Philippine Bar review · Question

Practice question: Non-imprisonment for Debt

Essay Medium Jurisprudence

Practice question

A loan contract purports to authorize police imprisonment whenever payment is late. No independent offense or other lawful detention basis exists. Explain why the signature alone does not supply authority.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 20.
  • Lozano v. Martinez, G.R. No. L-63419 et al., December 18, 1986, main decision: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63419_1986.html

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