Civil Code of the Philippines: Art. 7
Art. 7. Laws are repealed only by subsequent ones, and their violation ornon-observance shall not be excused by disuse, or custom or practice to thecontrary. 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 validonly […]
Family Code of the Philippines:Additional Requirements for Annulment or Declaration of Nullity
Art. 48. In all cases of annulment or declaration of absolute nullity ofmarriage, the Court shall order the prosecuting attorney or fiscal assigned to itto appear on behalf of the State to take steps to prevent collusion between theparties and to take care that evidence is not fabricated or suppressed.In the cases referred to in […]
Civil Code of the Philippines: Articles 8,9,10,11,12 and 13
Art. 8. Judicial decisions applying or interpreting the laws or theConstitution shall form a part of the legal system of the Philippines. This is a new provision taken from common law. Under the civil law tradition, thecourt merely applies the law. However since the Philippine legal system is acombination of civil law and common law, […]
Family Code of the Philippines: Foreign Marriages and Foreign Divorces
Art. 26, . All marriages solemnized outside the Philippines, inaccordance with the laws in force in the country where they were solemnized,and valid there as such, shall also be valid in this country, except thoseprohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. General Rule: Foreign marriages which are in accordance with […]
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 […]
Notary Public
Notarial Practice Notary Public or a notary is any person commissioned toperform official acts(1) Acknowledgements;(2) Oaths and affirmations;(3) Jurats;(4) Signature witnessing;(5) Copy certifications; and(6) Any other act authorizes in the rules Purpose: To verify the personal appearance of affiant and the genuineness of signature To authenticate document and […]
Murder in the Philippines: Basic Criminal Law Guide
Philippine Legal Guide Murder cases require a disciplined review of the records, the alleged qualifying circumstances, and the actual evidence gathered by investigators. This guide explains the general practical issues families commonly review first. Legal ConsultationContact the Office What Families Usually Need to Understand First A serious criminal case is not just about the accusation […]
Killing a Spouse After Discovering Infidelity: Criminal Law Guide
Criminal Law Guide Killing a Spouse After Discovering Infidelity: Criminal Law Guide The discovery of infidelity is emotionally devastating, but Philippine law does not justify killing a spouse under these circumstances. The crime of parricide carries severe penalties, and the victim’s infidelity is not a legal defense. Legal Consultation Criminal Law Hub Parricide vs. Homicide […]