIO STATIONS - RADIO STATIONS IN US MILITARY BASES - CITIZENS RADIO STATIONS
Franchise to be or to exist as a corporation Rights and privileges conferred upon existing corporation or entities to use public property for their private business Requisites or Conditions for the grant of a Franchise
- PRIMARY OR CORPORATE FRANCHISE - SECONDARY OR SPECIAL FRANCHISE PRIMARY OR CORPORATE FRANCHISE SECONDARY OR SPECIAL FRANCHISE - GRANTEE MUST BE FILIPINO CITIZEN OR AN AT LEAST 60% FILIPINO OWNED CORPORATION OR ASSOCIATION - THE FRANCHISE MUST NOT BE EXCLUSIVE IN NATURE - FRANCHISE SHALL NOT BE GRANTED LONGER THAN 50 YEARS - FRANCHISE SHALL BE SUBJECTED TO AMENDMENT, ALTERATION OR REPEAL BY THE PHILIPPINE CONGRESS WHEN PUBLIC INTEREST SO REQUIRES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY CERTIFICATE OF PUBLIC CONVENIENCE
A regulator measure which constitutes the franchisees authority to commence operation issued by the NTC Any authorization to operate a public service issued by the NTC for which no franchise either municipal or legislative is required
A certificate or written authority issued by the NTC to a person, firm, company, association or corporation authorizing the whole or thereof to operate a radio station during a period specified in the said instrument or authorization; With three years maximum effectivity and renewable sixty days before the expiration date; Otherwise 50% surcharge shall be prescribed for renewal within 180 days beyond its expiration date; Otherwise 100% surcharge shall be prescribed for renewal within 180 days beyond its expiration date QUESTIONS: Radio Frequency Spectrum
Review, Allocations and Assignment of Frequency Spectrum Users Fees Wireless Local Loop Frequency Allocation Ship and Land Radio Station Law Act # 3396 Requires the installation of radio apparatus for all vessels weighing 350 tons gross or over but, exempts those that travel not greater than 60 miles point to point in less than 5 hours; Every equipment shall be inspected by the NTC once every six months; Strict enforcement of such provisions is the duty of the Custom Commissioner; Fine of not less than P 50.00 nor more than P 2,000.00 imposed upon ship owner and suspension of the license of the master of the vessel for any violations of the provisions of Act # 3396 Equipment for Ship Stations Flying Domestic Routes Law; Amended Act # 3396 by requiring all vessels to have to have radio facility even if it travels less than 60 miles in less than 5 hours Safety of Life at Sea Law Global Maritime Distress and Safety System Requirement for every vessel as well as Global Positioning System Philippine Low Power Ship Radiotelephone Service Law; The frequency must be crystal controlled with maximum power output of
ANSWERS: - NTC MEMORANDUM CIRCULAR # 3-3-96 - NTC MEMORANDUM CIRCULAR # 10-10-97 - NTC MEMORANDUM CIRCULAR # 1-1-97 NTC MEMORANDUM CIRCULAR # 3-3-96 NTC MEMORANDUM CIRCULAR # 10-10-97 NTC MEMORANDUM CIRCULAR 1-1-97
50 watts; Restricted radio telephone permit is issued to an at least 18 year old applicant operator Implementing guidelines for the issuance of Restricted Operators Certificate for Low Powered Ship QUESTIONS: Implementing guidelines for the issuance of Restricted Operators Certificate for Land Mobile Station; RLM Certificate issued for an at least 18 years old, do not require examination and maybe issued for maximum of 5 years renewable 30 days before expiration Rules and Regulations Governing Commercial Radio Operators; Radio operators certificate shall have maximum period of 3 years effectivity, renewable 30 days before expiration; Issued for at least 18 years of age Government Radio Operator Certificate; August 15, 1989 Unmanned Radio Stations; April 12, 1999 Radio Operators Certificate (License) ECE Graduates to take Regular Commercial Radiotelephone Operators Exam; August 23, 1989 General Operators Certificate; December 28, 1995 Guidelines for the Issuance of Radio Electronic Certificate Guidelines for the Issuance of General Operators Certificate Rules , Regulations & Guidelines in the Implementation of STCW-95 Concerning Radio Personnel & Radio Training Schools offering GMDSS Radio-communication Courses Guidelines for the Issuance of Restricted Operators Certificate Restricted Radiotelephone Operators Certificate for Land Mobile stations Additional Guidelines in the conduct of Restricted Land Mobile (RLM) Seminars Rules and Regulations Governing Radio Training Schools in the Philippines Radio and TV Broadcasting Act # 3997 of 1932 Requires minimum of 6 hours daily for governmental news, information and education programs; Penalty of P 25.00 up
NTC MEMORANDUM CIRCULAR # 14-89 NTC MEMORANDUM CIRCULAR # 7-4-99 NTC MEMORANDUM CIRCULAR # 11-8-92 NTC MEMORANDUM CIRCULAR # 11-89 NTC MEMORANDUM CIRCULAR # 1-1-96 NTC MEMORANDUM CIRCULAR # 6-6-98 NTC MEMORANDUM CIRCULAR # 8-7-98 NTC MEMORANDUM CIRCULAR # 10-7-98
NTC MEMORANDUM CIRCULAR # 9-7-98 NTC MEMORANDUM CIRCULAR # 70885-A NTC MEMORANDUM CIRCULAR # 10-12-95 DEPARTMENT ORDER # 7
