[CIVIL LAW LECTURES] Article 27 and Ministerial vs. Discretionary Duty | INTRO TO PERSONS
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[CIVIL LAW LECTURES] Article 27 and Ministerial vs. Discretionary Duty | INTRO TO PERSONS
10 428 просмотров · 5 лет назад
Lex in Motion
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10 428 просмотров · 5 лет назад
Today we’re taking a look at Article 27 of the Civil Code. It is the provision on the Chapter on Human Relations that lays down the cause of action against public officers for their refusal or neglect to perform their duties.
According to Justice Paras, this provision was taken from the German Civil Code, with the view of eliminating the complex system of bribery inside government offices. Itinuturo rin niya ang mga inaabot sa ilang mga empleyado ng gobyerno gaya ng pampabagsak, pampadulas at pampasalamat.
At the end of this lesson, you should be able to:
1. Identify the requisites for the applicability of Article 27 of the Civil Code;
2. Distinguish between misfeasance, malfeasance and nonfeasance;
3. Identify whether an act or transaction is a purely ministerial or discretionary act on the part of the public officer.
All of this and more, coming right up.
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SHOW NOTES:
1. Follow the first parts of INTRODUCTION TO PERSONS here: • CIVIL LAW LECTURES
2. Read Ledesma vs. Court of Appeals here: https://lawphil.net/judjuris/juri1988...
3. Read Javellana et. al. vs. Tayo here: https://lawphil.net/judjuris/juri1962...
4. Take the short quiz here: https://forms.gle/ynj8iGzYwYnkySQMA