HIGHLIGHTS OF READING ASSIGNMENT Civil Law Review I October 10, 2020
August 1, 2022 | Author: Anonymous | Category: N/A
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HIGHLIGHTS OF READING ASSIGNMENT Civil Law Review I, October 10, 2020 A. 1. Defnion o Law by Sanchez Roman – Law is a rule o conduct, just, obligatory, promulgated by legimate authority, and o common observance and beneft. B. Art. 2, Civil Code –Eecvity o the ollowing 1. Law – shall take eect AFTER feen days FOLLOWING COMPLETION o their publicaon in the Ocial Gazee, unless it is otherwise provided
2. Civil Code shall take eect ONE YEAR aer publicaon
C. When No Publicaon o the Law Needed – 1. General Rule - where the law provides or its eecvity such as a defnite date (April 5, 2020) or upon approval by the president or approval by Congress over the veto o the president. (Askay v. Casalan 46 Phil. 179) 2. Excepon – where the law is punive D. Date o Eecvity o the Civil Code - August 30, 1950, one year exactly the Ocial Gazee publishing the Code released the same or circulaon, the release having been made on August 30, 1949. (Obiter dictum in Lara v. Del Rosario, 50 OG 1957) E. Art. 4 – Laws shall have no retroacve eect, e ect, unless the contrary is provided 1. General rule – laws have prospecve eect 2. Excepon – when the retroacve eect e ect is expressly provided or F. Art. 6 – Waiver o Rights `
1. General rule – Rights may be wa waived 2. Excepon – when the waiver is contrary to law, public order, public policyt, morals or good cusoms or prejudicial to a third person with a right recognized by law 3. Examples o rights that cannot be waived waived – right to present or uture support, right to uture inheritance, the renunciaon o such rights would inringe inringe upon public policy like like the right to be heard,legal right to repurchase a homestead 4. Examples o rights that may be renounced – support in arrears, venue o acons, right o the accused to be helped by counsel
G. Art. 7 – Rules on Repeal and Supremacy o the Constuon 1. Laws are repealed only by subsequent ones, their violaon or non-observance shall not be excused by disuse or custom or pracce to the contrary 2. Laws declared by courts as inconsistent with the Constuon shall be void and the laer shall govern 3. Example o an unconstuional law – see In Re Cunanan ( the Bar Flunkers’ F lunkers’ Case) See also the dissenng opinion o Jusce Paras H. Art. 8 – Judicial decisions applying or interpreng the laws or the Constuon shall orm a part o the legal system o the Philippines. 1.Such judicial decisions are part o the legal system, sll they are not laws. 2. Disncon between rao decidendi and obiter dictum The rao decidendi o a fnal judgment states the reasons re asons or such judgment An obiter dictum is an opinion not necessary to the determinaon o a case.
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