to P200.00 for each offense; Repeal Act # 3338 in December 7, 1926; Further enhanced and kept updated by the KBP Standards with incumbent President Ruperto Nicdao QUESTIONS: Non-commercial stations are exempted from accruing franchise in February 26,1981 Regulating the ownership & operation of radio & TV stations for other purposes; No persone or corporation may own, operate or manage more than 1 radio or TV station in 1 municipality or city, nor more than 5 AM or 5 FM radio stations, nor more than 5 TV channels in the entire country, and no radio or TV station shall be utilized by any single interest group to discriminate information or otherwise influence the public or the government to serve or support the ends of such group; Penalties for any violation of this decree shall be 5 months to 6 years imprisonment and the payment of a fine of P 1,000.00 P 10,000.00 or both; Penalty of reclusion perpetua to death shall also be imposed upon any person having control and management of XXX broadcast of TV facilities, or any propaganda assaults against the government; All broadcast stations are required as well to submit financial report on or before March 01 every year The playing of at least 4 Filipino Music every clock hour of a program; P 100.00 fine per violation or may, after due to hearing, suspend or cancel the certificate of registration and authority to operate Regulating the Operation of Cable Antenna Television (CATV) Systems in the Philippines in June 30, 1987; A certificate of authority to operate a cable antenna television (CATV) system shall be granted for maximum of 15 years renewable for similar period; Station license for cable TV head end station shall be issued for a perod of at least 1 year or not exceeding 3 years; A minimum of P 1.5 M capital requirement for cable TV operation with 500 or more target subscribers on its first year of operation Policy Guidelines to Govern the Operation of Cable Televisions in September 9, 1997 Television or CATV Cinematographic Works or Programs in September 20, 1997; Issued by the Movie Television Review and Classification Board (MTRCB) and the
Videogram Regulatory Board (VRB) Created the Videogram Regulatory Board Rules and Regulations Relative to COMELEC Time 1987 Philippine Constitution, Art. XVI Sec. # 11; Broadcast code of the Philippines Childrens Television Law in October 28, 1997; Children was defined as all persons below 18 years old; National Council for Childrens Television (NCCT) composed of 5 members with the term of 3 years; Require a minimum of 15% of the daily total airtime for each broadcasting network shall be allotted for child friendly shows; The regulatory body may suspend, revoke or cancel the license to operate of television found violating any provisions of this Act Satellite Television Receive Only Station (TVRO); P 5,000.00 one time registration fee for all; P 2,000.00 annual license fee for commercial TVRO; Penalty of not more than P 2,000.00 for individual violators and not more than P 5,000.00 for company or corporation Satellite Communications 1987 Philippine Constitution Recognizes the indispensable role of the private sector Prohibition of monopolies and unfair competition Balanced flow of information into, out of and across the country QUESTIONS: Domestic Satellite Communication Policy Guidelines on the Domestic Satellite Communication Policy; TVRO license must be renewed 60 days before expiration International Satellite Communication Policy in July 1, 1994 Guidelines on International Satellite Communication in October 17, 1994; P 1,200.00 radio station license every year Implementing Guidelines on International Satellite Communication National Policy on the operation and use of international satellite in the Philippine in March 17, 1998 Global Mobile Personal Communications by Satellite (GMPCS) Policy in February 17, 1998 Global Mobile Personal Communications Satellite (GMPCS) Policy Philcomsat as Additional accounting Authority
PRESIDENTIAL DECREE # 1987 COMELEC RESOLUTION # 2983 SECTION # 95 OF THE OMNIBUS ELECTION CODE
DOTC DEPARTMENT CIRCULAR # 98-01 NTC MEMORANDUM CIRCULAR # 5-3-99 NTC MEMORANDUM CIRCULAR # 8-6-96
Guidelines on the Procurement of Orbital Slots & Frequency Registration of Philippine Satellites; Filing fee for application for satellite orbital slots P 100,000.00 The Radio Services Law Citizen Band Radio Service Law in November 20, 1979; Each member must be at least 18 years of age and a minimum of 25 members each group; Station license or operators permit shall be granted for maximum of 2 years; Frequencies from 26.965 27.405 Mhz with 0.005% authorized Civic Action Radio Network Personal Radio Service Government Personal Radio Service Short Range Radio Service Revised Amateur Radio Regulation Implementaton of the Revised Amateur Regulations The Philippine Telecommunications Establishing Basic Policies for the Telephone Industry in June 16, 1973; Limits the self financing plan to 50% maximum cost of the installed telephone line Amended the procedure in calculating the amount of Subscribers Self Financing Plan
NTC MEMORANDUM CIRCULAR # 12-8-92 NTC MEMORANDUM CIRCULAR # 11-21-88 NTC MEMORANDUM CIRCULAR # 12-26-88 NTC MEMORANDUM CIRCULAR # 7-6-98 DOTC MINISTRY CIRCULAR # 87-17 NTC MEMORANDUM CIRCULAR # 02-03-87
