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,
Unlawful appointments, Revised Penal Code
1. Concept Article 244. Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall
RPC Application, A2 Revised Penal Code
1. Concept The application of the Revised Penal Code – refers to its to the scope and extent of its enforceability, whether inside or outside
Craft, fraud, disguise, A14(14) Revised Penal Code
1. Concept Craft, fraud, disguise, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender resorted to employing
Disobeying request for disqualification, Revised Penal Code
1. Concept Article 242. Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to
Escape of prisoner under the custody of a person not a public officer, Revised Penal Code
1. Concept Article 225. Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who
Civil Code
Chapter 3. Juridical Persons (Title I, Book III, Civil Code)
Article 44. The following are juridical persons: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose,
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
Property relations between husband and wife
1. General provisions a. RULES GOVERNING PROPERTY REGIMES The property relationship between husband and wife shall be governed in the following order: 1) By marriage
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
Rights and obligations between husband and wife
1. TO LIVE TOGETHER The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.
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
Chapter 1. Requisites of Marriage (Title I, Family Code)
EXECUTIVE ORDER NO. 209 THE FAMILY CODE OF THE PHILIPPINES I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in
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.
Data
Privacy
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)
ubi lex non distinguit nec nos distinguere debemus
Latin maxim. • “Where the law does not distinguish, neither should we.” (Sps. Plopenio v. DAR, G.R. No. 161090 and 161092, July 4, 2012)
the intent of a statute is the law
Maxim. • “The intent of a statute is the law.” (Tiu v. CA, En Banc, G.R. No. 127410, January 20, 1999)
favorabilia sunt amplianda adiosa restrigenda
Latin maxim. • Penal laws which are favorable to the accused are given retroactive effect. (Ortega v. People, G.R. No. 151085, August 20, 2008, Per
actus me invito factus non est meus actus
Latin maxim • “An act done by me against my will is not my act” (People v. Dequina, G.R. No. 177570, January 19, 2011)
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])
1987 Constitution
Supreme Court – composition and powers, Constitutional Law
1. Composition 1 Chief Justice and 14 Associate Justice. The Supreme Court shall be composed of a Chief Justice and fourteen (14) Associate Justices. It
Houses of Congress, Constitutional Law
Preliminary The legislative power shall be vested in the Congress of the Philippines which shall consist of a: 1) a Senate; and 2) a House
Legislative privileges, inhibitions, and qualifications, Constitutional Law
1. Legislative Privilege a. Immunity from arrest A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than
Right against excessive fines, cruel and inhuman punishments, Bill of Rights
1. Concept Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Section 19[1], Article III, 1987 Constitution) The employment of physical,
President and Vice-President’s qualifications, Constitutional Law
1. Qualifications a. President Qualifications to be President: No person may be elected President unless he is: 1) A natural-born citizen of the Philippines; 2)
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
Arrests, searches, seizures, Bill of Rights
1. Requisites of a valid warrant Requisites of a valid warrant: A search warrant shall not issue except: 1) Upon probable cause; 2) In connection
Freedom of speech and expression, Bill of Rights
1. Political speech a. Concept Freedom of expression is the freedom to disseminate ideas and beliefs, whether competing, conforming or otherwise. It is the freedom
Right to information, Bill of Rights
1. Concept a. Scope Right to information. The right of the people to information on matters of public concern shall be recognized. Access to official
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
Rights under custodial investigations, Bill of Rights
1. Concept Miranda rights. The guarantees of Sec. 12 (1), Art. III of the 1987 Constitution, or the so-called Miranda rights, may be invoked only
Obligations & Contracts
Law on obligations
Kinds of obligations – Obligations Law
1. Pure a. Concept Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the
General provisions – Obligations Law
1. Concepts An “obligation” – refers to the juridical necessity to give, to do or not to do. (Article 1156, Civil Code) 2. Elements of
Extinguishment of obligations, Obligations Law
Obligations are extinguished: 1) By payment or performance: 2) By the loss of the thing due: 3) By the condonation or remission of the debt;
Law on contracts
General provisions – Contracts Law
1. Concepts A “contract” – is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something
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
Criminal penalties – Criminal Law
1. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) a. Effect of
Reformation of instruments – Contracts Law
1. Concept When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the
Legal & Judicial Ethics
Duty of the court, A5 Revised Penal Code
1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but
Lawyer’s duty to the clients
Canon 14: A lawyer shall not refuse his service to the needy. 1) Not refuse his service to the needy It is settled that a
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
Lawyer’s duty to the legal profession
a. Integrated Bar of the Philippines 1) Organization The Integrated Bar of the Philippines is the official national body composed of all persons whose names
Suggested Answers
Question XVI, Civil Law, 2017 Bar Exam
Jovencio operated a school bus to ferry his two sons and five of their schoolmates from their houses to their school, and back. The parents
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 XIV, Civil Law, 2017 Bar Exam
Plutarco owned land that borders on a river. After several years, the action of the water of the river caused the deposit of soil, and
Question XIII, Civil Law, 2017 Bar Exam
TRUE or FALSE – Explain your answers. (a) All rights are considered as property. (2%) (b) A lessee cannot bring a case for quieting of
Question XII, Civil Law, 2017 Bar Exam
Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City. Due to severe financial constraints, Krystal was forced to sell the
Question XI, Civil Law, 2017 Bar Exam
Zeny and Nolan were best friends for a long time already. Zeny borrowed ₱10,000.00 from Nolan, evidenced by a promissory note whereby Zeny promised to
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
