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TOPIC
PARTICULARS
RULING / NOTES
EFFECTIVITY
REFERENCE
EFFECTIVITY OF LAWS
NCC 2
OCC = AUG 30 50
NCC =
FC = AUG 3 88
LC 5
INTERNAL RULES
BP 799
RATE OF INTEREST
6% per annum
PUB/FIL = 6/28/13
EFFECT = 7/1/13
ILLEGAL COLLECTION;
NON-PUBLICATION
RAC 3 & 4
UPLC FILING,
EFFECTIVITY
3 Copies in 3 Months. In ADDITION to the OTHER rule making requirements provided by law, each
rule effective 15 days from filing unless otherwise. LEGALLY INVALID, DEFECTIVE,
UNENFORCEABLE
NMSMI v DND
PUBLICATION
Tanada v Tuvera
SEC v GMA
PUBLICATION
PUBLICATION
Rate-fixing is a legislative function which concededly has been delegated to the SEC by R.A. No.
3531, the courts may intervene by virtue of due process
Memorandum Circular 1:
Filing fees for articles of incorporation
In such case, MC 2 was not published in Official Gazette or NGC nor filed in the UPLC
IGNORANCE
NCC 4
NON-RETROACTIVITY
FC 40
SUBSEQUENT MAR;
JUDICIAL DECLARATION
PN423
PD 2476
RA 3531
TOPIC
PARTICULARS
FC 105
RETROACTIVITY;
REGIME
FC 256
RETROACTIVITY
AM 02-11-10
PARTIES DECLARATION
OF NULLITY
RULING / NOTES
FC 147
COHABITATION BY
CAPACITATED PERSONS
FC 148
COHABITATION BY
INCAPACITATED
PERSONS
5) Disposition?
FAMILY
Social Institution
Foundation of nation
FC 172
LEGIT FILIATION;
PROOF
1) How proven?
2) IF absent?
1)
a.Record of birth in civil registrar
b.Final judgement
2)
a. Open continuous possession of the status of legitimate child
b. Any other means allowed by RoC and Special Laws
FC 173
PERIOD TO FILE
transmitted to heirs IF
a) DEAD DURING MINORITY
b) INSANE
REFERENCE
TOPIC
PARTICULARS
RULING / NOTES
FC 174
RIGHTS OF LEGITIMATE
FC 175
ILLEGITIMATE;
PROOF OF FILIATION
Same way/evidence as LC
What period?
Same as LC
XPN: During lifetime of alleged parent
Open & continuous possession of status
Other means allowed by RoC and Special Laws
FC 256
CODE RETROACTIVITY
R 72
Quiao v ~
VESTED RIGHTS
MAR = OCC1977
Yes, the OCC provides for the appropriate rule for his Conjugal share to be forfeited in favor of the
common children
Legal Separation
Custody and delivery of presumptive
legitimes
The argument of Net Earned Profits applicable in the ACP provisions is untenable
REFERENCE
FC 102
FC 129
FC 256
PP v Ancajas
RETROACTIVE;
OLD CIVIL CODE;
VESTED RIGHTS
Validity must be ruled in accordance with the governing law at the celebration
RETROACTIVE;
VOID v VOIDABLE
OCC = No JD needed to be VOID
NCC = JD needed to be VOID
Mendoza/Aragon/Amante
Domingo
Apiag/TY, NCC =/= old
marriages
RA 9344
SEC v Laigo
NATURE OF LAW;
Carolino v Senga
VESTED RIGHT,
DEFINITION
NOT RETROACTIVE
Retired AFP Colonel in 1976 under RA 340, Due process prohibits annihilation of vested rights except in a legitimate exercise of police power
withheld benefits in 05, struck of retire list
Vested Right is the concept of present fixed interest in right reason and natural justice be protected
Does PD 1638 infringe on Ps Retirement
against arbitrary state action
benefits? [Loss of FIL citizenship
terminates retirement benefits]
Vested rights = legal/equitable title, exemption from new obligations after the right vests
Definition of Vested Right?
