I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
A tort is an injury caused by one person not respecting the right of another person. It is essentially a violation of a law but isn't a crime. Basically, if you do something that isn't punished by criminal law but that thing you did harms another person or damages his property, you can still be hit by a tort case. A legal act that can't be punished as a crime can still be punished under the Civil Code.
There are three (3) kinds of violations under the law:
1.) Culpa Criminal -criminal violations/delicts
2.) Culpa Contractual -contract violations
3.) Culpa Aquiliana -quasi-delicts
The Civil Law covers nos. 2 and 3. And they complement each other. The general consensus among legal experts is that although contracts and torts aren't the same, they influence each other.
Torts are generally classified as personal or property torts. Property torts cover property (obviously.) Personal torts, on the other hand, don't only cover bodily injury; they cover hurt feelings and damaged reputation as well.
Some smart-alec kid in the undergrad once bragged to me that he mastered Obligations and Contracts, thought he could sell a thing to somebody but get rid of the thing before he had it delivered and say he lost it and could keep the money. He didn't know that losing a commodity that was to be delivered to the buyer could still be punished -and he wouldn't even listen.
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