Reviewer: Classification of Banks

Based on the book Banking Laws and Jurisprudence by Efren L. Dizon and Efren Vincent M. Dizon.


Here's the DOWNLOAD LINK.


Corrections? Broken download link? Drop me a comment on the comment box below and I'll get to it soon.

Reviewer: Civil Code Preliminary Title

Sharing with you a reviewer on the Preliminary Title of the Civil Code of the Philippines, Book 1, encompassing the following topics:

• Effect and Application of Laws
• Human Relations

Just click on THIS DOWNLOAD LINK.

Hope this helps.

Broken link? Errata? Leave a message on the comment box below, and I'll get to it immediately.

Audio Codal: Negotiable Instruments Law Part 2

Sorry, it took forever. Here's the second part of the audio codal for the Negotiable Instruments Law.


Negotiable Instruments Law: Sections 24-40


Broken link? Just leave a comment and I'll have it fixed as soon as I can. :)

Reviewer: Obligations and Contracts

For those who are taking up Obligations and Contracts, I hope you find these helpful.


If you cannot download via the link, copy and paste the URL to the address bar of your browser window.


General Provisions [Introductory topics] - http://www.4shared.com/document/hKGdXFNX/OBLICON_Reviewer_-_Obligations.html


Natural Obligations and Estoppel - http://www.4shared.com/document/_mSARonG/Oblicon_Reviewer_-_Natural_Obl.html


Broken link?  Let me know by leaving a comment below, and I'll attend to it immediately.

Case Digest: Ferdinand Marcos, et. al. vs. Honorable Raul Manglapus

G.R. No. 88211

15 September 1989

En Banc

FACTS:

After President Marcos was deposed from presidency via the People Power Revolution, he and his family was forced into exile.  Now in his deathbed, the former President has signified his wish to return to the Philippines to die.  But President Aquino, considering the dire consequences on the nation on the return at a time when the stability of the government is threatened from various directions, stood firmly on the decision to bar the return of Mr. Marcos and his family.

ISSUE: 

Whether, in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines insofar as the powers enumerated under scope of the Executive are concerned.

RULING:

Although the 1987 Constitution imposes limitation on the exercise of the specific powers of the President, it maintains intact what is traditionally considered as within the scope of the “executive power.” Corollarily, the powers of the President cannot be said to be limited only to the specific powers enumerated in the Constitution.  Having sword to defend and uphold the Constitution, the President has the obligation under the Constitution to protect the people, promote their welfare and advance the national interest.  It must be borne in mind that the Constitution, aside from being an allocation of power is also a social contract whereby the people have surrendered their sovereign powers to the State for common good.  The State, through the Government, is not precluded from taking pre-emptive action against threats to its existence if, though still nascent, they are perceived as apt to become serious and direct.

Case Digest: Ulpiano Sarmiento III and Juanito G. Arcialla vs. Salvador Mison and Guillermo Carague

No. L-79974        December 17, 1987

En Banc

FACTS:

When Salvador Mison was appointed to the Office of the Commissioner of Bureau of Customs, this petition for prohibition filed by taxpayers, lawyers, members of the IBP and professors of Constitutional was filed on the grounds that said appointment is in violation of Section 16, Article VII of the 1987 Constitution for it was not approved by the Commission on Appointments.

ISSUE:  Whether said appointment is indeed unconstitutional basing on Section 16, Article VII.

RULING:

Mison’s appointment is constitutional.  Sec. 16, Article VII states that:

“Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. x x x”

It is clear that the first group shall need the confirmation of the CoA.  Also, it can be seen from reviewing the records of deliberation of the 1986 Constitutional Commission that it has been clearly stated that appointments to the second and third groups of officers can be made by the President without the confirmation of the CoA.  In the issue at hand, it is evident that the position of Commissioner of the Bureau of Customs (a bureau head) is not one of those within the first group of appointments where the consent of the CoA is required. 

Furthermore, the President is expressly authorized by law to appoint the Commissioner of the Bureau of Customs under Sec. 601 of R.A. 1937 which states that “Sec. 601. – x x x The Commissioner and the Deputy Commissioner of Customs shall be appointed by the President of the Philippines.”