Академический Документы
Профессиональный Документы
Культура Документы
2) The new 1st name or nickname (1.) A person on board a vessel lost
has been habitually and during a sea voyage, or an airplane
continuously used by the which is missing, who has not been
petitioner and he has been heard of for 4 years since the loss of
publicly known by that 1st name the vessel or the airplane
or nickname in the community
(2.) A person in the armed forces who
3) The change will avoid confusion has taken part in war, and has been
missing for 4 years
10. Case: Mossesgeld Vs. CA (3.) A person who has been in danger of
death under other circumstances
Under Art. 407 and his existence has not been
known for 4 years.
WHERE MANDAMUS DOES NOT LIE
If there is doubt, as between 2 or more persons 25. When is civil personality extinguished
who are called to succeed each other, as to which
of them died first, whoever alleges the death of ART. 42
one prior to the other, shall prove the same; in the
Civil personality is extinguished by death.
absence of proof, it is presumed that they died at
the same time and there shall be no transmission The effect of death upon the rights and obligations
of rights from to the other. of the deceased is determined by law, by contract
and by will.
RULE 131 (Presumption on survivorship under
the Revised Rules of Court) 26. Restrictions on the Capacity to Act
Laws relating to family rights and duties or to the Administrative or executive acts, orders and
status, condition and legal capacity of persons are regulations shall be valid only when they are not
binding upon citizens of the Philippines, even contrary to the laws or the Constitution.
though living abroad.
33. JUDICIAL DECISIONS
30. LEX REI SITAE
ART. 8
ART. 16
Judicial decisions applying or interpreting the
Real property as well as personal property is laws or the Constitution shall form part of the
subject to the law of the country where it is legal system of the Philippines.
situated.
34. PRINCIPLE OF STARE DECISIS
UNDER ART. 7
The doctrine of Stare Decisis or let it stand, is 37. PROSPECTIVITY OF LAWS
adhered in the Philippines for reasons of stability
in the law. The doctrine, which is really ART. 4
“adherence to the precedents” states that once a Laws shall have no retroactive effect, unless the
case has been decided one way, then another case, contrary is provided
involving the same point at issue, should be
decided in the same manner. A. REASON WHY LAWS IN GNERAL ARE
PROSPECTIVE
Of course, when a case has been decided While the judge looks backward, the
erroneously, such an error must not be legislator must look forward
perpetuated by blind obedience to the doctrine.
B. 6 EXCEPTIONS TO THE PROSPECTIVE
EFFECT OF THE LAW
35. IGNORANCE OF THE LAW EXCUSES NO ONE
1. If the law themselves provide for
Art. 3 retroactivity but in no case must an
Ignorance of the law excuses no one from ex post facto law be passed
compliance therewith. 2. If the laws are REMEDIAL in nature
3. If the stature is PENAL in nature,
Refers not only to the literal words of the provided:
law itself, but also to the meaning or a. It is favorable to the accused/
interpretation given to said law by our the convict
courts of justice b. The accused/convict is not a
habitual delinquent as the
36. Rule when the repealing law is itself term defined under the RPC
repealed 4. If the law are of an EMRGENCY
ART. 7 nature
5. If the law is CURATIVE
EFFECT IF THE REPEALING LAW IS ITSELF 6. If a SUBSTANTIVE RIGHT be
REPEALED declared for the 1st rime, unless
vested rights are impaired.
If months are designated by their name, they shall Personality does not begin at birth; it
be computed by the number of days which they begins at conception this personality at
respectively have. conception is called presumptive
personality
In computing a period, the 1st day shall be
excluded and the last day included. Art. 228