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For Citizens Are (1) Avoid Speeches That Oppose The Government. (2) Avoid

The document discusses the obligations of citizens and the government under the Anti-Terrorism Act signed into law in the Philippines. It identifies 5 obligations of citizens which include avoiding speeches opposing the government and 5 obligations of the government which include implementing the law and forbidding rights violations of suspected citizens. The document also discusses the Wirecard fraud scandal in Germany. It identifies 10 obligations that were breached related to the fraud, including Wirecard failing to faithfully present financial information and the Singapore branch falsifying documents. The entities or persons that breached these obligations are also stated, such as Wirecard company and its CEO committing fraud. Finally, the document asks to find online news articles related to different modes of ext
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0% found this document useful (0 votes)
59 views

For Citizens Are (1) Avoid Speeches That Oppose The Government. (2) Avoid

The document discusses the obligations of citizens and the government under the Anti-Terrorism Act signed into law in the Philippines. It identifies 5 obligations of citizens which include avoiding speeches opposing the government and 5 obligations of the government which include implementing the law and forbidding rights violations of suspected citizens. The document also discusses the Wirecard fraud scandal in Germany. It identifies 10 obligations that were breached related to the fraud, including Wirecard failing to faithfully present financial information and the Singapore branch falsifying documents. The entities or persons that breached these obligations are also stated, such as Wirecard company and its CEO committing fraud. Finally, the document asks to find online news articles related to different modes of ext
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1. The Anti-Terrorism Act was signed into law by the President on July 3, 2020.

Identify
five (5) obligations of citizens under this Act and five (5) obligations of government
under this Act.  

- The Anti-Terrorism Act is already signed by the president. In layman’s terms, this
law further expands the meaning of terrorism, and therefore expanding the set of
actions that is considered as terrorism. As an approved law, both the government
and citizens have corresponding obligations. Accordingly, this law demands
obligation, one that is to give and/or to do. In this law, 5 obligations to not to do
for citizens are (1) Avoid speeches that oppose the government. (2) Avoid
proclamations that are against the said law. (3) Avoid writings, or literary work
that is challenging the government. (4) Cause damages to government
properties. (5) Participation in a rally, that causes a serious risk to public safety.
On the government’s perspective, I will enumerate those “to do”
obligations of theirs. (1) Obviously, the government needs to implement this
since it is already signed by and approved by the President. (2) The law itself in
SEC. 31, forbids law enforcement persons to violate rights of suspected citizens.
(3) SEC. 32 states that A “logbook” for those law enforcers who captured
suspects must have evidence that the said suspect did in fact broke the law. (4)
SEC. 34 of the bill states that no torture or interrogation is to be done to the
accused. (5) Witnesses relating to the proper or improper enforcing of said law,
shall be given shall be given immunity and protection by the government,
according to SEC. 40.

2. The Wirecard scandal is discussed in this link:


https://www.rappler.com/business/264934-timeline-key-dates-germany-wirecard-fraud-
scandal. Identify 10 obligations breached and state the person or entity that breached
the obligation.  State also the circumstance affecting the obligation.  For instance,  BDO
failed to perform its obligation to undertake "Know-Your-Customer" procedures due to
negligence.

- (1) The obligation to deliver accurate news. This obligation was breached by
Financial times newspaper. When it said Wirecard had irregularities in its
accounting in its Asian division. This is due to lack of research from negligence.
(2) The round tripping scheme, that Financial Times allegedly accused Wirecard
proved to be false. It is an act of negligence as well.
(3) Financial times journalists are accused of market manipulation. This is due to
their fraudulent reports.
(4) Wirecard failed to faithfully present financial informations. This is fraud.
(5) Markus Braun, the employer also is accountable for the fraud, as he was the
employer of the firm. (Wirecard company)
(6) The Singapore based branch falsified documents. This is also fraud.
(7) Bafin the watchdog for financial markets by Germany committed negligence.
Due to it, malicious content which is untrue in some instances are published.
(8) A missing amount of 1.9 billion is confirmed, this is a breach due to
negligence.
(9) Wirecard company committed an identity theft, a type of fraud, all in order for
them to be established as a corporation.
(10) A misuse of funds were discovered by the auditors of Wirecard, herein it can
be said that there is fraud in spending said funds.

