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REPORTER: MA. RAYLEN S.

CAINAP

C. MEANS OF SECURING PRIVATE INTERESTS


FIRST is the postulation of the concept of civil personality.
*Human personality is God given, and thus an indelible mark of natura humana.

2 Attributes of Civil or Legal Personality as a Concept:


1.) The fitness to be the subject of jural relations, and
2.) The faculty of doing or not doing something with legal effects and consequences.
2 Directions of Protection of Individual Interest, Attributes of Civil Personality by Legal Order:
1.) Pre Facto
2.) Post facto

SECOND is by conferring upon persons or institutions on whom civil personality has been
attributed certain legal authorities, as well as certain legal exemptions, and legal immunities.

THIRD is by imposing upon persons or institutions on whom civil personality has been attributed
certain legal responsibilities, and legal liabilities and legal disabilities.

D. MEANS OF SECURING PUBLIC INTERESTS


FIRST, the conferment of juristic personality on the state and other corporations.
SECOND, the grant of certain rights to the state and other corporations.
THIRD, the imposition on the members of the society of the correlative obligations of the rights
granted to the state and other corporations.
FOURTH, the recognition of certain processes for the vindication of the social interest.

CATEGORIES OF SOCIAL INTERESTS


A. SOCIAL INTERESTS IN THE GENERAL SECURITY
General Security
1. Safety
2. Comfort
3. Order
4. Peace

Social Interest expressed or signified by the following national policies:


1. The policy of concerning certainty of laws and the public knowledge and awareness of them.
2. The policy of concerning the establishment and maintenance of impartial courts and
tribunals.
3. The policy concerning uniformity in judicial and administrative processes and the impersonal
and orderly administration of justice.
4. 4.The policy that no one shall be unlawfully deprived of life, liberty and property.
5. The policy against acts and practices in violation of the security of transactions and
acquisitions.
6. The policy against acts and practices depriving courts of justice of the jurisdiction and
function ordinarily pertaining to them as well as the power to enforce their judgment and
orders.
7. The policy exempting the government officials and functionaries whether of inferior or
superior competence from civil liability for acts done by them in good faith in the
performance of their official functions and jurisdiction.
8. The policy concerning the provision of adequate remedy for injuries suffered as a result of
illegal acts and practices of government functionaries.
9. The policy concerning accessibility for the government records under reasonable regulations
for proper purposes.
10. The policy against acts and practices promotive of or tending to promote speculation and
profiteering in the essential goods of existence or staple commodities.
11. The policy concerning the free and unobstructed access to courts for maintaining or
defending actions or suits.
12. The policy concerning the simplifications, economizing and expediting of the judicial and
administrative processes.
13. The policy concerning the prosecution of offenses either at the initiative of the state or the
complaining witnesses.
14. The policy concerning the freedom from arrest of the head of state as well as the freedom of
the members of the legislative body during their attendance at the sessions.

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