What is Art. 4 of the Family Code?
That there be no other practical and less
Retroactivity of Laws
Laws shall have no retroactive effect, unless the
contrary is provided (NCC, Art. 4).
What is Art. 7 of the Family Code?
Repeal of Laws
Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by
disuse, or custom or practice to the contrary.
When the courts declared a law to be inconsistent
with the Constitution, the former shall be void and
the latter shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the Constitution.
What are the essential requisites of valid
marriage?
1. Legal capacity of the contracting parties who
must be a male and a female;
2. Consent freely given in the presence of the
solemnizing officer (FC, Art. 2).
What are the Justifying Circumstances? (Art. 11)
1. Anyone who acts in defense of his person or rights
provided that the following circumstances concur:
First. Unlawful aggression;
Second; Reasonable necessity of the means
employed to prevent or repel it;
Third. Lack of sufficient provocation on the
part of the person defending himself.
2. Anyone who acts in defense of the person or rights
of his spouse, ascendants, descendants, or legitimate,
natural, or adopted brothers or sisters, or of his
relatives by affinity in the same degrees, provided
that the first and second requisites prescribed in the
next preceding circumstances are present, and further
in the next preceding circumstance are present, and
the further requisite, in case the provocation was
given by the person attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of t h e person or
rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this
article are present and that the person defending be
not induced by revenge, resentment or other evil
motive.
4. Any person who, in order to avoid an evil or
injury, does an act which causes damage to another,
provided that the following requisites are present:
First. That the evil sought to be avoided actually
exists;
Second. That the injury feared be greater than that
done to avoid it.
Third.
harmful means of presenting it.
5. Any person who acts in the fulfillment of a duty or
in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
What are the Exempting Circumstances? (Art. 12)
Art. 12. Circumstances which exempt from criminal
liability.
— The following are exempt f r om criminal liability:
1. An imbecile or an insane person, unless the latter
has acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a felony
(delito), the court shall order h his confinement in
one of the hospitals or asylums established for
persons thus afflicted, which he shall not be
permitted to leave without first obtaining the
permission of the same court.
2. A person under nine years of age.* (now R.A.
9344 under 15)
3. A person over nine years of age and under fifteen,
unless he has act e d with discernment, in which case,
such minor shall be proceeded against in accordance
with the provisions of Article 80 of this Code. (now
over 15 and under 18)
When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family
who shall be charged with his surveillance and
education; otherwise, he shall be committed to the
care of some institution and persons mentioned in
said Article 80.**
4. Any person who, w h i l e performing a lawful act
with due care, causes injury by mere accident without
fault or intention of causing it.
5. Any person who acts under the compulsion of an
irresistible force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by
law, when prevented by some lawful or insuperable
cause.
What are the Mitigating Circumstances? (Art. 13)
Art. 13. Mitigating circumstances. — The following
are mitigating circumstances:
1. Those mentioned in the preceding chapter, when
all the requisites necessary to justify the act or to
exempt from criminal liability in the respective cases
are not attendant.
2. That the offender is under eighteen years of age or
over seventy years. In the case of the minor, he shall
be
proceeded against in accordance with the provisions rights
of Article 80.* Generally prospective in GR: May be applied
3. That the offender had no intention to commit application retroactively
grave wrong as that committed. NOTE: A person has no
4. That sufficient provocation on the part of the vested right in any
offended party immediately preceded the act. particular remedy, and a
5. That the act was committed in the immediate litigant cannot insist on
the application to the
vindication of a grave offense to t h e o n e
trial of his case, whether
committing the felony (delito), his spouse, civil or criminal, of any
ascendants or descendants, legitimate, natural or other than
adopted brothers or sisters or relatives by affinity the existing rules of
within the same degrees. procedure (Tan Jr. v. CA,
6. That of having acted upon an impulse so powerful G.R. No. 136368, January
as naturally to have produced passion or obfuscation. 16, 2002).
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or that Enacted by Congress The SC is expressly
he had voluntarily confessed his guilt before the empowered to
court prior to the presentation of the evidence for the promulgate procedural
prosecution. rules

What is the classification of Aggravating Jurisdiction; Office of the Solicitor General (2006)
Circumstances? (Art. 14) In 1996, Congress passed Republic Act No. 8189,
- Classification: otherwise known as the Voter's Registration Act of
1. Generic – those that generally apply to all crimes, 1996, providing for computerization of elections.
eg. Recidivism, Aid of Minors, Advantage taken by Pursuant thereto, the COMELEC approved the
Public Position, etc Voter's Registration and Identification System
(VRIS) Project. It issued invitations to pre-qualify
2. Specific – those that apply to particular crimes, eg.
and bid for the project. After the public bidding,
Ignominy, Treachery
Fotokina was declared the winning bidder with a bid
3. Qualifying – Those that change the nature of the of P6 billion and was issued a Notice of Award. But
crime, eg. Treachery, Evident Premeditation, Cruelty, COMELEC
etc. Chairman Gener Go objected to the award on the
4. Inherent – necessity accompanies the commission ground that under the Appropriations Act, the budget
of the crime, eg. sex is inherent in crimes against for the COMELEC's modernization is only P1
chastity billion. He announced to the public that the VRIS
project has been set aside. Two Commissioners sided
What is the rule relative to one suit for a single with Chairman Go, but the majority voted to uphold
cause of action? (Rule 2, Sec. 3) the contract.
Prohibited. A party may not institute more than Meanwhile, Fotokina filed with the RTC a petition
one suit for a single cause of action (Sec. 3, Rule 2). for mandamus compel the COMELEC to implement
It causes multiplicity of suits and double vexation the contract. The Office of the Solicitor General
on the part of the defendant. (OSG), representing Chairman Go, opposed the
petition on the ground that mandamus does not lie to
Distinguish between Substantive and enforce contractual obligations. During the
Remedial Law proceedings, the majority Commissioners filed a
Substantive Law Remedial Law manifestation that Chairman Go was not authorized
Part of the law which Prescribes the methods by the COMELEC En Banc to oppose the petition.
creates, defines or of enforcing those rights May the OSG represent Chairman Go before the
regulates rights and obligations created RTC notwithstanding that his position is contrary
concerning life, liberty or by substantive law to that of the majority? (5%)
property or the powers
SUGGESTED ANSWER:
of agencies or
instrumentalities for the Yes, the OSG may represent the COMELEC
administration of public Chairman before the RTC notwithstanding that his
affairs, which when position is contrary to that of a majority of the
violated gives rise to a Commission members in the COMELEC
cause of action becausemthe OSG is an independent office; it's hands
Creates vested rights Does not create vested are not shackled to the cause of its client agency. The
primordial concern of the OSG is to see to it that the
best interest of the government is upheld
(COMELEC v. Quyano-Padilla, September 18,
2002).