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Dauden-Hernaez vs.

De los Angeles (1969) This is a petition for a writ of certiorari to set aside certainorders of the CFI of Quezon City dismissing a complaint forbreach of contract and damage, etc.

Facts:
Marlene Dauden-Hernaez is a motion picture actressw h o h a s f i l e d a c o m p l a i n t a g a i n s t p r i v a t e r e s p Hollywood Far East Productions Inc and its PresidentRamon Valuenzela to recover P14, 700 representing abalance due to said actress for her services as leadinga c t r e s s i n t w o m o t i o n p i c t u r e s p r o d u c e d b y t h e company and to recover damages.H e r p e t i t i o n w a s d i s m i s s e d b y t h e l o w e r c o u r t because it was defective because not evidenced bya n y w r i t t e n d o c u m e n t , e i t h e r p u b l i c o r p r i v a t e c o n s i d e r i n g t h a t t h e c l a i m i s m o r e t h a n P 5 0 0 thereby violating Article 1356 and 1358 of the CivilCode.

Issue:W O N

t h e c o u r t b e l o w a b u s e d i t s d i s c r e t i o n i n r u l i n g t h a t a contract for personal

services involving more than P500 waseither invalid or unenforceable under the last par of 1358 of the CC.

Held:Y e s . T h e c o u r t b e l o w a b u s e d i t s d i s c r e t i o n . T h e r e w a s a misunderstanding of the role of


the written form in contracts,as ordained in the present CC. The contractual system of our CC still follows that of the Spanish Code of 1889 and of the Ordenamientode Alcala (ah so Leghis) of upholding the spirit andi n t e n t o f t h e p a r t i e s o v e r f o r m a l i t i e s , h e n c e , i n general, contracts are valid and binding from theirperfection regardless of the form, whether they beoral of written as provided by Art 1315 (Contracts arep e r f e c t e d b y m e r e c o n s e n t x x x ) a n d b y 1 3 5 6 ( Contracts shall be obligatory in whatever form theymay have been entered into xxx) The essential requisites are present in the contract-C-O-C. However 1356 also provides two exceptions: a . C o n t r a c t s f o r w h i c h t h e l a w i t s e l f r e q u i r e s t h a t t h e y be in some particular form (writing) in order to makethem valid and enforceable (the so-called solemncontracts). Ex.1 . d o n a t i o n o f i m m o v a b l e p r o p e r t y ( i n p u b l i c i n s ) ( A r t . 749)2 . d o n a t i o n o f m o v a b l e s w o r t h m o r e t h a n P 5 , 0 0 0 ( A r t . 748) contracts to pay interest in loans ( mutuum)(Art.1956).4 . a g r e e m e n t s c o n t e m p l a t e d i n : 4.1.Art 1744: Stipulation bet the common carrier and thes h i p p e r o r t h e o w n e r l i m i t i n g t h e l i a b i l i t y o f t h e former for the loss destruction or deterioration of thegoods to a degree less than extraordinary diligencexxx4.2. Art 1773: A contract of partnership is void, wheneveri m m o v a b l e p r o p e r t y i s c o n t r i b u t e d t h e r e t o , i f a n inventory of said property is not made, signed by theparties, and attached to the public instrument.4 . 3 . A r t . 1 8 7 4 : W h e n a s a l e o f a p i e c e o f l a n d o r a n y interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shallbe void.4 . 4 . A r t . 2 1 3 4 : T h e a m o u n t o f t h e p r i n c i p a l a n d o f t h e interest shall be specified in writing; otherwise thecontract of antichresis shall be void.N o t e : A n t i c h r e s i s : a c o n t r a c t w h e r e b y t h e c r e d i t o r acquires the right to receive the fruits of an immovable of h i s d e b t o r , w i t h t h e o b l i g a t i o n t o a p p l y t h e m t o t h e payment of the interest, if owing and thereafter to theprincipal of his credit (Art. 2132). b.Contracts that the law requires to be proved by somew r i t i n g ( m e m o r a n d u m ) o f i t s t e r m s a s i n t h o s e c o v e r e d b y t h e o l d S t a t u t e o f F r a u d s , n o w A r t . 1403(2) of the CC. (This is needed for enforceability of the contract by an action in court).T h e b a s i s e r r o r i n t h e c o u r t s d e c i s i o n l i e s i n overlooking that in our contractual system it is notenough that the law should require that the contractbe in writing, as it does in Art. 1358. The law

MUSTf u r t h e r P R E S C R I B E t h a t w i t h o u t t h e w r i t i n g t h e contract is not valid or enforceable by action.

