Name: Richard A.

Cortez Section: Block B Year: 1st Year Juris Doctor Subject: Persons & Family Relations

Rephrase the Civil Code from Article 1 to

Article 1: The Civil Code of the Philippines shall be known by this act
Article 2: Following the publication in the Official Gazette this shall take effect after fifteen days, unless provided. After
one year after the publication this code shall take effect.
Article 3: No one is excused because of ignorance of the law from compliance therewith.
Article 4: Unless it is provided, no retroactive effect must be applied to this law.
Article 5: Acts shall be void against provisions of mandatory or prohibitory laws, except authorized by the law.
Article 6: Unless contrary to the law, public order, public policy, morals, good customs, or prejudicial to a third person
with a right recognized by law, rights may be waived.
Article 7: Subsequent law can only replace another law.
Article 8: Judicial decisions applying or interpreting the laws or the constitution shall be part of the legal system.
Article 9: Judgment should be rendered at all times.
Article 10: The lawmaking body should always see to it that justice will prevail
Article 11: Customs should always be in accordance with the law or public order.
Article 12: The rules of evidence must always prevail and custom must be fact.
Article 13: According to the law a year is 365 days; month is 30 days; day 24 hours; and nights from sunset to sunrise
Article 14: Penal laws shall be obligatory to those who sojourn in the Philippine territory and are subject to international
law.
Article 15: Even though living abroad, citizens of the Philippines are bounded by penal laws.
Article 16: The law of the country stipulated subject the real property.
Article 17: The law of the country in which forms and solemnities of contracts, wills, and another public instrument must
be followed.
Article 18: This code shall supply the deficiency in matters which are governed by the code of commerce.
Article 19: Every person must not harm another human being
Article 20: An indemnity shall be given to the oppressed person.
Article 21: Just compensation should be given as a result of damages.
Article 22: If anyone possesses a property not lawfully acquired, it must be returned.
Article 23: If a defendant was benefited even though it wasn’t his fault, he must indemnify the other person
Article 24: The court must protect those the right of every person.
Article 25: During the period of emergency, thoughtless extravagant is prohibited.
Article 26: Every person must respect another person
Article 27: Public office is a public trust.
Article 28: Unjust practices may be punishable
Article 29: A civil actions may only be filed after criminal action is done; it requires only preponderance of evidence.
Article 30: Preponderance of evidence shall likewise be sufficient to prove the act.
Article 31: Civil action proceed independently when a civil action is based on obligation not arising from criminal offense
Article 32. Public officers or employee should not directly or indirectly obstruct rights of another person
Article 33. Civil action shall proceed independently from criminal prosecution & require only preponderance of evidence
Article 34. The civil action shall be independent of any criminal proceedings
Article 35.
Article 36.
Richard A. Cortez 1st Year Block B Assignment on Persons and Family Relations

Prejudicial Question

-A prejudicial question is an issue involved in a civil case which is similar or intimately related to the issue
raised in the criminal action, the resolution of which determines whether or not the criminal action may
proceed. (Sec. 7, Rule 111)

A prejudicial question is defined as that which arises in a case the resolution of which is a logical
antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. The
prejudicial question must be determinative of the case before the court but the jurisdiction to try and
resolve the question must be lodged in another court or tribunal. It is a question based on a fact distinct
and separate from the crime but so intimately connected with it that it determines the guilt or innocence
of the accused. (Sabandal v. Tongco, G.R. No. 124498, October 5, 2001)

Separate Civil Action