The nature of the PNC was curative, hence it may retroactively be applied
If it takes or gives rights, it is substantive
S33 & S35 recognizes vested rights, nothing shall construe the reduction of benefits received under
existing law; xxx to preserve the rights granted at the time of its passage
RA 340
PD 1638, sgd. 1979
Rotairo v Alcantara
TOPIC
PARTICULARS
RULING / NOTES
REFERENCE
RETROACTIVE INTENT
Duenas v Santos
NOT RETROACTIVE
S21 says: Condos sold before effectivity, MUST complete its obligations w/in 2 years shall be
punished in 38/39 of this degree
INTENT = BAD FAITH
PD 1216
Eugenio, non-development of the subdivision is not present in this case, nor any allegation of nonpayment of amortizations
OCC & NCC contain no provision on who can file a petition to declare the nullity of a marriage
AM 2-11-10 (N/A)
Spouse should have been impleaded, Wife = indispensable party, substantial rights in this action will
definitely affect.
Carlos v Sandoval
(petitioner must stand to
benefit)
Ablaza v RP
NCC 1001
NCC 1003
Guy v CA
WAIVER
OCC: 285
Illegitimate Minors whose putative parent died during their are given the right to seek recognition for
a period of up to four years from attaining majority age. This vested right was not impaired or taken
Release and Waiver Claim for financial and away
educational assistance, will THIS bar them
from claiming successional rights?
FC:
prescription depends on the type of evidence to be adduced
R 74
OCC 285 - Action to
recognize may be
brought during the
lifetime of the parents
only
(1) 4 yrs from majority
(2) recognize child
Ty v CA
TOPIC
PARTICULARS
RULING / NOTES
REFERENCE
FC shall not retroact for it shall impair vested rights of the petitioner and children
People v. Mendoza
People v. Aragon
VOID FROM
PERFORMANCE
2nd marriage of private respondent was entered into in 1979, before Wiegel. At that time, the
prevailing rule was found in Odayat, Mendoza and Aragon. The first marriage of private respondent
being void for lack of license and consent
Mercado v Tan
Bobis v Bobis
Gomez v. Lipana
Consuegra v. Consuegra,
OCC 83
DEAD 7
RP v Miller
VESTED RIGHTS;
ADOPTION
DEFINITION
Vested Rights = Fixed Interest, whose existence, effectivity and does not depend on events foreign to (Child Youth Welfare
the will of the holder
Code)
SolGen opposed
The right has become vested at the time of filing of the petition for adoption
Atienza v Brillantes
RETROACTIVE;
Gross IMMOR, IMPROP case with Judge B FC 40 applies regardless when 1st MAR celebrated
FC 40 is procedural = no vested rights
FC 40 can retroact?
Subsequent MAR is VOID
1st MAR = OCC1965, no license
2nd MAR = FC 1991 in CALI
NCC 8
LEGAL SYSTEM
Jurisprudence,
FC 36
PSYCHOLOGICAL
INCAPACITY
A marriage contracted
Psychologically Incapacitated
To Comply with
ESSENTIAL MARITAL OBLIGATIONS
= VOID
Weigel v Sempio-Diy
UNFAIR COMPETITION
In AGRI/COMR/INDS/LABR:
FC 40
Failure to perform
ESSENTIAL MARITAL
OBLIGATIONS
through:
FORCE/INTIMIDATION
DECEIT/MACHINATION/
OTHER UNJUST, HIGH HANDED METHOD
FBDC v CIR
PLDT v Alvarez
PENDING CASES
Stare decisis only applies to FINAL decisions, in such other case, may still be MRd
Judicial decisions form part of the legal system of the Philippines
PD401
Ting v Ting
TOPIC
PARTICULARS
RULING / NOTES
REFERENCE
RULINGS &
RETROACTIVITY
PSYCHOLOGICAL INCAPACITY
MAR 1975
Alcoholism/ Violence/ Gambling/ NonSupport
Presented Expert Witnesses
The interpretation/construction of a law constitutes as part of the law from when the statute was
enacted
Santos v CA
Molina v CA
BUT
When a prior ruling is overruled, and a different view is adopted that the new doctrine shall apply
prospectively in favor of parties who relied on the old doctrine in good faith LEX PROSPICIT, NON
RESPICIT
HORIZONTAL/VERTICAL, CONSTITUTIONAL/STATUTORY
Planned PArenthood v
Casey - Practical, Undue
Hardship