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...
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 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...
...zed in Philippine jurisprudence regarding repeal of land registration laws)
Citations: Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (principle recognized in Philippine jurisprudence regarding repeal of land registration laws)
...ne? This flashcard tests the core doctrine that mandatory/prohibitory laws cannot be contracted away and that the formalities for real-property transfers are a central, non-waivable rule. The scenario with private instru...
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 controlling doctrine on the territorial reach of Philippine penal laws. (b) For Mia’s act committed abroad, explain whether Philippine penal law may apply to punish her, and what limits or conditions attach to any ex...
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)
...the controlling doctrine on the territorial reach of Philippine penal laws. (b) For Arman’s act abroad, explain whether Philippine penal law may apply to punish him, and what limits or conditions attach to any extraterri...
Citations: Revised Penal Code, Art. 14 (Territoriality of penal laws), Lawphil (text of the Revised Penal Code and Art. 14)
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
...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 Maria had filed the applicat...
Citations: Civil Code of the Philippines, Art. 2
...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 had filed the application...
Citations: Civil Code of the Philippines, Article 2
Lila owns Lot 11 in a metropolitan subdivision. Lila privately signs a deed of sale transferring the lot to Kai, but the instrument is not in a public instrument and there is no registration. Kai does not take possess...
Citations: Civil Code, Art. 5
...gistration. (a) 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 retroactivity clauses apply to pending applicatio...
...gistration. (a) 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 RPPTA’s retroactivity clauses apply to pending applica...
...gistration. (a) 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 applicat...
Citations: Civil Code of the Philippines, Article 4
...gistration. (a) 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 appl...
Citations: Civil Code of the Philippines, Article 4, Lawphil
...gistration. (a) 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 RLTA's retroactivity clauses apply to pending appl...
Citations: Civil Code of the Philippines, Article 4
A and B own adjoining parcels, and B privately signs a deed conveying Parcel X to C; the deed is not executed in a public instrument and is not registered. C does not take possession. Later, B privately signs another...
...the same act. With respect to the territoriality of Philippine penal laws under Art. 14, which statement best describes the reach of Philippine penal law in this scenario? The central doctrine is the nationality princip...
...ch statement best describes the territorial reach of Philippine penal laws under NCC Art. 14? Option 2 (index 1) reflects the controlling doctrine: Philippine penal laws mainly apply within the Philippines; extraterritor...
...ch statement best describes the territorial reach of Philippine penal laws under the Revised Penal Code Art. 14? Correct answer: The Philippines may apply its penal law to punish the act because the offender is Filipino...
Clara