Created the Municipal Telephone Project Office (MTPO), with 10 years project lifespan; With a target of 1 public telephone per barangay; Inter exchange toll revenue share must be remitted to the LEC within 90 days from the receipt QUESTIONS: Mandates the rights of first option, where applicants was given 6 months; They must be existing as of February 28, 1990; They must submit letter of intent, plans & schedule of completion & commencement of operation to the MTPO on or before August 28, 1990; They must submit their franchise and other government permits to the MTPO on or before November 28, 1990 Implementing Guidelines of the Municipal Telephone Project
Rationalization of Local Exchange Telecommunications Service in September 30, 1991 Interconnection of Public Telecommunications Carriers Law in February 21, 1998; Interconnection agreement shall be negotiated and effected within 90 days through bilateral negotiations between parties involved subject to certain technical/operational and traffic settlement rules from the NTC, otherwise, the NTC shall decide base on its power as mandated by executive order # 546 Guidelines on the Interconnection of Public Telecommunications Carriers Local Exchange Carrier Service Law in July 12, 1993; Authorized IGF operators shall provide a minimum of 300 local exchange lines per international switch termination and 300,000 local exchange lines within 3 ears from the date of authority to install, operate and maintain LEC; At least 1 rural exchange line shall be provided for every 10 urban local exchange lines per CMTS; Authorized nationwide CMTS operators shall provide a minimum of 4 local exchange lines per CMTS subscriber line and 400,000 local exchange lines within 5 year for all regional CMTS operators; All Publice Telecommunications Service Providers must submit financial report to the NTC on or before March 30 each year
EXECUTIVE ORDER # 59
Guidelines on the Policy to Improve Local Exchange Carrier Service which defines in September 17, 1993: Urban as LESA with more than 1 per 100 inhabitants telephone density, Rural as LESA with less than or equal to 1 per 100 inhabitant telephone density, Unserved areas as LESA without local telephone exchange service, Underserved areas as LESA with less telephone density than the urban or when LEC cannot provide service to 90% of the applicants within 10 days from the date of application QUESTIONS: Minimum Paid-in Capital Required for a Company to engage in a particular Telecommunications Service
Shall install at least 57% of the obligated LEC lines within the first 2 years and must have paid-in capital of at least 30% of the investment required for the first 2 years of LEC project implementation; Year 0 must be 5%, Year 1 must be 10%, Year 2 must be 15% Shall install at least 50% of the obligated LEC lines within the first 2 ears and must have paid-in capital of at least 30% of the investment required for the first 2 years of LEC project implementation; Year 0 must be 5%, Year 1 must be 10%, Year 2 must be 15% Shall install at least 40% of the obligated LEC lines within the first 2 years and must have paid-in capital of at least 30% of the investment required for the first 2 years of LEC project implementation; Year 0 must be 5 %, Year 1 must be 10%, Year 2 must be 15% Cellular Mobile Radio System; Established rules and regulations for the authorization, establishment, installations, operations, and maintenance of cellular mobile radio system in the Philippines; Establish the technical requirements for the operation of cellular mobile radio systems; Provide the practical interconnection between cellular mobile radio system and local established telephone system Cellular Mobile Telephone System Guidelines for Cellular Mobile Telephone System Public Mobile Telephone Service Fundamental Numbering Plan in May 05, 1994 Amended Fundamental Numbering Plan in March 11, 1996 Public Telecommunications Policy Act of the Philippines; All telecommunications entities shall offer through stock exchanges 30% of its aggregate common stocks within 5 years from the date of effectivity of this act Implementing Guidelines for Public Telecommunications Policy Act of the Philippines Secrecy of Communications The Anti Wire Tapping Law in June 19, 1965; Penalty for any violators of this at shall be 6 months up to 2 years with accessory penalty of perpetual absolute
IGF OPERATORS
CMTS OPERATORS
DEPARTMENT CIRCULAR # 92-269 NTC MEMORANDUM CIRCULAR # 20-12-92 NTC MEMORANDUM CIRCULAR # 9-10-97 NTC MEMORANDUM CIRCULAR # 11-5-94 NTC MEMORANDUM CIRCULAR # 11-5-94A REPUBLIC ACT # 7926
disqualification from public office, or deportation proceedings for alien The Privacy of Communications & Illegal Wire-Tapping & Eves Dropping Violation in November 16, 1972; The result of Proclamation #1081, Declaration of Martial Law on September 21, 1972 Law on Unauthorized Telephone connections; Penalty for unauthorized installation, stealing or pilfering of telephone wires, possession of stolen or pilfered telephone wires shall be prison correccional in its minimum period of 6 months & 1 day to 2 years & 4 months or a fine of P 2,000.00 to P 6,000.00; The Electronic Commerce The Electronics Commerce Act in June 14, 2000; Penalty for hacking or cracking shall be 6 months up to 3 years and a fine of P 100,000.00 to a maximum commensurate to the damage incurred; Penalty for piracy of copyrighted works shall also be 6 months up to 3 years and a fine of P 100,000.00 to a maximum commensurate