FAMILY CODE OF THE PHILIPPINES

CASE FOR ARTICLE 5 DBP V. CA, 65 SCAD 82, 249 SCR.331, OCTOBER 16, 1995 The supreme court said that the buyer of the parcel of the  parcel of land that is considered as non disposable land of the public domain didn’t acquire the valid title over the land, but recognized the certain effects of the same, in that when the buyer ask for the land was deducted from the amount reimbursed. This is the recognition of a right without title  was transmitted  in favor of the  buyer.And  the reduction of the amount reimbursed is in conformity with the rule that no one that shall enrich himself at the expense of another.      It is well settled doctrine that a statute requiring rendition of judgment within a specified time is generally construed to be merely directory, so that non compliance  with them does not invalidate the judgment on the theory that if the statute had intended such result it would clearly indicated it MARCOS V.COMELEC, et al 64 ...

Zapanta v. Montesa, G.R. No. L-14534, February 28, 1962 Facts: On May 20, 1958, Olimpia Y. Co filed a Bigamy case against Merardo L. Zapanta alleging that the latter having previously married to Estrella Guarin , and without having the said marriage dissolved contracted a second marriage with the complainant. On June 16, 1958, Zapanta filed a case against Yco for the annulment of their marriage on the ground of duress, force and intimidation. Yco filed a motion to dismiss the complaint upon the ground that it stated no cause of action but was denied after a few days. On September 2, 1958, Zapanta filed a motion to suspend proceedings on the ground that the civil case was a prejudicial question. Respondent judge denied the motion as well as petitioner’s motion for reconsideration, and ordered his arraignment. After entering a plea of not guilty, petitioner filed the present action. Issues : The prejudicial question must be determinative of the case before the court,...

ARTICLE 36 PREJUDICIAL QUESTIONS which must be decided before any criminal prosecution mich shall not aybe instituted or may proceed, shall be governed by the Rules of the Court which the Supreme Court shall promulgate and which shall not be in conflict with  the provision of this code. CONCEPT OF PREJUDICIAL QUESTIONS  PREJUDICIAL QUESTION- It is a question which arises in a case, the resolution of which is a logical antecedent of the issue involve The Rules of Court provide for the elements of prejudicial questions, to wit; (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and ( b) Rule III, Sec 7,Rules of Court).   A civil case, to be considered prejudicial to a criminal action as to cause the suspension of the latter, pending it determination ,must not only involve the same facts upon which the criminal prosecution would be based, but also that the...

                           Judicial Questioning is a question that must be answered by giving significant legal principles to  interpretation  of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well  inferences  arising from those facts. It is also a matter that will be decided in the court of law. Prepared by:               IRISH V. DE RAMA.Ed. D.

MHALDITAS LAW  JOURNEY           As an elementary school teacher, being part of a law school can be more overwhelming and challenging where in you can find the real essence of tranquility of peace. This is a fulfilling chance and dream for a girl like me who’s been a victim of misjudgment   and faces the darkness independently and found inner strength to get through them.         I learnt to walk with my bare feet and take my shoes to build strong determination and unbeatable power  and courage to have daunting weapon in the arsenal righteousness my educational degree of being an educator. However, I used to walk through pointed nails and stand the heat of a boiling water to face controversies just to grow a seed of fate and deed in the right time to pursue the Challenges at hand to change things for the better.      ...

AMBASSADOR Ambassador diplomatic agent of the superior rank accredited to a foreign government or sovereign as the resident representative of his or her own government or sovereign or appointed for a special and often temporary diplomatic assignment An ambassador is a diplomatic official accredited to a foreign sovereign or government, or to an international organization, to serve as the official representative of his or her own country. In everyday usage it applies to the ranking government representative stationed in a foreign capital. The host country typically allows the ambassador control of specific territory called an embassy, whose territory, staff, and even vehicles are generally afforded diplomatic immunity in the host country.   CONSUL A Consuls assist their countrymen while abroad, and they may issue visas and participate in other activities which are intended to facilitate friendly relations between their home and host nations. by: IR...

FAMILY CODE OF THE PHILIPPINES (SECTION 5) By: Irish V. de Rama,Ed.D. SECTION 5:Acts executed again the provisions of mandatory prohibitory laws shall be void, except when the law itself authorizes the validity.            Marriage law are mandatory and prohibitory, such that if the marriage is contracted where one of the parties is psychologically incapacitated to perform the duties to the marriage bond, the marriage is void. ( Art. 36, Family Code)         But the law recognizes as legitimate a child born or conceived out of such marriage, provided that the child conceived or born prior to the declaration of nullity of , . (Art 54 Family Code) Kinds of Mandatory L aw 1.POSITIVE    When the law is something need to be done 2, NEGATIVE   When the law  is something prohibitory EXCEPTIONS 1.When the law makes the act not void but m...