#1.

 When do laws in the Philippines take effect?

Laws in the Philippines take effect after fifteen (15) days

following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the
Philippines, unless it is otherwise provided.

#2. What is a retroactive law?

It is one intended to affect transactions which occurred, or

rights which accrued, before it becomes operative, and which
ascribes to them effects not inherent in their nature, in view of
the law in force at the time of their occurrence.

#3. What are the exceptions to the rule that laws shall have no
retroactive effect? The following are the exceptions to the rule
that laws shall have no retroactive effect:

1. When the law itself expressly provides for its

retroactivity;
2. When the law is penal insofar as it favors the accused;
provided that the accused is not a habitual delinquent;
3. When the law is procedural so long as it does not
affect or change vested rights;
4. When the law creates new substantive rights;
5. When the law is curative in character in the sense that
the purpose of its enactment is to cure defects or
imperfections in judicial or administrative
proceedings; and
6. When the law is interpretative of other laws.
#4. What are mandatory laws?

Laws the violations of which, tenders the act or proceeding

illegal and void.

$5. What are prohibitory laws?

Laws which, if omitted, renders the proceeding or acts relating

to it generally illegal or void.

#6. What are the exceptions to the rule that an act executed
against provisions of mandatory or prohibitory laws shall be
void?

The following are the exceptions:

1. Where the law itself authorizes its validity;

2. Where the law makes the act valid but punishes the
violator;
3. Where the law makes the act only voidable; and
4. Where the law declares the nullity of an act but
recognizes its effects as legally existing.

#7. What is a waiver?
It is the intentional relinquishment of a known right or such
conduct as warrants an inference of

relinquishment of such right. #8. What is a right?

The power or privilege given to one person and, as a rule, is

demandable of another. It denotes an interest or title in an
object or property.
#9. Rights may be waived. In what cases may waiver be
prohibited and declared null and void? Waiver is prohibited and
may be declared dull and void when:

1. It is contrary to law, public order, public policy,

morals and good customs;
2. When prejudicial to a third person with a right
recognized by law.

#10. What are some instances where waiver is considered void?

Waiver is considered void in such instances such are:

1. Waiver of future support;

2. Waiver of political rights;
3. Waiver of future inheritance especially if the waiver
intended to prejudice creditors.

#11. What are the requisites of a valid waiver? The following are
the requisites of a valid waiver:

1. Full capacity to make the waiver;

2. Waiver must be unequivocal;
3. Right must exist at the time of the waiver;
4. It must not be contrary to law, public policy, morals or
good customs;
5. It must be prejudicial to a third person with a right
recognized by law; and
6. When formalities are required, the same must be
complied with.
#12. What is a repeal of a law?
It is the legislative act of abrogating through a subsequent law
the effects of a previous statute or portions

thereof.
#13. What are the types of repeal? Define each.

1. Express Repeal – One which is literally declared by a new law,

either in specific terms, as where particular laws and provisions
are named, identified, and declared to be repealed, or in general
terms.

2. Implied Repeal – It takes place when a new law contains

provisions contrary to or inconsistent with those of a former law
without expressly repealing them.

#14. What are the requisites of an implied repeal? The following

are the requisites of an implied repeal:

1. The laws cover the same subject matter; and

2. The latter is repugnant to the other.

#15. What is private international law?

It is a part of municipal law of a state which directs its courts

and administrative agencies when confronted with a legal
problem involving foreign element, whether or not they should
apply the foreign law.

#16. What is conflict of laws?

It is the inconsistency or difference between the laws of
different states or countries, arising in the case of persons who
have acquired rights, incurred obligations, injuries or damages,
or made contracts, within the territory of two or more
jurisdictions.

#17. What are the elements of conflicts of laws? The following

are the elements of conflict of laws:

1. Legal problem or case involving foreign element; and

2. Foreign element – factual situation cutting across
territorial lines, affected by diverse laws of two or
more states.

Primary function is to determine whether the law or judgments

of other state/s will govern and if so the extent if its recognition
or application in the forum

#18. What are the different conflict-of-law rules found in the

New Civil Code and the Family Code which sanction the
operation of either Philippine laws upon Filipinos residing or
sojourning abroad and foreign laws upon foreigners residing or
sojourning in the Philippines?