to the damage incurred; Other violations of this act shall be penalized up to maximum of P 1,000,000.00 and 6 years imprisonment QUESTIONS: Rules on Electronic Evidence in August 01, 2001 The Consumers Act The Bouncing Check Law in April 03, 1979 Intellectual Property Code of the Philippines in January 1, 1998; The constitution recognizes and protects the exclusive rights of scientist and inventors to their discoveries and inventions, authors and artists and other gifted citizens to their writings, arts and other intellectual property and creations, in order that they may enjoy whatever precautionary benefits and reputations that may gain from works of their creation particularly when beneficial to the people; It directs that this right to exclusiveness be secured only for such period that may be provided by law Original creative works that have economic value and are protected by law Reward the creators of original works by preventing others from copying, performing or distributing those works without permission; They also provide incentives for people to produce scientific and creative works that benefit society at large Forms of Intellectual Property
PRESIDENTIAL DECREE # 55
- TRADEMARK
- PATENT - COPYRIGHT Any work or symbol used by manufacturers or sellers to identify their goods and distinguish them from the goods of others A legal document granted by the government giving an inventor the exclusive right to make use and sell all invention for a specific number of years (normally,20 years) Branch of law granting authors the exclusive privilege to reproduce, distribute, perform or display their creative works Obligations and Contracts The New Civil Code Person and Family Relations (majority of the provisions are now repealed by the Family Code) Property, Ownership and its Modifications Different Modes of Acquiring Ownership Obligations and Contracts A juridical necessity to give, to do, or not to do Considered as real obligation because it requires the giving or delivery of a physical thing by one party to another Considered as personal positive obligation, that is, to do something Considered as personal negative obligation because the obligation consists in not doing of something It means that the right and duties arising from obligations are legally demandable and the courts of justice may be called upon, through proper action, to order their performance Essential Requisites of Obligation TRADEMARK PATENT
COPYRIGHT
TO GIVE TO DO NOT TO DO
JURIDICAL NECESSITY
Creditor or Obligee Debtor or Obligator Legal Tie or Link Person who has the right to demand the performance or fulfillment of the obligation QUESTIONS: Person who has the duty to perform or fulfill the obligation That which binds the parties to an obligation; The efficient cause or the reason why the obligation exits The object or subject matter of the obligation which may consist in the act of giving, doing or of not doing of something Sources of Obligations
- ACTIVE SUBJECT - PASSIVE SUBJECT - JURIDICAL TIE OR VINCULUM - PRESTATION ACTIVE SUBJECT PASSIVE SUBJECT JURIDICAL TIE OR VINCULUM
CREDITOR OR OBLIGEE
ANSWERS: DEBTOR OR OBLIGATOR JURIDICAL TIE OR LINK
Kinds of Quasi-contract
- ACTS OR OMISSIONS PUNISHED BY LAW - QUASI-DELICTS - NEGOTIORUM GESTIO - SOLUTIO INDEBITI (PAYMENT BY MISTAKE) NEGOTIORUM GESTIO
Voluntary management or administration by a person of the abandoned business or property of another without any authority or power from the latter Is the juridical relation which arises when a person is obliged to return something received by him through error or mistake Different Kinds of Obligation
SOLUTIO INDEBITI (PAYMENT BY MISTAKE) - PURE AND CONDITIONAL OBLIGATIONS - OBLIGATIONS WITH A PERIOD - ALTERNATIVE AND FACULTATIVE OBLIGATIONS - JOINT AND SOLIDARY OBLIGATIONS - DIVISIBLE AND INDIVISIBLE OBLIGATIONS - OBLIGATIONS WITH A PENAL CLAUSE PURE OBLIGATION
Is one whose performance or fulfillment does not depend on a period or a future or uncertain events, or a past event unknown to the parties and is therefore immediately demandable Contract The meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service Elements of a contract
CONTRACT
Those elements without which there can be no valid contract; These elements are consent of the contracting parties, object or subject matter and cause or consideration Those which are found in the contract because of its nature and are presumed by law to exist such as warranty against eviction in a contract of sale Those elements which exit only by virtue of the agreement of the parties for the purpose of limiting or modifying the effects of the contract; Examples are condition, clauses, terms and modes of payment Stages of a contract
NATURAL ELEMENTS
ACCIDENTAL ELEMENTS
- PREPARATION OR CONCEPTION
- PERFECTION OR BIRTH
- CONSUMMATION OR TERMINATION
