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MARRIAGE > CIVIL > Flashcards

CIVIL Flashcards

1
Q

Article 2

A

Laws shall take effect after fifteen days following the completion of its publication int he official gazatte or in a newspaper of general circulation in the Philippines, unless it is otherwise provided

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2
Q

When does a law loses its effectiveness

A
  1. Repeal
  2. Unconstitutional
    3.. Self-Lapsing
  3. Unpublish
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3
Q

Differentiate Ignorance of the Law and Fact

A

Ignorance of the law = full knowledge of the facts come to an erroneous conclusion as to its legal effects
Ignorance of Fact = had the facts that the accused believed was true, he would not have committed a crime.

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4
Q

Doctrine of Processual Presumption

A

In international law, the party who wants to have a foreign law applied to a case has the burden of proving the foreign law

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5
Q

What is the intent of preventing Retroactive effect of laws

A

The rule is intended to protect vested rights.
1. No facto law or bill of attainder to be enacted
2. No law impairing obligations of contracts

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6
Q

XPN on laws having no retroactive effect

A
  1. tax laws
  2. interpretative laws
  3. laws creating substantive rights
  4. curative statutes
  5. remedial procedural laws
  6. emergency laws
  7. when expressly provided
  8. penal laws favorable to the accused, provided that he is not habitual
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7
Q

Requisites of a Valid Waiver

A
  1. Full capacity to make the waiver
  2. Waiver must be unequivocal
  3. Right must exist at the time of the waiver
  4. Not contrary to law, public policy, moral or good customs
  5. Not prejudicial to a third person with right recognized law
  6. When formalities are required, the same be complied with
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8
Q

Fundamental right that may be waived

A
  1. Right to counsel
  2. Right to remain silent
  3. Right to bail
  4. Ordinary private rights
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9
Q

Waiver

A

a voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege.

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10
Q

When does law cease to be EFFECTIVE?

A
  1. self-cancellation
  2. Unconstitutional
  3. Repealed
  4. Unpublished
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11
Q

2 ways of repealing laws

A
  1. Express Repeal - identify or designate laws to be abolished
  2. Implied Repeal - rest on the presumption that just because the old and new laws are incompatible to each other there is an intention to repeal
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12
Q

Can an implied repeal be revive?

A

Yes, in case of implied repeal, there is revival but in cases of express repeal there is no revival.

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13
Q

What is Obiter Dictum

A

opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it.

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14
Q

Requisites to make a custom an obligatory rule

A
  1. Plurality or repetition of facts
  2. Community accepts it as a proper way of acting, considering it obligatory
  3. Continued Practice for a long time
  4. Practiced by a great mass of the social group
  5. proved as a fact
  6. not contrary to public order or policy
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15
Q

What are Customs

A

rules of conduct, legally binding and obligatory, formed by repetition of acts, uniformly observed as a social rule.

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16
Q

Does consuls have immunities?

A

No, because they are only appointed to represent commercial interest of the citizens appointing country.

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17
Q

What is Status, Condition, and Legal Capacity?

A

Status = legal situation of a person in view of his age, nation, and family membership
Condition = State of being state or situation, status or rank
Legal Capacity of Persons = the legal power to enter into a binding obligations or to enjoy privileges of a legal status

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18
Q

What are laws that are binding even though living in abroad?

A

laws relating to family rights and duties, status, condition, and legal capacity.

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19
Q

What is Lex Rie Sitae

A

provides that property shall be governed by the law of the place where it is situated

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20
Q

What is Remission?

A

Single Renvoi, refers the matter back to the law of the forum

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21
Q

What is Transmission?

A

Double Renvoi, reference made to a third state

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22
Q

Can a foreign will be given legal effects in our jurisdiction?

A

a will of an alien who is abroad produces effect in the Philippine if made in accordance with the formalities prescribed by the law of the place where he resides or according to the formalities observed in his country.

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23
Q

What is Forum Non Conveniens

A

refusal to assume jurisdiction because it would prove inconvenient for the forum.

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24
Q

What is the doctrine of processual Presumption

A
  1. when foreign law has not been properly proved, it may be presumed that foreign law is as the same as the law of the forum
  2. Applies when foreign law is not alleged or if alleged it is not proved
  3. Ph courts may take judicial notice of a foreign law
25
Q

What is the principle of lex loci Celebrationis

A

matters bearing upon execution interpretation and validity of a contract are determined by law of the place where the contract is made

26
Q

What is the Principle of Exterritoriality

A

extension of territory of a country in another country which extension is recognized under international law

27
Q

When doe a right end?

