Effect and Application of Laws

Question 1

When laws take effect, General Rule?

Answer 1

15 days after completion of publication in OG or newspaper of general circulation

Question 2

When laws take effect, Exception?

Answer 2

The law can provide for its own date of effectivity.

Question 3

Is the publication mandatory?

Answer 3

Yes, even if the law provides its own date of effectivity

Question 4

Is partial publication deemed published?

Answer 4

Publication must be in full. Otherwise, deemed unpublished since its purpose is to inform the public of its contents.

Question 5

What is the effect of publication?

Answer 5

The people are notified of the law

even if they have not read them.

Question 6

What are those covered by publication requirement?

Answer 6

PD, EO, Rules and Regulations, if their purpose is to enfore or implement existing law pursuant to valid legislation.

Question 7

What are those not covered by publication requirement?

Answer 7

Regulations internal in nature, letter of instructions and municiapl ordinances.

Question 8

Rationale of publication?

Answer 8

Ignorance of the law excuses no one from compliance therewith

Question 9

What is RETROACTIVITY?

Answer 9

laws does not look back, but look forward.

Question 10

Exception of RETROACTIVITY?

Answer 10

PIERCER. Penal Laws, Interpretative Laws, Emergency Laws, Remedial Laws, Curative Statutes, Expressly provided by Law, and .

Question 11

Exception to the exception of RETROACTIVITY

Answer 11

Ex post facto law and retroactivity impairs the obligation of contract

Question 12

True or False? Acts Violating Mandatory or Prohibitory Laws are VOID

Answer 12

True

Question 13

-

Answer 13

-

Question 14

What are the REQUISITIVES of a Valid Waiver?

Answer 14

RCCLF. Existing Right, Capacitated, waiver made in a Clear and unequivocal manner, not contrary to Law, and Formalities complied with.

Question 15

Express repeal?

Answer 15

Repeal of repealing law will not revive the old law (unless expressly provided).

Question 16

Implied repeal?

Answer 16

The provisions of the subsequent law are incompatible with those of the previous law.

Question 17

Requisites of Repeal of Laws?

Answer 17

Both laws cover the same subject matter; and

The latter law is repugnant to the earlier law.

Question 18

CUSTOMS?

Answer 18

Social rule, legally binding and obligatory

Question 19

A court can consider local custom as a source of right? True or false.

Answer 19

False

Question 20

T & F. Juridicial custom can supplement statutory law or applied in the absence of such statute. Not so with social custom.

Answer 20

True

Question 21

T & F. Custom, even if proven, cannot prevail over a
statutory rule or even a legal rule enunciated by
Supreme Court.

Answer 21

True

Question 22

STARE DECISIS?

Answer 22

Requires courts to follow the rule established in earlier SC decisions

Question 23

Penal Laws? what principle applies?

Answer 23

principle of territoriality applies, those of public security and safety – obligatory upon all who live or sojourn in the Philippines

Question 24

Status Laws?

Answer 24

Principle of nationality applies, Laws relating to family rights and duties or to the status, condition and legal capacity of persons binding upon Filipino citizens even though living
abroad.

Question 25

Exeption of Status Laws?

Answer 25

Art. 26 (2). Family Code.

Question 26

Laws on property?

Answer 26

Lex Rei Sitae: real property as well as personal property is subject to the law of the country where it is situated.

Question 27

Laws on forms and solemnities?

Answer 27

Lex Loci Celebrationis applies

Question 28

RULES ON INSTRINSIC VALIDITY OF CONTRACTS: | Law stipulated by parties shall be applied or not?

Answer 28

Yes, shall be applied.

Question 29

RULES ON INSTRINSIC VALIDITY OF CONTRACTS: | the parties are of different nationalities?

Answer 29

the law of the place of the perfection of the obligation or of the performance shall govern its fulfillment

Question 30

RULES ON INSTRINSIC VALIDITY OF CONTRACTS: the parties are of different nationalities and the above places are not specified and they cannot be deduced from the nature and circumstances of the obligation?

Answer 30

The law of the passive subject shall apply

Question 31

Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the internal law?

Answer 31

RENVoi DOCTRINE

Question 32

What law shall apply where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the internal law?

Answer 32

the law of forum shall apply

Question 33

What law shall apply where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the internal law?

Answer 33

the law of forum shall apply.

Question 34

Basis, Coverage and Basis of Lex Nationalis?

Answer 34

Basis: Citizenship; Covers: family rights and duties, status, condition, and legal capacity; and Exeption: Art. 26 (2) Family Code

Question 35

Basis, Coverage and Basis of Lex Rae Sitae?

Answer 35

Basis: Law of the place where the property is situated; Covers: real and personal property; Exeption: Capacity to succeed, Intrinsic validity of the will, Amount of successional rights, Order of succession; and

Question 36

Basis, Coverage and Basis of Lex Loci Celebrationis?

Answer 36

Basis: Law of the place where the contract was executed; Covers: only forms and solemnities; Exeptions: Art. 26 (1) marriage involving Filipino solemnized abroad, when such are void in the Phil, Intrinsic validty

Question 37

Formalities for the acquisition, encumbering, and alienation of property shall not be governed by? Lex Rei Sitae or Lex Loci Celebrationis?

Answer 37

Lex Loci Celebrationis

Question 38

What is DOCTRINE OF PROCESSUAL PRESUMPTION?

Answer 38

The foreign law, whenever applicable, should be proved by the proponent thereof; otherwise, such law shall be presumed to be exactly the same as the law of the forum

Question 39

Art. 19. Principle of Abuse of Rights.

Answer 39

When the right is exercised for the purpose of prejudicing or injuring another.

Question 40

Requisites of Abuse of Rights?

Answer 40

There is a legal right or duty; Which is exercised in bad faith; For the sole intent of prejudicing or injuring another

Question 41

Self-inflicted injuries or to the consent to injury which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so

Answer 41

DOCTRINE OF VOLENTI NON FIT INJURIA