Persons and Family Relations

Question 1

Two (2) types of laws to which “ignorantia non excusat” applies

Answer 1

1) Mandatory laws

2) Prohibitory laws

Question 2

Ten (10) EXCEPTIONS to the “non-retroactivity” of laws

Answer 2

1) Unless the law provides otherwise
2) Curative statutes
3) Interpretative statutes
4) Procedural/Remedial statutes
5) Emergency laws
6) Laws creating new rights
7) Tax laws
8) EX POST FACTO LAW
9) BILL OF ATTAINDER
10) LAWS THAT IMPAIR OBLIGATION OF CONTRACTS

Question 3

Three (3) EXCEPTIONS to the “acts contrary to law”

Answer 3

1) When the law itself authorized its validity (ex. lotto, sweepstakes)
2) When the law makes the act only voidable and not void (ex. voidable contract where consent is vitiated)
3) When the law makes the act valid but punishes the violator (ex. marriage solemnized by a person without legal authority)

Question 4

Three (3) requisites for the waiver of rights

Answer 4

1) Existence of a right
2) Knowledge of the existence of a right
3) Intention to relinquish the right

Question 5

Two (2) exemptions to “waiver of rights”

Answer 5

1) If the waiver is contrary to law, public order, public policy, morals or good customs (LPPMG)
2) If the waiver is prejudicial to a third party with a right recognized by law.

Question 6

Three (3) elements of an abuse of right

Answer 6

1) There is a legal right;
2) Which is exercised in bad faith;
3) For the sole intent of prejudicing or injuring another.

Question 7

Three (3) elements of act contra bonus mores

Answer 7

1) There is an act which is legal;
2) But which is contrary to morals, customs, public order;
3) And it is done with intent to injure.

Question 8

Two (2) requisites for judicial questions

Answer 8

1) Previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and
2) The resolution of such issue determines whether or not the criminal action may proceed

Question 9

Two (2) characteristics of “presumed personality”

Answer 9

1) Limited

2) Conditional / Provisional

Question 10

Two or more persons, called to succeed each other, shall be presumed to have died at thesame time, subject to the following three (3) conditions

Answer 10

1) parties are heirs to one another
2) no proofs as to who died first
3) with doubt as to who died first

Question 11

Two (2) elements of domicile

Answer 11

1) Physical presence in a fixed place

2) Intention to remain permanently (animus manendi)