ANSWER KEY

Enumeration
1.)Dr. Jorge Bocobo;(chairman)
Judge Guillermo B. Guevarra,
Dean Pedro Y. Ylagan
Francisco R. Capistrano
Dr. Carmelino Alvendia (replaced Arturo M. Tolentino)
2.)Requisites to make a custom an obligatory rule
a. Plurality or repetition of acts;
b. Practiced by the great mass of the social group;
c. Continued practice for a long period of time;
d. The community accepts it as a proper way of acting, such that it is considered as obligatory upon
all.

3.)hierarchy of laws
a.)Constitution
b.)Statutes
c.)Administrative or executive acts, orders and regulations.

4.) Exception to the retroactivity of laws

a.) When the law expressly provides for retroactivity
b.) When the law is curative or remedial.
c.) when the law is procedural.
d.)when the law is penal in character and favorable to the accused, provided that the
accused is not a habitual delinquent.

5.) Elements of abuse of right(under art.19 ncc)

a.)There is a legal right or duty;
b.) which is exercised in bad faith;
c.) for the sole intent of prejudicing or injuring another. (Albenson Enterprises Corp. v CA 217
scra 16)
6.) Elements of Acts contra bonus mores.
a.)There is an act which is legal;
b.)but which is contrary to morals, good customs, public order, or publc policy;
c.) and it is done with intent to injure; (Albenson Enterprises Corp. v CA 217 scra 16)
Compare and Contrast
1.) Mandatory law is one the omission of which renders the proceeding or acts to which it
relates generally illegal or void while Prohibitory laws are those which contain positive
prohibitions and are couched in the negative terms importing that the act required shall not
be done otherwise than designated. (Brehm v. Republic 9 scra 172)
2.) Judicial Decision of the Supreme Court are authoritative and precedent-setting while
those of the inferior courts and the Court of appeals are merely persuasive. (Sec. of
Justice v. Catolico 68 scra 62)
3.) Express repeal is a repeal which is literally declared by a new law, either in specific terms,
as where particular laws and provisions are named and identified and declared to be
repealed, or in general terms,as where a provision in a new law declares all and parts of
 laws inconsistent therewith to be repealed while an Implied repeal takes place when a new
law contains provisions contrary to or inconsistent with those of a former without expressly
repealing them.
Essay
1.) The condition of A is null and void. The law that shall govern is Turkish laws not Philippine
laws. In the case of Minciano v. Brimo 50 Phil. 867, ruled that such condition is illegal and
void because under the civil code, the national law of the deceased should govern and not
Philippine laws shoud apply. Thus, turkish laws should apply.
2.) B has the right to damages. In the case of DM Consunji v CA. The Supreme court ruled that
a waiver is the intentional relinquishment of a known right. Furthermore, ignorance of
material fact negates waiver, and waiver cannot be established by a consent given under a
mistake or misapprehensions of fact.In the case at bar, the the defense of waiver interposed
by XYZ company is negated by lack of knowledge of B of her right to damages.
b.)Waivers cannot be made if they are contrary to law, public order, public policy, morals or
good customs, or prejudicial to a third person with a right recognized by law.
3.)James is liable to pay for damages in favor of Nadine not really because of his breach
of promise to marry her but based on Article 21 of the Civil Code. In the case of Gashem
Shookat Baksh v CA 219 scra 115. Breach of promise to marry is not an actionable wrong
per se. In this case, it is the deceit and fraud employed by James that constitutes a violation
of Article 21 of the Civil Code. His promise of marrying Nadine was a deceitful scheme to
lure her into sexual congress.
4.) If the status does not provide for a period of its effectivity, it shall take effect 15 days after its
publication in the Official Gazette or in a newspaper of general circulation.
5.) The general rule is that where part of a statute is void, as repugnant to the organic law, while
another part is valid, the valid portion, IF SEPARABLE from the invalid, may stand and be enforced.
6.) Generally, absolute divorced is not recognized in the Philippine Laws, but under Art.26 par 2, of
the Family Code, the only absolute divorce which the Philippine recognizes is one which is procured
by the alien spouse of the Philippine Citizen.(illustrated by the case of Tenchavez v Escano)