Legal Q&A Flashcards
WHEN TO DECLARE AN ABSENT SPOUSE TO BE PRESUMPTIVELY DEAD?
Under Article 41 of the Family Code, a spouse can be declared presumptively dead only when he or she is absent for 4 consecutive years.
WHEN DOES AN INTEREST RATE FOR A LOAN CONSIDERED EXCESSIVE, HENCE INVALID?
In the case of Megalopolis Properties, Inc. v. D’Nhew Lending Corporation, the Supreme Court held that while there is no “numerical limit on conscionability, the rate of 3% per month or 36% per annum is three times more than the 12% legal interest rate, and therefore excessive and unconscionable.” While parties to a contract may freely agree on the stipulations, clauses, terms, and conditions as they may deem convenient, the same must not be contrary to law, morals, good customs, public order, or public policy.
CAN A PERSON WHO KNOWINGLY BUILD A STRUCTURE ON THE LAND OF ANOTHER BE ENTITLED TO DEMAND REIMBURSEMENT OF THE COST HE INCURRED IN THE CONSTRUCTION THEREOF?
No. Under Article 449 of the Civil Code, he who builds in bad faith on the land of another, loses what is built without right to indemnity. When a person is aware that there is a defect in the mode of his acquisition of the property, he is deemed to have acted in bad faith.
MAY A FOREIGN DIVORCE DECREE OBTAINED BY A FILIPINO SPOUSE, INSTEAD BY A FOREIGN SPOUSE, BE GIVEN LEGAL EFFECT IN THE PHILIPPINES?
Yes. In the case of Republic vs. Manalo (2018), the Supreme Court held that a foreign divorce decree obtained by a Filipino spouse shall be given legal effect provided that it shall be alleged and proven as a matter of fact before Philippine Courts that the same was obtained in accordance with the national law of the foreign spouse.
Sample case: In the present case, it is clear the Marydel was able to allege and prove that the divorce decree she obtained in Japan was in accordance with the national law of Jusufuki. The fact that it was Marydel, and not Jusufuki, who obtained the divorce decree is no moment. Prevailing jurisprudence has already recognized that a foreign divorce decree obtained by the Filipino spouse shall be given legal effect in our jurisdiction as long as the same is alleged and proven.
State the REVISED LAWYERS OATH.
I ite d s s t i a t h,
p,d a r o p l i t P
a a o o t c, i t i o o p.
I d f t t c o t R o t P.
I s d, I s w t p t r o l i a
r o t, j,f, l, e a p.
I s c a c w f j a w a s t r a m f o a p,
i a c
I s d n f, n s I p t l t u f
o p a.
I s f d t d a r t t
b o m a, w i a u c.
I i u m w m r n p o
e.
S h m G.
THE NEW LAWYER’S OATH
I IVY TOMENLACO ESTOR do solemnly swear that I accept the honor, privilege, duty and responsibility of practicing law in the Philippines as an officer of the court, in the interest of our people.
I declare fealty to the constitution of the Republic of the Philippines.
In so doing, I shall work towards promoting the rule of law in a regime of truth, justice, freedom, love, equality and peace.
I shall conscientiously and courageously work for justice as well as safeguard the rights and meaningful freedoms of all persons, identities and communities.
I shall ensure greater and equitable access to justice.
I shall do no falsehood, nor shall I pervert the law to unjustly favor or prejudice anyone.
I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity and utmost civility.
I impose upon myself without mental reservation nor purpose of evasion.
So help me God.
BQ
Compulsory Counterclaim vs Permissive Counterclaim
A compulsory counterclaim is one which arises out of or is connected with the transaction or occurrence constituting the subject matter of the complaint. A permissive counterclaim is one which is not a compulsory counterclaim.
If there is such a logical relationship, then the claim is compulsory.
Requisites of Res Judicata
Res judicata in this sense requires the concurrence of the following requisites: (1) the former judgment is final; (2) it is rendered by a court having jurisdiction over the subject matter and the parties; (3) it is a judgment or an order on the merits; and (4) there is – between the first and the second actions – identity of parties, of subject matter, and of causes of action.
Mallion v. Alcantara
BQ
What is the test to determine whether the Causes of Action are identical?
The test to determine whether the causes of action are identical is to ascertain whether the same evidence will sustain both actions, or whether there is an identity in the facts essential to the maintenance of the two actions. If the same facts or evidence would sustain both, the two actions are considered the same, and a judgment in the first case is a bar to the subsequent action.
Mallion v. Alcantara
G.R. No. 141528
