Define/Distinguish

Question 1

The Clause “unless it is otherwise provided”

Answer 1

refers to the 15-day period not the publication. Publication is an indispensable requisite.

Question 2

On the 15th day clause

Answer 2

“after” its publication meaning its effectivity is on the 16th day thereafter.

Question 3

Publication not required “SILI”

Answer 3

Supreme court decisions
Interpretative regulations
Letters of Instruction
Internal in nature

Question 4

Ignorantia Legis non Excusat

Answer 4

Ignorance of the law excuses no one Art. 3 CC

Question 5

Doctrine of Processual Presumption

Answer 5

Where a foreign law is not pleaded or, even· if
pleaded is not proved, the presumption is that the
foreign law is the same as ours

Question 6

Retroactive Law

Answer 6

also known as “ex post facto law” it is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

Question 7

Mandatory Law

Answer 7

if the law demands something to be done, it is mandatory. Generally these laws contains words of “shall” or “must”.

Question 8

Prohibitory Law

Answer 8

the law commands that something should not be done because they are illegal or void.

Question 9

Operative Fact Doctrine

Answer 9

recognizes the existence of the law or executive act prior to the determination of its unconstitutionality as an operative fact that produced consequences that cannot always be erased, ignored or disregarded. In short, it nullifies the void law or executive act but sustains its effects.

Question 10

Doctrine of Stare Decisis

Answer 10

“to stand by things decided” it is a judicial doctrine under which a court follows the principles, rules, or standards of its prior decisions or decisions of higher tribunals when deciding a case with arguably similar facts.

Question 11

No Retroactive Effect

Answer 11

When a doctrine of the Supreme Court is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not prejudice parties who relied on the old doctrine.

Question 12

Judicial legislation

Answer 12

is defined as the move of a court to step in to craft missing parts, to fill in the gaps in laws, or when it oversteps its discretional boundaries and goes beyond the law to coin doctrines or principles which are not previously established.

Question 13

Customs

Answer 13

must be proved as a fact according to the rules of evidence

Question 14

Counting period rule FELI

Answer 14

First day Excluded Last day Included

Question 15

Lex loci rei sitae

Answer 15

The law of the country where the property is situated shall govern property transactions.

Question 16

Lex loci celebrationis

Answer 16

Forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

Question 17

Lex loci nationalii

Answer 17

Nationality rule Art. 15 of the civil code

Question 18

Renvoi

Answer 18

takes place when the conflicts rule of the forum makes a reference to a foreign law, but the foreign law is found to contain a conflict rule that returns or refers the matter back to the law of the forum

Question 19

Doctrine of Processual Presumption

Answer 19

If the foreign law is not properly alleged and proved, the presumption is that it is the same as our law.

Question 20

suum jus summa injuria

Answer 20

the abuse of a right is the greatest possible wrong

Question 21

volenti non fit injuria

Answer 21

it refers to the self-inflicting injuries which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger

Question 22

damnum absque injuria

Answer 22

“Damage without Injury” a person who exercises his legal right does no injury as long as he doesn’t necessarily prejudices another.

Question 23

acts contra bonus mores

Answer 23

Against good morals Art. 21 of the Civil Code

Question 24

Unjust Enrichment

Answer 24

Art. 22 of the civil code when a things acquired at the expense of another shall return the same to him

Question 25

Solution indebiti

Answer 25

Art. 2154 If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

Question 26

General Rule of Art. 36 of the civil code

Answer 26

If both criminal and civil cases are filed in court, the criminal case takes precedence except if it is a prejudicial question.

Question 27

Prejudicial Question

Answer 27

It arises when the resolution of a case is dependent on the resolution of an issue involved in another case.
The criminal case is suspended, because the issues in the civil case are determinative of the outcome of the criminal case.

Question 28

Note about Art. 36 CC

Answer 28

There is no prejudicial question if the case is administrative and the other one is civil

Question 29

Independent Civil Actions CD-RQ

Answer 29

Constitutional (Art. 32)
DeFraP (Art. 33)
Refusal of the police (Art. 34)
Quasi-delict (Art. 2177)

Question 30

Civil Personality

Answer 30

Any being, natural or artificial, capable of possessing legal rights and obligations.

Question 31

Two kinds of persons

Answer 31

Natural - created by God

Juridical - created by Law

Question 32

Restrictions on Capacity to Act MIID-PC

Answer 32

Minority
Insanity
Imbecility
Deaf
Prodigality
Civil Interdiction

Question 33

absence of 2 witnesses

Answer 33

irregularity

Question 34

In case a Filipino contracts a marriage outside the Philippines and the marriage is null and void

Answer 34

the same shall also be null and void in the Philippines even if such was valid if celebrated under Philippine Laws.

Question 35

If both foreigners

Answer 35

lex locii celebrationis is applied Art. 17 of the Civil Code

Question 36

File for declaration of nullity

Answer 36

only for the spouses, the heirs could only question the validity of marriage on the proceeding for the settlement of the estate of the deceased spouse

Question 37

No Prejudicial Question

Answer 37

on concubinage

Question 38

Judicial Declaration of nullity is not needed where

Answer 38

no marriage ceremony at all was performed by the solemnizing officer, as where the parties merely signed without the presence of the solemnizing officer

Question 39

reappearance without sworn statement

Answer 39

no effect on the subsequent marriage

Question 40

Requisites of Psychological Incapacity GAI

Answer 40

Gravity
Antecedence
Incurability

Question 41

Moral Damages on Psychological Capacity is Valid?

Answer 41

NO. Spouse only entitled to damages when it is deliberate, negligent or malice

Question 42

Res judicata

Answer 42

a matter that has been adjudicated by a competent court and may not be pursued further by the same parties “a matter decided”