Codal Provisions NCC

Question 1

Article 2

Answer 1

Laws shall take effect fifteen days following the completion of its publication in the Official Gazette or any newspaper of general circulation unless otherwise provided.

Question 2

Article 4

Answer 2

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

Question 3

Article 6

Answer 3

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 4

Article 8

Answer 4

Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines

Question 5

Article 15

Answer 5

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.

Question 6

Article 16

Answer 6

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.

Question 7

Article 19

Answer 7

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Question 8

Article 20

Answer 8

Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

Question 9

Article 21

Answer 9

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

Question 10

Article 26

Answer 10

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another’s residence;

(2) Meddling with or disturbing the private life or family relations of another; dumrrI

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Question 11

Article 17

Answer 11

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.

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.

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 ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

Question 12

Article 40.

Answer 12

Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article

Question 13

Article 41.

Answer 13

Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb.
However, if the foetus had an intra‐uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb.

Question 14

Article 44.

Answer 14

Article 44. The following are juridical persons:
(1) The state and its political subdivisions
(2) Other corporations, institutions and entities for public interest or purpose, created by law, their personality begins as soon as they have been constituted according to law
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.

Question 15

Art 42

Answer 15

Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined by law, by contract, and by will

Question 16

Article 43

Answer 16

If there is doubt, as between two or more persons who are called to succeed each other, as to which of them died first whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof it is presumed that they died at the same time and there shall be no transmission of rights one from to the other.