They are the following:

1. With respect to penal laws and laws of public security

– Although penal laws are obligatory upon who live or
sojourn in Philippine territory, nevertheless, this rule
is subject to the principles of public international law
and to treaty stipulations.
 2. With respect to laws relating to Family Rights and
Duties or to the Status, Condition and Legal Capacity of
Persons – As a general rule, nationality rule applies
regardless of their place of residence.However, if a
divorce is validly obtained abroad by alien spouse
capacitating him or her to remarry, the Fiipino spouse
shall have the capacity to remarry under Philippine
law.
3. With respect to Laws on Real and Personal Property –
The doctrine of Lex Rei Sitae shall govern which
provides that the law of the country where the
property is situated shall govern property
transactions.

The following are its exceptions:

1. Capacity to succeed;
2. Intrinsic Validity of testamentary provisions;
3. Amount of successional rights; and
4. Order of succession.

4. With respect to Laws on Forms and Solemnities – The

doctrine of Lex Loci Celebrationis shall govern which provides
that forms and solemnities of contracts, wills and other public
instruments (pertaining to extrinsic validity) shall be governed
by the laws of the country in which they are executed.

The following are its exceptions:

 1. Marriage between Filipinos validly solemnized abroad
shall be void when under Philippine laws, such
marriage is void; and
2. Intrinsic Validity of Contracts which shall be
determined by the following rules:
a. The law stipulated by the parties shall be applied;
b. In default thereof, and the parties are of the same
nationality, their national law shall be applied;
c. If the parties are not of the same nationalities, the
law of the place of the perfection of the obligation
shall govern its fulfillment; or
d. If the above places are not specified and they
cannot be deduced from the nature and
circumstances of the obligation, then the law of
the passive subject shall apply.

#19. What are the rules on personal law? Distinguished.

1. Domiciliary Rule where the basis of determining

personal law of an individual is his domicile; and
2. Nationality Rule where the basis of determining
personal law is his citizenship.

#20. What are the rules to follow when the court is confronted
with a case involving a foreign element? If the court is faced
with a case involving a foreign element, it should first
determine:

1. Whether it has jurisdiction over the case

 2. If it has no jurisdiction, it should be dismissed on that
ground;
3. If it has jurisdiction, the court will determine whether
it should assume jurisdiction, or it should dismiss the
case on the ground of forum non-convenience;
4. Once the court has determined it has jurisdiction over
the case, it will next determine whether to apply the
internal law of the forum or apply the proper foreign
law.

#21. What is Forum Non Conveniens?

It is the refusal to assume jurisdiction because it would prove
inconvenience for the forum. #22. When can internal or
domestic law be applied?

Internal or domestic law can be applied when:

1. Law of the forum expressly so provides in its conflicts

rule;
2. Proper foreign law has not been properly pleaded and
proved;
3. Case involves any of the exceptions to the application
of the foreign law.

#23. What is the Doctrine of Processual Presumption of law?

When the proper foreign law has not been properly proved, the
court of the forum may presume that said foreign law is the
same as the law of the forum that said court can now apply.
It applies when the foreign law is not alleged or if alleged, it is
not proved. #24. What is renvoi doctrine?

It literally means referring back. It occurs when a citizen of

another country dies as a domiciliary of another country.

Where the conflict rules of the forum refer to a foreign law, and
the latter refers it back to the internal law, the law of the forum
shall apply.

