Beruflich Dokumente
Kultur Dokumente
Adherence to the law on contracts, the given Deed of Absolute sale has complied to
all the elements of contract namely:
1) Consent - a meeting of the minds between parties with respect to the object
and cause; there is a certain offer by one party and there is an absolute
acceptance by another party.
2) Object - the thing, right, or service to be provided or performed under the
contract.
3) Cause (causa) - the essential purpose or reason for the contract:
for onerous contracts, the promise of a thing or service by the other.
for remuneratory contracts, the service or benefit which is being
remunerated.
for contracts of pure beneficence, the mere liberality of the benefactor.
The contract will not be perfected unless the aforementioned elements or requisites
concur
Parts of the Board Resolution
1. Date
2. Resolution number
3. Corporate/Organization’s name
4. Title of the resolution
5. The board’s responsibility
6. Final resolution
7. Names of the board members voting on the resolution
8. Jurat
The sample Board Resolution has complied with the elements under Section
52 of RA 11232 or Revised Corporation Code.
1) Proper Quorum (section 52) - – Unless the articles of incorporation or
the bylaws provides for a greater majority, a majority of the directors
or trustees as stated in the articles of incorporation shall constitute a
quorum to transact corporate business, and every decision reached by
at least a majority of the directors or trustees constituting a quorum,
except for the election of officers which shall require the vote of a
majority of all the members of the board, shall be valid as a corporate
act. Regular meetings of the board of directors or trustees of every
corporation shall be held monthly, unless the bylaws provide
otherwise.
2) Authority Section 22- Unless otherwise provided in this Code, the
board of directors or trustees shall exercise the corporate powers,
conduct all business, and control all properties of the corporation.
3) Public instrument- properly notarized.
1. Date
2. Account Name
3. Account Number
4. Payee’s name
5. Amount
6. Payor’s name and signature
1. Introductory Provision
2. Long Title
3. Short Title
4. Declaration of Policy
5. Definition of Terms
6. Substantive Provisions (main thrust or purpose of the bill; right or prohibit)
7. Administrative Provisions – who will or how to implement
8. Enforcement – Penalty Provisions: imprisonment or fines
9. Final Provision
10.Separability Clause
11.Repealing Clause
12.Effectivity Clause
Parts of the Promissory Note
1. Principal amount
2. Interest rate
3. Parties
4. Date of the signing of the promissory note
5. Terms of repayment (which could include interest)
6. Maturity date
7. Provisions concerning the payee's rights in the event of a default.
8. Acknowledgment
Section 1. How Taken. — The appeal to the Court in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall be taken by
filling a notice of appeal with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other cases of multiple
or separate appeals where the law or the Rules of Court so require. In such cases,
the record on appeal shall be filed and served in like manner. (Sec. 2(a), Rule 41,
RCP)
Section 2. Title of Cases. — In all cases appealed to the Court under Rule 41 of the
Rules of Court, the title of the case shall remain as it was in the court of origin, but
the party appealing the case shall be further referred to as the appellant and the
adverse party as the appellee. (Sec. 1, Rule 44, RCP)
Section 3. Period of Ordinary Appeal. — The appeal shall be taken within fifteen
(15) days from notice of the judgment or final order appealed from. Where a record
on appeal is required, the appellant shall file a notice of appeal and a record on
appeal within thirty (30) days from notice of the judgment or final order. (Sec. 3,
Rule 41, RCP)
The period of appeal shall be interrupted by a timely motion for new trial or
reconsideration. No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed. (Sec. 3, Rule 41, RCP)
Section 2. Docket and other Lawful Fees. — No payment of docket and other
lawful fees shall be required in criminal cases except in petitions for review of
criminal cases and appeals from confiscation or forfeitures of bail bond. (Sec. 3,
Rule 5, RIRCA)
Section 5. Issuance of Notices. — All notices shall be issued in the name of the
Clerk of Court and signed by the Division Clerk of Court or by the Chief of the
Judicial Records Division. (Sec. 6, Rule 5, RIRCA)