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Respondents contend that publication in the official gazette is not a sine qua non requirement for the effectivity if laws where the laws themselves provide for their own effectivity dates so publication in the official gazette is not necessary. Issue: Whether or not publication is an indispensable requisite for the effectivity of laws. Held: Publication is an indispensable requisite for the effectivity of laws. All statutes including those of local application and private laws shall be published as a condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature. Covered by this rule are PDs and Eos promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or at present directly conferred by the Constitution. Administrative Rules and Regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation. The purpose of publication is to give adequate notice of the various laws xxx PDs that provide for fines, forfeitures or penalties shall be published. Other PDs which apply only to particular persons or class of persons such as AOs and Eos need not be published on the assumption that they have been circularized to all concerned. Notes: Branches of the Govt Legislative, Executive, Judicial (separation of powers) Amendment No. 6 of 1973 Constitution The president is given the power to enact laws. People vs. Que Po Lay, G.R. L-6791 Facts: Que Po Lay is appealing from the decision of the CFI finding him guilty of violating CB Circular 20 and sentencing him to suffer 6 months imprisonment xxx. The charge was that Que who was in possession of a foreign exchange consisting of U.S. dollars, U.S. checks and U.S. money orders amounting to $7,000 failed to sell them to CB. The appeal of Que is based on the claim that the said circular was not published in the official gazette. The Solicitor General contended that publication is not necessary. Issue: W/N not the CB Circular should be published. Held: A CB Circular if punitive in nature should be published. As a rule, circulars and regulations which
*Exception: The case of Hagonoy Market Vendor Association vs. Municipality of Hagonoy Bulacan. Cases: 1. Basa vs. Mercado, 61 PHIL 636 Facts: The judge of CFI Pampanga allowed and probated the last will and testament of Ines Basa (the deceased).
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*G.R.: Prospectivity of laws *EXC.: When law can be given retroactive effect: 1. Law expressly provides for its retroactivity. But in no case must an ex post facto law be passed. 2. Law is curative in nature (laws intended to correct errors or irregularities incurred in judicial or administrative proceedings. 3. Law is remedial in nature - there are no vested rights in rules of procedure (Medina vs. CA) 4. Law is penal but favorable to the accused (Art. 22 of the RPC) 5. Laws creating new rights provided that no vested right is impaired (Art. 2253, Par. 2; Quizana vs. Redugerio) 6. Emergency laws authorized by the police power of the government. Notes: Law is penal but favorable to the accused. Examples: Case of Robin Padilla there was a bill proposed reducing the sentence of illegal possession of firearms. The bill was authored by Senator Ramon Revilla, Sr.. The President decided to remove the death penalty. Convicts who are in the death row were not punished because of the law. Q: Does the Family Code contain a retroactivity clause? A: Yes. Article 256 of the Family Code provides that this code shall have retroactive effect insofar as it does not
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VI. ARTICLE 8 JUDICIAL DECISIONS HAVE THE FORCE AND EFFECT OF A LAW Doctrine of Stare Decisis When a court has laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same. Horizontal Stare Decisis a division of the SC may or may not follow the decision of another division. (SC is divided by several divisions, usually, in 1 division there are 5 justices) Vertical Stare Decisis courts have no option but to follow the decisions or orders of the SC. This is obligatory on the part of the courts because judicial decisions have the force and effect of a law. Judicial decisions are called judge-made laws. Vertical stare decisis happens when SC had ruled en banc. Ratio Decidendi Obiter Dictum Parts of a Decision: 1. Ratio Decidendi it is the principle which the case established. It is the reason for the decision. 2. Obiter Dictum opinions necessary to the determination of a case not binding and cannot have the force of judicial precedents (People vs. Macadaeg) Cases: 1. People vs. Macadaeg, 28 May 1952 Facts: Antonio Guillermo was convicted of murder. The petitioner contended that the CFI ruled in its judgment of conviction that Antonio is not entitled to the benefits of amnesty because the murders of which he was convicted were committed not in furtherance of the resistance movement but in the course of a fratricidal strife between 2 rival guerilla units. The 7th Guerilla Amnesty Commission composed of Hon. Macadaeg, Pecson and San Jose together with convicted Antonio opposed the petition alleging that the decision of the court does not
