Legal Principles of Special Statutes

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

When fraud and deceit are involved Signup and view all the answers

What is the definition of good faith as per the content provided?

An honest intention to avoid harming another Signup and view all the answers

Which of the following conditions must be present for the Contra Bonus Mores to apply?

The act must be legal yet unethical Signup and view all the answers

Which article discusses standards for the exercise of rights and performance of duties?

Article 19 Signup and view all the answers

Can an acquitted accused be held civilly liable?

Yes, without any additional evidence Signup and view all the answers

What must be shown to repeal or amend a special law by a subsequent general law?

A clear intent to repeal or alter must be evident Signup and view all the answers

Which scenario describes an implied repeal?

A new law conflicts with an existing law but does not mention it Signup and view all the answers

What happens to a law if an express repeal is repealed without further provisions?

The prior law is revived unless stated otherwise Signup and view all the answers

Which principle does the Doctrine of Stare Decisis uphold?

Once a legal principle has been established, it must apply to similar future cases Signup and view all the answers

How does the Doctrine of Stare Decisis apply to decisions from courts other than the Supreme Court?

No, only the Supreme Court decisions are binding Signup and view all the answers

If a law is silent regarding a particular controversy, what must a judge do?

Apply local custom or general principles of law Signup and view all the answers

What principle applies to the rule 'nullum crimen, nulla poena sine lege' in criminal cases?

Judges must dismiss cases if the law is not clear Signup and view all the answers

What is the role of judicial decisions according to the Constitution?

To form part of the legal system when interpreting laws Signup and view all the answers

What defines 'juridical capacity'?

Aptitude for the mere holding or enjoyment of rights. Signup and view all the answers

Which statement correctly describes 'capacity to act'?

It may be limited due to factors such as insanity or minority. Signup and view all the answers

Which is not a reason for limitation of capacity to act?

Religious belief Signup and view all the answers

At what age does legal majority commence?

18 years of age Signup and view all the answers

What happens to the obligations of a minor?

Minors have obligations arising from their acts. Signup and view all the answers

Which statement about a married woman aged 21 or over is true?

She is qualified for all acts of civil life unless specified by law. Signup and view all the answers

Which of the following is a reason for capacity to act to be modified or limited?

Family relations Signup and view all the answers

Which of the following characteristics is associated with juridical capacity, but not capacity to act?

Ability to hold rights Signup and view all the answers

What happens to the right to prosecute the application for a certificate of public convenience upon the death of the applicant?

It survives to the estate of the deceased. Signup and view all the answers

Can a judgment be rendered against a deceased defendant?

No, it is null and void. Signup and view all the answers

Under what circumstance can habeas corpus be used in relation to a deceased person's body?

Only when the petitioner was unaware of the death. Signup and view all the answers

What is the primary rule regarding who has rights to a deceased person's body under Philippine law?

The nearest kin are prioritized for burial duties. Signup and view all the answers

What does Article 43 state regarding individuals who are called to succeed each other?

Survivorship must be proven by whoever alleges a prior death. Signup and view all the answers

Which rule applies to survivorship when dealing with individuals who are not called to succeed each other?

The rules on survivorship under the Rules of Court. Signup and view all the answers

In cases where both parties are under the age of 15, which is deemed to have survived?

The older individual. Signup and view all the answers

What does the presumption in survivorship rules indicate when both parties are above the age of 60?

The younger person is deemed to have survived. Signup and view all the answers

What must be demonstrated for the insanity defense to be considered valid?

Complete deprivation of intelligence or consciousness Signup and view all the answers

Which of the following conditions regarding deaf-mutes affects their capacity to give consent?

Only those who know how to write are capable of giving consent Signup and view all the answers

What is one effect of civil interdiction?

Deprivation of parental authority or guardianship Signup and view all the answers

Under what condition is a fetus considered born for civil purposes?

If it is alive at the time of delivery Signup and view all the answers

Which of the following is a right of a conceived child?

Right to support from its progenitors Signup and view all the answers

What happens to a person who is deemed prodigal?

They are placed under guardianship Signup and view all the answers

What is the significance of birth in relation to civil personality?

Birth grants civil personality Signup and view all the answers

Which of the following statements is true regarding schizophrenia and criminal liability?

It can impair mental faculties but does not exempt from liability Signup and view all the answers

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 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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the legal principles surrounding special statutes and their interaction with general laws. It examines the rules regarding repeal, amendment, and the implications of express repeal. Test your understanding of these fundamental legal concepts.