Legal Resource PH

Philippine
Law

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Legal Resource PH

Learning and Resource Site for Philippine Laws

Revised Penal Code

Parricide, Revised Penal Code

1. Concept and legal basis “Parricide” – refers to offense/crime of killing another who may be a spouse or a direct blood ascendant or descendant,

Civil Code

Family Home

1. WHAT CONSTITUTES A FAMILY HOME The family home, constituted jointly by the husband and the wife or by an unmarried head of a family,

Void contracts – Contracts Law

1. Concept The following contracts are inexistent and void from the beginning: 1) Those whose cause, object or purpose is contrary to law, morals, good

Parental Authority

1. GENERAL PROVISIONS Scope and extent of parental authority. Pursuant to the natural right and duty of parents over the person and property of their

Support

1. WHAT IT COMPRISES Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the

Family Code

Support

1. WHAT IT COMPRISES Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the

Legal Separation

1. GROUNDS FOR LEGAL SEPARATION Grounds for legal separation: 1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or

Retroactivity of the Family Code

Concept: Retroactivity. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil

Paternity Filiation

1. Legitimate children Concept: Legitimate children. Children conceived or born during the marriage of the parents are legitimate.(Article 164, Ibid.) Conceived or born during marriage.

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Legal Maxims

verba legis non est recedendum

Latin maxim. • “from the words of a statute there should be no departure” (Chavez v. JBC, En Banc, G.R. No. 202242, July 17, 2012)

suum jus summa injuria

Latin maxim. • “the abuse of a right is the greatest possible wrong” (Gonzales v. Philippine Commercial Bank and International Bank, G.R. No. 180257, February

summun jus, summa injuria

Latin maxim. • “circumstances alter cases” (Sanchez v. CA, G.R. No. 96306, August 20 1993 [Per J. Romero, Concurring Opinion])

Political Law

1987 Constitution

Diplomatic power, Constitutional Law

Preliminary President – as sole organ and authority in external relations. In our system of government, the President, being the head of state, is regarded

Bill of Rights

Equal protection, Bill of Rights

1. Concept No person shall be denied the equal protection of the laws. (Section 1, Article III, 1987 Constitution) a. Classification The equal protection of

Due process, Bill of Rights

1. Concept a. 2 aspects of due process Due process of law has two aspects: substantive and procedural. In order that a particular act may

Legal Ethics

Obligations & Contracts

Law on obligations

Law on contracts

Voidable contracts – Contracts Law

1. Concept Voidable contracts are binding, unless they are annulled by a proper action in court.(Paragraph 2, Article 1390, Ibid.) a. Voidable contracts The following

Legal Profession

Legal & Judicial Ethics

Lawyer’s duty to society

a. Respect for law and legal processes Canon 1: A lawyer shall uphold the Constitution, obey the laws of the land, and promote respect for

Bar Exam

Suggested Answers

Question XV, Civil Law, 2017 Bar Exam

Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his girlfriend Rosella to execute a document entitled “Continuing Guaranty Agreement” whereby

Question X, Civil Law, 2017 Bar Exam

Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void: (a) A contract of sale between Lana and Andy wherein 16-year old Lana