(a) Under the Civil Code, NCC Article 8 governs the binding effect of judicial decisions applying or interpreting laws. State the controlling doctrine and its scope of binding force. (b) Distinguish how such judicial dec...
Citations: Civil Code of the Philippines, Article 8
The Civil Code generally prohibits retroactive laws unless the statute itself provides for retroactivity. A hypothetical Retroactive Land Titles Act (RLTA) is enacted with the following provisions: (i) retroactive effect...
...tatutes, specifically in the context of land titles and registration. Civil Code of the Philippines, Art. 8
Citations: Civil Code of the Philippines, Art. 8
Art. 5 of the Civil Code classifies certain rules as mandatory or prohibitory. A privately drafted deed purporting to convey a parcel of land from A to B is executed, but the law requires that transfers of immovable prop...
Citations: Civil Code of the Philippines, Article 5 (on mandatory and prohibitory laws); Civil Code provisions on the formal requirements for transfers of immovable property (public instrument).
Under NCC Art. 8, judicial decisions interpreting or applying laws form part of the law. In 2010, the Supreme Court held that a deed of partition among co-owners A and B is valid and enforceable even if not annotated on...
Under NCC Art. 8, judicial decisions interpreting or applying laws form part of the law. In 2011, the Supreme Court decided in a mortgage case that a mortgage between A (mortgagor) and B (mortgagee) is valid and enforcea...
Under NCC Art. 8, judicial decisions interpreting or applying laws form part of the law. In 2012, the Supreme Court decided in a case involving a 25-year lease of agricultural land between Lessor X and Lessee Y that the...
Under NCC Art. 8, judicial decisions interpreting or applying laws form part of the law. In 2012, the Supreme Court held in Santos v. Dizon that a deed of sale of land between A (seller) and B (buyer) is valid and enforc...
Under NCC Art. 8, judicial decisions interpreting or applying laws form part of the law. In 2014, the Supreme Court held that a mortgage between A (mortgagor) and B (mortgagee) is valid and enforceable even if the mortga...
Under NCC Art. 8, judicial decisions interpreting or applying the law form part of the law. In 2009, the Supreme Court held that a private easement of way over A's land in favor of B is valid and enforceable even if the...
Under NCC Article 8, judicial decisions interpreting or applying laws are part of the law. Consider the following scenario: In 2010, a Supreme Court decision held that a mortgage between A (mortgagor) and B (mortgagee) i...
...the binding effect of judicial decisions applying or interpreting the laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and land titles when a later statute addresses the...
Citations: Civil Code of the Philippines, Article 8 (Lawphil)
...reated prior to repeal survive—remains the sole driver of the answer. Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (principle recognized in Philippine jurisprudence regarding repeal of land registration...
Citations: Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (principle recognized in Philippine jurisprudence regarding repeal of land registration laws)
...Identify the controlling doctrine on retroactivity of laws under the Civil Code and state the effect of Article 4 on this statute. (b) Decide whether the RPTA’s retroactivity clauses apply to pending applications and to...
Citations: Civil Code of the Philippines, Article 4, Lawphil
...Penal Code (Act No. 3815), Article 14 (Territoriality of Penal Laws), Civil Code of the Philippines, Article 14 (NCC) – context for territorial application in related civil framework (where relevant to the doctrine), Sup...
Citations: Revised Penal Code (Act No. 3815), Article 14 (Territoriality of Penal Laws), Civil Code of the Philippines, Article 14 (NCC) – context for territorial application in related civil framework (where relevant to the doctrine), Supreme Court rulings interpreting territoriality and extraterritorial application of penal laws (as relied upon in standard bar review materials)
...out the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and land titles records, especially where a later s...
Citations: Civil Code, Article 8
...out the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such a decision binds: (i) the parties to the case; and (ii) third parties and land titles records when a later statute addr...
Citations: Civil Code of the Philippines, Article 8
...out the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and land titles records when a later statute addres...
Citations: Civil Code Article 8
...ted rights in property transactions, aligning tightly with the topic. Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (Philippine jurisprudence)
Citations: Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (Philippine jurisprudence)
...e doctrine to a concrete scenario without conflating adjacent topics. Civil Code of the Philippines, Art. 7, P.D. 1529 (Property Registration Decree) (relevant to land registration acts and their repeal)
Citations: Civil Code of the Philippines, Art. 7, P.D. 1529 (Property Registration Decree) (relevant to land registration acts and their repeal)
...eous doctrinal tangents and tests a key, frequently-tested principle. Civil Code of the Philippines, Article 7, Act No. 496 (Land Registration Act)
Citations: Civil Code of the Philippines, Article 7, Act No. 496 (Land Registration Act)
...me survive repeal and affect the title status and third-party rights. Civil Code, Art. 7, Commonwealth Act No. 141 (Land Registration Act), Presidential Decree No. 1529 (Property Registration Decree)
Citations: Civil Code, Art. 7, Commonwealth Act No. 141 (Land Registration Act), Presidential Decree No. 1529 (Property Registration Decree)
...ability to apply the doctrine to vesting events under an old statute. Civil Code of the Philippines, Article 7
Citations: Civil Code of the Philippines, Article 7
...led, requiring recognition of vesting rights and their survivability. Civil Code Article 7
Citations: Civil Code Article 7
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