Persons: Effect and Application of Laws

Question 1

How can laws take effect?

Answer 1

Laws take effect after 15 days after its complete publication in the Official Gazette or in a Newspaper of general circulation in the Philippines, unless it is otherwise provided.

Question 2

What are Mandatory and Prohibitory laws?

Answer 2

1. Mandatory Laws - refers to laws that are required, and not optional or subject to discretion.
2. Prohibitory Law - refers to laws that are not to be done.

Question 3

What are the two kinds of repeal and how are they different?

Answer 3

1. Express Repeal -When express words are used in a statute to repeal an earlier statute
2. Implied Repeal - When two statues are mutually inconsistent, the earlier statute is repealed by the latter.

Question 4

What are the requisites of a valid waiver?

Answer 4

1. Person making the waiver must have the right he is waiving.
2. He must have full capacity to make the waiver.
3. Waiver must be clear and unequivocal.
4. Waiver must not be contrary to law, public order, public policy, morals
   or good customs or is prejudicial to a third person.
5. If required, formalities must be complied with.

Question 5

What is the definition of a Custom?

Answer 5

It is a rule of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding and obligatory.

Question 6

What are the elements or requisites of the Principle of Abuse of Rights or Art. 19, NCC?

Answer 6

1. There is a legal right or duty;
2. It is exercised in bad faith; and
3. It is for the sole purpose of prejudicing or injuring
   another.

Question 7

What are the two kinds of acquittals and what are their effects?

Answer 7

1. When the accused is not the author of the act or omission complained of. This instance closes the door to civil liability.
2. When the accused is acquitted based on reasonable doubt on the guilt of the accused. In this instance, he is not exempted form liability which may be proved by preponderance of evidence only.

Question 8

What are the elements of a Prejudicial Question?

Answer 8

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