Credit Transactions Syllabus AY 2020-2021 PDF

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SAN BEDA UNIVERSITYCollege of Law COURSE SYLLABUSCOURSE CODE: _______________________________________________COURSE TITLE: CREDIT TRANSACTIONSCOURSE CREDIT: 3 UNITSCOURSE PREREQUISITE/S: ________________________________________________FACULTY: ________________________________________________EMAIL AD...

Description

SAN BEDA UNIVERSITY College of Law COURSE SYLLABUS COURSE CODE: COURSE TITLE: COURSE CREDIT: COURSE PREREQUISITE/S: FACULTY: EMAIL ADDRESS: TERM/ACADEMIC YEAR: DAY/TIME/ROOM/SECTION: COURSE DELIVERY MODE: CONSULTATION DAY/TIME:

_______________________________________________ CREDIT TRANSACTIONS 3 UNITS ________________________________________________ ________________________________________________ ________________________________________________ SECOND SEMESTER - SCHOOL YEAR 2020-2021 ________________________________________________ . FULL ONLINE _________________________________________________

COURSE DESCRIPTION: A study of the Philippine law and jurisprudence on Credit Transactions particularly the New Civil Code provisions on Loan, Deposit, Guaranty, Suretyship, Pledge, Mortgage and Antichresis. and concurrence and preference of credit. This also includes a study of related Banking laws that govern credit transactions as well as special laws that govern usury, warehouse receipts, credit cards, consumer loans, and mortgage. In addition, the course includes a study of the rules on insolvency including the laws and jurisprudence on rehabilitation, suspension of payment and liquidation. This also includes a study of the statutory rules and jurisprudence on distribution of assets. The laws and rules that will be examined include the Financial Rehabilitation and Insolvency Act (FRIA) of 2010, The Financial Rehabilitation Rules of Procedure (2013), The Financial Liquidation and Suspension of Payment Rules of Procedure for Insolvent Debtors (2015) and the New Civil Code provisions on Concurrence and Preference of Credits. COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs) Know and understand the laws, memorize provisions, develop critical and analytical thinking, effective in written and oral communication, logical reasoning, and sound judgment, exercise of proper professional and ethical responsibilities LEARNING OBJECTIVES/OUTCOMES (LOs): 1. 2. 3. 4. 5. 6.

Knowledge/Remembering: define, list, recognize Comprehension/Understanding: describe, explain, identify, recognize Application/Applying: choose, demonstrate, implement, perform Analysis/Analyzing: analyze, categorize, compare, differentiate Evaluation/Evaluating: assess, critique, evaluate, rank, rate Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Property course, the student is expected to be able to: Expected College of Law Graduate Attributes (ELGAs) Critical and analytical thinking Effective in written and oral communication Logical reasoning Sound judgment

LEARNING OUTCOMES (LOs) LO1. Explain and analyze the provisions of law on credit transactions. LO2. Analyze/Criticize/Compare Supreme Court cases applying law on credit transactions. LO3. Apply the provisions of law on credit transactions. and relevant case doctrines in a given hypothetical or actual situation.

LO4. Utilize legal research tools to gather information that aids in the analysis of legal issues in submitting the Research Paper.

ASSESSMENT/GRADING SYSTEM: The student will be graded according to the following:

Requirements (Based on the Learning Outcomes)

Scope of Work (Individual)

LO1 Class recitations, Quizzes, Case Digests, LO2 and discussion LO3 LO4 - - Research Paper, Case Study

Individual Individual Individual

Class standing before Midterms Midterm Exams Class Standing after Midterms Final Exams TOTAL

Individual Individual Individual Individual

Percentage (Weight is based on the importance of the LO)

16.67% 16.67% 33.33% 33.33% 100

LEARNING PLAN:

TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order)

Course Introduction ! Course overview ! Course assignments ! Course requirements

LEARNING RESOURCES (print and nonprint materials and online/ open-access resources)

Syllabus

WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester)

Feb. 8-13, 2021

LEARNING METHODS (activities designed or deployed by the teacher to bring about, or create the conditions for learning)