QUESTIONS: This is the initial stage which includes all the preparatory of preliminary steps or processes for the formation of the contract such as bargaining, negotiation and the like in order to arrive at a definitive agreement In this stage, the parties have at last arrived at a definite agreement as to the subject matter or object, cause or consideration, and terms and conditions; There is now a meeting of the minds between the contracting parties This is the ultimate or final stage of the contract wherein the terms and conditions of the contract are fully performed or complied with; The contract may be said to have been fully terminated or executed Classification of a contract as to dependence or relation to other contracts Those which can stand alone and is not dependent to any other contract Those whose existence depends upon another contract Those which must necessarily be created beforehand in order that the future transaction or contracts may be entered into the parties Classification of a contract as to perfection One which is perfected by the mere consent of the contracting parties One which is perfected, aside from the consent of the contracting parties, by the delivery of the object or subject matter Classification of a contract according to name or designation One which has a particular name or special designation in the law One which has no special name or designation Classification of a contract according the nature of the obligation Where only one of the parties to the contract has an obligation to perform Where both parties to the contract have reciprocal obligations to perform Classification of a contract according to
ANSWERS:
CONSUMMATION OR TERMINATION
PREPARATORY
REAL CONTRACT - NOMINATE - INNOMINATE NOMINATE INNOMINATE - UNILATERAL - BILATERAL UNILATERAL BILATERAL - ONEROUS
burden imposed One which imposes valuable consideration upon the parties One in which one of the parties does not receive any valuable consideration Classification of a contract according to the risk involved One where there is an exchange of values between the contracting parties One in which the fulfillment of the obligation depends upon chance Classification of a contract according to its fulfillment Those contracts which are completed at the time it is entered into Those where the prestation are to be complied with at some future time Classification of a contract as to form By word of mouth of the parties The agreement is reduced in writing which maybe in public or private document The four kinds of innominate contracts
- GRATUITOUS ONEROUS GRATUITOUS - COMMUTATIVE - ALEATORY COMMUTATIVE ALEATORY - EXECUTED - EXECUTORY EXECUTED EXECUTORY - ORAL - WRITTEN ORAL WRITTEN - DU UI DES - DO UT FACIA - FACIO UT DES
- FACIO UT FACIA
QUESTIONS: I give that you give I give that you do I do that you give I do that you do Requisites of a contract ANSWERS: DO UI DES DO UT FACIA FACIO UT DES FACIO UT FACIA - CONSENT OF THE CONTRACTING PARTIES - OBJECT CERTAIN - CAUSE OF THE OBLIGATION OBJECT CERTAIN CAUSE OF THE OBLIGATION
The subject matter of the contract The one which is established Is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract; The offer must be certain and the acceptance absolute; A qualified acceptance constitutes a counter-offer; Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge; The contract, in such a case, is presumed to have been entered into the place where the offer was made
CONSENT
Requisites of consent
- LEGAL CAPACITY OF THE CONTRACTING PARTIES - THE CONSENT MUST BE INTELLIGENTLY FREE AND VOLUNTARILY GIVEN
Kinds of acceptance In writing or by word of mouth (oral) If through the acts, conducts or omissions of the offeree it can be inferred that he accepts to offer; Thus, if after the offer is made, the offeree takes possession of the object being offered Grounds when offer becomes ineffective
- THE INTENTION TO BOUND AS MANIFESTED BY THE CONCURRENCE OF THE OFFER AD THE ACCEPTANCE UPON THE THING - EXPRESS - IMPLIED EXPRESS IMPLIED
Extinguishes civil personality Bars a person for doing some civil acts; Is an accessory penalty resulting from a conviction of a crime Person is deprived of reason, hence, he cannot be held mentally responsible for his acts A person is not financially capable to meet his obligations as they mature Persons who cannot give consent
INSANITY
INSOLVENCY - UNEMANCIPATED MINORS - INSANE OR DEMENTED PERSONS - DEAF-MUTES WHO DO NOT KNOW HOW TO WRITE - MISTAKE - VIOLENCE - INTIMIDATION - UNDUE INFLUENCE - FRAUD
Is an act or omission arising from ignorance or misconception which may, depending upon its character or the circumstances surrounding it, justify rescission of a contract
MISTAKE
ANSWERS: - THINGS THAT ARE OUTSIDE THE COMMERCE OF MEN - INTRANSMISSBLE RIGHTS - FUTURE INHERITANCE, EXCEPT IN CASES EXPRESSLY AUTHORIZED BY LAW - IMPOSSIBLE THINGS OR SERVICES - SERVICES WHICH ARE CONTRARY TO LAW, GOOD CUSTOMS, PUBLIC ORDER OR PUBLIC POLICY
In onerous contracts, for each contracting party, the prestation or promise of a thing or service by the other; In remuneratory ones, the service or benefit which is remunerated; In contracts of pure beneficiaries, the merely liberality of the benefactor Is the essential or impelling reason why the parties enter into a contract; It is the immediate, direct and proximate reason which justifies the creation of an obligation through the will of the contracting parties Is an inner reaction of a person that impels him to enter into a contract but over which the law has no concern Is an inadequacy of cause brought about by insufficient price for a thing sold Is the re-writing of a contract, under equitable principles, in cases where the written terms of the contract do not express what was actually agreed upon; It is that remedy inequity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed Different classifications of defective contracts