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Note: Civil laws pertaining to family rights / duties, status, condition, legal capacity follow the principle of nationality. Read: R.A. 9225 Dual Citizenship Act Sec. 2, R.A. 9225 Declaration of Policy: All Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship subject to conditions. Sec. 3, R.A. 9225 Retention of Philippine Citizenship: Natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the republic xxx. Derivative Citizenship (Sec. 4, R.A. 9225) The unmarried child whether legitimate, illegitimate or adopted, below 18 years of age of those who re-acquire Philippine Citizenship upon effectivity of this act shall be deemed citizens of the Philippines. Cases: 1. Roehr vs. Rodriguez, 20 June 2003 Facts: Petitioner, a German and a resident of Germany married Carmen Rodriguez (a Filipina) in Hamburg, Germany. Their marriage was ratified in Tayasan, Negros Oriental. Out of their union were born Carolynne and Alexandra. Carmen filed a petition for declaration of nullity of her marriage before the RTC. Petitioner filed a motion to dismiss but was denied by the court. Petitioner also obtained a decree of divorce in Germany. The CFI of Germany dissolved the marriage but parental custody for the children was granted to petitioner. Petitioner now alleges that there is nothing left to be tackled by the Philippine Court as there are no conjugal assets alleged in the petition and the custody of the children had already been awarded to petitioner. Issue: W/N the court may retain jurisdiction over the case despite the fact that the petitioner has already obtained a decree of divorce from the German Court.
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*G.R.: Breach of promise to marry, not actionable (Gashem Shookat vs. CA; Hermosisima vs. CA) *EXC.: Breach of promise to marry + some act or event = civil action for damages (Pe vs. Pe; Wassmer vs. Velez) Cases: 1. Gashem Shookat Baksh vs. CA, 219 SCRA 115 Facts: Marilou Gonzales filed a complaint for damages against petitioner for the alleged violation of their
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Tip: In the Bar Exam 1) Immediately identify what are the 2 cases involve. As a rule 1 civil 1 criminal case 2) The civil case should be filed first. a. If the criminal case preceded the civil and it appeared that the accused filed the civil case, it would show that he filed it to benefit him, if the accuse filed a motion to suspend the criminal case, base on the existence of a PQ. 3) pursuant to elements, go back to criminal case and determine how is the crime committed (elements) 4) go back to the civil case, if the civil case would be decided in favor of the accused, would it have any effect as to the elements of crime, if yes, there is PQ, if no effect no PQ Example: 1) Declaration of Nullity of Marriage (Civil)
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II. ARTICLE 37 JURIDICAL CAPACITY CAPACITY TO ACT Juridical person, has its own juridical personality. Juridical Capacity is different from capacity to act. Juridical Capacity fitness to be the subject of legal relations. Presupposes personality and is inseparable from it. Capacity to Act power to do or carry out acts that will have juridical effect. Can be acquired or may be lost by a person in varying degrees. Q: True or False, a person that has juridical capacity has capacity to act? A: False, because even if one has juridical capacity, there maybe certain restriction in ones capacity to act) Example: Buboy and Bell has juridical capacity but they do not have the capacity to take the BAR exam, if their educational attainment restrict their capacity, because they may be college graduate but not a law graduate. Q: True of False: person with a capacity to act, has a juridical capacity? A: True, because if one has the capacity to act it follows that the said person can enter into any juridical relationship, who may be a natural or juridical person that has a juridical capacity.
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Case of Soriano: after the celebration of the marriage without marriage license between one of the parties who was really sick which later on survived, will that affect the validity of the marriage? NO, notwithstanding the survival of the party at the point of death, it would not make the marriage void. What if celebrated between a living and a decease, is the marriage valid? it must be considered that a decease has no longer juridical capacity and no longer consider a natural person. A dead person cannot give a consent freely given. 2. In remote place
Reason: contracting parties cannot go to the office of LCR, to file an application of marriage license. But what is ironical in this case is that it is the duty of the solemnizing officer, that he executes an affidavit stating that before he solemnize the marriage he makes sure to find out whether the contracting parties have the capacity, which affidavit should be attach to the marriage contract which should be filed before the LCR where the marriage took place.