Lecture Discussion

MODULE 1: INTRODUCTION I. INTRODUCTION TO CREDIT TRANSACTIONS. A. Concept of Credit Transaction B. Kinds of Credit Transaction C. Bailment Contracts D. The Financial Market Case: 1. Banco De Oro v. Rizal Commercial Banking Corp., G.R. No. 198756, January 13, 2015

• Syllabus • Textbooks • Supreme Court Decisions (SCRA) • Statutory Provisions

Feb. 15-20, 2021

! Recitation ! Case study & reporting ! Discussion/ Lecture ! Quiz

TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order)

LEARNING RESOURCES (print and nonprint materials and online/ open-access resources)

WEEK/ DATE (Schedule of each Topic, Assign, Exam for the entire semester)

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II. CONTRACT OF LOAN: GENERAL CONCEPTS Description: A study of the nature, concept, characteristics and kinds of the contract of loan. Statutory Provisions: Articles 1933 to 1934, New Civil Code (NCC) A. Definition B. Parties C. Kinds D. Accepted Promise to Loan Cases: 1. Naguiat v. Court of Appeals, G.R. No. 118375, October 3, 2003 2. Spouses Palada v. Solidbank Corporation, G.R. No. 172227, June 29, 2011 3. DBP v. Guarina Agricultural & Realty Dev. Corp., G.R. No. 160758, January 15, 2014 4. Saura Import & Export, Co. v. DBP, 44 SCRA 445, April 27, 1972 5. BPI Investment Corp. v. Court of Appeals, G.R. No. 133632, February 15, 2002 6. Spouses Pio Dato v. BPI, G.R. No. 181873, November 27, 2013 7. Philippine National Bank v. Spouses Tajonera, G.R. No. 195889, September 24, 2014 8. Spouses Ramon Sy and Anita Ng v. Westmont Bank, G.R. 201074, October 19, 2016. 9. Vicente L. Luntao v. BAP Credit Guaranty Corporation, G.R. No. 204412, September 20, 2017

MODULE 2: COMMODATUM AND MUTUUM I. COMMODATUM Description: A study of the concept, nature, and kinds of Commodatum as well as the obligations of the parties in the same contract. Statutory Provisions: Articles 1935 to 1952, NCC A. Definition and Requisites 1. Object of the Contract

• Syllabus • Textbooks • Supreme Court Decisions (SCRA) • Statutory Provisions

Feb 22Mar. 6, 2021

! Recitation ! Case study & reporting ! Discussion/l ecture ! Quiz

TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order)

B. Characteristics C. Kinds D. The Parties, their Rights and Obligations Cases: 1. Manzano v. Perez, Jr., G.R. No. 112485, August 9, 2001 2. Felix de los Santos v. Jarra, G.R. No. L-4150 February 10, 1910 3. Republic v. Court of Appeals, G.R. No. L-46145, November 26, 1986 4. Producers Bank of the Phils. v. CA, G.R. No. 115324, February 19, 2003 5. Pajuyo v. Court of Appeals, G.R. No. 146364, June 3, 2004 6. Catholic Vicar Apostolic of the Mt. Province v. Court of Appeals, 165 SCRA 515 (1988) 7. Quintos v. Beck, G.R. No. L-46240, November 3, 1939 II. SIMPLE LOAN OR MUTUUM Description: A study of the concept, nature, and kinds of Mutuum as well as the obligations of the parties in the same contract. This also includes a study of the rules on legal tender, inflation, and interests. Statutory Provisions: Articles 1953 to 1956, NCC; Articles 2209 to 2213, NCC; Sections 51 and 52, New Central Bank Act or Republic Act (R.A.) No. 7653; Sec. 7-a, Usury Law or Presidential Decree (P.D.) No. 1684; Sec. 4, Truth in Lending Act or R.A. No. 3765. A. Proof and Nature of Simple Loan Cases: 1. Georgia Osmena-Jalandoni v. Encomienda, G.R. No. 205578, March 1, 2017 2. Philippine National Bank v. James T. Cua, G.R. No. 199161, April 18, 2018 3. Chee Kiong Yam v. Malik, G.R. No. L-50550, October 31, 1979 Patrimonio v. Gutierrez, G.R. No. 187769, June 04, 2014 B. Bank Deposits Cases:

