BAR 2020-21 - CIVIL & COMMERCIAL LAW - SUGGESTED ANSWERS - Dean Joe-Santos Balagtas Bisquera

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  • Опубліковано 12 гру 2024

КОМЕНТАРІ • 31

  • @suigeneris1190
    @suigeneris1190 Рік тому

    galing

  • @reycfd7753
    @reycfd7753 2 роки тому +1

    Thank you very much, Dean Bisquera! You are not only a law expert but also an expert in computer technology. May God bless you with more strength, power and long life.

  • @larryibanez9049
    @larryibanez9049 10 місяців тому

    Thank you very much Dean for sharing your video this helps me a lot for preparing for the bar exams this 2024..God bless and more power to you Dean....

  • @AttyKev
    @AttyKev Рік тому

    Thank you Dean 🙏🏻 sending good health and vibes from Cebu 😄

  • @glared7294
    @glared7294 2 роки тому

    06:12 Start

  • @maryjanecorpuz4725
    @maryjanecorpuz4725 2 роки тому

    Thankyou po Dean. ❤️❤️🥰🥰🙏🙏

  • @arnelladag860
    @arnelladag860 2 роки тому

    thank you dean, you're my inspiration to this profession

  • @anthonytiongson6949
    @anthonytiongson6949 2 роки тому

    Salamat po Dean JSB.

  • @boblolrus
    @boblolrus Рік тому +1

    Gamer!

  • @rovelynolaya4999
    @rovelynolaya4999 2 роки тому

    Thank you Dwan

  • @daisycordova578
    @daisycordova578 2 роки тому

    Thank you so much Dean..🙂

  • @monausop963
    @monausop963 2 роки тому

    Thank you po. It helps me.

  • @jobaguzar2272
    @jobaguzar2272 2 роки тому

    Thank you so much Dean!

  • @furelise38
    @furelise38 2 роки тому

    Thank you Dean!!

  • @downtownpizza1010
    @downtownpizza1010 2 роки тому +1

    Hi po Dean. I just have a question about Question number 18. You mentioned that only common stocks can vote. But what about Section 6(c) of the Revised Corporation Code Dean? It says nonvoting shares can nevertheless vote for the sale of corporate assets. Is this provision not applicable? Or maybe I understood the provision differently? Would you please enlighten me. Thank you.

    • @joesantosbbisquera
      @joesantosbbisquera  2 роки тому

      Let me recognize the Corporate Principle that all Outstanding Shares - Common and even Preferred - are entitle to Vote when All or Substantially All of the Corporate Assets are for Sale. The "gray" area in the Problem is the Statement that the Preferred Shares are CATEGORICALLY NON-VOTING so that said Provision is arguably existing to deprive the Preferred Shareholders of the right to Vote, more so because the very reason for their issuance is as a substitute for being DEBT Instruments. I am not sure whether the BAR Examiners gave equal weight to the two (2) possible Answers.

    • @downtownpizza1010
      @downtownpizza1010 2 роки тому

      @@joesantosbbisquera Noted po Dean. Thank you so much.

  • @Mommyjoyandjosette
    @Mommyjoyandjosette 2 роки тому

    Dean pwede rin po ba mag request paki sagot po and Remedial Law 2020/2021 bar questions.
    Thank you very much in advance.

    • @joesantosbbisquera
      @joesantosbbisquera  2 роки тому

      Joy, Procedural Law UA-cam Upload is in place to answer Remedial Law. Please check.

  • @peterpiper5300
    @peterpiper5300 2 роки тому

    sir, regarding the farmer, is believing enough to be considered good faith? should he not have done some diligence? if he did his due diligence, he would have discovered somebody owned the land.

    • @joesantosbbisquera
      @joesantosbbisquera  2 роки тому +1

      No, his belief in good faith is founded on the nature of Agricultural Alienable Land. An Occupant of his house, made in good faith, is engaged himself in the process of legal acquisition through Adverse Possession in ten (10) years. Under normal conditions, he would have acquired ownership equity through precisely Adverse Possession as an Owner. Too bad, another person was faster in having that agricultural alienable land titled. Otherwise, the farmer would have acquired his Title by Adverse Possession when he built his house and stayed there as an Owner during said ten (10) year prescriptive period.

  • @thislsit8395
    @thislsit8395 2 роки тому

    Hi po. Ung sa number 10 po na question. Ung answer ko po kasi is ung sa baba po nung first paragraph mo po. Sufficient na po ba un to earn full points po?

    • @thislsit8395
      @thislsit8395 2 роки тому

      Number 8 po. Would it not be a factor po na public land po yun? Na from the start po wala po siya claim dun sa land which would make him po builder in bad faith po?

    • @thislsit8395
      @thislsit8395 2 роки тому

      Number 18 po. Diba po non voting and voting shares po can vote for SLEMP for all or necessary all of its assets po?

    • @joesantosbbisquera
      @joesantosbbisquera  2 роки тому

      Agricultural Lands are alienable and disposable. As such, they can be subjected to Ownership by Acquisitive Prescriptive - 10 years in Good Faith and 30 years even in Bad Faith, provided no vested ownership has been granted with an earlier Title.
      So, the occupation is recognized by Civil Law as Valid for agricultural lands to ripen into Ownership by Prescription Occupation. Too bad, another person managed to secure Title ahead of the possessor to achieve acquisitive Prescription

    • @joesantosbbisquera
      @joesantosbbisquera  2 роки тому +1

      Let me recognize the Corporate Principle that all Outstanding Shares - Common and even Preferred - are entitle to Vote when All or Substantially All of the Corporate Assets are for Sale. The "gray" area in the Problem is the Statement that the Preferred Shares are CATEGORICALLY NON-VOTING so that said Provision is arguably existing to deprive the Preferred Shareholders of the right to Vote, more so because the very reason for their issuance is as a substitute for being DEBT Instruments. I am not sure whether the BAR Examiners gave equal weight to the two (2) possible Answers.

  • @peterpiper5300
    @peterpiper5300 2 роки тому

    sir, what if 2 Filipinos go to las vegas to get married. after a few years, their relationship turned sour. can they obtain a divorce in las vegas and eventually remarry in the philippines?

    • @joesantosbbisquera
      @joesantosbbisquera  2 роки тому +3

      No, Filipino citizens follow the Nationality Theory under their Constitution. Hence, in so far as their civil status is concerned, they are and will always remain Filipino citizens, subject to said Nationality Theory.
      So, their marriage at Las Vegas, when valid there, is likewise valid in the Philippines. With that validity of their marriage, their marriage status will remain as MARRIED. Their Divorce in Las Vegas will not restore their Civil Status as SINGLE, to allow marriage while either party is still alive.