1 LEC: Nartatez Notes

CIVIL LAW

a. Persons and Family Relations - Partnership

b. Property – about easements (proprietary rights) - Corporation
c. Succession- talks about legitime that is Liability
protected by law Cooperatives
Compulsory Heirs: Spouses and Children Non-stock Organization: (Education/
Disinheritance: a court action foundation)
Testate Stock:
- holographic: handwritten, no - Banking Law
witness necessary - Security Law
- notarial: notarized, with - Trademarks
formalities such as 2 witnesses - Patent
Intestate: no last will and testament - Intellectual Property Rights
- The law will dictate (ex. Ni Sir Beer na Beer)

Note: If there are advances it will be deducted Remedial Law

from their legitime
- Technical Aspect
d. Obligations and Contracts - Rules of Court
e. Special Contracts – talks about loan and - Civil and Criminal Procedure
commodatum o Summary
Procedure: fast
Civil law governs the relationships whether natural or o Normal Procedure:
juridical Deadlines
Different Kinds of Damages:  15 Days
 10 Days
a. Nominal (Ombudsm
b. Actual an)
c. Exemplary  10 Days
d. Moral (Labor
e. Temperate o Rules on Appeals
f. Liquidation o Biggest allocation in
the bar
Punitive Damages: penalties, docket fees of examination
10% o Crim Pro: Art. 3 Bill
- based on source of rights of Rights
- cause of actions : basis for filing an action  Rights of
the
Others:
Accused
Transportation Law  Gov. helps
Negotiable Instruments Law- talks about the
legal tender complainan
Commercial Law t ex. People
-Corporations Laws V Rubina
- Sole Proprietorship
2 LEC: Nartatez Notes
Legal Grounds for Ferdinand Marcos to be Buried in the
LNMB
AFP Regulations:
a. Medal of Valor Awardees
b. Presidents/ Commander-in-Chief
c. Secretaries of National Defense
d. Chiefs of Staffs, AFP
e. General/ Flag Officers of AFP
f. Active and Retired Military Personnel
g. Former AFP members who entered and joined
PNP and PCG
h. Veterans of the Phil Revolution
i. Government Dignitaries
a. Statesmen
b. National Artist
c. Interment that has been approved by
the Commander-in-Chief
j. Former presidents, widows of the President
Disqualification
a. Personnel who were dishonourably
separated/ reverted/ discharged from
service
b. Authorized personnel who were
convicted by final judgment of an
offense involving moral turpitude
Tanada V Tuvera: 136 SCRA 27
-requirement of publication
- Art. 2 of the Civil Code
- clear object of the law is to give the general
public adequate notice of the various laws which are to
regulate their actions
- w/o notice and publication, there would be no
application
Tanada V Tuvera: 146 SCRA 446
-the clause “unless otherwise provided” means “date of
effectivity” and not to the requirement of publication
itself
RA 10368: Reparation of Victims during the Marcos
Regime
RA 10913: Anti Distracted Driving Acts
Sec. 4. Distracted Driving. — Subject to the
qualifications in Sections 5 and 6 of this Act, distracted
driving refers to the performance by a motorist of any
of the following acts in a motor vehicle in motion or
temporarily stopped at a red light, whether diplomatic,
public or private, which are hereby declared unlawful;
(a) Using a mobile communications device to write,
send, or read a text-based communication or to make
or receive calls, and other similar acts; and (b) Using an
electronic entertainment or computing device to play
games, watch movies, surf the internet, compose
messages, read e-books, perform calculations, and
other similar acts.
Political Law
-broad subject
- Constitutional Law: constitutional rights: Bill of Rights
- Election Law: several prohibited acts during election
- Administrative Law: Law of municipal officers
- Public International Law
- Signatories forms part of the land
- UN – Treaties – human rights
Labor Law
-social legislation – group of statutes
a. Labor Standards: minimum standards
b. Labor Relations: Organized employees
Labor sector: mas protected
Criminal Law
-Crim 1: Basics
-Crim 2: Elements of a Crime
-Criminal Procedure
3 LEC: Nartatez Notes

- classical - Punishes an act which is not

yet punishable at the time it
- positive was committed
- eclectic Bill of attainder: inflicts punishment without trial
Commercial Law Equal Protection Clause : laws applied equally in the
Civil Law same class

Remedial Law Valid Classification:

Legal Ethics a. subtstantial distinction

DUE PROCESS b. purpose germane to the purpose of the law

-one that hears before it condemns which proceeds c. not limited to existing conditions only
upon inquiry and renders judgment only after trial d. applied equally to all the same class
1. Substantive : validity of the basis of the law HUMAN RIGHTS
2. Procedural : notice & hearing -created solely to watch
* opportunity to be heard -related to extrajudicial killings
* to hear your side CHR: Art. 13 Sec. 17
* concept of fair play Labor Law
1. Tupaz V CA Labor Standard: minimum standards set by the
-Francisco Lim & Ignacia Lim Tupas government

