General Principles

Question 1

When did the Civil Code took effect?

Answer 1

🍑
August 30, 1950

Question 2

How many days before a law takes effect?

Answer 2

🍑
15 days following the completion of its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.

Question 3

True or False. Publication of laws is not indispensable and can be dispensed with.

Answer 3

False.
Publication of laws is indispensable and cannot be dispensed with in line with due process.

Question 4

When is the effectivity of the law when it provides, “immediately upon approval.”

Answer 4

It should be construed as becoming effective immediately upon its complete publication.

Question 5

What is the effect when a foreign law was not specifically alleged and not proved?

Answer 5

The courts will presume that the foreign law is the same as our local or domestic or internal law.

This is known as the doctrine of processual presumption or the doctrine of presumed-identity approach in international law.

Question 6

LEGAL JARGON: What does lex prospicit, non respicit mean?

Answer 6

🍑 The law looks forward, not backward.

Question 7

Five (5) Exceptions to non-retroactivity of laws.

Answer 7

[1] when the law itself provides for it’s retroactivity, unless the retroactive application of a statute will make it an ex post facto law or will result in the impairment of obligation of contracts, in which case, it cannot be given retroactive effect;

[2] when penal law is favorable to the accused, unless the convicted felon is a habitual delinquent, in which case, it cannot be given retroactive application;

[3] when the law is remedial or procedural in nature, because no vested right may attach to nor arise from procedural laws;

[4] when the law is curative in character (curative statutes are retroactive) ;

[5] when the law creates a new substantive rights.

Question 8

Requisite for valid waiver of rights:

Answer 8

[1] the person making the waiver possesses the right;

[2] that he has the capacity and power to dispose of the right;

[3] that the waiver must be made in a clear and unequivocal manner (it can be expressly or impliedly);

[4] the waiver is not contrary to law, public policy, public order, morals, good customs, or prejudicial to a third person with a right recognized by law.

Question 9

What are the (4) statutes that must be published?

Answer 9

1. Those of local application, even the charter of a city;
2. Private laws
3. Circulars of the Monetary Board if they are not meant merely to interpret but to “fill in the details” of the Central Bank; and
4. Administrative rules and regulations if their purpose is to enforce of implement existing law.

Question 10

What is the difference between ignorance of law and ignorance of fact? [civil code. art 3]

Answer 10

IOTL is no excuse for not complying with the law, while IOTF eliminates criminal intent as long as there is no negligence.

Under IOTL, mistake on a doubtful or difficult questions of law may be the basis of good faith, while under IOTF, mistake of fact may vitiate consent in a contract and make it voidable.

Question 11

Do laws have a retroactive effect?

Answer 11

None. As a general rule, laws shall not have a retroactive effect. [civil code, art. 4]

Question 12

When may the application of laws be retroactive? (OFTEN-PIC)

Answer 12

1. Otherwise provided
2. Favorable to the accused
3. Tax laws
4. Emergency Laws
5. New rights - Laws creating new rights
6. Procedural or remedial laws
7. Interpretative of a statute - An administrative rule interpretative of a statute
8. Curative law.

Question 13

What is the status of an act that is contrary to mandatory or prohibitory laws?

Answer 13

Void.
As a general rule, acts contrary to mandatory and prohibitory laws are void. [cc, art 5]

Question 14

Can rights be waived?

Answer 14

Yes.
The general rule is that right can be waived. [cc, art 6]

Waivers are not presumed, but must be clear and convincingly shown, either by express stipulation or acts admitting no other reasonable explanation.

Question 15

What are the requisites in order for the waiver of rights to be valid?

Answer 15

(KI-CAC-FNoNo)

1. KI - Knowingly and Intelligently - The waiver is made knowingly and intelligently and must be illustrated on the record or by evidence;
2. C - Capacitated - The person waiving must be capacitated to make the waiver;
3. A - Actually have the right - The person waiving must actually have the right which he is renouncing;
4. C - Clearly - The waiver must be made clearly;
5. F - Formalities required by law - The waiver must comply with the formalities required by law;
6. No - Not contrary to law, morals, public policy, public order or good customs; and
7. No - must Not prejudice others.

Question 16

When is a waiver of right invalid?

Answer 16

1. if the waiver is contrary to law, public order, public policy, morals or good customs;
2. if the waiver is prejudicial to third party with a right recognized by law;
3. Alleged rights which really do not yet exists, (inheritance)
4. if the right is a natural right, such as right to life.

Question 17

What is a custom?

Answer 17

A custom is a rule of human action, established by repeated acts, and uniformly observed or practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.

Question 18

What are the requisites before the courts can consider the customs of the place in deciding a case?

Answer 18

1. A custom must be proved as a fact, according to the rules of evidence
2. There must be a number of repeated acts;
3. The repeated acts must have been uniformly performed;
4. It must not be contrary to law, public order, or public policy;
5. there must be a juridical intention to make a rule of social conduct; and
6. there must be a sufficient Lapse of time.

Question 19

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