RCCP Sec. 35 vs. Sec. 41 Corporate Investment

Section 35 Section 41 What may be exercised General and implied powers Investment only, not under implied power Investment of funds For primary purpose (an implied power under 35[k]) In another corporation, business or purpose Approval By a resolution of the Board +⅔ OCS or members

Stocks vs. Bonds

Stocks Bonds Nature A unit of ownership of the company A loan to the company Profits over time Intended to appreciate in value through time (not guaranteed) Pays fixed interest over time (ceases if corp. is dissolved) Traded where Stocks exchange through brokers such as COL, Timson Securities, banks, etc. Mutual funds, brokers

Actions in rem vs. in personam

In rem proceeding In personam proceeding Object of the action To bar all who might make an objection against a right, and anyone in the world has a right to be heard on the strength of his facts Establish a claim against some particular person with a judgment which binds his body or bar some […]

Donation Inter Vivos vs. Mortis Causa

How to Ascertain Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. – Puig vs. Penaflorida (1) Did the donor transfer ownership during the execution of the deed? (2) To ascertain intent, all deed’s provisions must […]

Positive vs. Negative Easement

Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive prescription Date of enjoyment of easement Date that owner of dominant estate prohibited the servient estate by formal act Required issance NA Notarial […]

Continuous vs. Discontinuous Easements

Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and right to support beam on another’s wall Right of way because easement is only exercised when someone walks on it Aqueduct Yes, by […]

Forcible entry vs. Unlawful Detainer

FORCIBLE ENTRY UNLAWFUL DETAINER How is possessed Possession of land or building by means of force, intimidation, threat, strategy, or stealth. (FITSS) one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession under any contract, express or implied. Illegality illegal from the beginning the possession was originally lawful but […]