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Civil Law > Preliminary Title > Flashcards

Preliminary Title Flashcards

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1
Q

curative statutes

A

… provided no impairment of vested right

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2
Q

exceptions for prospectivity; when retroactivity of law is allowed.

A

when EXPRESSLY provided doesn’t impair vested rights curative/remedial… provided doesn’t impair vested rights law is PROCEDURAL (e.g. prescribing form of pleadings)… may apply to existing cause of action/PENding action, PENAL statute (e.g. lesser penalty) when favorable to accused who’s NOT a habitual delinquent… even though serving sentence

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3
Q

example of mandatory law

A

impugning legitimacy of a child

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4
Q

rights that CANNOT be waived

A

those vested with public interest preferential rights of tenants under CA 539

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5
Q

publication

A

must be FULL and INDISPENSABLE

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6
Q

publication of a LAW

A

publication: full or nothing at all indispensable law presumed valid requirement for ignorantia legis; conclusive, constructive knowledge

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7
Q

laws that need to be published

A

charter of a city naming of a place exempting a person from requirements or prohibitions

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8
Q

retroactivity

A

GR: Prospectivity

xpn: EPC

provides for it expressly curative/remedial law procedural penal… favorable to accused, not habitual delinquent, and not expressly made inapplicable to pending actions or existing causes of action

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9
Q

Waiver of Rights

A

GR: PUWEDE XPN: Pag may public interest at stake, like rights in land reform vested with public interest, i.e. social justice

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10
Q

general repleal

A

Not an EXPRESS repeal

because it does not mention specific provisions or laws to replace repeal.

General repeal is only for IMPLIED, irreconcilable conflicts. Pwedeng part ang repealed. Pero pag lahat ng provisions dependent talaga with each other, the others must fall with them: void.

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11
Q

If clear, apply. If in doubt…

A

aids: ordinary meaning “upon its face,” the ordinary meaning understod by those who ratified it and not the framer’s intention. Framer’s intention last resort. FAVORED CONSTRUTION: self-executing mandatory prospective harmonious whole

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12
Q
A
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13
Q

national territory

A
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14
Q

overt act

A
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15
Q

proximate cause

A
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16
Q

upon

full publication

notice…

there’s rights–waivable and obligations

compliance… good. butwhat happends in non-compliance–ineffective ba ang law?

A

doesn’t mean law no longer effective.

Law beocmes ineffective only through

repeals/self-repeals

struck down by courts

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17
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A
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18
Q

Preliminary Title

Main Diagram

A
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19
Q

preliminary title

A
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20
Q

foreign law…

A

prove as fact.

Once proven, it’s LAW.

Ignorantia legis doesn’t excuse

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21
Q

when is retroactuve law llowed bylaw

A
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22
Q

publication in full or no publication at all

A
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23
Q

publication of ordinances

A
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24
Q

duty of courts

A

Judicial legislation

SOI

in case of silence, obscurity or insufficiency of the law…

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25
Q

preliminary title diagram

A
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26
Q

who is BORN?

A
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27
Q

foreign law must be proven as fact

A
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28
Q

administrative rules cannot amend laws or the Constitution

A
29
Q

penal laws are subject to treaties

A
30
Q

Publication of Municipal Ordinances

A
31
Q

vested right, defined

A
32
Q

acts against mandatory provisions of law.

When are they valid?

Art. 5.

A

When the law authorizes their validity.

33
Q

newspaper of general circulation

A

actually it’s Official Gazette OR newpaper of general circulation

34
Q

What laws need to be published

A

charter of a city (*** 3)

laws on prescription (4)

PDs naming a public place after a favored individual or exempting him from certain prohibitions or requirements

Circulars issued by the Monetary Board, if meant not just to interpret but to fill in the gaps in the Central Bank Act.

like presidential decrees and executive orders promulgated by the President, legislative power having been validly delegated to him or directly conferred to him by Constitution, in the exercise of legislative power (* 3)

Administrative rules and regulations if their purpose is to enforce or implement existing laws to the public, must also be published (* 3)

THIS RULE DOES NOT COVER

what it does not cover and thus need not be published: interpretive regulations and those merely internal in nature, i.e., regulating only the personnel of the administrative agency and not the public; not even LOI issued by administrative superiors to be followed by their subordinates; instruction of the Minister of social welfare on case studies to be made in the petitions for adoptions; rules laid down by head of government agency on assignments/workload of his personnel/wearing of office uniforms

BUT MUNICIPAL ORDINANCES ARE NOT COVERED BY THIS RULE BUT BY THE LOCAL GOVERNMENT CODE.

35
Q

publication is/must be…

A

full

indispensable

for due process… to apprise people about the law

36
Q

Ignorance of the law (and jurisprudence) excuses no one from compliance therewith…

To what laws (and jurisprudence) does this apply?

