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PFR MID TERM REVIEWER CCP TOOK EFFECT ON AUG 30,1950 Art 2.

After 15 days the LAW will take effect REQ: There must be publication.all LAW must be published gazette. CLAUSE-date when the law will take effect

in the official

Art 3. IGNORANCE OF THE LAW EXCUSES NO ONE WHILE IGNORANCE OF THE FACT EXCUSE ONE WHO IS IN GOOD FAITH VIOLATES THE LAW Art 4 LAW SHALL HAVE NO RETROACTIVE EFFECT UNLESS THE CONTRARY IS PROVIDED. (PROSPECTIVE) Exceptions TIPCELL Taxlaws,Interpretative statutes,Procedural or Remedial laws,Curative statutes,Emergency laws,Laws creating substantial rights,Penal laws favorable to accuse Art5. ACTS CONTRARY TO MANDATORY OR PROHIBITORY LAW ARE VOID Exceptions *when the law authorizes its validity *when the law acts only voidable not void *the act is valid but it punishes the violator Art6. RIGHTS CAN BE WAIVED Exceptions *contrary to LPOPPMGC Law,PubOrder,PubPol,Morals,GoodCus & *if the waiver is prejudicial to the right of the 3rd party Art 7. Laws are REPEALED only by SUBSEQUENT ones......When the courts declare a law to be INCONSISTENT with the CONSTITUTION the former shall be void and the latter shall govern....Administrative or exec. Acts,orders and regulations shal be valid only whent hey are not CONTRARY to the laws or CONSTITUTION Art 8.JUDICIAL DECISIONS applying or interpreting the laws or the constitution shall form part of the legal system of the PHILIPPINES Art 9. No judge or court shall decline to render JUDGMENT by reason of the silence,obscurity or insufficiency of the LAW Art 10. In case of DOUBT in the interpretation or application of the LAW , it is presumed that the lawmaking body intended right and justice to PREVAIL

Art 11. CUSTOMS which are contrary to law,pubor and pubpo shall not be CONTRAVENED Art 12. A CUSTOM must be proved as a fact accrdng to the rules of EVIDENCE

CUSTOM- rule of conduct form b reptition of acts uniformly observe as a social rule legallybinding & obligatory Req to make a CUSTOM an OBLIGATORY RULE: PLUGENPRACCOM *PLUrality of acts *GENerally practice by the great mass of people *PRACtice has been going for a long period of time *COMmunity accept it as a proper way of considering its obligatory Art 13. If MONTHS is designated by their NAME,they shall be computed by the number of days the respectively have....In computing a PERIOD,the first day shall be EXCLUDED and the last day is INCLUDED Art 14. TERRITORIALITY RULE basis of the the application of Penal Laws and Public Security and Safety etr PRINCIPLES OF INTL LAW and TREATY STIPULATIONS....covers all those who live & sojourn in the Phil.Territory HAS IMMUNITY: head of the state,forign ambassador,diplomats,extra,exter,UN Art 15. LEX NATIONALII citizenship is the basis for determinng the person law applicable Covers FRDSTACONLECA *familyrights and duties,status,conditions and legal capacity Q: A & B both Filipino married A went to US and subsequently obtaned a divorce decree against B.Is the divorce decree obtained by A recognizable under Phil Law? A: NO,A still Filipino despite that he is living abroad under Art 15 of CCP it covers family rights duties,status,conditions and legal capacity of a person Exception Art 26 par 2 of FC Q: A & B bothFilipino ,married. A went to U.S & obtained US cit. & subsequently obtained divorce decree against B.Is the divorce obtained by A will capacitate B to remarry? A: YES, when a marriage b/w a Fil cit. & a forigner is validly celebrated and a divorce is obtained abroad by the alien spouse capacitating him/her to remarry,the Fil spouse shall likewise have capacity to remarry under Phil Law

Art16.Q: What law/rule will apply with respect to real and personal property A: LEX REI SITAE (Law of the place where property is situated if the basis for determining the law EXCEPTIONS *order of succession *amount of succession *intrinsic validity of the provision of the will *capacity to succeed Art 17. Q: What law/rule will apply with respect to contracts executed A: LEX LOCI CELEBRATIONIS Q: Does LLC covers only the forms and solemnities or the extrinsic validity of contract A:YES Extrinsic validity - Forms and solemnities Intrinsic validity - inherent value of the contract *** the forms and solemnities of contracts,wills and other public instruments shall be governed by the laws of the country in w/c they are executed. RENVOI DOCTRINE-referring back LEX FORI RULE - Law of the forum Art 19. Abuse of rights * legal rights * exercise in bad faith * soul intent is injuring and prejudicing another Art 20. Q:Joven while engaged in an ice cream business defaulted his payment of hi meralco billand as a result of such failure,meralco disconnected his electric facilities temporarily which resulted to the melting of his ice cream.can joven revocer damages from meralco? A: NO, Art20 of CCP ,stated that "every person ,who contrary to law who willfully or negligently causes damage to another,shall indemnify the latter for the same.Since,he is aware that due to defaulted payment of his electric bill will result to temporary disconnection meralco has no obligations to the damages of such failure.

