Civil Code Article 1-36

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This deck includes 36 flashcards covering public policy, laws generally, interpreting laws, and related concepts. Use it to review key Government ideas, focus on weak cards, and prepare for your exam with StudyLess.

1. 01

   When do laws generally become effective?

   15 days after publication, unless a different effectivity date is provided by law.

2. 02

   Under what conditions may rights be waived?

   Rights may be waived, provided the waiver is not contrary to law, public morals, good customs, or prejudicial to third persons.

3. 03

   How are laws repealed?

   Laws are repealed only by subsequent laws; disuse or contrary custom does not repeal a law.

4. 04

   What is the role of judicial decisions in interpreting laws?

   Judicial decisions interpreting laws form part of the Philippine legal system (jurisprudence).

5. 05

   Can courts refuse to decide a case based on the law being silent, obscure, or insufficient?

   No, courts cannot refuse to decide a case on these grounds.

6. 06

   What is presumed when interpreting laws?

   It is presumed that the legislature intended right and justice to prevail.

7. 07

   What is the legal standing of customs contrary to law, public order, or public policy?

   Such customs have no legal effect.

8. 08

   How must a custom be proven?

   A custom must be proved as a fact according to the rules of evidence.

9. 09

   What do the rules for computing legal periods cover?

   The rules cover the computation of legal periods in years, months, days, and nights.

10. 10

    Who are bound by penal and public security laws within the Philippine territory?

    Everyone within the Philippine territory, including foreigners, is bound by these laws.

11. 11

    Which laws govern family rights, duties, status, condition, and legal capacity?

    Laws on family rights, duties, status, condition, and legal capacity follow Filipino citizens even when abroad.

12. 12

    What law governs real property?

    Real property is governed by the law where it is situated (lex rei sitae); succession follows the national law of the deceased.

13. 13

    What governs the form and solemnities of legal acts?

    The form and solemnities of legal acts are governed by the law where they are executed (lex loci celebrationis), subject to exceptions.

14. 14

    Can Philippine laws be rendered ineffective by foreign laws, judgments, or determinations contrary to Philippine public policy?

    No, Philippine laws cannot be rendered ineffective by such foreign actions if they are contrary to Philippine public policy.

15. 15

    What are the obligations of every person regarding conduct?

    Every person must act with justice, give everyone their due, and observe honesty and good faith (Doctrine of Abuse of Rights).

16. 16

    What is the effect of ignorance of the law?

    Ignorance of the law excuses no one from compliance.

17. 17

    Are laws generally retroactive or prospective?

    Laws are prospective, not retroactive, unless expressly provided.

18. 18

    What is the status of acts violating mandatory or prohibitory laws?

    Such acts are void, unless the law provides otherwise.

19. 19

    Who is liable for damages caused by willful or negligent violation of law?

    Anyone who willfully or negligently violates the law and causes damage is liable for damages.

20. 20

    Who is liable for damages caused by acts contrary to morals, good customs, or public policy?

    A person who acts contrary to morals, good customs, or public policy, causing injury, is liable for damages.

21. 21

    What is the principle of unjust enrichment?

    Unjust enrichment is prohibited; no one should benefit at another's expense without legal basis.

22. 22

    When may a person be required to compensate another for labor or property?

    A person who benefits from another's labor or property without just cause may be required to compensate.

23. 23

    What is the duty of courts regarding disadvantaged or vulnerable parties?

    Courts must protect parties who are disadvantaged or vulnerable (e.g., the minor, the poor, the disabled).

24. 24

    What may be restrained by courts during emergencies or calamities?

    Excessive profiteering or extravagance may be restrained by courts.

25. 25

    What does Article 26 protect regarding personal relations?

    It protects a person's privacy, dignity, peace of mind, and family relations from unjust interference.

26. 26

    What is the liability of public officers who refuse or neglect official duties?

    Public officers who refuse or neglect official duties without just cause may be liable for damages.

27. 27

    What is the consequence of unfair competition through force, intimidation, deceit, or similar means?

    Unfair competition through force, intimidation, deceit, or similar means gives rise to damages.

28. 28

    Can a civil action proceed even if the accused is acquitted in a criminal case?

    Yes, a civil action may proceed even if the accused is acquitted on reasonable doubt, if civil liability is established by a preponderance of evidence.

29. 29

    When can a separate civil action be brought that is not based on the criminal act?

    A separate civil action may be brought when civil liability arises from an obligation not based on the criminal act.

30. 30

    Can a civil action based on an independent obligation proceed regardless of criminal proceedings?

    Yes, a civil action based on an independent obligation may proceed regardless of criminal proceedings.

31. 31

    Who can sue for damages related to violations of constitutional rights and liberties?

    A person whose constitutional rights and liberties are violated may sue for damages independently of any criminal case.

32. 32

    What types of cases may lead to an independent civil action for damages?

    Cases of defamation, fraud, and physical injuries may lead to an independent civil action for damages.

33. 33

    Who is primarily liable for damages if police officers refuse or fail to render aid?

    Police officers who refuse or fail to render aid are primarily liable for damages; the city or municipality is subsidiarily liable.

34. 34

    Can an injured party bring a civil action for damages if no criminal case is filed despite a complaint?

    Yes, the injured party may bring a civil action for damages, subject to legal requirements.

35. 35

    What governs prejudicial questions affecting criminal cases?

    Prejudicial questions affecting criminal cases are governed by the Rules of Court issued by the Supreme Court.

36. 36

    What is the official name of the law established by Article 1?

    The Civil Code of the Philippines.