Civil Code of the Philippines: Absense
Absence is that special legal status of one who is not in his domicile, his whereaboutsbeing unknown and it being uncertain whether he is dead or alive.Example: When Lacson went to the US, Lacson was not absent since his whereaboutswere known. Stages of Absence (According to Seriousness)1. Temporary or Provisional (Articles 381 – 383)Art. 381. […]
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 […]
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 […]
Parricide in the Philippines: Basic Criminal Law Guide
Philippine Legal Guide Parricide is a serious criminal-law topic that requires careful factual and documentary review. This guide explains the general issues people usually examine first when a case or accusation involves parricide. Legal ConsultationContact the Office Why the Relationship and Facts Matter The legal analysis depends on the exact relationship alleged, the surrounding events, […]
Rights During Custodial Investigation in the Philippines: Basic Guide
Philippine Legal Guide Statements made during custodial investigation can have serious consequences. This guide explains the practical rights and evidence issues people commonly review when police questioning is already happening or has already happened. Legal ConsultationContact the Office Why This Stage Is Sensitive Custodial investigation issues often arise when a person is already under police […]
Rights of the Accused at Trial in the Philippines: Basic Guide
Philippine Legal Guide Criminal trial can feel confusing if the accused person and the family do not understand the basic process. This guide explains the general rights and practical preparation issues people usually review before a hearing. Legal ConsultationContact the Office Why Trial Preparation Matters A criminal case is not handled well by guesswork. The […]
Bail in the Philippines: Basic Guide
Philippine Legal Guide After an arrest, families often need a basic explanation of bail, the court process, and the documents that should be reviewed quickly. This guide covers the general practical points people usually ask first. Legal ConsultationContact the Office What Bail Usually Tries to Address Bail concerns the temporary liberty of the accused while […]
Warrant of Arrest in the Philippines: Basic Guide
Philippine Legal Guide A warrant of arrest creates immediate pressure for both the accused person and the family. This guide explains the general issues people usually examine first, including identity, paperwork, venue, and the need for prompt legal review. Legal ConsultationContact the Office What Families Usually Check First the exact case title and court whether […]