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Questions and Answers
What is the underlying principle of the Clean Hands Doctrine?
What is the underlying principle of the Clean Hands Doctrine?
- A party must demonstrate complete innocence to file a claim
- A party must not seek to gain an advantage through deceit
- A party must have the right to recover damages if faultless (correct)
- A party must not come to court with unclean intentions
Which of the following is an essential element of the Abuse of Rights doctrine?
Which of the following is an essential element of the Abuse of Rights doctrine?
- The act must be done without any legal right
- The act must not cause any injury to another
- The act must be intended to harm another (correct)
- The act must be performed in good faith
What does Article 20 provide in terms of legal remedies?
What does Article 20 provide in terms of legal remedies?
- General indemnity for injuries suffered (correct)
- Compensation only for willful acts
- Punitive damages for malicious actions
- Exemptions for minor negligence
Under which circumstance can a breach of promise to marry be considered actionable?
Under which circumstance can a breach of promise to marry be considered actionable?
What is the definition of good faith as per the content provided?
What is the definition of good faith as per the content provided?
Which of the following conditions must be present for the Contra Bonus Mores to apply?
Which of the following conditions must be present for the Contra Bonus Mores to apply?
Which article discusses standards for the exercise of rights and performance of duties?
Which article discusses standards for the exercise of rights and performance of duties?
Can an acquitted accused be held civilly liable?
Can an acquitted accused be held civilly liable?
What must be shown to repeal or amend a special law by a subsequent general law?
What must be shown to repeal or amend a special law by a subsequent general law?
Which scenario describes an implied repeal?
Which scenario describes an implied repeal?
What happens to a law if an express repeal is repealed without further provisions?
What happens to a law if an express repeal is repealed without further provisions?
Which principle does the Doctrine of Stare Decisis uphold?
Which principle does the Doctrine of Stare Decisis uphold?
How does the Doctrine of Stare Decisis apply to decisions from courts other than the Supreme Court?
How does the Doctrine of Stare Decisis apply to decisions from courts other than the Supreme Court?
If a law is silent regarding a particular controversy, what must a judge do?
If a law is silent regarding a particular controversy, what must a judge do?
What principle applies to the rule 'nullum crimen, nulla poena sine lege' in criminal cases?
What principle applies to the rule 'nullum crimen, nulla poena sine lege' in criminal cases?
What is the role of judicial decisions according to the Constitution?
What is the role of judicial decisions according to the Constitution?
What defines 'juridical capacity'?
What defines 'juridical capacity'?
Which statement correctly describes 'capacity to act'?
Which statement correctly describes 'capacity to act'?
Which is not a reason for limitation of capacity to act?
Which is not a reason for limitation of capacity to act?
At what age does legal majority commence?
At what age does legal majority commence?
What happens to the obligations of a minor?
What happens to the obligations of a minor?
Which statement about a married woman aged 21 or over is true?
Which statement about a married woman aged 21 or over is true?
Which of the following is a reason for capacity to act to be modified or limited?
Which of the following is a reason for capacity to act to be modified or limited?
Which of the following characteristics is associated with juridical capacity, but not capacity to act?
Which of the following characteristics is associated with juridical capacity, but not capacity to act?
What happens to the right to prosecute the application for a certificate of public convenience upon the death of the applicant?
What happens to the right to prosecute the application for a certificate of public convenience upon the death of the applicant?
Can a judgment be rendered against a deceased defendant?
Can a judgment be rendered against a deceased defendant?
Under what circumstance can habeas corpus be used in relation to a deceased person's body?
Under what circumstance can habeas corpus be used in relation to a deceased person's body?
What is the primary rule regarding who has rights to a deceased person's body under Philippine law?
What is the primary rule regarding who has rights to a deceased person's body under Philippine law?
What does Article 43 state regarding individuals who are called to succeed each other?
What does Article 43 state regarding individuals who are called to succeed each other?
Which rule applies to survivorship when dealing with individuals who are not called to succeed each other?
