Civil Law Notes

1. The official publication of the Republic of the Philippines because it contains all of the laws and reports of the
government. - The Official Gazette
2. Laws have to be published to satisfy due process requirements. - Always true
3. Laws require publication before they can become effective. - Always true
4. Tañada vs. Tuvera teaches us that laws that are not of a public nature do not have to be published. - Always
true
5. Executive orders that apply only to particular persons or class of persons do not have to be published. This is
was the ruling in _____________ case. Tañada vs. Tuvera
6. If the law provides for a date of its effectivity, then it shall take effect on - the date it so provides
7. If the law does not state a date of effectivity, then it shall be effective - 15 days after publication
8. For a city ordinance to take effect, it is enough that it is published through - Published in full on a newspaper
published within the city
9. If the same city ordinance provides that it shall take effect immediately upon approval, it becomes effective on
_____________ - the date it is published in the city newspaper
10. The answer to the previous question is based on the ruling in the case of - La Bugal-B'Laan Tribal Association vs.
Secretary Ramos

11. A __________ is an assumption as to the existence of a fact or set of facts. – presumption

12. A _______ is a prima facie presumption. Elsewhere in the law, it is called rebuttable or disputable presumption.
- presumption juris tantum
13. For Article 3 to apply, the law must first meet the _________. - publication requirement
14. The presumption laid down in Article 3 of the Civil Code is a conclusive presumption. - Always true
15. Immovable properties are governed by the laws in which they are located because they are immovable. This is
called the principle of lex loci rei sitae. - Always true
16. If a foreign law is not properly proved or pleaded in our courts, then our courts will simply presume that the
foreign law is the same as that of our local laws. What do you call this principle? - Doctrine of Processual
Presumption
17. Article 4 of the Civil Code provides that, "Laws shall have ______________ effect, unless the contrary is
provided." - no retroactive effect
18. An ex post facto law can be given retroactive effect, if and only if the law itself provides for retroactivity. -
Always false
19. A penal law that is more favorable or beneficial to the accused must always be given retroactive effect. -
Always true
20. A law that is curative in character can apply prospectively or retroactively. - Always true

21. Acts executed against the provisions of mandatory or prohibitory laws shall be void. - There are exceptions
22. The plain meaning rule or verba legis comes from this Latin maxim - Verba legis non est recedendum
23. The answer in the previous number means: From the words of the statute, there should be no departure
24. Article 1047 provides that, "the following are incapable of succeeding - 1. The priest who heard the confession
of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the
same period;" - Always false
 25. X and Y were married when they were both 20 years old in December 2010. Both of them failed to submit their
respective affidavits of parental consent. With their continued co-habitation, their marriage is now – Valid
26. J was dismissed for valid causes late last year. However, he was not allowed to confront the witnesses against
him. The dismissal is – Valid
27. A valid contract meets all of the requirements of the law. - Always true
28. A voidable contract is one that is valid until it is annulled. - Always true
29. When the Family Court annuls a marriage under Article 36, it declares that the marriage is ___ - void
30. Which of following is not an exception to Article 5 of the Civil Code? - When the law makes the act void

31. Article 6 of the Civil Code provides that “Rights may be waived, provided that the waiver is contrary to law,
public order, public policy, morals or good customs or prejudicial to a third person recognized by law.” - Always
false
32. X borrowed 500 pesos from Y. Who is the active subject of the right to collect? – Y
33. X borrowed 500 pesos from Y. Who is the passive subject of the right to collect? – X
34. X borrowed 500 pesos from Y. What is the object of the right to collect? - 500 pesos
35. X borrowed 500 pesos from Y. The efficient cause of the right to collect is the ____. - Contract of Loan
36. These are rights that stem from our participation in government. - Political rights
37. This kind of waiver is made in writing and signed by the parties. - Express waiver
38. The right to future inheritance can be validly waived during the lifetime of the testator. - Always false
39. A waiver of the right to the minimum wage is valid, so long as it is written in a language known and understood
by the party. - Always false
40. S is the mother of five beautiful children, between the ages of 2-9 years old. A movie director spotted the
children and offered S 250,000 pesos per shooting day on the condition that the she sign a waiver. The waiver
states that S relinquishes the right to file any complaint, before any court or tribunal over the contract. S signed
the waiver and accepted the money. She later finds out that the movie director was shooting pornography with
her children. Based on these facts... - S can sue the movie director because the waiver is contrary to law,
public policy, public order, morals and good customs

