Question & AnswerQ&A (Republic Act No. 386)
Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation, unless otherwise provided (Article 2).
Laws shall have no retroactive effect unless the contrary is provided (Article 4).
Ignorance of the law excuses no one from compliance therewith (Article 3).
A marriage is void from the beginning if contracted under age, solemnized by unauthorized persons, without a marriage license (except exceptional cases), if bigamous, incestuous, or otherwise prohibited by law (Articles 80 to 82).
The essential requisites are consent of contracting parties, a certain object which is the subject matter of the contract, and a cause of the obligation which is established (Article 1318).
Emancipation takes place by marriage, by reaching the age of majority (21 years), or by concession of the parent who exercises parental authority (Articles 397 to 401).
The wills recognized include holographic wills (entirely written, dated, and signed by the testator), and wills executed with the presence of credible witnesses and notaries; wills executed abroad may be probated if according to the laws where made (Articles 804 to 817).
Damages may be actual or compensatory, moral, nominal, temperate or moderate, liquidated, or exemplary or corrective (Article 2197).
A contract of sale obligates the seller to transfer ownership and deliver a determinate thing and the buyer to pay a certain price; the contract is perfected upon the meeting of minds on object and price (Articles 1458 to 1475).
Quasi-delict arises when a person, by act or omission causing damage to another, with fault or negligence, is obliged to pay for the damage caused (Article 2176).
Except as expressly specified by law, stipulation, or the nature of the obligation, no person shall be responsible for events that could not be foreseen or that were inevitable (Article 1174).
Contracts whose cause, object or purpose is contrary to law, morals, public order; those absolutely simulated; those with impossible object; and those where the parties' real intention cannot be ascertained, among others, are void and inexistent (Article 1409).
Prescription is the acquisition or loss of rights and actions by lapse of time under the conditions determined by law (Article 1106).
Yes, they may acquire property by prescription personally or through their parents, guardians or legal representatives (Article 1107).
Ratification cleanses the contract from all its defects from the moment it was constituted and extinguishes the action to annul the voidable contract (Articles 1392 to 1396).
Partners must contribute money, property or industry to a common fund and share profits; partners are liable for contracts made in the name of the partnership; they owe duties of indemnity and accounting among themselves (Articles 1767 to 1809).
Acceptance or repudiation is voluntary and has retroactive effect to the death of the decedent; accepted inheritance cannot be revoked except in certain cases (Articles 1041 to 1056).
It requires a valid principal obligation; the mortgagor must have free disposal of the property mortgaged; the instrument must be recorded in the Registry of Property (Article 2125).
1) Contract must secure a principal obligation; 2) pledgor or mortgagor must be owner; 3) persons must have free disposal or be authorized (Article 2085).
At least 3,000 pesos for moral damages and compensation for loss of earning capacity, additional support for dependents, and possible exemplary damages (Article 2206).