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: Conflicts of Law Provisions, Arts. 14 ,15, 16, 17, and 18
Art. 14. Penal laws and those of public security and safety shall beobligatory upon all who live or sojourn in the Philippine territory, subject to theprinciples of public international law and to treaty stipulations. Two principles:1. TerritorialityGeneral Rule: Criminal laws apply only in Philippine territory.Exception: Article 2, Revised Penal Code.2. GeneralityGeneral Rule: Criminal laws apply […]
Family Code of the Philippines: Effects of a Defective Marriage
provisions in favor of the offending spouse made in the will ofthe innocent spouse shall be revoked by operation of law.Art. 64. After the finality of the decree of legal separation, theinnocent spouse may revoke the donations made by him or by her infavor of the offending spouse, as well as the designation of the […]
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 […]