 
3. Look for five (5) online news articles that show extinguishment of obligation
through payment, loss of thing due, condonation/remission of debt, novation, and compensation.  Copy
and paste the link to the news article and state the mode of extinguishment of obligation
in the news article.  Explain why the news article shows the mode of extinguishment of
obligation that you stated. Do not repeat any of the five (5) modes of extinguishment of
obligation enumerated above.  Each news article should pertain to a mode of
extinguishment of obligation different from the others.  For instance:  
News article:  https://www.pna.gov.ph/articles/1103536
The mode of extinguishment of obligation is payment.  Upon exchange of the bartered
items, the mutual sellers and buyers are deemed to have paid for their respective
purchases.  

(1) https://www.pna.gov.ph/articles/1107636, in this article the mode of extinguishment of


obligation is compensation. Upon receiving the money, to its franchisees, an obligation to do is
extinguished.
(2) https://www.pna.gov.ph/articles/1107776, in this article, the mode of extinguishment of
obligation(s) is the loss of thing due. In this case it was the services of the employees.
(3) https://www.bbc.com/worklife/article/20200327-unemployment-during-coronavirus-the-
psychology-of-job-loss this article concerns about extinguishing obligations due to condonation.
Due to the corona virus, people travel limitedly. This ceased some employers to give out salaries.
(4)https://www.rappler.com/nation/219752-jollibee-to-regularize-3000-workers-yearly is an
article that show novation. JFC in this article removed contractual jobs, and replaced it with the
regularization of employees.
(5) https://news.abs-cbn.com/business/03/20/20/jollibee-allots-p1-billion-to-pay-employees-
during-covid-19-quarantine the article is about extinguishment of obligation through payment.
JFC can settle its obligations to its employees, through payment, as discussed here.

4. One of the  odes of extinguishment of obligation is the confusion or merger of the rights
of creditor and debtor.  Explain this mode of extinguishment of obligation and cite a specific
example where an obligation is extinguished due to confusion or merger of rights.  
- In the most concise and understandable definition, confusion of merger rights is when an
individual attains the qualities by both creditor and debtor, thus the word “confusion”. An
example of this situation is by succession or absorption of property of one party to another. For
instance, when Company A a loaning company absorbs Company B, by purchase, succession or
as to a stipulated contract if there is, Company A also absorbs the liabilities of Company B,
which makes Company A a debtor, and also a creditor assuming that Company A is a loaning
company.

5. Look for five (5) online news articles that involve joint obligations.  Copy and paste the link
to the news article and explain why joint obligations are involved.  For instance:  
News article: https://hfsrb.doh.gov.ph/?page_id=1729
The link shows the various licensed COVID-19 testing centers in the Philippines.  The
obligations of each testing center are to get swab samples of suspected COVID-19 patients and
test these samples using the RT-PCR test.  This is an example of a joint obligation because there
are numerous obligors (the testing centers) that share pro rata the obligation to test patients for
COVID-19.

(1) https://globalnation.inquirer.net/179999/globe-spearheads-the-digital-transformation-of-
manila In this news article, the City of Manila partners with globe with providing quick and free
internet in selected areas in Manila and to scholars of the city.
(2) https://parbrand.com/blog/mcdonalds-and-coca-cola-brand-partners-for-life/11 This article
shows how McDonalds and Coca-Cola have been in joint obligations in their long partnership
sharing resources and knowledge.
(3) https://slamonlineph.com/nba-extends-partnerships-with-globe-smart-and-pldt-to-bring-
league-pass-to-philippine-fans/ Globe, Smart, and PLDT partners with NBA, in this article the 4
entities are jointly obligated to spend their money, in expanding their reaches.
(4) https://corporate.abs-cbn.com/lingkodkapamilya/sagip-kapamilya/article/pid-
1473419790894/sun-life-gives-ldquo-light-rdquo-among-bayanijuan-residents In this article, Sun
Life corporation and ABS-CBN had joint operations. Specifically they shared in expenses in
building 115 houses.
(5) https://www.smsupermalls.com/post/dots-partnership-with-sm-supermalls-sets-direction-on-
government-private-sector-collaboration-to-boost-the-tourism-industry/ In this article, SM and
DOT worked jointly, as obligors, to enhance and promote Philippine tourism.