LEARNING RESOURCES (print and nonprint materials and online/ open-access resources)

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1. The Metropolitan Bank and Trust Co. v. Rosales, G.R. No. 183204, January 13, 2014 2. Guingona v. City Fiscal of Manila, G.R. No. L-60033 April 4, 1984, 128 SCRA 577 3. People v. Jose C. Go, et. al., G.R. No. 191015, August 6, 2014 4. Bank of Philippine Islands v. CA, G.R. No. 136202, January 25, 2007 C. Credit Card Description: A study of the concept, nature, and kinds of Credit Card as loan transactions as well as the obligations of the parties in the same contract. This also includes a study of the required and prohibited terms and conditions, the rules on confidentiality, interests and charges, prohibited acts, disclosure requirements and rules on collection. Statutory Provisions: R.A. No. 8484; Sec. 320, Manual of Regulations for Banks (MORB) Cases: 1. Pantaleon v. American Express International, Inc., G.R. No. 174269, May 8, 2009 and August 26, 2010. 2. Far East Bank and Trust Company v. The Hon. Court of Appeals, G.R. No. 108164, February 23, 1995 3. Equitable Banking Corp. v. Caldron, G.R. No. 156168, December 14, 2004 4. Aznar v. Citibank, G.R. No. 164273, March 28, 2007 5. Bankard, Inc. v. Feliciano, G.R. No. 141761, July 28, 2006 6. Acol v. Philippine Commercial Credit Card, Inc., G.R. No. 135149, July 25, 2006 7. Louh, Jr. v. Bank of Philippine Islands, G.R. No. 225562, March 8, 2017 8. Bankard, Inc. v. Alarte, G.R. No. 202573, April 19, 2017 D. Consumer Loans Description: A study of the basic concept of consumer credit transactions and regulations under the Consumer Act as well as the concept of Microfinance. Statutory Provisions: Arts. 131 to 147, RA 7394 or the Consumer Act of the Philippines.

LEARNING RESOURCES (print and nonprint materials and online/ open-access resources)

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Mar. 8-20, 2021

! Recitation ! Case study & reporting ! Discussion/l ecture ! Quiz

MODULE 3: INTEREST AND USURY I. INTEREST Description. A study of the different kinds of interests, legal interest, and unconscionable interest. Cases: 1. Siga-an v. Villanueva, G.R. No. 173227, January 30, 2009 2. Mendoza v. Spouses Gomez, G.R. No. 160110, June 18, 2014 3. Silos v. Philippine National Bank, G.R. No. 181045, July 2, 2014 4. Buenaventura v. Metropolitan Bank and Trust Co., G.R. No. 167082, August 3, 2016 5. Spouses Limso v. Philippine National Bank, G.R. Nos. 158622, 169441, 172958, 173194, 196958, 197120, 205463, January 27, 2016 6. Spouses Jonsay v. Solidbank Corporation, G.R. No. 206459, April 6, 2016 7. Security Bank Corporation v. Spouses Rodrigo and Erlinda Mercado, G.R. Nos. 192934 and 197010, June 27, 2018 8. Spouses Pen v. Spouses Julian, G.R. No. 160408, January 11, 2016 A. Meaning Forbearance of Money Cases: 1. Estores v. Spouses Supangan, G.R. No. 175139, April 18, 2012 2. Land Bank of the Philippines v. Onate, G.R. No. 192371, January 15, 2014 B. Penalties and Surcharges Case: 1. Metropolitan Bank and Trust Company v. Chuy Lu Tan, G.R. No. 202176, August 1, 2016