A

Mandatory/prohibitory laws (Consunji Case)

37
Q

When may laws retroact…

A

when expressly provided, without prejudice to VESTED RIGHTS..

curative statutes… without prejudice to VESTED rights.

remedial law–there are no vested rights in rules of procedure

penal laws–if favorable to the accused who is not a habitual delinquent

38
Q

Who is a HABITUAL DELINQUENT?

A
39
Q

prospectivity rules (read and reread)

A

A statute must be construed as only having prospective application.

An act must be punished by the law in force at the time of the act’s commission.

In case of doubt, favor prospectivity (6)

Jurisdiction of a court depends on the law existing at the time an action is filed (x 31)

If the Commissioner of Internal revenue has a circular or ruling, if retroactivity would adversely affect a taxpayer, it shall have no retroactive effect (prs 32)

Supreme Court doctrine abandoned, the new doctrine should be applied PROSPECTIVELY. If applied retroactively, ithis would prejudice parties relying on the old doctrine and acting on the faith thereof (prs 32)

40
Q

If an act violates mandatory/prohibitory law, it’s void; exception if a law authorizes their validity.

Examples of the exception.

A
41
Q

Waiver of rights; requirements.

A

There’s a known right, which must exist.

There should be no misapprehension of facts and there should be awareness of the consequences of the waiver.

Waiver–intentional relinquishment of a KNOWN right. Person waiving must be CAPACITATED to make waiver (NOT a MINOR or INSANE person) x 39 prs

Waiver must be CLEAR (xx prs 39)

(In some instances, the waiver, in express remission of a debt, must comply with the formalities of a donation xxx 39 prs)

Waiver must not be contrary to law/public policy/morals/good customs (in a particular place * 39 prs)/prejudicial to a non-consenting third person (* 39 prs)

And if it’s (proven to be, not presumed) waived by a duly capacitated possessor (9) of said known right.

THEN WAIVER CAN BE MADE.

BUT IF…

waiver is contrary to law/public policy/morals/ or good customs/

prejudicial to a third person (who did not consent x 38 prs) a right recognized by law. (e.g. waiver of rights in the conjugal partnership is void)

WAIVER CANNOT BE MADE.

42
Q

Repeal of laws; hierarchy of laws.

A
43
Q

Judicial Decisions (of the Supreme Court) form part of the legal system of the Philippines

A
44
Q

Duty of Judges in case of silence, obscurity, or insufficiency of laws.

A
45
Q

custom defined

requisite for a custom to be countenanced

A
46
Q

Computation of periods… application

A

FELI

and if last days falls on a Sunday/holiday

47
Q

Generality and territoriality

A

penal laws, and laws on safety and security…

subject to principles of public international law and treaty stipulations

48
Q

1sts:

person… if Filipino…

nationality rule

A

family relations/status/capacity/condition shall be governed by national law of that person

…

EVEN IF ABROAD!!!!!!!!!

49
Q

1STS:

real/personal property

what law governs

A

general rule: law of the country where located.

exception: if property’s owner dies… intrinsic validity of the will, capacity to succeed, order of succession, amount of succession shall be governed by the national law of the decedent.

50
Q
A
51
Q

prohibitive laws and laws for public order, public policy and good customs

Art. 17 par. 3.

A
52
Q

Art. 16 Public instruments

A

GR: lex loci celebrationis

XPN:

real/personal property–lex rei sitae

will, as regards capacity to succeed, intrinsic validity of testamentary provisions, amount of succession, order of succession–national law of decedent

53
Q

Art. 14. Penals laws… generality/territoriality… subject to principles of public international law and treaty stipulations

A
54
Q

1sts:

act–exercise of right… and causes damage

Art. 19

A
55
Q

Art. 19, 20, 21 on Human Relations

A
56
Q

Unjust enrichment

(Art. 22, 23)

A
57
Q

Art. 24. Parens Patriae for the underdog

A

In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

58
Q

Art. 25. Thoughtless extravagance

A
59
Q

Art. 26. Respect for dignity, privacy, peace of mind

A

similar acts (not exclusive)

though not criminal acts

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another’s residence:
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

60
Q

Art. 27.

public servant or employee

A

public office, public trust. TILL THE LAST DAY OF TENURE.

Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken.

61
Q

Art. 28. Unfair competition

A

Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.

read and reread the kinds of strikes…

62
Q

Art. 29 when accused is ACQUITTED bec. guilt was not established BEYODN REASONABLE DOUBT

A
63
Q

Art. 30. Civil action WITHOUT criminal action

A

Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

64
Q

Art. 31

civil action NOT ex delicto

A

Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

65
Q

Art. 32. violation of constitutional rights (independent civil action)

A
66
Q

Art. 33. defamation, fraud, physical injuries

A

Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

67
Q

Art. 34. police (city or municipality)

A

Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.

68
Q

Art. 35

where no independent civil action is granted by NCC or Special law

A

Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

69
Q

Art. 36. prejudicial questions

A

Civil Law (5 decks)

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