Schools of Thoughts/ Theories Flashcards
Classical and Modern Theories
LEGAL PLURALISM
coexistence and interaction of multiple LEGAL SYSTEMS/ various laws in the philippines. eg. Family code v. Marriage in Sharia Law.
People V. Genosa
SC recognized Battered wife Syndrome. Lowered the penalty of Accused killing her husband.
Alonzo v. IAC Facts
In this case, the Alonzo family allowed their son to build a house on their land in 1975. In 1976, Mariano Padua, a co-heir, attempted to redeem the property, but his effort was dismissed as he was an American citizen.
Tecla Padua, another co-heir, filed a complaint to redeem the property. The trial court dismissed her case, because her right had expired since it was not exercised within thirty days from notice of the sale.
However, the Intermediate Appellate Court reversed this decision, holding that under Article 1088 of the Civil Code, written notice of the sale was necessary for the redemption period to commence.
WON written notice is required and that actual notice would not suffice.
No. If theres already actual notice, there is no need for written notice.
actual knowledge of the sales by the co-heirs satisfied the requirement of the law
The spirit, rather than the letter of a statute determines its construction, hence, a statute must be read according to its spirit or intent.
What is the exception to the general rule that “Apply the letter of the law”?
When the letter of law results to injustice, APPLY the SPIRIT of the LAW.
League of Cities V. Comelec
16 municipalities convertion to city. Jerry P. Treñas, Mayor of Iloilo City, and other city mayors, challenged the constitutionality of sixteen laws converting specific municipalities into cities
WON cityhood laws were unconstitutional.
HELD: No. The Supreme Court ruled that the cityhood laws do not violate Section 10, Article X (10.10) of the 1987 Philippine Constitution.
The legislative intent was clear from the deliberations and the inclusion of EXEMPTION CLAUSES in the cityhood laws.
Rama v. Spouses Nogra
the controversy centers on an undivided portion of a lot in Cebu City that was originally co-owned by the heirs of Felix Rama. On September 10, 1992, one of the co-heirs, Ricardo Rama, sold his undivided share to the Spouses Medardo and Purita Nogra. The petitioners, Hermelina Rama and her daughter, Baby Rama Lauron, claimed they were unaware of this sale until 2007, after which they attempted to redeem the property.
Whether or not actual knowledge of the sale by the petitioners could substitute for the mandatory written notice required under Article 1623 of the New Civil Code, which starts the 30-day redemption period.
No. As a general rule, the required written notice by the seller is mandatory and indispensable for the 30-day redemption period to commence. Written notice of sale is mandatory.
Absent these factors, the (SLOTL) strict letter of the law must apply– the written notice from the seller remains to be an indispensable requirement to commence the running of the 30-day redemption period.
General Rule and exception in application of law
GR: Strict application of the law (Rama v. Nogra)
When letter of law results to injustice, APPLY the SPIRIT of the LAW. v. IAC)
