Atty. Kristine Joy Tan

Featured Speaker: Atty. Christine Joy Tan

Professional Lecturer on Obligations and Contracts

April 29, 2021
1:30pm – 4:30pm
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Regular Rate           Php 1,499.00 + VAT starting April 23, 2021
Early Bird Rate        Php 1,399.00 + VAT until April 22, 2021
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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Obligations and Contracts in the New Normal

Introduction:

Do you know your rights when it comes to obligations and contracts? A lot of issues have cropped up, especially now, that we are in a pandemic. What are your legal remedies and practical strategies? Don’t leave things to chance when you can find out the right and prudent course of action. Join this masterclass and uncover a plethora of good principles and best practices (judicial and extrajudicial) including ways to address problems arising from the COVID-19 situation and other fortuitous events. You will also learn useful contractual stipulations to protect your 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

VIConfusion 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
3.  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 8^th 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
• 8^th 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

LIMITED SLOTS. Limited slots are available. To avoid last-minute delays and inconveniences, we advise you to please register at the latest two days or one day before the webinar event.

REGISTRATION. You must register or be registered by someone else to be able to join our webinars.  Webinar access links are strictly sent through email therefore make sure you indicate the right email addresses for the participants. Please indicate how many participants you wish to include before hitting the REGISTER NOW button.

CHECK OUT. When you go to the Checkout Page, double-check the number of participants you have to register, if you change your mind or wish to make last-minute adjustments, do not forget to update your cart by clicking the UPDATE CART button.  Once everything is final, you may now click the PROCEED TO CHECK OUT button.

BILLING DETAILS AND THE NAMES OF THE PARTICIPANTS. On the upper portion, you have to enter your details (esp. your email address) as the one paying for the registration. Underneath, you have to enter the details (esp. the email addresses) of the participants you wish to join the webinar.

PAYMENT

POWERMAX provides three (3) payment options:
(1) Bank Deposit/Online Bank Transfer
(2) G-Cash
(3) PayPal/Credit or Debit Card Through PayPal

Bank Deposit or Online Bank Transfer / G-Cash
If you choose Bank Deposit/Online Bank Transfer or G-Cash, you have to send the proof of payment to info@powermax.ph.

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.).

Payment Through PayPal
If you choose to pay for your registration using PayPal you may do so.  Please take note that PayPal also accepts Debit Cards and Credit Cards bearing the VISA and Mastercard logo. Unlike the Bank Deposit/Online Bank Transfer, the PayPal process automatically updates our system to issue the participants their access to our webinars.

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 / G-Cash.  However, for payments made using PayPal, 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

To ensure a pleasant webinar experience, we recommend to registrants to:

1. Download and install the Zoom application beforehand
2. Ensure that there is a proper internet WIFI connection
3. Use a working webinar streaming device.

 

TERMS AND CONDITIONS

1. Definition of Terms
   • REGISTRANT – The person who has registered himself or other people for a webinar of Powermax
   • ENROLLEE(S) – The person(s) registered by the REGISTRANT
   • PAID REGISTRANT – The registrant who has paid in full for the registration of the ENROLLEE(S)
   • ATTENDEE(S) – The enrollee(s) who has / have actually attended the webinar

2. The Official Receipts will be made available for pick up at the office of

Powermax Consulting Group. If you need a soft copy, we can take a picture of it and send you a copy online. However, if you want the physical copy delivered to your office, you can arrange with and pay for a local courier service like Lalamove or Grab Express.

3. Sharing of the presentation materials depends on the webinar speaker.

(a) Some speakers willingly share their materials while others don’t.
(b) For the speakers who are willing to share their presentation materials

• Some prefer that the materials be sent in advance while others prefer that they be sent after the webinar
• Some prefer that the handouts to be given to the attendees are different from the PowerPoint files that they use and will not share the PPT files

Powermax cannot guarantee that the presentation materials of each webinar will be shared, or shared in advance, or will be the same as the PPT file of the speaker.

4. Any form of video, image or audio recording during the webinar is not allowed unless with the express permission of the speaker and the management of Powermax Consulting Group.
5. Your registration fee entitles your enrollee(s) to a slot in a webinar you have paid for but no record of the video of the webinar will be given.
6. If an enrollee fails to join the webinar because Powermax fails to give the webinar link, the payment of his / her REGISTRANT will be refunded in full or if the REGISTRANT prefers, the payment will be rolled over to other webinars of his / her choice.
7. If an enrollee advises Powermax five (5) days before the scheduled date of the webinar that he / she cannot attend it, the payment for that slot will be rolled over to another webinar. But if he / she avails of the presentation materials of that webinar (assuming the speaker has shared the materials), the payment cannot be rolled over to another webinar.
8. If an enrollee fails to attend a webinar and also fails to advise Powermax five (5) days before the scheduled date of the webinar, the presentation materials of that webinar (assuming the speaker has shared the materials) will be given to him / her but there will be no option for rollover.
9. If an enrollee fails to attend a webinar because of a technical glitch on his / her device but other enrollees manage to join the said webinar, there will be no liability on the part of Powermax unless it can be established that there is a clear fault by a representative of Powermax.
10. Certificates will be given to the ATTENDEES only.
11. Questions or clarifications about the subject matter of a webinar can only be entertained by the speakers during the holding of the webinar. After the webinar, the speaker cannot be obliged to answer them through email, Facebook chat or some other means.
12. Unless asked by the speaker or the host to talk, the attendees should not unmute their microphone to avoid distracting the session. Anyone who persists in unmuting his / her audio, despite the reminder or warning, will be removed from the webinar session.

 

Thank you and enjoy!

Keep safe and God Bless!