Which rule applies to survivorship when dealing with individuals who are not called to succeed each other?
In cases where both parties are under the age of 15, which is deemed to have survived?
In cases where both parties are under the age of 15, which is deemed to have survived?
What does the presumption in survivorship rules indicate when both parties are above the age of 60?
What does the presumption in survivorship rules indicate when both parties are above the age of 60?
What must be demonstrated for the insanity defense to be considered valid?
What must be demonstrated for the insanity defense to be considered valid?
Which of the following conditions regarding deaf-mutes affects their capacity to give consent?
Which of the following conditions regarding deaf-mutes affects their capacity to give consent?
What is one effect of civil interdiction?
What is one effect of civil interdiction?
Under what condition is a fetus considered born for civil purposes?
Under what condition is a fetus considered born for civil purposes?
Which of the following is a right of a conceived child?
Which of the following is a right of a conceived child?
What happens to a person who is deemed prodigal?
What happens to a person who is deemed prodigal?
What is the significance of birth in relation to civil personality?
What is the significance of birth in relation to civil personality?
Which of the following statements is true regarding schizophrenia and criminal liability?
Which of the following statements is true regarding schizophrenia and criminal liability?
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Study Notes
Special Laws and Repeals
- A special law cannot be altered by a general law unless there is clear intent to repeal or amend it.
- Express repeal occurs when a law explicitly revokes another; if that repealing law is subsequently repealed, the original law is not automatically revived unless stated.
- Implied repeal happens when a law is effectively voided by another; if the implied repealing law is repealed, the original law revives unless otherwise specified.
Constitution Repeal and Judicial Review
- The Constitution cannot be repealed in a typical legislative manner.
- The Supreme Court holds the power to declare laws unconstitutional, enforcing judicial review.
- Judicial decisions from the Supreme Court form part of the legal system, establishing jurisprudence.
Doctrine of Stare Decisis
- Once a legal principle is established by the Supreme Court, it must be followed in future cases with similar facts.
- This doctrine does not extend to decisions made by lower courts.
Judicial Decision Obligations
- Judges must render judgments even in cases of insufficient law; they cannot decline to rule.
- In criminal cases, if the law is unclear, judges should apply local customs or general principles of justice.
Prosecution and Legal Malice
- Legal malice implies intent to harm in prosecution; an innocent mistake does not constitute malicious prosecution.
- Article 21 emphasizes that those seeking justice must have "clean hands," meaning they must not be at fault themselves.
Principle of Abuse of Rights
- Rights must be exercised without bad faith and without intent to harm others; good faith is crucial to avoid abuse.
- Misuse of a right is defined as actions undertaken knowingly to cause injury to another party.
Capacity to Act
- Juridical capacity includes the ability to hold rights and perform legally binding acts; capacity may be restricted under various circumstances like age or insanity.
- Married women over 21 have full capacity, except in specified legal cases.
Minority and Legal Capacity
- A minor is defined as someone under 18 years of age; unemancipated minors cannot enter contracts without permission.
- Insanity must be proven for a valid legal defense; gradual mental deterioration may not exempt one from liability.
Deaf-Mutes and Legal Consent
- Deaf-mutes who cannot write are deemed incapable of providing informed consent for contracts.
Effects of Civil Interdiction
- Civil interdiction results in removed rights regarding parental authority, property management, and marriage responsibilities.
Natural Persons and Civil Personality
- Birth establishes civil personality; a conceived child is considered "born" for certain rights if delivered successfully under specific conditions.
Jurisdiction Over Deceased Defendants
- Courts cannot acquire jurisdiction over deceased persons; any judgments against them are void due to lack of valid service.
Custody of a Deceased Person's Body
- Habeas corpus can be utilized to recover custody of a deceased person’s body, but procedural recognition of relationships under law is crucial in such cases.
Rules of Survivorship
- If the order of death between successors is uncertain, the burden of proof lies on the party claiming one died before the other; otherwise, they are presumed to have died simultaneously.
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