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PFR > Chapter 1 - Effect and Application of Laws > Flashcards

Chapter 1 - Effect and Application of Laws Flashcards

1
Q

What is Civil Law?

A

Civil Law is that mass of precepts that determine and regulate the relations of assistance, authority, and obedience among members of a family, and those which exist among members of a society for the protection of private interests, family relations, and property rights.

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2
Q

What are the sources of the Civil Code? (9)

A
  1. The Civil Code of Spain
  2. The Philippine Constitution of 1935
  3. Statutes or Laws (PH, US, EU)
  4. Rules of Court (local and foreign)
  5. Decisions of Local Tribunals (esp. the SC)
  6. Decisions of Foreign tribunals
  7. Customs and traditions of our people
  8. General principles of law and equity
  9. Ideas from the Code Commission itself
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3
Q

When did the Civil Code take effect?

A

30 August 1950

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4
Q

When was the Civil Code enacted?

A

18 June 1949

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5
Q

State Article 2 of the Civil Code as amended by EO 200.

A

Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in any newspaper of general circulation in the Philippines, unless it is otherwise provided.

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6
Q

What is the exemption to the rule that all laws shall be published in its complete form?

A
  • Interpretative Regulations.
  • Internal only in nature
  • Letters of instructions
  • Other presidential issuances which apply to a class or a group of particular persons
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7
Q

State Article 3 of the Civil Code.

A

Ignorance of the law excuses no one from compliance therewith

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8
Q

What is the Doctrine of Processual Presumption?

A

The Doctrine of Processual Presumption states that when a foreign law is not proven as a fact, it is presumed that it is the same as the Philippine law.

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9
Q

State Article 4, Civil Code.

A

Laws shall have no retroactive effect, unless the contrary is provided.

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10
Q

What are the exceptions to the non-retroactivity of laws? (6)

A
  1. When the law expressly states so, except if it makes it an ex post facto law.
  2. If the laws are remedial in nature.
  3. If the statute is penal in nature provided that it is favorable to the accused and provided further that the accused or convict is not a habitual delinquent as defined under Art. 22, RPC.
  4. If the laws are of an emergency nature and are authorized by the police power of the government.
  5. The law is curative.
  6. If the law creates new substantive rights, provided that it does not impair vested rights.
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11
Q

State Article 5, Civil Code.

A

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

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12
Q

What are the exceptions to Article 5, Civil Code? (4)

A
  1. When the law makes the act not void but merely voidable.
  2. When the law makes the act valid but subjects the wrong doer to criminal responsibility.
  3. When the law makes the act itself void, but recognizes some legal effects flowing therefrom.
  4. When the law itself makes certain acts valid although generally they would have been void.
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13
Q

State Article 6, Civil Code.

A

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.

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14
Q

What are the exceptions to the general rule that rights may be waived? (2)

A
  1. When the waiver is contrary to law, public order, public policy, morals, or good customs.
  2. When the waiver is prejudicial to a third person with a right recognized by law.
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15
Q

This refers to the power or privilege given to one person and as a rule demandable of another.

A

Right

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16
Q

What are the two (2) kinds of right?

A
  1. Real rights (absolute)

2. Personal rights (relative)

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17
Q

What is a waiver?

A

Waiver is the intentional or voluntary relinquishment of a known right.

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18
Q

What are the requisites of a valid waiver?

A
  1. The person waiving must be capacitated to make the waiver.
  2. The waiver must be made clearly, but not necessarily express.
  3. The person waiving must actually have the right which he is renouncing.
  4. In certain instances, the waiver must comply with the formalities of a donation. (e.g. express remission of a debt owned in favor of the waiver).
  5. The waiver must not be contrary to law, morals, public policy, public order, or good customs.
  6. The waiver must not prejudice others with a right recognized by law.
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19
Q

What are the two (2) types of repeal?

A
  1. Express repeal

2. Implied repeal

20
Q

What is the effect if the general law is enacted prior to the special law?

A

The special law is considered the exception to the general law.

21
Q

What is the effect if the general law was enacted after the special law?