A

the exercise of a right ends when the right disappears, and it disappears when it is abused, especially to the prejudice of others. It cannot be said that a person exercises a right when he unnecessarily prejudices another or offends morals or good customs

28
Q

Summum jus summa injuria

A

the abuse of right is the greatest possible wrong

29
Q

Elements of abuse of rights

A
  1. legal right or duty
  2. such duty is exercise in bad faith
  3. it is for the sole intent of prejudicing or injurig another
  4. Absence of Good faith
30
Q

Damnum Absque Injuria

A

Damage with injury, one who merely exercise one’s right does no actionable injury and cannot be held liable for damages.

31
Q

Difference of Injury and Damage

A

Injury is illegal invasion of a legal right and Damage is loss hurt of harm which results from the injury

32
Q

Difference of Art 19 and 20?

A

Article 19 lays down the rule of conduct without a remedy Article 20 is an action for damages

33
Q

General Sanction for negligence or willful damage

A

indemnification for damages.

34
Q

What are Contra Bonus Mores

A

any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate that latter for damage.

35
Q

Elements of an action under art 21

A
  1. there is an act which is legal
  2. the act is contra bonus mores
  3. done with intent to injure
36
Q

Requisites for malicious prosecution under the New Civil Code

A

1.prosecutor acted without probably cause
2. prosecutor was actuated or impelled by legal malice

37
Q

What is unjust enrichment

A

act/performance by another/ any other means acquire/ come into possession of something at the expense of the latter

38
Q

Art 21 applies only if

A
  1. someone acquires something by means delivery or acquisition of things
  2. acquisition is undue at the expense of another or without just ground
39
Q

What is Accion in rem verso

A

remedy for unjust enrichment

40
Q

What is Solutio Indebti

A

payment was made by mistake is the essential element to maintain the action for recovery

41
Q

Requisites for Solutio Indebti

A
  1. defendant enriched
  2. plaintiff suffered loss
  3. enrichment of defendant is without just or legal ground
  4. no other action based on contract, crime, quasi-delict, quasi-contract
42
Q

Diff of solutio indebti and accion in rem verso

A

solutio indebti - where mistake is an essential element
accion = not necessary that there has been a mistake in payment

43
Q

What is the principle of Gross ignorance of the law

A

conclusive presumption knowledge of the law

44
Q

-What is parent patriae

A

inherent power and authority of state to provide protection of the person and property of a person non sui juris

45
Q

contract of adhesion

A

people enter contract with ready papers and just fill up and sign it

46
Q

Requisities for filing action to stop extravagance

A
  1. thoughtless extravagance in expenses
  2. extravagance is for pleasure or display
  3. period of acute public want or emergency
  4. case is filed in court by a govt institution or private charitable institution
47
Q

Unfair Competition

A

employment of deception or any other means contrary to good faith

48
Q

Rules on Implied Institution

A

the civil action for the recovery shall be deemed instituted with the criminal action unless the offended party

49
Q

what is evidence required for Art 33 to hold a person liable for damages

A

preponderance of evidence

50
Q

What is juridical Capacity

A
  • acquired upon birth of a person terminated only upon death
  • fitness to be subject of legal relations
  • enough that a person exists
  • inherent and ineffaceble attribute
51
Q

Capacity to act

A
  • not inherent and attained or conferred
  • it can be lost by any valid cause provided by law
  • power to do acts with legal effect
    -restriction ART 38 AND 39
52
Q

Civil PERSONALITY

A
  • external manifestation of either juridical capacity or capacity to act
53
Q

Restriction on Capacity to act accd to art 38

A

(MIDIPC)
1. Minority
2. Imbecility
3. Deaf-mute
4. Insanity
5.Prodigcality
6. Civil Interdiction

54
Q

Circumstances that limits Capacity to Act

A

(IPAIDFATPIA)
1. Insanity
2. Prodigality
3. Age
4. Imbecility
5. Deaf-Mute
6. Family Relations
7. Alienage
8. Trusteeship
9. Penalty
10. Insolvency
11. Absence

55
Q

What determines personality?

A

birth determines personality but the conceived child is considered born for all purpose favorable to it.

56
Q

When is a person Born?

A
  • alive at th etime completely delivered from the mother’s womb. cutting of umbilical cord if they have an intra uterine life
57
Q

Rights of a conceived child

A

a. RIght to support
b. Right to be acknolwedged
c. Right to receive donations

58
Q

Survivorship Rule

A

applied when there is succession involved
- person who alleged death of one has burden of proving it
-presumption is they died at the same time

MARRIAGE (2 decks)

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