Article 7 and the Express and Implied Repeal of Laws | Intro to Persons

41. An express repeal must specifically state the law it wants to repeal. - Always true
42. It is a complete abrogation of the law – Repeal
43. The following are ways in which a law will lose its force and effect, except: - revival
44. This principle states that the Constitution is the highest law of the land. - Constitutional Supremacy
45. According to Chavez vs. JBC, which of the following is not an effect of unconstitutionality - imposes no
obligations
46. According to Chavez vs. JBC, which of the following is not an effect of unconstitutionality - affords some
protection

The municipality of San Fabian passed an ordinance in 2014 declaring its beaches as protected territory - and
prohibited tourists in the area. After three years of rehabilitation, the municipality passed an ordinance in 2017
to promote its beaches as a tourist attraction. Tourism flourished but it also endangered the flora and fauna in
the beaches. The municipality passed another ordinance in 2018 prohibiting tourists in the area.

Following a landslide victory in the local elections, the new mayor and his allies wanted to make money for San
Fabian. Thus, the municipal council passed yet another ordinance, expressly repealing all other prior ordinances
 and promoting the beaches as a tourist attraction.

47. Based only on the facts above, the 2017 ordinance repealed the 2014 ordinance. - True
48. Based only on the facts above, the 2018 ordinance expressly repealed the 2017 ordinance. – False
49. Based only on the facts above, the 2018 ordinance revived the 2014 ordinance. – True
50. The following statements are true except: - The most recent ordinance has the effect of reviving the 2017
ordinance

Stare Decisis and Obiter Dictum | Intro Persons and Family Relations

51. The ______ law system relies primarily on decided cases. – common
52. The _________ law system relies primarily on codal provisions, statutes and written rules. – Civil
53. The legal system in the Philippines is a combination of two systems. - Always true
54. Article 8 of the Civil Code was derived from a provision in the Spanish Civil Code. - Always false
55. Stare decisis is a common-law concept derived from the Latin maxim, "Stare decisis et non quieta movere." This
means that what has been decided, has been decided and what is decided should not be disturbed. - Always
true
56. The main opinion of the Supreme Court is jurisprudence. It becomes part of our legal system. - Always true
57. A ___________ opinion is the view of one or more justices of the Supreme Court, based on the same case and
covering the same issues, but expressed in another opinion. – separate opinion
58. A ___________ opinion is the view of one or more justices of the Supreme Court, which contradicts the main
opinion of the Court. – dissenting opinion
59. A ___________ opinion is the view of one or more justices of the Supreme Court, which agrees with the
disposition of the case, but for entirely different reasons/legal bases. – concurring
60. It is an expression or opinion of the court/judge that is not necessary to the resolution of the legal issues
presented in the case but is nevertheless included in the opinion or decision. - Obiter Dictum

Customs and How to Compute Legal Periods in the Philippines | Intro to PERSONS

61. A juridical custom may prevail over an existing provision of the law. - Always false
62. A social custom must be proven as a matter of fact in accordance to the Rules on Evidence because courts are
not allowed to take judicial notice of social customs. - Always true
63. A deceased partner's name cannot be used in the name of a law firm. - There are exceptions
64. A deceased partner's name can be used in the name of a law firm, provided it is indicated that he has passed
away. - Always true
65. Who is the justice whose dissent became the basis for Canon 3 Rule 3.02 of the Code of Professional
Responsibility? - Justice Aquino
66. A party may appeal the decision of a case from the Labor Arbiter to the National Labor Relations Commission
within ten days from receipt of the notice of the decision. If the notice was served on June 1, 2020 - when is the
last day to file the appeal? - June 11, 2020
67. If the notice in the previous problem was received on June 2, 2020, can the appeal be filed on June 12, 2020? –
No.

Feedback: June 12, 2020 is the Independence Day of the Philippines. It is a non-working holiday. The National
Labor Relations Commission would be closed and no appeal may be filed. The Rules of Court provide that when the
deadline falls on a holiday - the deadline is moved to the next working day. In our scenario, that would be Monday June
15, 2020.
68. A promises B to buy his land for 2.4 million pesos. The first payment is 1.2 million pesos and the balance will be
paid a month thereafter. If A makes the first payment on February 9, 2020, when will the second payment be
due? March 10, 2020
69. In Commissioner of Internal Revenue vs. Primetown Property, the Supreme Court decided in favor of? -
Primetown Property Group, Inc.
70. Section 27, Book VII (Final Provisions) of the Administrative Code of 1987 has the effect of impliedly repealing all
provisions of the law which are inconsistent with it. - Always true