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- Civil Code of the Philippines: Articles 8,9,10,11,12 and 13
Constitution 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, the court merely applies the law However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent Art 9
- Civil Code of the Philippines :Presumptive Death - Attykalibre
391 of the Civil Code, an absence of only two years shall be sufficient For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the
- Civil Code of the Philippines: Surnames - Attykalibre
Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force Illegitimate children shall use the surname of the mother Art 377 Usurpation of a name and surname may be the subject of an action for damages and other relief Art 378 The unauthorized or unlawful use of another person
- Civil Code of the Philippines: Human Relations, Arts. 19 to 36
Art 30 When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of Art 31 When the civil action is based on an obligation not
- Civil Code of the Philippines: Conflicts of Law Provisions, Arts. 14 . . .
Art 14 Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations Two principles: 1 Territoriality General Rule: Criminal laws apply only in Philippine territory Exception: Article 2, Revised Penal Code 2 Generality General Rule: Criminal
- Civil Code of the Philippines: Juridical Persons, Arts. 44, 45 ,46, and 47
governed by the provisions of this Code concerning partnerships Art 46 Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization Art 47 Upon the dissolution of corporations, institutions and other
- Civil Code of the Philippines: Citizenship and Domicile
Philippines; (3) Those whose fathers are citizens of the Philippines; (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship; (5) Those who are naturalized in accordance with law This has been superseded by the Constitution ARTICLE IV, PHILIPPINE CONSTITUTION Section 1
- 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 statutes (3) In case of curative statutes (4) In case
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