A

The special law remains unless:

a. There is an express declaration to the contrary,
b. or there is clear, necessary and unreconcilable conflict.
c. or the subsequent general law covers the whole subject and is clearly intended to replace the special law.

22
Q

What is the effect if the law (B) that expressly repealed a previous law (A) is repealed by a new law (C)?

A

The previous law is not revived unless the new law expressly so provides.

23
Q

What is the effect if the law (B) that repealed a previous law (A) by implication is repealed by a new law (C)?

A

The previous law (A) is revived unless the new law provides otherwise.

24
Q

Are judicial interpretations laws?

A

No but they become part of the law as of the date that law was originally passed.

25
Q

How may judicial decisions be abrogated?

A
  1. By contrary ruling by the Supreme Court

2. Or by corrective legislative acts of Congress

26
Q

What is the Doctrine of Stare Decisis?

A

The Doctrine of Stare Decisis or “adherence to precedents” states that once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner.

27
Q

May a judge decline to render judgment because the law is insufficient?

A

No.

Article 9 provides that “No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws.

28
Q

What rule may a judge apply in deciding a case if the law is silent, obscure or insufficient?

A

A judge may apply any rule he desires as long as the rule chosen is in harmony with general interest, order, morals, and public policy.

29
Q

State Article 10, Civil Code.

A

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

30
Q

State Article 11, Civil Code.

A

Customs which are contrary to law, public order or public policy shall not be countenanced.

31
Q

What is custom?

A

A custom is a rule of human action established by repeated acts, and uniformly observed or practiced as a rule of society and which is generally obligatory and legally binding.

32
Q

What are the requisites before the courts can consider cutoms?

A

The requisites before the courts can consider customs are the following:

  1. Must be proved as a fact.
  2. Must not be contrary to law, public order, or public policy
  3. There must be a number of repeated acts.
  4. The repeated acts must have been uniformly performed.
  5. There must be a conviction in the community that it is the proper way of acting.
  6. Sufficient lapse of time - as evidence of the fact that it exists and is being duly observed.
33
Q

Differentiate law from custom.

A

Law is unwritten, consciously made, and enacted by congress while custom is unwritten, spontaneous, and comes from society. Also, law is superior to custom as a source of right.

34
Q

State Article 12, Civil Code.

A

A custom must be proved as a fact, according to the rules of evidence.

35
Q

List two (2) presumptions under Article 12.

A
  1. It is presumed that a person acts according to the custom of the place.
  2. A custom is presumed not to exist when those who should know, do not know.
36
Q

What are the kinds of customs?

A
  1. General or local

2. Propter legem or contra legem or extra legem.

37
Q

State Article 14.

A

Penal laws and those of public security and 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.

38
Q

What is the theory of territoriality?

A

The theory of territoriality states that any offense committed within our territory offends the state.

39
Q

What are the two (2) exceptions recognized in Article 14?

A

The two (2) exceptions are:

  1. The principles of public international law.
  2. The presence of treaty stipulations.
40
Q

State Article 15, Civil Law.

A

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.

41
Q

What law governs the capacity to enter into an ordinary contract?

A

The national law of the person governs the capacity to enter into an ordinary contract.

42
Q

State Article 16, Civil Law.

A

Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both 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.

43
Q

What rule governs real or personal property?

A

Lex rei sitae (Law of the place where the property is situated) - Art. 16 (1).

44
Q

What is one important exception to the lex situs rule?

A

One exception occurs in the case of successional rights. The following matters are governed, not by lex situs, but by the national law of the deceased [Art. 16 (2)]:

  1. Order of succession
  2. Amount of successional rights
  3. Intrinsic validity of the provisions of a will
  4. Capacity to succeed
45
Q

What is lex loci celebrationis?

A

Art. 17 (1) lays down the rule of lex loci celebrationis insofar as extrinsic validity. “The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed”.

46
Q

State Article 18, Civil Code.

A

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

47
Q

What are the instances when the Civil Code declares itself superior to special laws?

A
  1. Common carriers

2. Insolvency

PFR (6 decks)

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