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Flashcards: POLSC101 [Civil Code]
What is the official name of the legal document discussed in Article 1?
The Civil Code of the Philippines.
How many articles does the Civil Code of the Philippines consist of, and into how many books is it divided?
2,270 articles and is divided into four books.
When did the Civil Code of the Philippines become effective?
August 30, 1950
What does the term "otherwise provided" refer to in Article 2?
It pertains to the period or date of effectivity of laws.
Can laws be published in an online newspaper, according to Article 2?
Laws must be published in a newspaper of general circulation.
According to Article 3, does ignorance of foreign law excuse a person?
No, ignorance of foreign law is considered a mistake of fact.
Give an example of an exception to the rule against retroactive laws mentioned in Article 4.
Habitual criminals facing new charges may be subject to retroactive laws.
What does Article 5 state about acts executed against the provisions of mandatory or prohibitory laws?
Such acts shall be void unless the law itself authorizes their validity.
Can citizenship be waived, according to Article 6?
No, citizenship cannot be waived as it is contrary to law.
What is the exception mentioned in Article 6 regarding the waiver of rights?
Waiver must not be prejudicial to a third person with a right recognized by law.
How are laws repealed, according to Article 7?
Either expressly or impliedly.
What is the operative fact doctrine mentioned in Article 7?
It states that when a law is declared unconstitutional, it is considered invalid from the beginning.
What does Article 8 state about judicial decisions in the legal system of the Philippines?
Judicial decisions interpreting laws or the Constitution form part of the legal system.
According to Article 9, under what circumstances should a judge not decline to render judgment?
They should not decline due to the silence, obscurity, or insufficiency of laws.
What does Article 10 presume when there is doubt in the interpretation or application of laws?
It presumes that the lawmaking body intended right and justice to prevail.
What is the subject matter of Articles 11 and 12?
They discuss customs and their legal implications.
Can customs contrary to law, public order, or public policy be countenanced, according to Article 11?
No, such customs shall not be countenanced.
How are periods computed according to Article 13?
The first day shall be excluded, and the last day included.
What does Article 14 state about penal laws and those of public security and safety?
They shall be obligatory upon all who live or sojourn in the Philippine territory, subject to international law and treaty stipulations.