OBLIGATIONS AND CONTRACTS IN THE NEW NORMAL

OBLIGATIONS AND CONTRACTS IN THE NEW NORMAL

OBLIGATIONS AND CONTRACTS IN THE NEW NORMAL

by Atty. Kristine Joy Tan
October 8, 2020
1:00pm – 4:00pm
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Regular Rate           Php 1,499.00 + VAT starting October 2, 2020
Early Bird Rate        Php 1,399.00 + VAT until October 1, 2020
Group Rate              Php 1,299.00 + VAT per pax for 5 or more pax

Inclusive of the Webinar Session, the presentation materials and the Digital Certificate

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INTRODUCTION:

The lecturer will cover Book IV of the New Civil Code of the Philippines on Obligations and Contracts, as well as related laws, government issuances, and Supreme Court cases. She will discuss various legal remedies (both judicial and extrajudicial) and practical strategies to address problems arising from the COVID-19 pandemic and other fortuitous events. She will also share with the audience useful contractual stipulations to protect their legal rights and interests.

COURSE OUTLINE:

Title I: OBLIGATIONS

Chapter I: General provisions
I. Concept of obligations

II. Sources of obligations
A. Law
B. Contracts
C. Quasi contracts
D. Delicts
E. Quasi-delicts

Chapter II: Nature and effects of obligations
I. Kinds of Prestation
A. Obligation to give
B. Obligation to do
C. Obligation not to do

II. Breach of obligations
A. Concept

  • Substantial v. casual breach

B. Modes of breach

  • Fraud
  • Negligence
  • Delay
  • Contravention of tenor of obligation

III. Remedies of creditor in case of breach
A. Specific performance
B. Substituted performance
C. Undoing of act
D. Damages
E. Rescission
F. Other specific remedies
G. Others

IV. Fortuitous events
A. Concept
B. Requisites
C. Effects
D. Exceptions

V. Usurious transactions
A. Concept
B. Requisites
C. Kinds of interest
D. BSP Circular No. 799 on legal interest
E. Effects

VI. Subsidiary remedies of the creditor

VII. Transmissibility of rights

Chapter III: Different kinds of obligations
I. Pure and conditional obligations

II. Obligation with a period
A. Period or term
B. Kinds of period or term
C. Rules in case of loss, deterioration or improvement
D. Effects of payment in advance
E. Benefit of period
F. Court to fix period
G. When debtor loses right to make us of the period

III. Alternative obligations

IV. Joint and solidary obligations
A. Joint obligations

  • Concept
  • Requisites
  • Words used to indicate joint obligation
  • Presumption
  • Effects
  • Defenses available to joint debtor against the creditor

B. Solidary obligations

  • Concept
  • Requisites
  • Words used to indicate solidary obligation
  • Kinds of solidary obligation
  • Effects
  • Defenses available to solidary debtor against the creditor

V. Obligations with a penal clause
A. Substitute for indemnity for damages and payment of interest
B. Debtor not exempt from performance
C. Creditor cannot demand both performance and penalty
D. Creditor cannot collect other damages in addition to penalty
E. When penalty shall be equitably reduced
F. Nullity of principal obligation or penal clause
G. Monetary interest and penalty distinguished

Chapter IV: Extinguishment of obligations
I. Modes of extinguishment

II. Payment or performance
A. Concept
B. Requisites
C. Application of payment
D. Payment by cession
E. Dation in payment
F. Tender of payment and consignation

III. Loss or Impossibility
A. Loss of thing due
B. Impossibility of performance

IV. Condonation or remission
A. Concept
B. Kinds
C. Requisites
D. Presumptions
E. Effects
F. Renunciation of principal or accessory obligation

V. Compensation
A. Concept
B. Kinds
C. Legal compensation: requisites and effects
D. When compensation not allowed
E. Compensation of debts payable at different places
F. Effects of nullity of debts to be compensated
G. Effects of assignment of credit

VI. Confusion or merger of rights

VII. Novation

VIII. Prescription of actions

Title II: CONTRACTS

Chapter I: General provisions
A. Definition
B. Elements – consent, object, cause
C. Characteristics

  • Mutuality of contracts
  • Autonomy of contracts
  • Relativity of contracts
  • Consensuality of contracts
  • Obligatoriness of contracts

D. Parties
E. What may not be stipulated
F. Classifications

  • Consensual contracts
  • Real contracts
  • Formal contracts

G. Stages
H. Stipulation pour autrui

Chapter II: Essential requisites of contracts
A. Consent

  • Offer and acceptance
  • Mistake
  • Violence
  • Intimidation
  • Undue Influence
  • Fraud

