Art 1-18 NCC

Question 1

CIVIL CODE OF THE PHILIPPINES

Answer 1

Republic Act No. 386

Question 2

Official Title

Answer 2

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

Question 3

AN ACT TO ________________ THE CIVIL CODE OF THE PHILIPPINES

Answer 3

ORDAIN AND INSTITUTE

Question 4

Be it _______ by the ______ and _________ of fthe Philippines in _______ ________.

Answer 4

Be it ENACTED by the SENATE and HOUSE OF REPRESENTATIVES of the Philippines in CONGRESS ASSEMBLED.

Question 5

First Title of the Civil Code

Answer 5

Preliminary Title

Question 6

Chapter 1

Answer 6

Effect and Application of Laws

Question 7

Effect and Application of Laws

Answer 7

Chapter 1

Question 8

Article 1

Answer 8

Article 1. This Act shall be known as the “Civil Code of the Phillipines.” (n)

Question 9

Article 1. This Act shall be known as the “____________.” (n)

Answer 9

Article 1. This Act shall be known as the “Civil Code of the Phillipines.” (n)

Question 10

Article 2

Answer 10

Art. 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or, in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by E.O. 200)

Question 11

Art. 2. Laws shall take effect __________ following the ____________ publication either in the ________, __, __________ in the Philippines, _____ it is otherwise provided. (As amended by E.O. ______)

Answer 11

Art. 2. Laws shall take effect AFTER FIFTEEN DAYS following the COMPLETION OF THEIR publication either in the OFFICIAL GAZETTE, OR, IN A NEWS PAPER OF GENERAL CIRCULATION in the Philippines, unless it is otherwise provided. (As amended by E.O. 200)

Question 12

True or False?

Art. 2. Laws shall take effect fifteen days after following their complete publication either in the Official Gazette, and in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by E.O. 200)

Answer 12

False

Question 13

Article 3.

Answer 13

Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)

Question 14

Article 4.

Answer 14

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

Question 15

Article 5 NCC.

Answer 15

Art. 5 NCC. Acts executed against the provisions of mandatory or prohibitory laws shall be void except when the law itself authorizes their validity. (4a)

Question 16

Article 6.

Answer 16

Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law.

Question 17

Article 7 (1)

Answer 17

Art. 7 (1). Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.

Question 18

Article 7 (2)

Answer 18

Art. 7 (2). When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

Question 19

Article 7 (3)

Answer 19

Art. 7 (3).Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a)

Question 20

Article 8.

Answer 20

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of he Philippines. (n)

Question 21

Article 9.

Answer 21

Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)

Question 22

Article 10.

Answer 22

Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n)

Question 23

Article 11.

Answer 23

Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n)

Question 24

Article 12 NCC.

Answer 24

Art. 12 NCC. A custom must be proved as a fact according to the rules of evidence. (n)

Question 25

Article 13 (1).

Answer 25

Art. 13 (1). When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thrity days; days, of twenty-four hours; and night, from sunset to sunrise.

Question 26

Article 13 (2).

Answer 26

Art. 13 (2). If months are designated by their name, they shall be computed by the number of days which they respectively have.

Question 27

Article 13 (3).

Answer 27

In computing a period, the first day shall be excluded, and the last day included. (7a)

Question 28

Article 14.

Answer 28

Art. 14. Penal laws and those of public safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)

Question 29

Article 15.

Answer 29

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

Question 30

Article 16 (1).

Answer 30

Art. 16 (1). Real property as wel lasp ersonal property is subject to the law of the country where it is situated.

Question 31

Article 16 (2).

Answer 31

Art. 16 (2). However, intestate and testamentary successions, boths with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a)

Question 32

Article 17 (1).

Answer 32

Art. 17 (1). The forms and solemnities of contracts wills, and other public instruments shall be governed by hte laws of the country in which they are executed.

Question 33

Article 17 (2).

Answer 33

Art. 17 (2). When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.

Question 34

Article 17 (3).

Answer 34

Art. 17 (3). Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered inefective by laws or judgments promulgated, or by the determinations or conventions agreed upon in a foreign country. (11a)

Question 35

Article 18.

Answer 35

Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a)

Question 36

Can a law not published in the Official Gazette, but enacted by the legislature and signed by the President, take effect?

Answer 36

No, a law not published in the Official Gazette, regardless of its enactment by Congress and approval of the President, cannot be binding. In the case of Pesigan v Angeles, the Court found that no crime was committed on the part of the defendants-petitioners as there was no law in force at the time of commission of the alleged offense because the said law was not published in the Official Gazette

Question 37

When a law was printed into the Official Gazette on April but was only circulated to the public on June, can there be a crime against the said law in the month of May?

Answer 37

No, a violation of a law wherein uncirculated to the public, even though printed on the Official Gazette, cannot occur. In the case of People v Veridiano, the Court found the defendnat not guilty of the alleged crime because the law which defined the crime, although published a month prior to the commission of the act, was only circulated a month after the act took place.