CAUSE
MOTIVE
LESION REFORMATION
Is an act or means by virtue of which efficacy is given to a contract which suffers from a vice of curable nullity Damages may be
- RESCISSIBLE CONTRACE - VOIDABLE OR ANNUAL CONRACTS - UNENFORCEABLE CONTRACTS - VOID OR INEXISTENT CONTRACT RATIFICATION
Include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feeling, moral shock, social humiliation and similar injury Are adjudicated in order that a right of the plaintiff, which may be violated or invade
- ACTUAL OR COMPENSATORY - MORAL - NOMINAL - TEMPERATE - LIQUIDATED - EXEMPLARY OR CORRECTIVE MORAL DAMAGES
NOMINAL DAMAGES
by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him Which are more than nominal but less than TEMPERATE OR MODERATE compensatory damages; May be recovered DAMAGES when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty ANSWERS: QUESTIONS: Are those agreed upon by the parties to a LIQUIDATED DAMAGES contract, to be paid in case of breach thereof Are imposed, by way of example or EXEMPLARY OR CORRECTIVE correction for the public good, in addition to DAMAGES the moral, temperate, liquidated or compensatory damage The Professional Regulation Commission & the Professionals Created by the Professional Regulations PRESIDENTIAL DECREE # 223 Commission PRC Modernization Act of 2000 in December REPUBLIC ACT # 8981 5; Composed of 1 chairperson and 2 commissioners, all appointed by the President with a term of 7 years; Apppointees must be at least 40 ears old, a competent professional with at least 5 years executive experience Penalties for manipulation and corrupt practice in violation of Republic Act # 8981 for Manipulators Penalties for manipulation and corrupt practice in violation of Republic Act # 8981 for Accomplices Penalties for manipulations and corrupt practice in violation of Republic Act # 8981 for Accessories Penalties for manipulations and corrupt practice in violation of Republic Act # 8981 for Government/Private Agencies Officer Delisting of Delinquent Professionals form the roster for not being a good standing member Delisting of Delinquent Professionals form the roster for not being a good standing member in December 1991 Laws of ECE Professionals Electronics Engineering Law of 2004 (April 17, 2004) The Electronics and Communications 6 YEARS & 1 DAY TO 12 YEARS IMPRISONMENT OR P 50,000.00 TO P 100,000.00 FINE OR BOTH 4 YEARS & 1 DAY TO 6 YEARS IMPRISONMENT OR P 20,000.00 TO P 49,000.00 FINE OR BOTH 2 YEARS & 1 DAY TO 4 YEARS IMPRISONMENT OR P 5,000.00 TO P 19,000.00 FINE OR BOTH 6 MONTHS & 1 DAY TO 6 YEARS IMPRISONMENT OR P 50,000.00 TO P 500,000.00 FINE OR BOTH PRC RESOLUTION # 428, S. 1996 EXECUTIVE ORDER # 496
Engineering Law of the Philippines (June 21, 1969) Rules and Regulations requiring the service of a duly Registered ECE in the Planning and Designing of Radio Stations, Installation or Construction of Radio Stations, Operation and Maintenance of Radio Station, Manufacture and/or Modification of Radio Communications Equipment (December 28, 1973) The Public Service Law Continuing Professional Education (CPE) in July 25, 1995; Refers to the inculcation, assimilation and acquisition of knowledge, skills, proficiency and ethical and moral values to raise and enhance the professional level of performance; A mandatory requirement for the renewal of professional license Matrix of CPE Programs, Activities or Sources (March 04, 1997 Electronics and Communications Engineering Law of the Philippines; By the 6th Congress of the Philippines, 4th Session; Begun in Manila on Monday, 27th January 1969; Enacted both by the Senate and the House of Representatives on May 22, 1969; Approved into law by President Ferdinand Edralin Marcos on June 21, 1969 At least 21 years old; Filipino citizen or a foreigner qualified under section 23 Foreign Reciprocity Law; Of good moral character; Holder of BSECE degree or its equivalent QUESTIONS: Scope of Examination
DEPARTMENT ORDER # 88
Citizen/resident of the Philippines; At least 31 years of age; Good Moral Character; A registered ECE; In active practice of ECE occupation for at least 10 years; Not a member of ECE faculty of any school or has stopped teaching for at least 3 consecutive years; Not financially interested directly or indirectly in any school/institution where ECE is taught Administer the Provision of R.A. # 5734; Administer Oaths; Issue, suspend or revoke certificate of registration; Study the conditions affecting the ECE profession; Study, examine and prescribe, in cooperation with CHED, the essential