B. Object
C. Cause
D. Others

  • Contract to sell and contract of sale distinguished
  • Option contract
  • Option money and earnest money distinguished
  • Right of first refusal

Chapter III: Form of Contracts

Chapter IV: Reformation of instruments

Chapter V: Interpretation of contracts

Chapter VI: Rescissible contracts
A. Kinds
B. Characteristics
C. Rescission
D. Requisites
E. Presumption of fraud
F. Effects

Chapter VII: Voidable or annullable contracts

A. Kinds
B. Characteristics
C. Annullment
D. Effects
E. Prescription
F. Extinguishment of action
G. Ratification

Chapter VIII: Unenforceable contracts
A. Characteristics
B. Kinds
C. Ratification

Chapter IX: Void or inexistent contracts
A. Characteristics
B. Kinds
C. Actions
D. Effects
E. Prescription

Chapter X: COVID-19 Pandemic
A. Fortuitous events
B. Obligatoriness of contracts
C. Relevant laws and issuances relating to the COVID-19 pandemic
D. Common problems in:

  1. Sales contracts
  2. Service contracts
  3. Employment contracts
  4. Loan contracts
  5. Lease contracts
  6. Others

E. Legal remedies

  1. Extrajudicial remedies
  2. Judicial remedies

F. Suggested contractual stipulations
G. Penal provisions

Resource Speaker – ATTY. CHRISTINE JOY K. TAN

Christine Joy K. Tan obtained her J.D. with honors in 2008 and was admitted to the Philippine Bar in the same year, garnering the top 8th place. She then joined SyCip Salazar Hernandez & Gatmaitan, where she represented and advised domestic and foreign clients in a broad range of industries. She is currently a manager at BDO-Unibank, Inc. – Legal Services Group, where she handles corporate, regulatory and compliance matters; negotiates and documents financing and related commercial transactions; and is involved in special projects relating to the Foreign Account Tax Compliance Act and other foreign regulations involving financial institutions.

She is a licensed real estate broker, and is also a professorial lecturer on obligations and contracts at the Lyceum University of the Philippines – College of Law, as well as insurance law and corporation law at the University of the East- College of Law.

Areas of Specialization: 

  • Corporate law
  • Banking and Finance

Professional Association & Recognition: 

  • Second Honors, Ateneo Law, Batch 2008
  • 8th place, 2008 Philippine Bar Examinations

Courses Taught

  • Credit Transactions

Education: 

College of Law, Ateneo de Manila University, Juris Doctor, 2008; AB Political Science, Ateneo de Manila University, 2002

IMPORTANT REMINDERS 

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PAYMENT

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(3) Over The Counter (7 Eleven, Cebuana, etc.)

Bank Deposit or Online Bank Transfer
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IMPORTANT:  Proof of payment must be sent to info@powermax.ph. Failure to send the proof of payment to info@powermax.ph means the participants will not receive the webinar links even if the proof of payment is sent to other contact details of Powermax or its representatives (e.g., Facebook, Messenger, Viber, other email addresses, etc.).

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Payment Through Over The Counter (OTC)
You may also pay us through various OTC Over The Counter payment channels:

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If you Checkout using a particular Over The Counter payment channel, our system will send a barcode to your registered email. You can take this barcode, show, and pay over the counter. Please note that if you generate a barcode through 7 Eleven you must pay only through any 7 Eleven branch. When payment is made, proof of payment is sent to your email for payment reference.

WEBINAR ACCESS LINKS.  Once payment is made and verified, we can activate the spot on the webinar then we can send the webinar access links to the email addresses of the participants – this only goes with Bank Deposit/Online Bank Transfer.  However, for payments made using PayPal and OTC, the activation process is automatic. Note that your webinar access link cannot be shared with anyone else.  If you cannot attend on the date and time of the webinar kindly advise us at the latest one day ahead.

POWER WEBINARS. Powermax live webinars are designed to give you an incisive insight into a plethora of interesting and relevant topics using Zoom technology. It aims to uncork the latest updates, best practices, useful strategies, and tactics, and/or practical tips and techniques not just to widen your horizon but also to equip you with the essential knowledge and skills. Hopefully, this will also encourage you to register for the other webinars of Powermax. Just visit our site – www.powermax.ph to see our other webinars.

A PLEASANT WEBINAR EXPERIENCE

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Thank you and enjoy!

Keep safe and God Bless!

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OBLIGATIONS AND CONTRACTS IN THE NEW NORMAL

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