6. Look for five (5) online news articles that involve solidary obligations.  Copy and paste the
link to the news article and explain why solidary obligations are involved.  For instance:  
News article: https://news.mb.com.ph/2020/06/22/owwa-probes-if-ofws-in-saudi-were-really-
scavenging-for-food/
The news article states that OFWs in Saudi Arabia were reported to be scavenging for food.  The
foreign employer of the OFWs and the manpower agency have the solidary obligation to provide
for the needs, and if necessary, repatriation of these OFWs.  

(1) https://www.interaksyon.com/trends-spotlights/2020/04/30/167560/students-voice-matters-
says-iacad-amid-complaints-on-tuition-refunds-suspension-of-classes/ In this article, I-Academy
is solidary obligated to provide the refund to its students, due to COVID-19 issues that ceased
classes.
(2) https://www.gov.uk/government/news/covid-19-cma-secures-refunds-from-second-major-
holiday-lets-firm in this article, Sykes Cottages is solidary obligated to pay back the fees from
customer bookings due to Covid-19 complications.
(3) https://www.ftc.gov/news-events/press-releases/2020/06/ftc-sends-refunds-people-who-lost-
money-work-home-scheme In this article, FTC serves a solidary obligor in returning money to
those affected by the scam, from websites that was supposed to be of their monitoring.
(4) https://www.theguardian.com/australia-news/2020/jul/01/robodebt-victims-forced-to-wait-
for-refunds-from-unlawful-centrelink-debts In this article, some citizens are entitled for a refund,
which comes from Centrelink, a company that had unlawful debts, that made it unable to pay.
The company is solidary liable for the damages to its customers.
(5) https://sports.inquirer.net/396792/group-seeks-ironman-refund-after-postponed-race in this
article, Sunrise Events, a company that is in charge of the funds of the participants, is solidarily
liable for returning the funds of the participants, this is because of the postponement of the event.

7. Describe five (5) situations involving obligations with suspensive conditions and five (5)
situations involving obligations with resolutory conditions.  Briefly explain your answers.  For
instance:  
a. The President stated that if Cebu City will continue to have high cases of COVID-19 positives,
Cebu City will be reverted back to Enhanced Community Quarantine (ECQ).  The obligation
involved is the declaration of Cebu City under ECQ subject to the suspensive condition that there
will be high COVID-19 cases.  

SUSPENSIVE CONDITIONS:
(1) The Dean of the school announced that if there will be a 70% rate of students who will fail
the test, the test will be disregarded. The obligation here is to disregard the test, subject to the
suspensive condition that 70% of the test takers will fail.
(2) The weather center stated that if the water levels due to flood rises to 4 feet, it is mandatory
to evacuate a certain area. In this case the obligation to do is to vacate the area, subject to the
suspensive condition, if the water level rises to 7 meters.
(3) In the medicine box, a prescription says that if irritation occurs, discontinue use. The
obligation not to do, or discontinue in this situation is to stop the use of the medicine, subject to
the suspensive condition, that if irritation occurs.
(4) Written in the policy of Angkas, riders are obliged to refuse passengers who will go against
the safety measures. In this situation, Angkas is obliged to not accept passengers, subject to the
suspensive condition that the passengers will not abide to safety rules.
(5) Quarantine of individuals who are suspected to have COVID-19 because of symptoms shall
cease after 14 days if the symptoms subside. In this situation the obligation of a medical group is
to release those in quarantine, subject to the suspensive condition that their symptoms subside in
14 days time.

8. In this news article, MERALCO is asked to explain the high electricity charges against its
customers:  https://businessmirror.com.ph/2020/06/11/erc-issues-show-cause-order-against-
meralco-over-bills/  If you were MERALCO, what would your arguments be in order to avoid
liability?
9. Discuss the exceptions to the application of fortuitous event or force majeure. Cite specific
situations in which such exceptions are present, hence, fortuitous event or force majeure cannot
be a defense in the non-performance of the obligation.  
10. Prepare a haiku pertaining to any of the topics we discussed under Obligations.

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