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Q: Why is there such a thing as injured party in annulment? A: One ground 4 annulment is fraud. In ROC, if you will go to court, you have to go there with a clean hands so if you are the one who committed fraud, you cannot file a petition for annulment. So only the injured party can file but there are exceptions: 1. Lack of parental consent- the parent where consent was not obtained can file a petition for annulment 2. Insanity- the relative can file a petition for annulment. Legal Separation Just like in annulment, if you will look at the grounds of L.S there is really an injured party. Ex. Repeated physical violence, so kung ikaw ang boksingero, hindi ikaw pwede mgdemanda, ung sinasktn ang pwede. Prescriptive period Nullity - the 10-year prescriptive period has been repealed so forget about it, it imprescriptible, so even if
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Incest rules - memorize Art.37 The new rules of declaration of nullity of marriage under A.M 02-11-10 relaxed the requirement of expert opinion referring to a psychologist/psychiatrist. Sec.2 par.b - the petition need not allege expert opinion but simply complete facts of he physical manifestation indicative of said incapacity. Memorize marriages against public policy. Bigamous Marriage Q: Juan married, after disappearing for several years contracted a second marriage. Is the 2nd marriage valid? A: As a general as that you may qualify, its because of the so called judicial declaration of presumptive death of the absent spouse. Disappearance is different from abandonment. What Arts. 40 & 41 contemplate is disappearance under circumstances beyond the control of men. Example: Disappeared because of earthquake. If you want to marry again you have to file a petition for declaration of the presumptive death of the absent spouse. Which is different under the 1950 CC- absences for 7 consecutive years may be sufficient to give you the capacity to contract subsequent marriage, if you have a well-founded belief that your spouse is dead. Filipinos abuse that provision, that is why in the FC when if your spouse disappeared under circumstances beyond your control, you need to ask the court to declare your husband/wife dead. Effect of declaration: this will give you the chance to contract a 2nd marriage. Q: If you contracted a 2nd marriage, does it mean to say that the 1st marriage is already terminated? A: No, the 1st marriage accdg. To the FC is simply suspended. In effect, the 2nd marriage although allowed by law is bigamous but this is a case that even it is bigamous it is considered valid- why valid?- bec. Before the contracting the 2nd marriage there was a judicial declaration of presumptive death of the absent spouse. Q: What happens if absent spouse re-appeared? A: It depends, if there is an execution of affidavit of reappearance filed before the LCR where the marriage contract is registered automatically, the 2nd marriage according to FC is deemed terminated in w/c case, the suspension of the 1st marriage is deemed lifted. Q: What happens to the children assuming they are children in the 2nd marriage? A: The children will remain legitimate. Under the Spanish CC, the moment there is a judicial declaration of presumptive death of the absent spouse,
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Effects Q: Declaration/annulment/LS, they say it is a package deal, why? A: Because all of these should appear in the decision, it is not just a ruling that the petition is granted. Petition should embody what would be the effect in relation to the status of the child the custody, the prop. Relationship, donation propter nuptias, succession. Some family court they might have overlooked it so for practical purposes, when you become practitioners and you will be handling a case, I suggest you include it in your prayer. Yu vs. Yu SC citing Arts. 49 & 50 of the FC, the issue about the custody of the child is deemed impleaded in the petition for declaration of nullity, together w/ support, dissolution of property, presumptive legitime. So SC said lahat dapat nandon, kya lng nakakalimutan ng family court so para hindi makalimutan, ilgay nyo n sa prayer nyo kya nga package deal sya. 1. Marriage bond Nullity - marriage is dissolved. Annulment - it is proper to say the marriage bond is dissolved, bec. It is voidable, valid until annulled. L.S - marriage bond is not dissolved, it will remain to be valid but there is simply a separation from bed & board. 2. Status of children Children born before the declaration of nullity will remain to be legitimate. So if after declaration gen, rule children are legitimate, except- if the ground is P.I. under Art. 36 or under Art.53 w/c refers to non-delivery of the presumptive legitime and the registration requirement before you contract a subsequent marriage, under these 2 cases if the children are born before the declaration of nullity and later n the marriage becomes null and void, they will remain to be legitimate. Which means that if you are talking about the other grounds for example- lack of legal capacity, absence of marriage license, kng ung declaration of nullity ngawa lng after 50 yrs so after 50 yrs s2vhn mu sa anak mo illegitimate k pla. Because the decision in the declaration of nullity as a gen.rule will
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