(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
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).
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...
(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) th...
Citations: Civil Code, Article 8
(a) Identify the controlling doctrine under NCC Article 8 about 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...
Citations: Civil Code of the Philippines, Article 8 (Lawphil)
(a) Identify the controlling doctrine under NCC Article 8 about 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)...
Citations: Civil Code of the Philippines, Article 8
(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions applying or interpreting laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) th...
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)
...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)
...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
...s complexities. It aligns with the subject and keeps the scope tight. Civil Code of the Philippines, Article 7
Citations: Civil Code of the Philippines, Article 7
A and B are neighbors who own a parcel of land adjoining a public road. A orally agrees to sell to B and the parties execute a private instrument of sale, which is not a public instrument and is not registered. B has...
Citations: Civil Code of the Philippines, Article 5
...e owner did not authorize the sale. Lani now invokes Article 3 of the Civil Code, arguing that her lack of knowledge about the title’s validity should excuse her. (a) Identify the controlling doctrine and its scope. (b)...
Citations: Civil Code, Art. 3
...the old law. (a) Identify the controlling rule under Article 2 of the Civil Code regarding when laws take effect. (b) Determine whether Maria’s January 25, 2024 filing is governed by the old law or by the LTMA. (c) If Ma...
Citations: Civil Code of the Philippines, Art. 2
...the old law. (a) Identify the controlling rule under Article 2 of the Civil Code regarding when laws take effect. (b) Determine whether Elias’s January 25, 2026 filing is governed by the old law or by NLRMA. (c) If Elias...
Citations: Civil Code of the Philippines, Article 2
...(a) Identify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Is the waiver binding only between Bea and Bruno, or also binding upon Carla and Darius (third...
Citations: Civil Code of the Philippines, Art. 6
...(a) Identify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Is the waiver binding only between Kara and Omar, or also binding upon Felix (a third party)? (...
Citations: Civil Code, Art. 6, Property Registration Decree No. 1529 (Land Registration)
...la showed was forged in Mila’s name. Ken now invokes Article 3 of the Civil Code, arguing that his lack of knowledge about Mila’s true status should excuse him. (a) Identify the controlling doctrine and its scope. (b) Di...
Citations: Civil Code of the Philippines, Art. 3
...bind third parties is mandatory or prohibitory under Article 5 of the Civil Code. (b) Explain the effect of the private deed from Lila to Kai on (i) the validity of the transfer between Lila and Kai, and (ii) Lila’s righ...
Citations: Civil Code, Art. 5
...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 RLTA’s retroactivity clauses apply to pending applications and to pre...
Citations: Civil Code of the Philippines, Article 4
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