Civil Code of the Philippines:Natural Persons , Arts. 40,41,42 and 43
Art. 40. Birth determines personality; but the conceived child shall beconsidered born for all purposes that are favorable to it, provided it be bornlater with the conditions specified in the following article.Art. 41. For civil purposes, the foetus is considered born if it is alive atthe time it is completely delivered from the mother’s womb. […]
Civil Code of the Philippines: Juridical Persons, Arts. 44, 45 ,46, and 47
Art. 44. The following are juridical persons:(1) The State and its political subdivisions;(2) Other corporations, institutions and entities for public interest orpurpose, created by law; their personality begins as soon as they havebeen constituted according to law;(3) Corporations, partnerships and associations for private interest orpurpose to which the law grants a juridical personality, separate anddistinct […]
Civil Code of the Philippines: Surnames
Surnames are important for identification. Surnames identify the family to which aperson belongs (transmitted from parent to child). A name is a word or a combination by which a person is known or identified (Republicvs. Fernandez) Characteristics of Surnames1. Absolute – intended to protect from confusion2. Obligatory3. Fixed – can’t change at one’s leisure4. Outside […]
Civil Code of the Philippines: WHEN LAWS TAKE EFFECT Art. 2.
WHEN LAWS TAKE EFFECT Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Tañada v. Tuvera (1986): (a) The clause “unless it is otherwise provided” refers to the date […]
Civil Code of the Philippines: IGNORANCE OF THE LAW Art. 3.
IGNORANCE OF THE LAW Art. 3. Ignorance of the law excuses no one from compliance therewith. (2) (a) Conclusive Presumption – That everyone knows the law, even if they have no actual knowledge of the law (b) Mistake of Fact & Difficult Questions of Law – These may excuse a party from the legal consequences […]
Civil Code of the Philippines: RETROACTIVITY OF LAWS Art. 4.
RETROACTIVITY OF LAWS Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) General Rule: All statutes are to be construed as having only prospective operation Exceptions (1) When the law itself expressly provides Exceptions to Exception: (a) Ex post facto law (b) Impairment of contract (2) In case of remedial […]
Affidavit Sample Format in the Philippines
General legal form reference An affidavit is a sworn written statement commonly used to confirm facts, identify events, or support an application, transaction, or legal filing. When This Form Is Commonly Used Confirming facts within the personal knowledge of the affiant Supporting applications, complaints, or administrative requirements Explaining a specific incident, transaction, or relationship Providing […]
Special Power of Attorney Sample Format in the Philippines
General legal form reference A Special Power of Attorney or SPA is commonly used when one person authorizes another person to perform specific acts on their behalf. When This Form Is Commonly Used Authorizing sale, purchase, or transfer-related transactions Allowing another person to process documents before government offices or private institutions Authorizing banking, property, or […]
Promissory Note Sample Format in the Philippines
General legal form reference A promissory note is a written promise to pay a debt or obligation according to stated terms, dates, and amounts. When This Form Is Commonly Used Recording a personal loan or private borrowing arrangement Documenting payment terms, due dates, and interest terms where applicable Clarifying the amount borrowed and the consequences […]
Chattel Mortgage Sample Format in the Philippines
General legal form reference A chattel mortgage is commonly used to secure an obligation with personal property, such as a vehicle or other movable asset, subject to the applicable legal and registration requirements. When This Form Is Commonly Used Securing a loan or obligation with movable property Describing the collateral and the secured debt clearly […]