requirements as to the curricula and facilities of ECE schools; Recommend to CHED the granting of school permits or authorization of opening of ECE schools; Investigate violations of R.A. 5734; Establish and administer a code of ethics and fair practice for ECEs; Recommend and adopt measure for the advancement of ECE profession in keeping the progress of the industry; Promulgate rules and regulations of R.A. 5734 Continued neglect of duty; Incompetence; Commission or tolerance or irregularities in the exam; Malpractice; Unprofessional or unethical conduct Unprofessional and unethical conduct; Malpractice; Incompetence; Where fraud, deceit or false statement was employed in obtaining the certificate of registration; Unsound mind; Immoral or dishonorable act; Conviction of a court of any crime involving moral turpitude Penal provisions (penalty) False or fraudulent statement obtaining certificate of registration; Use anothers license; Present or use a revoked/suspended license; Assume, use or advertise as ECE with no license; Stamp or seal any document with an expired, suspended or revoked certificate; Sign, affix, seal on plans or document prepared by another; Engage in illegal wire tapping or other violations in private communication; Violate any rules and regulations of R.A. 5734 Schedule of Examination Average rating in the examination Breakdown ratings in the examination
Number of days to get the result of examination 15 days upon publication; Effectively of new rules and regulations Showing the names, addresses and places of business of all ECEs shall be prepared by the secreteray of the Board; Issued every July of every year Electronics Engineering Law of 2004; By the 12th Congress of the Philippines, 3rd Session; Begun in Manila on Monday, 28th July 2004; Enacted both by the Senate and the House
- APRIL - NOVEMBER 70% - ELECTRONICS (35%) - COMMUNICATIONS (35%) - MATHEMATICS (30%) 2 TO 3 DAYS AFTER EXAMS OFFICIAL GAZETTE AND ROSTER OF ECES ROSTER OF ECES
of Representatives on February 2, 2004; Approved into law by President Gloria Macapagal Arroyo on April 17, 2004 QUESTIONS: At least 18 years old; Filipino citizen or a foreigner qualified under section 33 Foreign Reciprocity Law; Of good moral character; Holder of BSECE degree or its equivalent Scope of Examination
- MATHEMATICS - APPLIED SCIENCES - ENGINEERING ECONOMICS - LAWS AND ETHICS - ELECTRONICS - COMMUNICATIONS - COMPUTERS - INFORMATION AND COMMUNICATIONS TECHNOLOGY QUALIFICATIONS OF BOARD MEMBERS
Citizen/resident of the Philippines for at least 5 consecutive years prior to his/her appointment; OF good moral character and integrity; A member of good standing of the Accredited Professional Organization; In active practice of ECE occupation for at least 10 years prior to his appointment, either in self-practice, or employment in government service and/or in the private sector; Not financially interested directly or indirectly in any school/institution where ECE is taught; Not have been convicted of an offense involving moral turpitude Administer/implement the provisions of R.A.#9292; Administer Oaths in connection with the administration of this Act; Issue, suspend of revoke certificate of registration; Maintain a roster of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians; Issue, suspend and/or cancel special permits to foreign Professional Electronics Engineers, Electronics Engineers or Electronics Technicians; Prescribe, amend or revise the requirements for licensing of Professional Electronics Engineers; Adopt a program for the full computerization of licensure examinations; Grant registration without examination, subject to review and approval by the Commission in accordance with the provision of this Act; Study, examine and prescribe, in cooperation with CHED and TESDA the essential requirements as to the curricula and facilities of ECE schools;
Inspect educational institutions and recommend to CHED or TESDA the granting of permits or authorization, opening, improvement or upgrading or closure of such colleges or programs; Adopt and administer a Code of Ethics of Technical Standards of Practice for Professional Electronics Engineers, Electronics Engineers or Electronics Technicians; Promulgate rules and regulations of R.A.9292; Promulgate a program for continuing professional education and/or development; Prescribe a minimum manning and manpower requirements; ______, prescribe and adopt rules and regulations for electronics installations in industrial plats, commercial establishments and other building structures; Study the conditions affecting the Professional Electronics Engineers, Electronics Engineers and Electronics Technicians; Hear and decide violations of this Act; Delegate a hearting or investigation of administration cases filed before it to authorize officers of the Commission ; Promulgate resolutions, order and/or decisions on such administrative cases; Submit an annual action plan and corresponding report in the beginning and close of each fiscal year; Discharge as other powers and functions as the Board and the Commission may deem necessary for the practice of the profession and the upgrading enhancement, development and growth QUESTIONS: Neglect of duty; Incompetence; Manipulation of rigging of licensure examination result; Disclosure of secret information of licensure examination questions prior to the conduct of the said examination or tampering of the grades; Unprofessional of unethical conduct Unprofessional and unethical conduct; Malpractice; Incompetence; Where fraud, deceit or false statement was employed in obtaining the certificate of registration; Unsound mind; Immoral or dishonorable act; Conviction of a court of any crime involving moral turpitude Penal provisions (penalties)