Art 21. Q: As a general rule,breah of promises to marry is an actionable wrong A: FALSE Exceptions * announcement made * wedding prepared and money spent * invitation delivered RAPE VICTIM - Accused or Victim cant compel to shld but the right to support Willfull cause to injury - if it doenst exist there is no right to claim damage Art 22. GOVT is not exempted Principle of unjust enrichment Art 24 . Q: Will the court be biased ifbit portrays vigilance to ignorant ,indigent,mentally weak,minor or to the handicapped individuals? A: NO, as stated in Art 24 of NCC the court must be vigilant for the protection of the said individuals Art 25. REQUISITES *extravagance is for pleasure and display * period of acute public want or emergency * case is filed in court by govt. or private charitable institution Art 26. Are all grounds for civil liability * Prying into the privacy of another's residence *Meddling with or disturbing the private or family relations of another * Intriguing to cause another to be alienated from his friends * Vexing or humiliating another on account of his religous beliefs,lowly station in life,place of birth,physical defect,or othe personal conditions Art 27 DERILICTION- Prevent corruption ACTS OF PUBLIC OFFICER WHICH ARE SAID TO BE UNLAWFUL * NONFEASANCE- ommission of an act w/c a person is ought to do * MISFEASANCE - improper doing of an act w/c a person might lawfully do * MALFEASANCE - doing of an act w/c a person ought not to do ***GOOD FAITH is not a defense as we are speaking of MINISTERIAL DUTY

Art 29. Acquittal of the accused cold be based on: a. Guilt of the accused had not been proved beyond reasonable doubt b. Accused is not the author of the crime c. Crime complained of did not exist *** if acquittal is based on letter (a) , the filing of civil action may still prosper *** if based on b and c ,civil action will not prosper QUANTUM OF PROOF CRIMINAL- beyond reasonable doubt CIVIL - preponderance of evidence ADMINISTRATIVE - substantial evidence ART 31-34 INDEPENDENT CIVIL ACTIONS 31. based on obligations not arising from felony 32. Violation of civil liberties 33. Defamation,fraud and physical injuries 34. Police refuses/fails to render aid or protection to any person in case of danger to life or property Art 36. ELEMENTS OF PREJUDICIAL QUESTION * civil action involves an issue similar or intimately related to the issue raised in the criminal action * the resolution of such issue determines whether or not the criminal action may proceed ***BIGAMY- before legal dissolution of 1st marriage,before declaration of presumptive death of absent spouse. Q: Joven and Tonet are married. After two years, Joven was transferred by his office to Baguio City branch. He then met Tina; he was so attracted at her that he forced Tina to marry him. After getting suffocated of Jovens love, Tina filed annulment case on the ground of forced intimidation. Meanwhile, Tonet learned of the marriage between Joven and Tina. Angrily, she filed a criminal case for bigamy. oven seeks for suspension of proceeding on ground of prejudicial question. Will suspension be granted? A: NO. since the Joven voluntarily marry both Tone and Tina.He contracted hisself forbthe 2nd marriage despite he 1st marriage is still existing therefore he assumes the risk of being prosecuted of bigamy

Q:Joven and Tonet are married, after 2 yrs. Joven transferred by his office to baguio city. He then met tina, which force him to marry her. Suffocated to Tinas love, joven filed for an annulment on ground of force intimidation. However after learning about the marriage, filed bigamy against joven. Joven then asked for suspension of the case on the ground of prejudicial question. Will this be granted A: YES, the decision for the civil action which is the annulment case determines whether the criminal case may proceed Art 37. KINDS OF CAPACITY JURIDICAL CAPACITY -fitness to be the subject of legal relations,is inherent in every natural persons and is lost only through death CAPACITY TO ACT - power to do acts with legal effect and is acquired and may be lost Art 38. Minor is still bound to perform certain obligations CIVIL PERSONALITY- the aptitude of being the subject,active or passive,of rights or obligations

Art41-43 NATURAL PERSONS GENERAL RULE: determined by birth,extinguished by death EXCEPTION: the law considers the conceived child as born for all purposes favorable to it if born alive.therefore,the child has a presumed personality,with 2 characteristics *limited * provisional/conditional --Cannot be invoked to obtain damages for and in behalf of an aborted child CONDITIONS OF A CONCEIVED CHILD CONSIDERED BORN * if it is alive at the time it is completely delivered fromnthe mother's womb * BUT if it had and intra unterine life of less than 7 mos.,only if it lives for at least 24 hrs after its complete delivery from the maternal womb PROOF OF DEATH * applies only to persons who are called to succeed each other.otherwise,rules of court shall apply * the proof of death must be established by positive evidence

Art 41-47 JURIDICAL PERSONS *the state and its political subdivision *corporations,institutions and entities for public interest or purpose created by law *corporations,partnerships and associations for private interest or purpose *roman catholic *estate of the deceased person Extinguished: by termination of existence

A STATE CANT BE SUED WITHOUT ITS CONSENT