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PFR Mid Term > Effect and Application of Laws > Flashcards

Effect and Application of Laws Flashcards

1
Q

When laws take effect, General Rule?

A

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

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2
Q

When laws take effect, Exception?

A

The law can provide for its own date of effectivity.

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3
Q

Is the publication mandatory?

A

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

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4
Q

Is partial publication deemed published?

A

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 Otherwise, deemed unpublished since its purpose is to inform the public of its contents.

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5
Q

What is the effect of publication?

A

The people are notified of the law

even if they have not read them.

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6
Q

What are those covered by publication requirement?

A

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

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7
Q

What are those not covered by publication requirement?

A

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

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8
Q

Rationale of publication?

A

Ignorance of the law excuses no one from compliance therewith

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9
Q

What is RETROACTIVITY?

A

laws does not look back, but look forward.

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10
Q

Exception of RETROACTIVITY?

A

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

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11
Q

Exception to the exception of RETROACTIVITY

A

Ex post facto law and retroactivity impairs the obligation of contract

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12
Q

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

A

True

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13
Q

-

A

-

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14
Q

What are the REQUISITIVES of a Valid Waiver?

A

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

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15
Q

Express repeal?

A

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

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16
Q

Implied repeal?

A

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

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17
Q

Requisites of Repeal of Laws?

A

Both laws cover the same subject matter; and

The latter law is repugnant to the earlier law.

18
Q

CUSTOMS?

A

Social rule, legally binding and obligatory

19
Q

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

A

False

20
Q

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

A

True

21
Q

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

A

True

22
Q

STARE DECISIS?

A

Requires courts to follow the rule established in earlier SC decisions

23
Q

Penal Laws? what principle applies?

A

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

24
Q

Status Laws?

A

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.

25
Q

Exeption of Status Laws?

A

Art. 26 (2). Family Code.

26
Q

Laws on property?

A

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

27
Q

Laws on forms and solemnities?

A

Lex Loci Celebrationis applies

28
Q

RULES ON INSTRINSIC VALIDITY OF CONTRACTS:

Law stipulated by parties shall be applied or not?

A

Yes, shall be applied.

29
Q

RULES ON INSTRINSIC VALIDITY OF CONTRACTS:

the parties are of different nationalities?

A

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

30
Q

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?

A

The law of the passive subject shall apply

31
Q

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

A

RENVoi DOCTRINE

32
Q

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?

A

the law of forum shall apply

33
Q

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?

A

the law of forum shall apply.

34
Q

Basis, Coverage and Basis of Lex Nationalis?

A

Basis: Citizenship;

Covers: family rights and duties, status, condition, and legal capacity; and

Exeption: Art. 26 (2) Family Code

35
Q

Basis, Coverage and Basis of Lex Rae Sitae?

A

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

36
Q

Basis, Coverage and Basis of Lex Loci Celebrationis?

A

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

37
Q

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

A

Lex Loci Celebrationis

38
Q

What is DOCTRINE OF PROCESSUAL PRESUMPTION?

A

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

39
Q

Art. 19. Principle of Abuse of Rights.

A

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

40
Q

Requisites of Abuse of Rights?

A

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

41
Q

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

A

DOCTRINE OF VOLENTI NON FIT INJURIA

PFR Mid Term (5 decks)

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