• Syllabus • Textbooks • Supreme Court Decisions (SCRA) • Statutory Provisions

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II. USURY LAW (ACT 2655) Description: A study of the Usury law and its coverage as well as the concept of usury and its effects on transaction. The rationale for the law is also discussed. Statutory Provisions: Usury Law or Act 2655; Sec. 43, GBL; Sec. 10, P.D. No. 114; Sec. 7, R.A. No. 9474 Cases: 1. The United States v Chua, G.R. No. L-13708, January 29, 1919 2. Versoza v. Bucag, G.R. No. L-8031, October 29, 1955 3. Tolentino v. Sy Chiam, G.R. No. 26085, August 12, 1927 4. Manila Trading and Supply Company v. Tamaraw Plantation Company, G.R. No. L-22995, February 28, 1925 5. The Bachrach Motor Company, Inc. v. Faustino Espiritu, G.R. Nos. L-28497 and L-28498, November 6, 1928 6. First Metro Investment Corporation v. Este Del Sol Mountain Reserve, Inc., G.R. No. 141811, November 15, 2001 MODULE 4: DEPOSIT AND WAREHOUSE RECEIPTS I. DEPOSIT Description: A study of the concept, nature, formalities and kinds of Deposit contract as well as the obligations of the parties in the same contract. This also includes a study of the Warehouse Receipts Law and the concept of warehouse receipts. A. Definition and Nature of Deposit 1. Perfection 2. Object 3. Consideration

• Syllabus • Textbooks • Supreme Court Decisions (SCRA) • Statutory Provisions

Mar. 22Apr. 10, 2021

! Recitation ! Case study & reporting ! Discussion/l ecture ! Quiz

TOPIC/CONTENT (arrangement or sequence of the major topics is based on a logical order)

B. Parties, their Rights and Obligations C. Characteristics D. Distinguished from Other Transactions 1. Parking Spaces 2. Distinguished from Usufruct 3. Safety Deposit Boxes E. Voluntary Deposit F. Necessary Deposit G. Judicial Deposit Statutory Provision: Articles 1962 to 2009, NCC, Warehouse Receipts Law or Act 2137. Cases: 1. RCG Bus Lines, Inc. v. Master Tours and Travel Corp., G.R. No. 177232, October 11, 2012 2. CA Agro-Industrial Dev. Corp. v. Court of Appeals, G.R. No. 90027, March 3, 1993 3. Triple V Food Services, Inc. v. Filipino Merchants Insurance, G.R. No. 160544, February 21, 2005 4. Sia v. Court of Appeals, G.R. No. 102970, May 13, 1993 5. Baron v. David, G.R. No. L-26948, October 8, 1927 6. Durban Apartments Corp. v. Pioneer Insurance and Surety Corp., G.R. No. 179419, January 12, 2011 7. YHT Realty Corp. v. Court of Appeals, G.R. No. 126780, February 17, 2005 II. Warehouse Receipts Law Description: Nature, Functions and Kinds of Warehouse Receipts; Transfer and Negotiation of Warehouse Receipts and the rights of obligations of the parties over the warehouse receipts and the goods. A. Definition, Features and Functions

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B. Formalities C. Duties of the Warehouseman 1. Duty of Care 2. Return and Delivery of Goods 3. Defenses for Non-Delivery D. Negotiability and Negotiation 1. How to Negotiate 2. Effect of Negotiation 3. Who may Negotiate 4. Warranties 5. Rights of the Holder and other Parties E. Warehouseman’s Lien Case:

1. Gonzales v. Gotiong, G.R. No. L-11776, August 30, 1958 Apr. 12-17, 2021

Mid-Term Examinations

MODULE 5: PERSONAL SECURITY I. GUARANTY AND SURETYSHIP Description: A study of the concept, nature, features, formalities and kinds of personal security contracts including Guaranty and Suretyship as well as the obligations of the parties in the same contract. A. Personal Security Distinguished from Real Security B. Definition and Nature of Guaranty and Suretyship C. Characteristics of Guaranty and Suretyship D. Parties, their Rights and Obligations

• Syllabus • Textbooks • Supreme Court Decisions (SCRA) • Statutory Provisions

Apr. 19May 8, 2021

! Recitation ! Case study & reporting ! Discussion/ lecture ! Quiz...