The legislative department Presentation Transcript



1. THE LEGISLATIVE DEPARTMENTSummary 2. OverviewCongress: the Legislative Branch of government in the

PhilippinesPurpose, functions and structure of CongressConstitutional mandates with respect to Congress

3. The Legislative BranchFrom the Latin lex, legismeaning lawThe

legislative branch broadly deals with the making, deliberation over, enactment, amendment and repealing of laws

4. Basic StructuresThere are two basic structures for legislative

branches of government:UnicameralThe legislative branch consists of one chamber/houseBicameralLegislative power is vested in two chambers/houses

5. The Philippine Congress The Philippine Congress is the countrys

legislative department (Art. VI, Sec. 1)Congress is bicameralUpper House: SenateLower House: House of Representatives

6. SenateCompositionQualificationsTerm of Office24 Senators elected

at largeNatural-born citizenAt least 35 years old on election dayLiterate (can read and write)Registered voterPhilippine resident for 2 years prior to election day6 years Maximum: 2 terms

7. House of Representatives200 district reps, 50 party listNatural-born

citizenAt least 25 years old on election dayLiterate (can read and write)Registered voter of the districtDistrict resident for 1 year prior to election day3 years Maximum: 3 termsCompositionQualificationsTerm of Office

8. In Case of VacancyVacancy can be filled through regular

electionSpecial elections can be called for the purpose of filling the vacancyIn either circumstance, the one elected merely sits for the unexpired term

9. Parliamentary Privileges Congressmen have two parliamentary

privileges while Congress is in session:Privilege from arrestImmunity from offenses punishable by not more than six years imprisonmentPrivilege of speech and debateImmunity from libel and slander

10. TransparencyElected Congressmen must:Fully disclose their

financial and business interestsDisclose potential conflicts of interests that

arise in the course of legislationKeep from any other office or employment (appointed or otherwise), forfeit his/her seat to do so

11. Structure and DynamicsSenate President and House Speaker

elected by majority voteOther officers, procedures and the discipline of its members is at the discretion of each houseQuorum: MajorityEach House maintains a journal and record of proceedingsNeither House can adjourn without the others consent while in session

12. Powers of CongressAppointment of Public OfficialsLegislative

inquiry and investigationDeclare the existence of a state of warRatify the countrys international treaties (Senate)Authorize limited emergency powers for the President

13. Powers of CongressApprove the government budgetUndertake

projects under the CDFPropose, review, and adopt bills for enactment into lawOverturn a Presidential veto with respect to proposed legislationAllow for referendaPropose amendments to the constitution and call for a constitutional convention

14. Legislative LimitationsCongress may not:Increase appropriations

recommended by the executive branchPass tax exemptions without the concurrence of a majority of its membersGrant titles of nobilityPass ex post facto billsPass bills of attainder

15. How a Bill Becomes LawReferral to CommitteeDebate1st

Reading2nd Reading3rd Reading~House of Representatives~

16. How a Bill Becomes LawReferral to CommitteeDebate1st

Reading2nd Reading3rd Reading~Senate~1st Reading2nd Reading3rd Reading~House of Representatives~

17. How a Bill Becomes Law1st Reading2nd Reading3rd

Reading~Senate~BICAMERAL COMMITTEE1st Reading2nd Reading3rd Reading~House of Representatives~

18. How a Bill Becomes LawPresident1st Reading2nd Reading3rd

Reading~Senate~1st Reading2nd Reading3rd Reading~House of Representatives~

19. How a Bill Becomes LawPresidentAPPROVEVETO30 DAY PERIOD1st

Reading2nd Reading3rd Reading1st Reading2nd Reading3rd Reading~House of Representatives~

20. -end-