Persons and Family Relations Part 1

Question 1

Civil Law

Answer 1

___________

Question 2

Republic Act 386 Effectivity Date

Answer 2

August 30, 1950

Question 3

Effectivity of Laws

Answer 3

When a statute does not explicityly provide for its effectivity, it shall have effect only after the EXPIRATIONof the fifteen-day period following the completion of its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.

Publication must be in full or it is not publication at all

Question 4

What should be published

Answer 4

1. Presidential decrees and executive orders promulgated by the President
2. Administrative rules and regulations if their purpose is to enforce
3. Laws public in nature and for general application

Question 5

What need not be published

Answer 5

1. Interpretative regulations and those merely internal in nature relationg to personnel of administrative agencye and not the public
2. Letter of instructions
3. Circulars issued by monetary board if they are meant not merely to interpret but to fill in the details of the Central bank act

Question 6

Unless otherwise provided in Article 2 refer to

Answer 6

solely refer to the fifteen day period and not to the requirement of publication. Publication is indispensable requisite; absence of which will not render the law effective

Question 7

Rule when the law provides for a shorter or longer effectivity period

Answer 7

If the law provides for a different period than the fifteen-day period provided in EO No 200, then the shorter or longer period as the case may be, will prevail.

Question 8

Rule when the law provides that it shall take effect immediately

Answer 8

It means that it shall take effect immediately AFTER PUBLICATION with the fifteen day period being dispensed with.

Question 9

Article 3. Ignorance of the law excuses no one from the compliance therewith

Answer 9

Applies only to MANDATORY and PROHIBITORY LAWS

- founded not only on expediency but also on necessity

Question 10

The following instancces when a law may be given retroactive effect

Answer 10

1. When the law expressly provides for retroactivity
2. when the law is curative or remedial
3. When the law is procedural
4. when the law is penal and favorable to the accused

Question 11

What is a waiver

Answer 11

Waiver is the intentional relinquishment of a known right. Waivers are not presumed, but must be clearly and convincingly shown, either express stipulation or acts admitting no other reasonable expalantion

Question 12

Prohibition against waiver

Answer 12

Cannot be made if they are contrary to law, public order, public policy, morals or good customs, or prejudicial to third person with a right recognized by law

Question 13

Requisites of a valid waiver

Answer 13

1. He must have full capacity to make the waiver
2. Waiver must be clear and unequivocal
3. Must have the RIGHT which he is renouncing
4. Waiver must NOTBE PREJUDICIAL to a third person with a right recognized by law
5. Waiver must bot be contrary to law, public order, public policy, morals or good customs
6. Formalities are required as in the case of express condonation of debt, the formalities must be complied with

Question 14

Repeal

Answer 14

legislative act of abrogating throug subsequent law that effects of a previous statute or portions thereof.

Express - one that is expressly declared by a new law, either in specific terms, as where particular laws and provisions are named and identified and declared to be repealed, or in general terms, as where a provision in a new law declares all laws and parts of laws inconsistent therewith to be repealed
Implied - contains provision contrary to or inconsistent with those of the former without expressly repealing them

Question 15

Article 31 is not an independent Civil Action

Answer 15

An independent Civil Action is an action that is based upon the same criminal act as in the case of Article 32, 33, 34.

When the civil action is based upon an obligation not arising from the criminal act but from a different source is not an independent civil action within the meaning of Article 32, 33 and 34

Question 16

Article 37 of the Civil Code

Answer 16

Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.

Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Question 17

Capacity to act

Answer 17

it is not inherent in a person
- it is attained or conferred and, therefore, it can likewise be lost not only by death of the person byt by any valid cause provided by law

Question 18

Unborn Child

Answer 18

A conceived child, although as yet unborn, is given by law a provisional personality of its own for all purposes favorable to it, as explicity provided in Article 40 of the Civil Code of the Philippines.

Unborn child has the right to support from its progenitors,.

Conceive child may receive donations even if yet unborn.

It being ignored in the testatament may result in preterition of a forced heir that annuls the institution of the testamentary heir, even if such child should be born after the death of the testator

Question 19

Validity of Marriage

Answer 19

Tested by the law in force at the time the marriage was contracted. The nature of the marriage already celebrated cannot be changed by a subsequent amendment to the law