-Counsel did not file the petition for review within the Working hours: 8
reviewing, 1 day. Neither did he move for extension OT PAY: Rest Day, Holiday
- failure of the lawyer – not deprivation of due process Vacation leave: minimum of 5 days, service incentive
2. YNOT V IAC leave

- State cannot just confiscate without due process Employer- Employee Relationship:

3. TATAD V SANDIGANBAYAN a. Selection and hiring

b. Pay wages
- accused of RA 3019 c. Power to dismiss
d. Control Test: most important
- unexplained pro- longed preliminary investigation
Kinds of Employees:
- Right to speedy disposition of cases violated
1. Probationary – 6 months
Ex Post Facto Law – retroactive effect
2. Regular – security of tenure, benefits
3. Fixed Term Employment
4. Project Employees
4 LEC: Nartatez Notes

5. Seasonal Employees RA 9165

End of Contract RA 10591

Power of the President

Labor Only Contracting ARTICLE VII

1. Principal Section 18. The President shall be the Commander-in-Chief of all

2. Contractor armed forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
3. Employee violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not
-actual employer is the principal not the contractor exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial
law. Within forty-eight hours from the proclamation of martial law or
Security of Tenure : you cannot be dismissed w/o valid the suspension of the privilege of the writ of habeas corpus, the
or just cause President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session, may revoke
Termination: such proclamation or suspension, which revocation shall not be set
aside by the President. Upon the initiative of the President, the
2 notice Rule Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the
a. Apprise the employee invasion or rebellion shall persist and public safety requires it.
of the violation
b. Informing the dismissal The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in accordance
with its rules without need of a call.
Resignation – 30 days notice: general rule, exc. Valid
reasons The Supreme Court may review, in an appropriate proceeding filed
by any citizen, the sufficiency of the factual basis of the proclamation
JUST CAUSE: of martial law or the suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate its decision
thereon within thirty days from its filing.
a. Serious Misconduct
b. Willfull Disobedience A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
c. Gross and Habitual Neglect of Duty
legislative assemblies, nor authorize the conferment of jurisdiction on
d. Fraud (Breach of Trust) military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ
e. Disease – must be prejudicial to other
of habeas corpus.
employees
f. Redundancy/ Retrenchment/ Cost Cutting The suspension of the privilege of the writ of habeas corpus shall
apply only to persons judicially charged for rebellion or offenses
- 1 month per year of service inherent in, or directly connected with, invasion.

*Take Note of Anti- Discriminatory Policy During the suspension of the privilege of the writ of habeas corpus,
any person thus arrested or detained shall be judicially charged
Criminal Law within three days, otherwise he shall be released.

PROSPECTIVITY

GENERALITY PROCLAMATION NO. 55

TERRRITORIALITY DECLARING A STATE OF NATIONAL EMERGENCY

ON ACCOUNT OF LAWLESS VIOLENCE IN MINDANAO

Special Laws: WHEREAS, Mindanao has had a long and complex history of
lawless violence perpetrated by private armies and local warlords,
RA 9262 bandits and criminal syndicates, terrorist groups, and religious
extremists;
5 LEC: Nartatez Notes

WHEREAS, in recent months, there has been a spate of violent and

lawless acts across many parts of Mindanao, including abductions,
hostage-takings and murder of innocent civilians, bombing of power
transmission facilities, highway robberies and extortions, attacks on
military outposts, assassinations of media people and mass jailbreaks;

WHEREAS, the valiant efforts of our police and armed forced to

quell this armed lawlessness have been met with stiff resistance,
resulting in several casualties on the part of government forces, the
most recent of which was the death of 15 soldiers in a skirmish
with the Abu Sayyaf Group in Patikul, Sulu on 29 August 2016;

WHEREAS, on the night of 2 September 2016, at least 14 people

were killed and 67 others were seriously injured in a bombing
incident in a night market in Davao City, perpetrated by still
unidentified lawless elements;

WHEREAS, the foregoing acts of violence exhibit the audacity

and propensity of these armed lawless groups to defy the rule of
law, sow anarchy, and sabotage the government’s economic
development and peace efforts;

WHEREAS, based on government intelligence reports, there exist

credible threats of further terror attacks and other similar acts of
violence by lawless elements in other parts of the country, including
the metropolitan areas;

WHEREAS, under Section 18, Article VII of the Constitution, the

President, as the Commander-in-Chief of all armed forces of the
Philippines, may call out such armed forces whenever it becomes
necessary to prevent or suppress lawless violence.

NOW THEREFORE, I, RODRIGO ROA DUTERTE, President

of the Republic of the Philippines, by virtue of the powers vested
upon me by Section 18, Article VII of the Philippine Constitution, do
hereby proclaim a state of national emergency on account of lawless
violence, and hereby command the Armed Forces of the Philippines
and the Philippine National Police to undertake such measures as
may be permitted by the Constitution and existing laws to suppress
any and all forms of lawless violence in Mindanao and to prevent
such lawless violence from spreading and escalating elsewhere in
the Philippines, with due regard to the fundamental civil and
political rights of our citizens.

This proclamation of a state of national emergency on account of

lawless violence shall remain in force and effect until lifted or
withdrawn by the President.