P100,000.00FINEP1,000,0 00.00 AND/OR IMPRISONMENT OF NOT LES THAN 6 MONTHS NOR MORE THAN 6 YEARS OFFENSES FOR PENAL
certificate of registration; Use anothers license; Present or use a revoked/suspended license; Assume, use or advertise as ECE with no license; Stamp or seal any document with an expired, suspended or revoked certificate; Sign, affix, seal on plans or document prepared by another; Engage in illegal wire tapping or other violations in private communication; Violate rules and regulations of R.A. 9292 Schedule of Examination Ratings of Examination Number of days to get the result of examination Showing the names, addresses and places of business of al ECEs shall be prepared by the secretary of the Board; Issued every July of every year
PROVISIONS
- APRIL - NOVEMBER 70% IN ALL SUBJECTS 15 DAYS AFTER EXAMS ROSTER OF ECES
Code of Ethics Form a moral philosophy, which associated with mutual interest among men, constitutes the foundation of ethics The keystone of Professional conduct I am an Electronics and Communications Engineer. In my profession, I take a deep pride, but without vain glory; to it I owe solemn obligations that I am eager to fulfill As an Electronics and Communications Engineer, I will participate in none but honest and legal enterprises. To him who has engaged my services as employer or client, I will give the utmost of performance and fidelity. When needed, my skill and knowledge shall be given without reservation for the public good. From my special capacity springs the obligation to use it well in the service of humanity; and I accept the challenge that it implies Zealous of the high repute of my calling, I will strive to protect the interests and the good name of any engineer that I know to be deserving; but I will not shrink, should duty dictate, from disclosing the truth regarding anyone who, by unscrupulous act, has shown himself unworthy of the profession. As the other before me have vitalized and turned to practical account the principles of
science and the revelations of technology and have rendered useable to mankind natures vast resources of mater and energy, so do I dedicate myself to the analysis, synthesis, and dissemination of engineering knowledge and practice, and especially to the instruction of younger members of my profession in all its arts and traditions. To my colleagues I pledge, in the same full measure I asked of them, integrity and fair dealing, tolerance and respect, and devotion to the standards and the dignity of out profession, with the consciousness, always that out special expertise carries with it the obligation to serve humanity with complete dedication Additional Laws QUESTIONS: Prescribing Policies, Guidelines, Rules and Regulations for Government Infrastructure Contracts (June 11, 1978) Efficient Radio Frequency Availability Program (ERAP) (February 10, 2000) Guidelines on the Configuration of the Reserve Source or Sources of Energy used to Supply Radio Installation on GMDSS Ships (March 01, 2000) Guidelines on Annual Testing of 406 MHz Satellite Emergency Positioning indicating Radio Beacon (EPIRB) (March 01, 2000) Guidelines for the participation of Nonconvention Ships (less than 300 G.T.) in the Global Maritime Distress and Safety System (GMDS) (March 01, 2001) Rules and Regulations Governing Shore Based Maintenance (March 01, 2000) Form of Radio Certificate for Cargo Ships (March 01, 2000) Radio Frequency allocation for Cellular Mobile telephone Service (March 09, 2000) Extension/Modification of Previously Approved WLL frequency in the 3.5 GHz Band (March 09, 2000 Amendment to age qualification of an applicant to qualify for the Licensure Examination (April 14, 2000) Uniform System of Accounts (May 02, 2000) Billing of Telecommunications Services (June 16, 2000) Implementing Rules and Regulations (IRR) for the Interconnection of authorized Public Telecommunications (July 21, 2000)
NTC MEMORANDUM CIRCULAR # 7-3-2000 NTC MEMORANDUM CIRCULAR # 8-3-2000 NTC MEMORANDUM CIRCULAR # 9-3-2000 NTC MEMORANDUM CIRCULAR # 10-3-2000 NTC MEMORANDUM CIRCULAR # 11-4-2000 NTC MEMORANDUM CIRCULAR # 12-5-2000 NTC MEMORANDUM CIRCULAR # 13-6-2000 NTC MEMORANDUM CIRCULAR # 14-7-2000
Implementing rules and regulations governing the practice of ECE in the Philippines on MATV, CATV and CCTV. Paging and Background Music System, telephone and Installation Revision of the subjects in ECE Licensure Examination from original 8 subject 3 subjects QUESTIONS: Provides the necessary guidelines as to standards, regulations, requirements, installation operation, maintenance and application with the view to ensure adequate protection and safety to persons, engage and use of ECE components, devices, equipments, plants installation, services/facilities, installed in commercial, industrial, social and institutional buildings Ordering that the Philippine Electronics Code Vol. 1 become part of the National Building Code (P.D. # 1096) Provides rules and standards for the ECE industry in planning building telephone facilities geared towards the lowest possible costs, consistent with aesthetic and safe practices, and which result in min. maintenance, future re-arrangement cost and inconvenience
BECE RESOLUTION # 3
MEMORANDUM ORDER # 804 PHILIPPINE ELECTRONICS CODE VOL. 2 (BUILDING TELEPHONE FACILITIES)