Civ Code - Effect and Application of Laws (Art. 1 - 18)

Question 1

What is the DOCTRINE OF PROCESSUAL PRESUMPTION (DOCTRINE OF PRESUMED-IDENTITY
APPROACH)?

Answer 1

a foreign law if not properly alleged and proved, the presumption is that it is the same as our own laws

Question 2

Exceptions to retroactivity

Answer 2

1. expressly provides
2. curative or remedial in nature
3. procedural
4. penal in character and favourable to the accused
5. substantive right is declared for the first time unless vested rights are impaired

Question 3

Exceptions to violations of mandatory and prohibitory laws

Answer 3

1. When the law makes the act not void but merely voidable
2. when the law makes the act valid, but the wrongdoer is subject to liability.
3. when the law itself makes the act valid when it should have been void
4. when the law makes the act void, but recognizes some legal effects

Question 4

What is Lapse of Law?

Answer 4

if the law provides for a period within which it will be effective, then, the lapse of the period stated by law will cause the death of such law without a need of repeal

Question 5

Requisites before customs can be considered by the Court.

Answer 5

1. they must be proved as a fact according to the rules of evidence (parol and testamentary)
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 be uniformly observed.
5. there must be a juridical intention to make it a rule of social conduct; and
6. there must be sufficient lapse of time giving evidence that said custom exits.

Question 6

What is the Theory of Territoriality?

Answer 6

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

Question 7

What is the Nationality theory?

Answer 7

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

Question 8

What is the Doctrine of Lex Rei Sitae (also known as Lex Situs)

Answer 8

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

Question 9

What is Lex Loci Celebraciones?

Answer 9

Law of the place where it is celebrated

Question 10

What is the Principle of Territoriality?

Answer 10

for acts done before Phil. diplomatic and consular offices abroad, the solemnities provided for under Phil.
law shall be followed because these offices are extensions of the Philippine territory.