Under NCC, Art. 8, judicial decisions form part of the law. In a dispute over a land title, X v. Y (G.R. No. 123456, 1995) held that a sale of land is valid even if the deed was not registered, as against the parties to...
Citations: Civil Code of the Philippines, Art. 8
...rns 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 decisions bind: (i) the parties to the case; an...
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...
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)
...overning acts performed under a repealed or amended land-registration law. (b) Apply the doctrine to the following facts: In May 2006, X executed a deed of absolute sale of a parcel of land to Y under the Land Registrati...
Citations: Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (principle recognized in Philippine jurisprudence regarding repeal of land registration laws)
...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
...urporting to convey a parcel of land from A to B is executed, but the law requires that transfers of immovable property be effected by a public instrument to transfer ownership and bind third parties. The deed is only a...
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)
...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
...overning acts performed under a repealed or amended land-registration law. (b) Apply the doctrine to the following facts: On March 7, 2004, A executed a deed of absolute sale of a parcel of land to B under the Land Regis...
...controlling rule governing acts performed under a repealed or amended law. (b) Apply the doctrine to the following facts: On June 1, 2005, A sold a parcel of land to B via a deed of sale executed under a land-registratio...
Citations: Civil Code of the Philippines, Art. 7, Operative Fact Doctrine (Philippine jurisprudence)
...overning acts performed under a repealed or amended land-registration law. (b) Apply the doctrine to the following facts: On June 2, 1999, D executed a deed of absolute sale of a parcel of land to E under the Land Regist...
Citations: Civil Code of the Philippines, Art. 7, P.D. 1529 (Property Registration Decree) (relevant to land registration acts and their repeal)
...overning acts performed under a repealed or amended land-registration law. (b) Apply the doctrine to the following facts: On April 10, 2003, A executed a deed of absolute sale of a parcel of land to B under the Land Regi...
Citations: NCC, Art. 7
...overning acts performed under a repealed or amended land-registration law. (b) Apply the doctrine to the following facts: On March 15, 2001, L executed a deed of absolute sale of a parcel of land to M under the Land Regi...
Clara