#25. What will the Courts do, if it is confronted with a case with
a “Renvoi” problem? The Court has the following options:

1. Reject the renvoi – If the conflict rules of the forum

refer later the case to the law of another state, it is
deemed to mean only the internal law of that
state.Thus, the court will apply the foreign law.
2. Accept the renvoi – If the conflict rules of the forum
refer the case to the law of another state, it is deemed
to include the totality of the foreign law (internal law
and conflict of law rules).Thus the court will recognize
the referral back and apply the local law.
3. Follow the Theory of Desisment – also referred to as
Mutual Disclaimer of Jurisdiction Theory.The forum
court upon reference to another state’s law sees that
such law is limited in application to its own nationals
domiciled in its territory and has no provision for
application to nationals domiciled outside of the
territory.Hence the local court will apply the local law.
NOTE: This has the same result as the acceptance of the renvoi
doctrine but the process used by the forum court is to desist
applying the foreign law.

D. Make use of the Foreign Court Theory – Forum acourt

assumes the same position that the foreign court would take if
the case is litigated in the foreign state.

#26. What is transmission theory?

It provides that if the foreign law refers it to a third country, the
said country’s law shall govern.

#27. What is the principle of abuse of rights?

The principle of abuse of rights departs from the classical
theory that “he who uses a right injures no one.”

The modern tendency is to depart from the classical and

traditional theory, and to grant indemnity for damages in cases
where there is an abuse of rights, even when the act is not illicit.

#28. Is abuse of rights actionable? Explain. Yes, abuse of rights

is actionable.

This is clear from the provision of Art. 19 of the NCC, which

declares that “every person must, in the exercise of his rights
and in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith,” and
from the provision of Art. 20, which declares that “every person
who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.”
#29. What elements of an abuse of right must be present in
order that it will be actionable? The following elements must
concur:

1. There is a legal right or duty;

2. Which is exercised in bad faith; and
3. For the sole intent of prejudicing or injuring another.

#30. What is the doctrine of Volenti Non Fit Injuria?

It refers to self-inflicted injuries or to the consent to injury which

precludes the recovery of damages by one who has knowingly
and voluntarily exposed himself to danger, even if he is not
negligent in doing so.

#31. What is the doctrine of Damnum Absque Injuria?

It means damage without injury. One who merely exercises

one’s rights does no actionable injury and cannot be held liable
for damages.

#32. What is the difference between injury and damage?

Injury is the illegal invasion of a legal right; damage is the loss,

hurt, or harm which results from the injury; and damages are the
recompense or compensation awarded for the damage
suffered.

There can be damage without injury in those instances in which

the loss or harm was not the result of a violation of a legal duty.
In such cases, the consequences must be borne by the injured
person alone.
#33. What is the principle of Contra Bonus Mores?

Any person who wilfully causes loss or injury to another in a

manner that is contrary to morals, good customs or public
policy shall compensate the latter for the damage.

#34. What are the elements of an action under the principle of

Contra Bonus Mores? The following are the elements:

A. There is an act which is legal;

2. Such act is contrary to morals, good customs, public

order or policy;
3. It is done with intent to injure.

#35. What is Accion In Rem Verso?

It is the remedy for unjust enrichment.
It is an action for recovery of what has been paid or delivered
without just cause or legal ground.

If a person acquires or comes into possession of something at

the expense of another without just or legal ground through an
act or of performance by another or any other means has the
obligation to return the same.

#36. What are the elements in order to enforce an Accion In

Rem Verso? The following are the requisites:

1. The defendant has been enriched;

2. The plaintiff has suffered a loss;
3. The enrichment of the defendant is without just or
legal ground; and
 4. The plaintiff has no other action based on contract,
quasi-contract, crime or quasi-delict.

#37. What is a prejudicial question?

A prejudicial question is a question which arises in a case, the
resolution of which is a logical antecedent

of the issue involved in said case, and the cognizance of which

pertains to another tribunal. #38. What are the elements of a
prejudicial question?

They are: first, that it must be determinative of the guilt or

innocence of the accused in the criminal case; and second,
jurisdiction to try said question must be lodged in another
tribunal.

#39. What is its effect upon a criminal action?

Its effect upon a criminal case is to suspend it if one has
already been commenced. (Art. 36, NCC.) This is, of course, the
reverse of the ordinary rule of procedure.

The reason for this is that the resolution of the question is

determinative of the guilt or innocence of the accused in the
criminal case.